kansas appellate practice handbook - Kansas Judicial Branch

7-14 Appellate Procedure
Rule 5.06 governs applications for release after conviction filed
with the appellate courts under K.S.A. 22‐2804(2) or K.S.A. 21‐6820(b)
(departure sentences). The application must include the following
information:
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District court’s disposition of the application
Nature of the offense and the sentence imposed;
Amount of any appearance bond previously imposed in the
case;
Defendant’s family ties;
Defendant’s employment;
Defendant’s financial resources;
Length of defendant’s residence in the community;
Any record of prior convictions;
Defendant’s record of appearance at court proceedings,
including failure to appear; and
Copy of the district court order stating the reason for its
decision.
PRACTICE NOTE: A large number of applications
for release after conviction do not include all the
required information or a copy of the district court
order. This failure usually results in denial of the
application. Numbering each paragraph is the easiest
way to ensure that all required information is contained
in the application. See § 12.9, infra.
If the district court’s order merely denies bond without reflecting the
reason, the appellate court may remand the matter for the district court
to make additional findings. The appellate court will then not review the
merits of the application until the district court enters these additional
findings. During the remand for additional findings, the status quo remains
in effect. Therefore, to reduce the amount of time an application remains
pending, counsel should seek a district court order that articulates specific
reasons for the denial of the application for release.
2013