§ 44.45 — REVIEW BY COURT OF CRIMINAL APPEALS.

Texas § 44.45

• Jurisdiction: Texas
• Code CR: Code of Criminal Procedure

Text

By order of the Texas Court of Criminal Appeals dated December 18, 1985, effective September 1, 1986, adopting the Texas Rules of Appellate Procedure, pursuant to Section 4, Chapter 685 (H.B. 13), Acts of the 69th Legislature, Regular Session, 1985, the second sentence of Subsection (a), Subsections (b)(1)-(7), and Subsection (d) of this article were repealed.
Art. 44.45. REVIEW BY COURT OF CRIMINAL APPEALS. (a) The Court of Criminal Appeals may review decisions of the court of appeals on its own motion. An order for review must be filed before the decision of the court of appeals becomes final as determined by Article 42.045.
(b) The Court of Criminal Appeals may review decisions of the court of appeals upon a petition for review.
(1) The state or a defendant in a case may petition the Court of Criminal Appeals for review of the decision of a court of appeals in that case.
(2) The petition shall be filed with the clerk of the court of appeals which rendered the decision within 30 days after the final ruling of the court of appeals.
(3) The petition for review shall be addressed to "The Court of Criminal Appeals of Texas," and shall state the name of the petitioning party and shall include a statement of the case and authorities and arguments in support of each ground for review.
(4) Upon filing a petition for review, the petitioning party shall cause a true copy to be delivered to the attorney representing the opposing party. The opposing party may file a reply to the petition with the Court of Criminal Appeals within 30 days after receipt of the petition from the petitioning party.
(5) Within 15 days after the filing of a petition for review, the clerk of the court of appeals shall note the filing on the record and forward the petition together with the original record and the opinion of the court of appeals to the Court of Criminal Appeals.
(6) The Court of Criminal Appeals shall either grant the petition and review the case or refuse the petition.
(7) Subsequent to granting the petition for review, the Court of Criminal Appeals may reconsider, set aside the order granting the petition, and refuse the petition as though the petition had never been granted.
(c) The Court of Criminal Appeals may promulgate rules pursuant to this article.
(d) Extensions of time for meeting the limits prescribed in Subdivisions (2) and (4) of Subsection (b) of this article may be granted by the Court of Criminal Appeals or a judge thereof for good cause shown on timely application to the Court of Criminal Appeals.

Legislative History

Added by Acts 1981, 67th Leg., Ch. 291 (S.B. 265), Sec. 147, eff. September 1, 1981. Amended by Acts 1983, 68th Leg., Ch. 249 (S.B. 613), Sec. 1, eff. August 29, 1983; Acts 1987, 70th Leg., Ch. 167 (S.B. 892), Sec. 5.02(3), eff. September 1, 1987.