Texas Code of Criminal Procedure - Article 44.45. Review By Court Of Criminal Appeals

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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.

Added by Acts 1981, 67th Leg., p. 819, ch. 291, Sec. 147, eff. Sept. 
1, 1981.  Sec. (d) added by Acts 1983, 68th Leg., p. 1103, ch. 249, 
Sec. 1, eff. Aug. 29, 1983.  Amended by Acts 1987, 70th Leg., ch. 
167, Sec. 5.02(3), eff. Sept. 1, 1987.

Last modified: August 10, 2007