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  • A.

    Review by the Court of Criminal Appeals is discretionary and not a matter of right, and that the Court of Criminal Appeals may refuse to review the client’s case without providing any reason for doing so;

  • B.

    If the client is indigent, the client does not have the right to appointed counsel for the purpose of filing a petition for discretionary review but that, upon request, counsel may be appointed for this purpose; and

C. If the client is indigent and if the petition for discretionary review is granted, the client does have the right to court-appointed counsel for further proceedings on the merits before the Court of Criminal Appeals.

  • A.

    Counsel representing a client on a petition for discretionary review should be familiar with the procedures applicable to such a petition, including the rules specifying the time period for filing a petition; the organization of a petition; the page limits for a petition and the procedure for requesting an expansion of the petition for good cause; and appendices and copies required for filing a petition.

  • B.

    If an intermediate appellate court has issued a decision unfavorable to the client, counsel should consider whether it is appropriate to file a petition for discretionary review with the Court of Criminal Appeals.

  • C.

    The decision to file a petition for discretionary review should be made after considering the applicable law in light of the circumstances of each case and the reasons for granting review specified in the Rules of Appellate Procedure. Reasons for review that counsel should consider presenting in a petition for discretionary review include:

    • 1.

      Whether a court of appeals' decision conflicts with another court of appeals' decision on the same issue;

  • 2.

    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;

  • 3.

    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 United States Supreme Court;

  • 4.

    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;

  • 5.

    Whether the justices of a court of appeals have disagreed on a material question of law necessary to the court's decision; and

6. 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.

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