Everyone convicted of a crime in Oklahoma has the statutory right to an appeal. If the appellate court decides to grant the appeal, it may choose to reverse the trial court’s decision, in whole or in part.
When Does a Reversal Occur in Oklahoma?
A reversal occurs when an appellate court rules that the lower court’s ruling was incorrect and and reverses the judgment. When this happens, the lower court is ordered to either dismiss the case, modify its judgment or retry the case entirely.
What is Required for the Appellate Court to Reverse a Lower Court’s Ruling?
A reversal may be granted for any of the following reasons:
- Legal or procedural errors
- Jury misconduct
- Prosecutorial misconduct
- Ineffective assistance of counsel
- New evidence
For example, an appellate court may find that a trial court must change its ruling because the state prosecutor withheld vital evidence. The appellate court may then order the trial court to reverse its guilty verdict, or retry the case with new instructions to avoid the errors made in the original trial.
What Happens When the Appellate Court Reverses a Lower Court’s Ruling?
A judgment is usually reversed entirely, and the case is sent back to the trial court for the judgment to be modified, or for the case to be dismissed or retried. In some cases, however, the appellate court may only partially reverse the trial court’s judgment. For example, the appellate court may uphold the conviction, but find that there was an error made in how the defendant was sentenced. In this instance, the conviction will be confirmed and the case will be sent back to the trial court for re-sentencing only.
Confidential Consultation: Tulsa, Oklahoma Appellate Lawyer
When you’ve been convicted of a crime in Tulsa or any surrounding Oklahoma county, it’s time to retain an Oklahoma appellate attorney who will help you exercise your right to appeal your conviction. Contact your defense team at Tulsa Criminal Defense Law Firm today for a free, confidential consultation.
A Tulsa, Oklahoma appellate lawyer can advise you on how the appeal process works and offer answers to your specific questions. To begin your free consultation, call now: (918) 256-3400. Or, if you prefer an Oklahoma appellate lawyer on our team to call you or reach you by email, click here to ask your questions via the easy to fill-out online consultation request form.