Rule 9 Release in Criminal Cases

(a) Appeals from Orders Respecting Release Entered Prior to a Judgment of Conviction. An appeal authorized by law from an order refusing or imposing conditions of release, shall be determined promptly, upon entry if order refusing or imposing condions of releasre the trial division or the district court shall state in writing the reasons for the action taken. The appeal shall be heard without the necessity of briefs after reasonable notice to the appellee upon such papers, affidavits, and portions of the record as the parties shall present. The appellate division or a judge thereof may order the release of the appellant pending the appeal.

(b) Release Pending Appeal from a Judgement of Conviction. Application for release after a judgement of conviction shall be made in the first instance in the trial division or the district court. If the trial division or the district court refuses release pending appeal or imposes conditions of the district court refuses release pending appeal or imposes conditions or release, the court shall state in writing the reasons for the action taken. Thereafter, if an appeal is pending, a motion for release, or for modification of the conditions of release, pending review may be made to the appellate division or to a judge thereof. The motion shall be determined promptly upon such papers, affidavits, and portions of the record as the parties shall present and after reasonable notice to the appellee. The appellate division or a judge thereof may order the release of the appellant pending disposition of the motion.

(c) Criteria for Release. The decision as to release pending appeal shall be made in accordance with the relevant provisions of the American Samoa Code Annotated. The burden of establishing that the defendant will not flee or pose a danger to any other person or to the community rests with the defendant.