Rule 3.6. Failure to Appeal or File Briefs; Duty of Counsel; Scope of Review
Oklahoma Statutes AnnotatedTitle 22. Criminal Procedure
T. 22, Ch. 18, App., Rule 3.6
Rule 3.6. Failure to Appeal or File Briefs; Duty of Counsel; Scope of Review
A. An appearance of record before this Court requires counsel to diligently proceed with the appeal including the filing of a brief, until and unless withdrawal as the attorney of record is granted by this Court. When the briefs are not filed, or when an appearance is not made, the appeal may be dismissed or submitted for review on the record as filed; PROVIDED HOWEVER, this Court, on its own motion, may summarily submit an appeal for decision prior to the expiration of time authorized for the submission of the briefs when, in the opinion of the Court, the appeal is frivolous. Prior to summary submission, this Court will notify the attorney of record for the appellant, and it is the attorney's duty to immediately notify the appellant in writing of the Court's proposed action. See also Rule 3.12.
B. Appellate counsel may file with this Court a brief stating there are no serious issues in appeal, provided the following guidelines are followed, See Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed. 2d 493 (1967); McCoy v. Court of Criminal Appeals of Wisconsin, 486 U.S. 429, 108 S.Ct. 1895, 100 L.Ed.2d 440 (1988).
(5) The motion to withdraw, with accompanying brief, must contain a statement of the facts, a description of the proceedings, and the citation of pertinent authorities sufficient to permit this Court to make a finding the appeal is frivolous. To assist this Court, a brief must be accompanied with either a transcript of proceedings, or a stipulation describing the trial proceedings pertinent to each alleged error. This brief must also certify counsel has met the requirements set forth below, and should adequately incorporate, any points the indigent client has raised with counsel. The Attorney General is not required to file a response brief, although a response brief may be filed upon proper motion and with permission of this Court.
In reviewing guidelines 7-9 above, this Court will grant counsel permission to withdraw and will affirm the conviction (rather than dismiss the appeal) in criminal appeals found to be wholly frivolous; however, if this Court is not unanimous in its decision to affirm, the appeal must be pursued on the merits. In such an event, this Court will either direct the moving counsel to submit a brief on the merits, or grant counsel leave to withdraw, whichever it deems appropriate in the circumstances of the individual case.
C. If an attorney for an indigent defendant fails to file a brief in accordance with these rules or Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), or if an attorney retained by a defendant fails to file a brief in accordance with these rules, this Court may summarily dismiss or submit the appeal for decision and notify the Oklahoma Bar Association of the attorney's delinquency.
Credits
Amended effective January 31, 2008. Corrected effective February 6, 2008; February 20, 2008.
Court of Criminal Appeals Rule 3.6, 22 O. S. A. Ch. 18, App., OK ST CR A CT Rule 3.6
Current with amendments received through April 15, 2024. Some rules may be more current, see credits for details.
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