Rule 12.12 Publication and Citation

A. Only upon approval of a majority of the judges of the Court of Criminal Appeals shall an opinion by a panel in the Emergency Appellate Division be published.

B. No opinion of the Emergency Appellate Division shall be binding or cited as precedent unless it has been approved by the Court of Criminal Appeals for publication in the official reporter.

C. An opinion by the Emergency Appellate Division may be published only if, in the judgment of a majority of the judges of the Court of Criminal Appeals, the decision is one that:

(1) Establishes a new rule of law, alters or modifies an existing rule, or applies an existing rule to a novel fact situation likely to recur in future cases;

(2) Involves a legal issue of continuing public interest; or

(3) Resolves an apparent conflict of authority.