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Rule 15.1. Purpose and Procedural Format

Oklahoma Statutes AnnotatedTitle 22. Criminal Procedure

Oklahoma Statutes Annotated
Title 22. Criminal Procedure (Refs & Annos)
Chapter 18.--Appendix. Rules of the Court of Criminal Appeals
Section XV. Procedures for Appealing District Court Order Reviewing Prison Disciplinary Proceedings that Revoked Earned Credits
T. 22, Ch. 18, App., Rule 15.1
Rule 15.1. Purpose and Procedural Format
(A) Purpose of Appellate Procedure. These procedures are to provide the manner of appeal from an order entered by a district court that makes final disposition of a prisoner's petition for judicial review filed under Section 564.1 of Title 57.
(B) Format of the District Court Proceedings. As Oklahoma County is the official residence of the Oklahoma Department of Corrections, prisoners must file their petitions for judicial review in the District Court of Oklahoma County. 57 O.S. 564.1(A). Within the district court, the prisoner is designated “Petitioner” and the Department of Corrections is designated “Respondent.” 57 O.S. 564.1(A)(1) & (2). (See Rule 15.3(B) for the designation of parties on appeal.) Petitions for judicial review under Section 564.1 of Title 57 may be filed only in instances where a prison disciplinary action has resulted in a revocation of earned credits without due process, and the prisoner has exhausted administrative remedies. When a petition has been properly filed, the district court shall determine whether the applicable level of due process was provided by the revoking authority, and if not, it must require the Oklahoma Department of Corrections to provide such due process.

Credits

Adopted effective January 31, 2008. Corrected effective February 6, 2008; February 20, 2008.
Court of Criminal Appeals Rule 15.1, 22 O. S. A. Ch. 18, App., OK ST CR A CT Rule 15.1
Current with amendments received through April 15, 2024. Some rules may be more current, see credits for details.
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