OCCAOnline Rules of the Court of Criminal Appeals


SECTION III. PERFECTING AN APPEAL IN THE COURT OF CRIMINAL APPEALS

Rule 3.1 Contents of Petition in Error; Filing

A. Petition in Error. The appellant's petition in error must contain the following:

(1) The trial court from which the appeal is being lodged and the trial court case number;

(2) The crime, together with a citation to the statute or ordinance of which the appellant was convicted;

(3) The Judgment and Sentence imposed and the date of pronouncement together with a copy of the Judgment and Sentence attached;

(4) If a motion for new trial was filed, the date the motion was filed and the date it was denied;

(5) The amount of bail and whether the appellant is free on bail or incarcerated;

(6) The statutory authority and type of appeal the party is filing; and,

(7) The nature of the relief the appellant seeks. PROVIDED HOWEVER, recitation of the specific errors of law alleged to have been committed at trial is not required.

B. Style of Petition in Error. The party filing the petition in error shall be known as the appellant. The party against whom the appeal is taken shall be known as the appellee.

C. Filing of Petition in Error. The petition in error shall be filed with the Clerk of this Court within ninety (90) days of the date Judgment and Sentence is imposed or the order being appealed is entered in misdemeanor and regular felony appeals, sixty (60) days in juvenile cases (See Rule 7.3) and six (6) months in capital cases (See Rule 9.2(B)). The Clerk of this Court shall affix the original of the petition in error to the records for appeal when they are filed. The filing of the petition in error is jurisdictional and failure to timely file constitutes waiver of right to appeal.

D. Amendment of Petition in Error. Before an amendment to the petition in error may be filed, the appellant must obtain leave of this Court by filing a motion to amend, which sets forth with specificity the basis for the requested amendment. The granting of a motion to file an amended petition in error shall not serve as the basis for filing additional propositions of error after the brief in chief has been filed.


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