Criminal Appeals
In Oklahoma, you can appeal a criminal conviction by filing a notice of appeal with the appellate court within 30 days of the judgment. The process of appealing a criminal conviction in Oklahoma involves the following steps:
Habeas Corpus
A writ of habeas corpus is an action in which a convicted detainee may seek relief by the court from unlawful imprisonment. The majority of these actions are taken by detainees that were convicted in state courts. A writ of habeas corpus may be filed in a federal court only after a detainee has exhausted all of their state remedies through the appeals process. Although the majority of these actions are filed by unrepresented imprisoned detainees, the process is very difficult and the timing is crucial. Once the deadline passes for a habeas corpus to be filed, a federal court will not consider a detainee's action. Out of all of these actions across the U.S., only about 2% are granted. Because of the high difficulty level of these actions, the strict rules and procedures and the low rate of success, it is very important to have someone with the knowledge and understanding of the issues that courts are looking for and the arguments to make when taking a habeas corpus action.
In Oklahoma, you can appeal a criminal conviction by filing a notice of appeal with the appellate court within 30 days of the judgment. The process of appealing a criminal conviction in Oklahoma involves the following steps:
- File a Notice of Appeal: The defendant must file a notice of appeal within 30 days of the judgment to initiate the appeal process. The notice must be filed with the clerk of the trial court and served on the prosecuting attorney.
- Preparation of the Record: The trial court will prepare a transcript of the proceedings and other relevant documents, which will be used as the record on appeal.
- Briefs: Both the defendant and the prosecution will file written briefs with the appellate court, setting forth their arguments and the legal authority supporting their positions.
- Oral Argument: The parties may have the opportunity to argue their case in front of the appellate court.
- Decision: The appellate court will issue a written opinion, either affirming the conviction, reversing the conviction and ordering a new trial, or reversing the conviction and dismissing the charges.
Habeas Corpus
A writ of habeas corpus is an action in which a convicted detainee may seek relief by the court from unlawful imprisonment. The majority of these actions are taken by detainees that were convicted in state courts. A writ of habeas corpus may be filed in a federal court only after a detainee has exhausted all of their state remedies through the appeals process. Although the majority of these actions are filed by unrepresented imprisoned detainees, the process is very difficult and the timing is crucial. Once the deadline passes for a habeas corpus to be filed, a federal court will not consider a detainee's action. Out of all of these actions across the U.S., only about 2% are granted. Because of the high difficulty level of these actions, the strict rules and procedures and the low rate of success, it is very important to have someone with the knowledge and understanding of the issues that courts are looking for and the arguments to make when taking a habeas corpus action.