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  • D.

    In preparing a petition for discretionary review, counsel should fully review the appellate opinion for all reviewable errors, prepare a well researched and drafted petition, file the petition in a timely manner and in accordance with all other requirements in the Rules of Appellate Procedure, and notify the court of counsel’s desire to present oral argument in the case, when appropriate.

  • E.

    Should the Court of Criminal Appeals grant review on one or more issues presented in the petition, counsel should notify the client and prepare and timely file a brief on the merits in support of the grant of review.

  • F.

    Counsel should be prepared to draft and timely file a reply brief in opposition to any brief filed by the prosecution.

  • G.

    Counsel should be prepared to draft and timely file a motion for rehearing should the Court of Criminal Appeals deny relief after granting a petition for discretionary review and reviewing the case on the merits. Counsel should be prepared to timely defend against the prosecution’s motion for rehearing should the court reverse the conviction.

H. If the Court of Criminal Appeals summarily denies a petition for discretionary review, counsel should be prepared to draft and timely file a motion for rehearing if, in conformance with Rule of Appellate Procedure 79.2, there are substantial intervening circumstances justifying further review.

  • A.

    In the event that the Court of Criminal Appeals either summarily denies a petition for discretionary review or denies relief after reviewing the client’s case on the merits, counsel should advise the client in writing by certified mail of the client's right to file a petition for certiorari before the United States Supreme Court and the action that must be taken to properly file such a petition. In advising the client of the right to file a petition for certiorari, counsel should explain that:

    • 1.

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

  • 2.

    If the client is indigent, client does not have the right to court-appointed counsel for the purpose of filing a petition for certiorari; and

  • 3.

    If the client is indigent and if the petition for certiorari is granted, the client may request the appointment of counsel for further proceedings on the merits before the United States Supreme Court.

  • B.

    Considerations relevant to filing a petition for certiorari may include but are not limited to:

    • 1.

      The Court of Criminal Appeals has decided an important federal question in a way that conflicts with the decision of another state court of last resort or federal court of appeals; or

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