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Rule 3.17. Motion to Abate Appeal

Oklahoma Statutes AnnotatedTitle 22. Criminal ProcedureEffective: May 21, 2020

Oklahoma Statutes Annotated
Title 22. Criminal Procedure (Refs & Annos)
Chapter 18.--Appendix. Rules of the Court of Criminal Appeals
Section III. Perfecting an Appeal in the Court of Criminal Appeals
Effective: May 21, 2020
T. 22, Ch. 18, App., Rule 3.17
Rule 3.17. Motion to Abate Appeal
Currentness
A. Procedure. If a defendant dies while his or her appeal is pending before this Court, the personal representative of the deceased defendant's estate may petition this Court to finalize the appeal. See Majors v. State, 2020 OK CR 5, ___ P.3d ___.
1. Petition of Personal Representative. Upon the filing of a motion to abate a pending appeal, this Court shall issue an order allowing the personal representative thirty (30) days to petition this Court. The petition must show good cause as to why the pending appeal should proceed.
2. Dismissal. If no petition is filed within thirty (30) days of this Court's order, or the petition does not establish good cause, the appeal will be dismissed.
a. If the appeal is dismissed, the trial court shall make note in the district court file that the defendant's conviction removed his presumption of innocence. The notation shall further state that the conviction was appealed, but was neither affirmed or reversed because the defendant died while the appeal was pending.

Credits

Adopted effective May 21, 2020.
Court of Criminal Appeals Rule 3.17, 22 O. S. A. Ch. 18, App., OK ST CR A CT Rule 3.17
Current with amendments received through April 15, 2024. Some rules may be more current, see credits for details.
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