Rule 12-204. Expedited appeals from orders regarding release or detention entered prior to a judgment of conviction.

A. Scope. This rule governs appeals under Rule 5-405 NMRA from orders regarding release or detention. The provisions of Rule 12-201 NMRA, Rule 12-208 NMRA, Rule 12-210 NMRA, and Rule 12-404 NMRA shall not apply to appeals under this rule. B. Computation of time. All time periods set forth in this rule shall be construed as calendar days, and the manner of computing time set forth in Rule 12-308 NMRA for periods of less than eleven (11) days shall not apply. If the last day of a time period prescribed by this rule falls on a weekend, court holiday, or other day that the appellate court is closed or unavailable for filing, the required action shall be deemed timely if taken on the next day that the court is open and available for filing. The additional three (3)-day period provided in Rule 12-308(B) NMRA for certain kinds of service shall not apply to the time periods set forth in this rule. The court shall not extend the time periods set forth in this rule. C. Initiating the appeal. (1) Motion. An appeal under this rule shall be initiated by filing a motion with the clerk of the appropriate appellate court within ten (10) days after the decision of the district court is filed. The motion shall specify the decision appealed from and shall include, by attachments, any materials deemed necessary for consideration of the matter by the appellate court, including any available audio recording or stenographic transcript of the hearing in district court. The docket fee shall be paid at the time the motion is filed, subject to the provisions of Rule 12-304 NMRA. (2) Notice. The appellant shall give notice of the filing of the motion to the appellate division of the attorney general, appellate division of the public defender, trial judge, and trial counsel of record for each party other than the appellant. (3) Stay of proceedings. An appeal under this rule does not stay the proceedings in the trial court. D. Appellate court review. (1) Initial evaluation. The appellate court clerk shall docket the appeal upon receipt of the motion and present it to the court. The appeal may be submitted to a panel of three (3) justices or judges for decision. Within five (5) days of the filing of the motion, the appellate court shall do one of the following: (a) if it appears that the appeal is without merit, affirm the decision of the district court in accordance with Subparagraph (D)(2) of this rule; or (b) order the appellee to file a response within five (5) days of the date of the order requesting the response. (2) Disposition. (a) Time. The appellate court shall review the appeal in an expedited manner. If the appellate court has ordered the appellee to file a response, the court shall dispose of the appeal within seven (7) days after the response is filed. If the appellee fails to file a timely response, the court shall dispose of the appeal within five (5) days after the response was due. (b) Standard of review. The decision of the district court shall be set aside only if it is shown that the decision (i) is arbitrary, capricious, or reflects an abuse of discretion; (ii) is not supported by substantial evidence; or (iii) is otherwise not in accordance with law. (c) Effect. The appellate court’s final disposition shall be effective in accordance with the following provisions. (i) A final disposition in the Court of Appeals shall not be subject to a motion for rehearing and shall not be effective until eleven (11) days after filing the disposition with the appellate court clerk unless a petition for writ of certiorari is filed under Paragraph E of this rule, in which case the Court of Appeals’ disposition shall be automatically stayed pending the outcome of the proceeding on certiorari. If a petition for writ of certiorari is not filed within the time deadline in Paragraph E of this rule, the Court of Appeals shall immediately issue its mandate. (ii) A final disposition in the Supreme Court shall not be subject to a motion for rehearing, and its mandate shall issue immediately. E. Further review by certiorari. (1) Notwithstanding the time provisions in Rule 12-502(B) NMRA, a party may seek review of a decision of the Court of Appeals by filing a petition for writ of certiorari under Rule 12-502 NMRA no later than ten (10) days after the disposition is filed in the Court of Appeals. (2) The cover page of the petition shall be labeled “Expedited Petition for Writ of Certiorari.” In all other respects, the form and content of a petition shall be governed by the provisions of Rule 12-502 NMRA. (3) The petition may be submitted to a panel of three (3) justices for decision. The Supreme Court shall review the petition in an expedited manner. No response to the petition shall be filed except as directed by order of the Supreme Court, provided that the respondent shall have a right to file a response, as directed by the Supreme Court, before any petition is granted. (4) The final disposition of a petition shall be effective upon filing with the Supreme Court clerk and shall not be subject to a motion for rehearing. If the petition is denied, a copy of the Supreme Court order shall be immediately delivered to the Court of Appeals, which shall immediately issue its mandate in accordance with Rule 12- 402(C) NMRA. If the petition is granted, the final decision disposing of the certiorari proceeding shall also constitute the mandate of the Supreme Court.