§ 862. Appeal by the State of Oklahoma
Oklahoma Statutes AnnotatedTitle 44. MilitiaEffective: October 1, 2019
Effective: October 1, 2019
44 Okl.St.Ann. § 862
§ 862. Appeal by the State of Oklahoma
ARTICLE 62. Appeal by the State of Oklahoma.
2. a. An appeal of an order or ruling may not be taken unless the trial counsel provides the military judge with written notice of appeal from the order or ruling within seventy-two (72) hours of the order or ruling. Such notice shall include a certification by the trial counsel that the appeal is not taken for the purpose of delay and (if the order or ruling appealed is one which excludes evidence) that the evidence excluded is substantial proof of a fact material in the proceeding.
B. An appeal under this section shall be forwarded by a means prescribed under regulations of the Adjutant General directly to the Military Court of Appeals and shall, whenever practicable, have priority over all other proceedings before that court. In ruling on an appeal under this section, the Military Court of Appeals may act only with respect to matters of law.
C. Any period of delay resulting from an appeal under this section shall be excluded in deciding any issue regarding denial of a speedy trial unless an appropriate authority determines that the appeal was filed solely for the purpose of delay with the knowledge that it was totally frivolous and without merit.
Credits
Laws 2019, c. 408, § 77, eff. Oct. 1, 2019.
44 Okl. St. Ann. § 862, OK ST T. 44 § 862
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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