The information on this webpage is designed to serve as a general summary. Please review the relevant Constitutional Provisions, Statutes, and Rules of the Court of Criminal Appeals before perfecting an appeal to the Court.
What types of orders and decisions can be appealed?
The Court of Criminal Appeals may review:
- Any judgment against a defendant, as a matter of right. 22 O.S. § 1051(a).
- Any decision or intermediate order of the trial court as the case is in progress. 22 O.S. § 1051(a).
- An appeal from a conviction following a plea of guilty, in the form of a Writ of Mandamus.
- For a Writ of Mandamus- “Petitioner has the burden of establishing (1) he has a clear legal right to the relief sought; (2) the respondent’s refusal to perform a plain legal duty not involving the exercise of discretion; and (3) the adequacy of mandamus and the inadequacy of other relief.” 10.6(B).
- A final judgment where the district court declared an act of the State Legislature to be unconstitutional. 22 O.S. 1053.1.
- Appeals by the State or Municipality. 22 O.S. § 1053. 2.1(D) and 6.1.
- Appeals involving the status of a juvenile offender. 7.1–7.7.
- Applications for Post-Conviction Relief. Rules 5.1–5.6.
- Applications for Expungement. 14.1–14.3.
- A District Court order concerning the final disposition of a prisoner’s petition for judicial review. 15.1–15.5.
- An application for a Writ of Habeas Corpus. The denial or excessive fixing of bail on appeal. 22 O.S. § 1079, 1151. Rules 10.1–10.6.
- Writs of Prohibition. 22 O.S. Rule X § 10.1. Rules 10.1–10.6.
How to start your appeal.
“An appeal is commenced by the trial counsel’s filing with the trial court a written notice of intent to appeal and a designation of record as prescribed in Rule 1.14(C) within ten (10) days from the date the Judgment and Sentence is imposed in open court.” “A certified copy of the Notice of Intent to Appeal and Designation of Record shall also be filed by trial counsel with the Clerk of this Court within ten (10) days from the date the Notice is filed in the trial court.” Rule 2.1(B).
After receiving the previous documents and the filing fee, the “Clerk of this Court shall then issue a Certificate of Appeal, containing the due date for the filing of the Petition in Error and the Original Record together with the Transcripts of the Trial Proceedings.” Rule 2.1(B).
Deadlines to start an appeal.
- The defendant must file with the trial court clerk a notice of intent to appeal and designation of record within ten (10) days from the date the Judgment and Sentence is imposed in open court. Rule 2.5(A).
- Filing of Appeal Recordsà The records for
appeals in all misdemeanor and felony cases must be filed with the Clerk of
this Court within ninety (90) days from the date the Judgment and Sentence is
imposed. 22 O.S. § 1054. Rules 2.1(C).
- Extensions may be granted according to Rule 3.2(C).
- See Rules 2 and 3 for more details concerning the record.
- The time requirements may be different for appeals concerning Juvenile (7.3(C)) and Capital (9.2(B)) cases.
- Appeals out of time. Rule 2.1(E).
Appeal costs and waivers.
There is a $50 filing fee. Rule 1.10 and Title 20, Section 38 of the Oklahoma Statutes Annotated.
If unable to pay, a defendant must file the trial court’s determination of indigency, an Affidavit in Forma Pauperis (Rule 1.11 and Form 13.2), or a Pauper’s Affidavit (Form 13.3)