Title 17, Chapter 10, Section 70
( 17-10-70)
(a) Appeals in cases brought under this article shall be governed by
Chapter 6 of Title 5 except that as to final orders of the court
which are adverse to the applicant, no appeal shall be ordered
unless the Supreme Court of this state issues a certificate of
probable cause for the appeal. (b) If an unsuccessful applicant desires to appeal, he or she must
file a written application for a certificate of probable cause to
appeal with the clerk of the Supreme Court within three days of the
entry of the order denying relief. The applicant shall also file
within the same period a notice of appeal with the clerk of the
concerned superior court. The Supreme Court shall either grant or
deny the application within a reasonable time after filing. In
order for the Supreme Court to consider fully the request for a
certificate, the clerk of the concerned superior court shall
forward, as in any other case, the record and transcript, if
designated, to the clerk of the Supreme Court when a notice of
appeal is filed. The clerk of the concerned superior court need not
prepare and retain and the court reporter need not file a copy of
the original record and a copy of the original transcript of
proceedings. The clerk of the Supreme Court shall return the
original record and transcript to the clerk of the concerned
superior court upon completion of the appeal if the certificate is
granted. If the Supreme Court denies the application for a
certificate of probable cause, the clerk of the Supreme Court shall
return the original record and transcript and shall notify the clerk
of the concerned superior court and the parties to the proceedings
below of the determination that probable cause does not exist for
appeal. (c) If the trial court finds in favor of the applicant, no
certificate of probable cause need be obtained by the respondent as
a condition precedent to appeal. A notice of appeal filed by the
respondent shall act as a supersedeas and shall stay the judgment of
the superior court until there is a final adjudication by the
Supreme Court. | 
