Rule 12.10. Petition for Review
Oklahoma Statutes AnnotatedTitle 22. Criminal Procedure
T. 22, Ch. 18, App., Rule 12.10
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.
(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.
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- ½ 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.
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.
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.
Court of Criminal Appeals Rule 12.10, 22 O. S. A. Ch. 18, App., OK ST CR A CT Rule 12.10
Current with amendments received through April 15, 2024. Some rules may be more current, see credits for details.
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