Rule 67.

1997 Rules of Appellate Procedure

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RULE 67. DISCRETIONARY REVIEW WITHOUT PETITION

67.1 Four Judges' Vote. By a vote of at least four judges, the Court of Criminal Appeals may — without a petition for discretionary review having been filed —grant review of a court of appeals' decision in a criminal case at any time before the mandate of the court of appeals issues. An order granting review will be filed with the clerk of the Court of Criminal Appeals, who must send a copy to the court of appeals clerk.

67.2 Order Staying Mandate. To provide enough time for the Court of Criminal Appeals to decide whether to grant discretionary review under 67.1, the Court — or any judge of the Court — may file with the clerk of the court of appeals an order staying the court of appeals' mandate. The order must be signed by a judge of the Court of Criminal Appeals. The clerk of the Court of Criminal Appeals must immediately send a copy of the order to the court of appeals clerk.

67.3 Time to Issue Mandate Extended. Unless otherwise limited in the order itself, an order staying the court of appeals' mandate under 67.2 will extend for an additional 45 days the time before issuance of the court of appeals' mandate. An order granting review prevents the issuance of the court of appeals' mandate pending the further order of the Court of Criminal Appeals. If four judges do not agree to grant review within that time the court of appeals clerk must issue the mandate.

Notes and Comments
Comment to 1997 change: This is former Rule 201. The rule is amended without substantive change.

Last modified: November 08, 2001