OCCAOnline Rules of the Court of Criminal Appeals

(Updated 5/21/2003 in accordance with 2003 OK CR 9)

Rule 3.15 Mandate; Stay; Further Petition for Rehearing

A. Issuance of Mandate. After the expiration of twenty (20) days from the filing of a decision in any appeal filed with this Court, the Clerk shall issue a mandate to the court in which the Judgment and Sentence was rendered in accordance with the decision of this Court. This procedure shall not apply to original proceedings for extraordinary writs brought under Section X, of these Rules. PROVIDED HOWEVER, nothing in these Rules shall prohibit this Court from directing issuance of the mandate forthwith upon the filing of the decision with the Clerk of this Court. The Court's action shall be without prejudice to the filing of a petition for rehearing as set out in Rule 3.14.

B. Mandate Stayed. If a petition for a rehearing is timely filed after the filing of a decision, the mandate shall not issue until the disposition of the petition for rehearing, unless the mandate was issued at the time of the filing of the decision, in which case the mandate may be withdrawn pending the resolution of the rehearing. After the ruling on the petition for rehearing, the mandate shall be issued forthwith. Provided, further, that in the event the petition for rehearing is granted and the decision originally rendered withdrawn, the aggrieved party shall have fifteen (15) days within which to file a petition for rehearing, but in no event shall either party be entitled to more than one (1) petition for rehearing. When the petition for rehearing has been decided, the mandate shall issue forthwith. The mandate shall not be recalled, nor stayed pending an appeal to any other court, nor shall bail be allowed by this Court pending appeal from a final decision of this Court, unless a majority of the Court, for good cause shown, recalls or stays the mandate.

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