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Rule 12.10 Petition for Review

A. The Court of Criminal Appeals may review a decision of a panel of the Emergency Appellate Division in a criminal case upon petition for review by the appellant, the State, or upon its own motion. Review is a matter of sound judicial discretion, not a matter of right, and will be granted only for special and important reasons and when a majority of the judges direct that the petition for review be granted.

B. In determining whether to grant or deny review, the following, while neither controlling nor fully measuring the Court of Criminal Appeals' discretion, indicates the character of reasons that will be considered:

(1) Where a panel of the Emergency Appellate Division has decided an issue of first impression which has not been, but should be, settled by the Court of Criminal Appeals;

(2) Where a panel of the Emergency Appellate Division has decided an important question of state or federal law in conflict with the applicable decisions of the Court of Criminal Appeals or the Supreme Court of the United States;

(3) Where a panel of the Emergency Appellate Division has declared unconstitutional or appears to have misconstrued a statute, rule, regulation, or ordinance;

(4) Where the judges of the panel of the Emergency Appellate Division have disagreed upon a material question of law necessary to its decision; and

(5) Where a panel of the Emergency Appellate Division has so far departed from the accepted and usual course of judicial proceedings, or so far sanctioned such a departure by a lower court, as to call for an exercise of the Court of Criminal Appeals' supervisory power.

C. A party may file a petition for review without having first sought rehearing in the Emergency Appellate Division.

D. The petition for review shall be filed with the Clerk of the Court of Criminal Appeals within twenty (20) days after the date the original opinion by the panel is filed or within twenty (20) days after the date the ruling on the petition for rehearing is filed.

E. A petition for review shall be by petition only and shall be as brief as possible. It shall be addressed "IN THE COURT OF CRIMINAL APPEALS FOR THE STATE OF OKLAHOMA" and shall state the name of the party or parties applying for review. The format of the petition for review shall be as follows:

(1) Statement of the Case and Procedural History. The petition shall contain a brief general statement of the nature of the case (Trial Court History; Court; County; Case No.; Judge; Sentence; Post-Trial Motions; Disposition of Post-Trial Motions; Disposition in Trial Court). Such statement should seldom exceed one-half page. The details of the case should be reserved to be stated in connection with the grounds or questions to which they are pertinent. The petition should state the dates of the delivery of any opinion or order of the panel of the Emergency Appellate Division, the dates of the filing of any motion for rehearing or a statement that none was filed, and the dates of the overruling or other disposition of any motion for rehearing.

(2) Grounds for Review. The grounds upon which the petition is predicated shall be stated in short form without argument and the grounds shall be separately numbered. In lieu of grounds for review, the petition may contain the questions presented for review, expressed in the terms and circumstances of the case but without unnecessary detail. The statement of the questions should be short and concise and should not be argumentative or repetitious.

(3) Reasons for Review. A direct and concise argument, with supporting authorities, shall amplify the reasons relied on for the granting of review. See Rule 12.10(B). The opinions of the panel of the Emergency Appellate Division will be considered with the petition, and statements therein, if accepted by counsel as correct, need not be repeated.

(4) Prayer for Relief. The petition should clearly state the nature of the relief sought.

(5) Appendix. A copy of the decision of the Emergency Appellate Division, together with any order granting or denying rehearing, shall be attached to the petition for review as an appendix.

F. The Court may strike, order redrawn or summarily refuse any petition for review that is unnecessarily lengthy or is not prepared in conformity with these rules. The failure to present with accuracy, brevity and clarity matters essential to a ready and adequate understanding of the points requiring consideration will also be sufficient reason for denying a petition for review.

G. The petition for review shall be typewritten and shall be double-spaced on 8-1/2 x 11-inch paper. No petition for review shall exceed in length ten (10) pages, exclusive of the opinion of the Emergency Appellate Division and any order granting or denying rehearing. One original and seven (7) clearly legible copies of the petition for review shall be filed.

H. No separate brief in support of the petition will be reviewed and the Clerk shall refuse to file any petition for review to which is annexed or appended any supporting brief.

I. When a petition for review is filed in the Court of Criminal Appeals, the petitioner shall, at the same time, cause copies of the petition to be delivered to the attorney of record for the opposing party. True copies of all filings delivered to the Clerk of the Court of Criminal Appeals shall be served on the opposing counsel.

J. No response to a petition for review shall be filed unless requested by the Court of Criminal Appeals.

K. The petition for review shall not reach the merits of the appeal but rather pertain to reasons the Court of Criminal Appeals should review the decision of the Emergency Appellate Division.

L. A petition for review will be deemed timely if filed with the Clerk of the Court of Criminal Appeals:

(1) Within twenty (20) days of the date the opinion was filed by the panel of the Emergency Appellate Division when no party seeks rehearing in the Emergency Appellate Division; or

(2) Within twenty (20) days of the date the order ruling on rehearing was filed by the panel of the Emergency Appellate Division when a party has sought rehearing.

M. The time to file a petition for review shall not be extended.

N. When a petition to review a decision of the Emergency Appellate Division is granted, an order shall be entered to that effect. The Court of Criminal Appeals will then determine the scope of review. A petition for rehearing is not allowed upon the Court's ruling on the petition for review and the mandate shall issue with the Court's Order.

O. When a petition for review is denied, an order shall be entered to that effect and the mandate shall issue. If the petition for review is denied, no petition for rehearing may be filed in the Court of Criminal Appeals.


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