§ 867. Review by the Oklahoma Court of Criminal Appeals
Oklahoma Statutes AnnotatedTitle 44. MilitiaEffective: April 13, 2021
Effective: April 13, 2021
44 Okl.St.Ann. § 867
§ 867. Review by the Oklahoma Court of Criminal Appeals
ARTICLE 67. Review by the Oklahoma Court of Criminal Appeals.
A. Powers as court of last resort. The Oklahoma Court of Criminal Appeals shall be the court of last resort for all general and special courts-martial convened by the state military forces. In reviewing petitions or appeals granted pursuant to this section, the Oklahoma Court of Criminal Appeals shall have and shall exercise all powers granted to the Court under the Oklahoma Statutes and the Oklahoma Constitution. The provisions of Title 22 of the Oklahoma Statutes establishing criminal procedure in the district courts of the state shall not apply to court-martial proceedings convened pursuant to this Code. Where provisions of Title 22 of the Oklahoma Statutes establishing appellate procedures in the Oklahoma Court of Criminal Appeals conflict with any appellate provisions within this Code, the conflicting provisions in Title 22 of the Oklahoma Statutes shall not apply to appellate proceedings arising from court-martial proceedings convened pursuant to this Code.
B. Petition for Review. Except as provided in subsection C of this section for appeals arising from a guilty plea, a decision of the Military Court of Appeals may be reviewed by the Oklahoma Court of Criminal Appeals upon the filing of an appeal in the form of a Petition for Review if a majority of judges on the Oklahoma Court of Criminal Appeals directs that such Petition for Review shall be granted. Decisions of the Military Court of Appeals shall be final unless a Petition for Review is granted by the Oklahoma Court of Criminal Appeals or a writ of certiorari is granted pursuant to subsection C of this section.
C. Appeals arising from guilty plea. All appeals taken from any conviction on a plea of guilty shall first be decided by the Military Court of Appeals. In the event the conviction arising from a plea of guilty is upheld by the Court of Military Appeals, an appeal may be taken by petition for writ of certiorari to the Oklahoma Court of Criminal Appeals, as provided in subsection D of this section; provided, such petition must be filed within ninety (90) days from the date of said conviction. The Oklahoma Court of Criminal Appeals may take jurisdiction of any case for the purpose of correcting the appeal records when the same do not disclose judgment and sentence; such jurisdiction shall be for the sole purpose of correcting such defect or defects.
D. Procedures established by court rules. The procedures for filing a Petition for Review or appeal made pursuant to subsection B or C of this section shall be as provided in the Rules of the Court of Criminal Appeals; and the Oklahoma Court of Criminal Appeals shall provide by court rules, which shall have the force of statute:
Credits
Laws 2019, c. 408, § 82, eff. Oct. 1, 2019; Laws 2021, c. 12, § 23, emerg. eff. April 13, 2021.
44 Okl. St. Ann. § 867, OK ST T. 44 § 867
Current with emergency effective legislation through Chapter 316 of the Second Regular Session of the 59th Legislature (2024). Some sections may be more current, see credits for details.
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