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§ 870. Appellate counsel

Oklahoma Statutes AnnotatedTitle 44. MilitiaEffective: October 1, 2019

Oklahoma Statutes Annotated
Title 44. Militia
Chapter 6A. Oklahoma Uniform Code of Military Justice
Part IX. Posttrial Procedure and Review of Courts-Martial
Effective: October 1, 2019
44 Okl.St.Ann. § 870
§ 870. Appellate counsel
Currentness
ARTICLE 70. Appellate counsel.
A. The State Judge Advocate shall detail in his or her office one or more commissioned officers as appellate government counsel, and one or more commissioned officers as appellate defense counsel, who are qualified under paragraph 1 of subsection B of Section 827 of this title (Article 27, subsection B, paragraph 1).
B. Appellate government counsel shall represent the State of Oklahoma before the Military Court of Appeals or the Court of Criminal Appeals when directed to do so by the State Judge Advocate.
C. Appellate defense counsel shall represent the accused before the Military Court of Appeals, or the Court of Criminal Appeals:
1. When requested by the accused;
2. When the State of Oklahoma is represented by counsel; or
3. When the State Judge Advocate has sent the case to the Military Court of Appeals.
D. The accused has the right to be represented before the Military Court of Appeals, or the Court of Criminal Appeals by civilian counsel if provided by him or her.
E. Military appellate counsel shall also perform such other functions in connection with the review of court-martial cases as the State Judge Advocate directs.
F. As provided in regulations promulgated by the Adjutant General, if needed, the State Judge Advocate may employ civilian appellate counsel for the government and for the defense.

Credits

Laws 2019, c. 408, § 86, eff. Oct. 1, 2019.
44 Okl. St. Ann. § 870, OK ST T. 44 § 870
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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