IN RE R., APP. PROC. — CRIM., R. 3

PER CURIAM.

Our Committee on Criminal Practice has recommended a change in Rule 3 of the Rules of Appellate Procedure — Criminal. Rule 3 (a) concerns interlocutory appeals by the state. It fails to include appeals arising under the Rape Shield Statute, Ark. Code Ann. § 16-42-101. In order to avoid confusion and for ease of reference, this circumstance is being added to the rule as (3) (a) (3). Accordingly, Rule 3 (a) is hereby amended, effective immediately, and republished as follows:

Rule 3. APPEAL BY STATE.

(a) An interlocutory appeal on behalf of the state may be taken only from a pretrial order in a felony prosecution which (1) grants a motion under Ark. R. Crim. P. 16.2 to suppress seized evidence, (2) suppresses a defendant's confession, or (3) grants a motion under Ark. Code Ann.

§ 16-42-101 (c) to allow evidence of the victim's prior sexual conduct. The prosecuting attorney shall file, within ten (10) days after the entering of the order, a notice of appeal together with a certificate that the appeal is not taken for the purposes of delay and that the order substantially prejudices the prosecution of the case. Further proceedings in the trial court shall be stayed pending determination of the appeal.

Reporter's Notes: "(a)(3)" was added to the issues from which the state may file an interlocutory appeal — an adverse ruling under the Rape Shield Law, Ark. Code Ann. § 16-42-101. This appeal is currently authorized by statute, and it is now referenced in the rule to avoid any confusion.