Opinion
Case Number: CCAD-2014-1
08-26-2014
IN RE OFFICIAL PUBLICATION OF DECISIONS OF THE OKLAHOMA COURT OF CRIMINAL APPEALS
ORDER DESIGNATING THE OFFICIAL REPORTER OF DECISIONS OF THE
OKLAHOMA COURT OF CRIMINAL APPEALS AND ADOPTING
REVISION IN AND REPUBLISHING PORTION OF THE
RULES OF THE COURT OF CRIMINAL APPEALS
¶1 The January 2, 1954, "Certificate" designating West Publishing Company, St. Paul, Minnesota, as the official reporter of decisions of the Oklahoma Court of Criminal Appeals is hereby revoked. Effective September 1, 2014, the Oklahoma Court of Criminal Appeals will become the official publisher of the decisions of this Court. The official version of published decisions of the Oklahoma Court of Criminal Appeals will be published on the Oklahoma State Courts Network (www.oscn.net). Such decisions will become "official" upon the placement of this Court's official seal of authentication at the beginning of the published decision.
¶2 Pursuant to this Order we hereby revise, adopt, promulgate and republish portions of the Rules of the Oklahoma Court of Criminal Appeals, 22 O.S.Supp.2014, Ch. 18 App. (2014), set forth as follows and set out in the attachment to this order:
SECTION III. PERFECTING AN APPEAL IN THE COURT OF CRIMINAL APPEALS; Rule 3.5 Briefs, Contents, Citation of Authorities; Rule 3.13 Opinions, Definition of Votes.
¶3 These revisions shall become effective on the date of this order.
¶4 IT IS SO ORDERED.
¶5 WITNESS OUR HANDS AND THE SEAL OF THIS COURT this 26th day of August, 2014.
/S/DAVID B. LEWIS, Presiding Judge
/S/CLANCY SMITH, Vice Presiding Judge
/S/GARY L. LUMPKIN, Judge, Concur in Results
/S/ARLENE JOHNSON, Judge
ATTEST:
/s/Michael S. Richie
Clerk
Rule 3.5 Briefs; Contents; Citation of Authorities
C. Argument and Citation of Authorities.
(1) Both parties shall also include a concise statement of the applicable standard of review in the discussion of each issue presented or in a separate heading placed before the discussion of the issue. The parties shall also provide a reference to the pages of the record filed and the authorities relied upon in support of each point raised.
(2) Citation to opinions of the Oklahoma Court of Criminal Appeals shall include citations to Pacific, Pacific 2nd, and Pacific 3rd Reporters. Citation to the Court's official paragraph citation form is allowed as a parallel cite, but not required citations to the Court's official paragraph citation form. The parallel cite to the relevant edition of the Pacific Reporter is also required. Effective January 1, 1998, September 1, 2014, citation to opinions of the Oklahoma Court of Criminal Appeals shall be as follows:
(a) Oklahoma Court of Criminal Appeals Opinions in which mandate has issued prior to January 1, 1954, shall include citations to the official paragraph citation form and to the Pacific and Pacific 2nd Reporters. Parallel citation to Oklahoma Criminal Reports is strongly encouraged. Examples of permissible citation form include:
(i) Hunter v. State, 1953 OK CR 155, 97 Okl.Cr. 402, 264 P.2d 997 (1953).
(ii) Hunter v. State, 1953 OK CR 155, 97 Okl.Cr. 402, 264 P.2d 997, 998 (1953).
(iii) Hunter v. State, 1953 OK CR 155, 97 Okl.Cr. 402, 403, 264 P.2d 997, 998 (1953).
(iv) Hunter v. State, 1953 OK CR 155, 264 P.2d 997 (Okl.Cr.1953).
(v) Hunter v. State, 1953 OK CR 155, 264 P.2d 997, 998 (Okl.Cr.1953).
(b) Oklahoma Court of Criminal Appeals Opinions in which mandate has issued after January 1, 1954, shall includecitation to the official paragraph citation form of the Oklahoma Court of Criminal Appeals and to the citations torelevant edition of the Pacific, Pacific 2nd, and Pacific 3rd Reporters. Parallel citation to the official paragraph citation form of the Oklahoma Court of Criminal Appeals is strongly encouraged. Examples of permissible citation form include:
(i) Burns v. State , 1955 OK CR 46, 282 P.2d 258.
(ii) Burns v. State, 1955 OK CR 46, 282 P.2d 258, 259.
(iii) Burns v. State, 1955 OK CR 46, ¶ 9, 282 P.2d 258, 259.
(iv) Burns v. State, 282 P.2d 258 (Okl.Cr.1955).
(v) Burns v. State, 282 P.2d 258, 259 (Okl.Cr.1955).
In "Burns v. State, 1955 OK CR 46, ¶ 9, 282 P.2d 258" - "1955" refers to the year the mandate issued, "OK CR" is the court designation for the Oklahoma Court of Criminal Appeals, "46" is the number of that 1955 opinion assigned by the Court, "¶ 9" is paragraph number 9 of the opinion as designated by the Court, and "282 P.2d 258" is the parallel citation to the Pacific 2nd reporter.
(c) An opinion cited subsequent to issuance of the mandate but prior to official publication shall include citation to the Oklahoma Bar Journal and the official paragraph citation form of the Oklahoma Court of Criminal Appeals. Parallel citation to the official paragraph citation form of the Oklahoma Court of Criminal Appeals is strongly encouraged.Examples of permissible citation form include:
(i) Robinson v. State, 1997 OK CR 24, 68 OBJ 1379 (1997).
(ii) Robinson v. State, 1997 OK CR 24, 68 OBJ 1379, 1381 (1997).
(iii) Robinson v. State, 1997 OK CR 24, ¶ 3, 68 OBJ 1379, 1381 (1997).
(iv) Robinson v. State, 68 OBJ 1379 (Okl.Cr.1997).
(v) Robinson v. State, 68 OBJ 1379, 1381 (Okl.Cr.1997).
(d) Opinions of the Oklahoma Court of Criminal Appeals issued for publication shall be published on the Court's World Wide Web site, www.occa.state.ok.us. Such opinions may not be cited as authority in a subsequent appellate opinion nor used as authority by a trial court until the mandate in the matter has issued. After the mandate has issued, the opinion as published on the Web site shall constitute the official paragraph citation form of the Oklahoma Court of Criminal Appeals. See Rule 1.0 (D) for citation to Rules.
(3) In all instances, an unpublished decision is not binding on this Court. However, parties may cite and bring to the Court's attention the unpublished decisions of this Court provided counsel states that no published case would serve as well the purpose for which counsel cites it, and provided further that counsel shall provide opposing counsel and the Court with a copy of the unpublished decision.
(4) Citation to opinions of the United States Supreme Court shall include each of the following: U.S., S.Ct., L.Ed. (year).
(5) Citation to Oklahoma Uniform Jury Instructions - Criminal (Second) shall be as follows: Instruction No. ____, OUJI-CR(2d); and citation to revised instructions shall be noted with the addition of (Supp. _____) (Year).
(6) Failure to present relevant authority in compliance with these requirements will result in the issue being forfeited on appeal. See Stafford v. State, 1990 OK CR 74, ¶ 12, 800 P.2d 738, 741 (Okl.Cr.1990); Walton v. State, 1987 OK CR 227, ¶ 10, 744 P.2d 977, 979 (Okl.Cr.1987); S.R.S. v. State, 1986 OK CR 168, ¶ 5, 728 P.2d 515, 518 (Okl.Cr.1986).
Rule 3.13 Opinions; Definition of Votes
A. Filing Opinions. Opinions may be by Summary Opinion form, memorandum or of such length and detail as the Court determines. See Sections 48 and 49 of Title 20; Johnson v. State, 1993 OK CR 11, 847 P.2d 810 (Okl.Cr.1993). All opinions delivered by the Court shall, immediately upon the delivery thereof, be handed to the Clerk to be recorded, and it shall be the duty of the Clerk to mail copies to all interested parties when recorded.
B. Effective September 1, 2014, the Oklahoma Court of Criminal Appeals will become the official publisher of decisions of the Oklahoma Court of Criminal Appeals. The Oklahoma State Courts Network at www.oscn.net shall be the repository of official versions of the published decisions of the Oklahoma Court of Criminal Appeals. Such decisions will become official, and may be used as authority, when the mandate in the matter has issued and/or upon placement of the Court's official seal at the beginning of the decision when filed with the Clerk of this Court.
B. C. Definitions of Votes.
(1) Concur.--The voting judge agrees with both the rationale and result reached in the opinion.
(2) Specially Concur.--The voting judge agrees with the rationale and result reached, but would like to add specific authority or explanation to the rationale used in the opinion.
(3) Concur in Results.--The voting judge agrees with the result reached in the majority opinion, but does not agree with the rationale used.
(4) Concur in Part and Dissent in Part.--The voting judge agrees with the rationale and/or the result of a particular issue(s) in the opinion, but disagrees with the rationale and/or the result of other issue(s).
(5) Not Participating.--The judge has not participated in the vote on the decision.
(6) Recused.--The judge has elected to disqualify himself/herself from participating in the vote or the case.
(7) Dissent.--The voting judge disagrees with the rationale and result reached in the majority opinion.