Title 22, Title 22 — Criminal Procedure

This chapter shall be known as the code of criminal procedure of the State of Oklahoma. R.L.1910, § 5535.

The proceeding by which a party charged with a public offense is accused and brought to trial and punishment, is known as a criminal action. R.L.1910, § 5544.

When judgment of death is rendered, the judge must sign and deliver to the sheriff of the county a warrant duly attested by the clerk, under the seal of the court, stating the conviction and judgment and appointing a day on which the judgment is to be executed, which must be not …

A. The execution of the judgment in cases where sentence of death is imposed shall be ordered by the Court of Criminal Appeals to be carried out thirty (30) days after the defendant fails to meet any of the following time conditions: 1. If a defendant does not file a petition for…

The judge of a court at which a conviction requiring a judgment of death is had, must, immediately after the conviction, transmit to the Governor, by mail or otherwise, a statement of the conviction and judgment, and of the testimony given at the trial. R.L.1910, § 5968.

The governor may thereupon require the opinion of the judges of the criminal court of appeals, or any of them, upon the statement so furnished. R.L.1910, § 5969.

officers. No judge, court or officer, other than the Governor, can reprieve or suspend the execution of the judgment of death, except the warden of the said state prison, to whom he is delivered for execution in the cases provided in the next seven sections, unless an appeal is t…

- Examination. A. For purposes of this act, "mentally incompetent to be executed" means that because of a mental condition the person is presently unable to have a rational understanding: 1. Of the reason he or she is being executed; and 2. That he or she is to be executed and th…

Where any number of persons, whether armed or not, are unlawfully or riotously assembled, the sheriff and his deputies, the officials governing the city or town, or the justices of the peace and marshals and constables and police thereof, or any of them, must go among the persons…

If it is a alleged that a female prisoner under judgment of death is pregnant, the warden must notify the district attorney of the county in which the prison is situated whose duty is to immediately file with the district court a petition stating such allegation. A hearing must b…

pregnant - Execution when pregnancy ceases. If it is found that a female is not pregnant the warden must execute the judgment. If it is found that she is pregnant, the warden must suspend the execution of the judgment and transmit a certified copy of the findings and certificate …

A. The punishment of death shall be carried out by the administration of a lethal quantity of a drug or drugs until death is pronounced by a licensed physician according to accepted standards of medical practice. For purposes of this subsection, the Uniform Controlled Dangerous S…

A. A judgment of death shall be executed at the Oklahoma State Penitentiary at McAlester, Oklahoma, such prison to be designated by the court by which judgment is to be rendered. B. The judgment of execution shall take place under the authority of the Director of the Department o…

After the execution, the warden must make a report upon the death warrant to the court by which the judgment was rendered, showing the time, mode and manner in which it was executed. R.L.1910, § 5984. Amended by Laws 1913, c. 113, p. 210, § 10.

of others. If the persons assembled do not immediately disperse, the magistrates and officers must arrest them or cause them to be arrested, that they may be punished according to law, and for that purpose may command the aid of all persons present or within the county. R.L.1910,…

If a person so commanded to aid the magistrates or officers neglect to do so he is deemed one of the rioters and is punishable accordingly. R.L.1910, § 5587.

misdemeanor. If a magistrate or officer having notice of an unlawful or riotous assembly mentioned in Section 5585 neglect to proceed to the place of the assembly, or as near thereto as he can with safety, and to exercise the authority with which he is invested for suppressing th…

Commanding aid. If the persons assembled and commanded to disperse do not immediately disperse, any two of the magistrates or officers mentioned in Section 5585, may command the aid of a sufficient number of persons, and may proceed in such manner as in their judgment is necessar…

Procedure - Scope of review on certiorari. A. An appeal to the Court of Criminal Appeals may be taken by the defendant, as a matter of right from any judgment against the defendant, which shall be taken as herein provided; and, upon the appeal, any decision of the court or interm…

An appeal from a judgment in a criminal action may be taken in the manner and in the cases prescribed in this article. R.L.1910, § 5989.

Appeals to the Court of Criminal Appeals may be taken by the state or a municipality in the following cases only: 1. Upon judgment for the defendant on quashing or setting aside an indictment or information; 2. Upon an order of the court arresting the judgment; 3. Upon a question…

unconstitutional in criminal actions. Any final judgment entered by a district court in a criminal action rendering an act of the State Legislature to be unconstitutional shall be automatically appealed to the Court of Criminal Appeals, unless said act has been previously declare…

transcript - Notice to transmit - Indigent defendants. A. In misdemeanor and felony cases the appeal must be perfected within ninety (90) days from the date of the pronouncement of the judgment and sentence. A transcript in both felony and misdemeanor cases must be filed as herei…

The right of a party to perfect an appeal from a judgment, order or decree of the trial court to the Court of Criminal Appeals shall not be conditioned upon his having filed in the trial court a motion for a new trial, but in the event a motion for a new trial is filed in the tri…

An appeal taken by the state in no case stays or affects the operation of the judgment in favor of the defendant, until the judgment is reversed. R.L.1910, § 5993.

execution - Confinement of defendant when crime not bailable. If an appeal is taken and the appeal bond given as provided in the preceding section, said bond shall be conditioned that the defendant will appear, submit to and perform any judgment rendered by the Criminal Court of …

Every endeavor must be used, both by the magistrate and civil officers, and by the officer commanding the troops, which can be made consistently with the preservation of life, to induce or force the rioters to disperse before an attack is made upon them by which their lives may b…

The exceptions stated in the case shall have the same effect as if they had been reduced to writing, allowed and signed by the judge at the time they were taken. R.L.1910, § 5999.

When several defendants are tried jointly, any one or more of them may take an appeal, but those who do not join in the appeal shall not be affected thereby. R.L.1910, § 6002.

when new trial granted. The appellate court may reverse, affirm or modify the judgment or sentence appealed from, and may, if necessary or proper, order a new trial or resentencing. In either case, the cause must be remanded to the court below, with proper instructions, and the o…

defective. When a judgment against the defendant is reversed, and it appears that no offense whatever has been committed, the Criminal Court of Appeals must direct that the defendant be discharged; but if it appears that the defendant is guilty of an offense although defectively …

An appeal shall not be dismissed for any informality or defect in the taking thereof. If the same be corrected in a reasonable time after an appeal has been dismissed, another appeal may be taken. R.L.1910, § 6006.

A person who, after the publication of a proclamation by the Governor or acting Governor, or who, after lawful notice as aforesaid to disperse and retire, resists or aids in resisting the execution of process in a county declared to be in a state of riot or insurrection, or who a…

On a judgment of affirmance against the defendant, the original judgment must be carried into execution, as the appellate court may direct. R.L.1910, § 6007.

All opinions of the Criminal Court of Appeals must be given in writing and recorded in the journal. R.L.1910, § 6008.

opinions. Opinions of the Oklahoma Court of Criminal Appeals designated for official publication shall be published on the Oklahoma State Courts Network website. The Oklahoma Court of Criminal Appeals is hereby requested to provide notice of release of its opinion to all subscrib…

- Return by clerk of lower court to clerk of Criminal Court of Appeals. It is hereby made the duty of the court clerk in all counties, upon receipt from the Clerk of the Criminal Court of Appeals of any mandate or order of the Criminal Court of Appeals, to immediately and without…

execution of judgment. The court shall at the time of entering judgment and sentence notify the defendant of his right to appeal. An appeal from a judgment of conviction stays the execution of the judgment in all cases where sentence of death is imposed, but does not stay the exe…

Bail on appeal shall be allowed on appeal from a judgment of conviction of a misdemeanor, or in felony cases where the punishment is a fine only, and when made and approved shall stay the execution of such judgment. Bail on appeal after April 17, 1969, shall not be allowed after …

appeal - Additional bond. When bail is allowed, the court shall fix the amount of the appeal bond and the time in which the bond shall be given in order to stay the execution of the judgment pending the filing of the appeal in the appellate court, and until such bond is made shal…

If bail on appeal be denied, or the amount fixed be excessive, the defendant shall be entitled to a review of the action of the trial court and its reasons for refusing bail, by habeas corpus proceedings before the appellate court, or if the court be not in session, then by some …

conviction or sentence. Any person who has been convicted of, or sentenced for, a crime and who claims: 1. That the conviction or the sentence was in violation of the Constitution of the United States or the Constitution or laws of this state; 2. That the court was without jurisd…

A. A one-year period of limitation shall apply to the filing of any application for post-conviction relief, whether an original application or a subsequent application. The limitation period shall run from the latest of: 1. The date on which the judgment of conviction or revocati…

A proceeding is commenced by filing a verified "application for post-conviction relief" with the clerk of the court imposing judgment if an appeal is not pending. When such a proceeding arises from the revocation of parole or conditional release, the proceeding shall be commenced…

If the applicant is unable to pay court costs and expenses of representation, he shall include an affidavit to that effect with the application, which shall then be filed without costs. Counsel necessary in representation shall be made available to the applicant after filing the …

A. Within thirty (30) days after the docketing of the application, or within any further time the court may fix, the state shall respond by answer or by motion which may be supported by affidavits. When an applicant asserts a claim of ineffective assistance of counsel, the state …

law. If the application cannot be disposed of on the pleadings and record, or there exists a material issue of fact, the court shall conduct an evidentiary hearing at which time a record shall be made and preserved. The court may receive proof by affidavits, depositions, oral tes…

If the court finds in favor of the applicant, it shall vacate and set aside the judgment and sentence and discharge or resentence him, or grant a new trial, or correct or modify the judgment and sentence as may appear appropriate. The court shall enter any supplementary orders as…

All grounds for relief available to an applicant under the Post- Conviction Procedure Act, including claims challenging the jurisdiction of the trial court, must be raised in his or her original, supplemental or amended application. Any ground finally adjudicated or not so raised…

A final judgment entered under this act may be appealed to the Court of Criminal Appeals on petition in error filed either by the applicant or the state within thirty (30) days from the entry of the judgment. Upon motion of either party on filing of notice of intent to appeal, wi…