OCCAOnline Rules of the Court of Criminal Appeals


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.


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