OCCAOnline Rules of the Court of Criminal Appeals


Rule 12.7 Disposition of Cases Assigned to Emergency Appellate Division

A. Each activated panel of the Emergency Appellate Division shall have the power to determine or otherwise dispose of any cases assigned to it by the Court of Criminal Appeals, and its decision in the case, when final, shall be neither appealable to the Court of Criminal Appeals nor be subject to re-examination by another panel of the Emergency Appellate Division except as provided by these rules.

B. A case assigned to a panel of the Emergency Appellate Division shall be disposed of within ninety (90) days from the date the Notice of Assignment is filed in the Court of Criminal Appeals or the case shall be returned to the Court of Criminal Appeals for further assignment and resolution.

C. A case assigned to a panel shall continue to bear the original caption and number given it in the Court of Criminal Appeals.

D. The panel of the Emergency Appellate Division shall hand down a written opinion which shall be as brief as practicable but which shall address every issue raised and necessary for final disposition of the appeal.

E. The case files assigned to a panel of the Emergency Appellate Division shall be returned to the Clerk of the Court of Criminal Appeals:

(1) Within ten (10) days following the date a petition for rehearing could have been filed if no petition for rehearing is filed; or,

(2) Within ten (10) days following the date the ruling on a petition for rehearing is filed.

F. In each panel of three judges, two judges shall constitute a quorum and the concurrence of two judges shall be necessary for a decision. Except as otherwise provided by these rules, the decisions of said panels shall constitute the final decisions of this Court.


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