Rule 78.

1997 Rules of Appellate Procedure

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RULE 78. JUDGMENTS IN THE COURT OF CRIMINAL APPEALS

78.1 Types of Judgment. The Court of Criminal Appeals may:

(a) affirm the lower court’s judgment in whole or in part;

(b) modify the lower court’s judgment and affirm it as modified;

(c) reverse the court’s judgment in whole or in part and render the judgment that the lower court should have rendered;

(d) reverse the lower court’s judgment and remand the case for further proceedings;

(e) vacate the judgments of the lower courts and dismiss the case;

(f) vacate the lower court’s judgment and remand the case for further proceedings in light of changes in the law; or

(g) dismiss the appeal.

78.2 Remand in the Interests of Justice. When reversing the court of appeals' judgment, the Court of Criminal Appeals may, in the interests of justice, remand the case to the trial court even if a rendition of judgment is otherwise appropriate.

78.3 Other Orders. The Court of Criminal Appeals may make any other appropriate order required by the law and the nature of the case.

Notes and Comments
Comment to 1997 change: The rule is new.

Last modified: March 25, 2010