Rule 4.3. Time for Lodging Appeal; Record of Proceedings; Contents of Petition in Error; Briefs...
Oklahoma Statutes AnnotatedTitle 22. Criminal Procedure
T. 22, Ch. 18, App., Rule 4.3
Rule 4.3. Time for Lodging Appeal; Record of Proceedings; Contents of Petition in Error; Briefs.
A. In order to perfect a certiorari appeal in convictions where the death penalty is not imposed, the petitioner must ensure the following record on appeal is completed in accordance with Rules 2.2, 2.3 and 2.4 and filed with the Clerk of this Court within ninety (90) days from the date the trial court ruled on the application to withdraw the plea. The filing of the petition for writ of certiorari is jurisdictional and failure to timely file constitutes waiver of right to appeal. In convictions where the death penalty is imposed, the petitioner must file the following items within six (6) months from the date the trial court ruled on the application to withdraw the plea in accordance with Rules 9.1, 9.2 and 9.3.
(3) The original and one (1) copy of the transcript of the proceedings in which the plea of guilty or nolo contendere was taken (not applicable if a court reporter was waived as set forth in Form 13.10), and the evidentiary hearing on the application to withdraw plea. In capital cases, petitioner shall ensure that the original and three (3) copies of the transcript of proceedings are filed and sent to the appropriate parties. See Section 1089(B) of Title 22, Rule 3.2(C).
The above items shall be filed in accordance with Rules 2.2, 2.3, and 2.4.
E. Answer Brief. This Court may then direct either the district attorney, municipal attorney or the Attorney General to file an answer brief, if necessary. While not required to respond unless directed by the Court, the district attorney, municipal attorney or the Attorney General may file an answer brief to the petition and brief on their own motion within thirty (30) days from the filing of the petitioner's brief. PROVIDED HOWEVER, in instances where a sentence of death has been imposed upon a petitioner, the Attorney General shall respond within sixty (60) days from the filing of the petitioner's brief.
Credits
Amended effective March 13, 1997. Amended December 10, 1997, effective January 1, 1998. Amended January 15, 1998, effective retroactively January 1, 1998. Amended effective May 21, 2003; January 31, 2008. Amended effective February 6, 2008; February 20, 2008.
Court of Criminal Appeals Rule 4.3, 22 O. S. A. Ch. 18, App., OK ST CR A CT Rule 4.3
Current with amendments received through April 15, 2024. Some rules may be more current, see credits for details.
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