Rule 66.2. Not a Matter of Right

(a) Discretionary review by the Court of Criminal Appeals is not a matter of right, but of the Court’s discretion. 66.3. Reasons for Granting Review While neither controlling nor fully measuring the Court of Criminal Appeals’ discretion, the following will be considered by the Court in deciding whether to grant discretionary review: whether a court of appeals’ decision conflicts with another court of appeals’ decision on the same issue;

(b) whether a court of appeals has decided an important question of state or federal law that has not been, but should be, settled by the Court of Criminal Appeals;

(c) whether a court of appeals has decided an important question of state or federal law in a way that conflicts with the applicable decisions of the Court of Criminal Appeals or the Supreme Court of the United States;

(d) whether a court of appeals has declared a statute, rule, regulation, or ordinance unconstitutional, or appears to have misconstrued a statute, rule, regulation, or ordinance;

(e) whether the justices of a court of appeals have disagreed on a material question of law necessary to the court’s decision; and

(f) whether a court of appeals 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’ power of supervision. 66.4. Documents to Aid Decision

(a) Acquiring Documents. The Court of Criminal Appeals — or any judge of the Court — may order the court of appeals clerk to promptly send the following items to the Court in order to aid it in deciding whether to grant discretionary review:

(1) the appellate record;

(2) a copy of the opinions of the court of appeals;

(3) a copy of the motions filed in the court of appeals; and

(4) certified copies of any judgment or order of the court of appeals.

(b) Return of Documents. If discretionary review is not granted, the clerk of the Court of Criminal Appeals will return the appellate record to the court of appeals clerk.

Committee Notes

Comment to 1997 change: This is former Rule 200. The former rule’s reference to motions for rehearing now appears in Rule 49.9. The rule is otherwise amended without substantive change. Rule 67. Discretionary Review Without Petition