Unfortunately, our criminal justice system is not perfect. Sometimes, people are found guilty of crimes they did not commit. Fortunately, the Oklahoma appeals process provides a mechanism for those who are wrongfully convicted to find justice.
An appeal is a request made by a defendant who has been convicted by a judge or jury in a lower court to have that court’s decision reviewed and changed by a higher court.
Making an Appeal in Oklahoma
Everyone convicted of crime in Oklahoma has the statutory right to an appeal through the Oklahoma appeals process. To quality for an appeal in the Oklahoma appeals process, an individual’s case must meet one or more of the following grounds for an appeal in the state of Oklahoma:
- Legal or procedural errors
- Jury misconduct
- Prosecutorial misconduct
- Ineffective assistance of counsel
- New evidence
In the Oklahoma appeals process, criminal appeals are made to the Oklahoma Court of Criminal Appeals, which is the state court of last resort in criminal matters. That means the Oklahoma Court of Criminal Appeals is usually as far as an appeal can go.
The Oklahoma Supreme Court hears appeals in civil cases, and resolves jurisdictional disputes between the two courts. In some very unusual circumstances, issues affecting a criminal proceeding might be appealed to the Oklahoma Supreme Court. On a few occasions, the two courts have disagreed about which court has jurisdiction – including in a death penalty case.
Those convicted of a federal crime in the state of Oklahoma can make their appeal to the U.S. Court of Appeals for the Tenth Circuit. In very limited circumstances, a defendant may appeal a decision of Oklahoma courts to the 10th Circuit.
The Oklahoma Appeals Process
The Oklahoma appeals process is as follows:
- After a final judgment or order has been rendered by the trial court, you and your attorney must first determine that there were errors made during the trial that constitute grounds for an appeal.
- Your attorney must then initiate an appeal by filing a Notice of Intent to Appeal and a Designation of Record with the Court of Criminal Appeals within 10 days of your sentencing in the lower court.
- In addition, a Petition of Error must be filed within 90 days of the formal sentencing.
- Once the appeal has been recorded with the Court of Criminal Appeals, the court will issue a Notice to Transmit the Record.
- An Appellant’s Brief, detailing the alleged errors made by the trial court, must then be filed with the Court of Criminal Appeals within 60 days after the Notice to Transmit the Record is filed.
- The Court of Criminal Appeals will then respond within 60 days with an Answer Brief outlining any issues it has with the Appellant’s Brief.
- The defendant may then file a reply responding to any issues raised in the Answer Brief.
- The court will then review the record and all briefs exchanged between the defendant and the court (which can take up to 6 months) and render its decision on the case.
- If the Court of Criminal Appeals decides to grant the appeal, it may choose to reverse the trial court’s decision, in whole or in part.
The entire Oklahoma appeals process, from the original trial court’s decision to the appellate court’s decision, typically lasts 10 -18 months; and it may result in a reversal, modification or affirmation of the trial court’s ruling or sentencing. The Court of Criminal Appeals may also order that a new trial or sentencing take place, with new instructions to the trial court to avoid the errors made in the original case.
If the Court of Criminal Appeals decides not to overturn the trial court’s ruling, you can explore other options for appeal, such as petitioning the Federal Court or applying for Post-Conviction Relief with a Writ of Habeas Corpus.
Confidential Consultation: Tulsa Oklahoma Appellate Lawyer
The Oklahoma appeals process is a complex process, and there are many rules and procedures that must be strictly followed when filing for an appeal. You will, therefore, need an Oklahoma appellate attorney who is well-versed with the requirements for filing a successful appeal in Oklahoma.
The Tulsa Criminal Defense Law Firm can advise you how the Oklahoma appeals process works and offer answers to your specific questions. To begin your free consultation, call now: (918) 256-3400. Or if you prefer a Tulsa 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.