(a) Criminal Cases. Opinions and memorandum opinions not designated for publication by the court of appeals under these or prior rules have no precedential value but may be cited with the notation, “(not designated for publication).”
(b) Civil Cases. Opinions and memorandum opinions designated “do not publish” under these rules by the courts of appeals prior to January 1, 2003 have no precedential value but may be cited with the notation, “(not designated for publication).” If an opinion or memorandum opinion issued on or after that date is erroneously designated “do not publish,” the erroneous designation will not affect the precedential value of the decision.