Opinions

77.1. Generally In each case that is argued or submitted without argument to the Court of Criminal Appeals, the Court will hand down a written opinion setting forth the reasons for its decision and any germane precedent. Any judge may file an opinion dissenting from or concurring in the Court's judgment. 77.2. Signing; Publication A majority of the judges will determine whether an opinion will be signed by a judge or issued per curiam, and whether the opinion (or a portion of the opinion) will be published. The Court of Criminal Appeals may: (a) affirm the lower court’s judgment in whole or in part; (b) modify the lower court’s judgment and affirm it as modified; (c) reverse the court’s judgment in whole or in part and render the judgment that the lower court should have rendered; (d) reverse the lower court’s judgment and remand the case for further proceedings; (e) vacate the judgments of the lower courts and dismiss the case; (f) vacate the lower court’s judgment and remand the case for further proceedings in light of changes in the law; or (g) dismiss the appeal. 97 78.2. Remand in the Interests of Justice When reversing the court of appeals' judgment, the Court of Criminal Appeals may, in the interests of justice, remand the case to the trial court even if a rendition of judgment is otherwise appropriate. 78.3. Other Orders Comment to 2011 change: Rule 79.2(c) is amended so that it applies only to petitions for discretionary review that are refused. Additionally, the certification requirement is changed to encompass a broader basis for rehearing. 79.3. Amendments The Court of Criminal Appeals may make any other appropriate order required by the law and the nature of the case. A motion for rehearing may be amended anytime before the period allowed for filing the motion expires, and with leave of the court, anytime before the Court decides the motion. Notes and Comments 79.4. Decision Comment to 1997 change: The rule is new.