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Rule 20: Judgment or Action of Trial Court Affirmed by Order

Rule 20. Memorandum Opinion.

The Court, with the concurrence of all judges participating in the case, when an opinion would have no precedential value, may affirm the judgment or action of the trial court by memorandum opinion rather than by formal opinion, when:

(1)

(a) The judgment is rendered or the action is taken in a proceeding before the trial judge without a jury, and such judgment or action is not a determination of guilt, and the evidence does not preponderate against the finding of the trial judge, or
(b) The judgment rendered or action taken relates to a finding of guilt before the trial judge without a jury, or with a jury, and the evidence is sufficient to support the finding by the trier of fact of guilt beyond a reasonable doubt, and

(2) No error of law requiring a reversal of the judgment or action is apparent on the record. The opinion in such case shall be designated "MEMORANDUM OPINION," shall not be published, and shall not be cited or relied on in any unrelated case unless to establish a split of authority.

[As adopted by order filed December 15, 2003.]

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