OCCAOnline Rules of the Court of Criminal Appeals
(Updated 5/21/2003 in accordance with 2003 OK CR 9)
(Updated 01/31/2008 in accordance with 2008 OK CR 5)
Rule 3.3 Joinder of Appellants
A. Joint Appeal.When two or more defendants stand convicted as co-defendants at a single trial, they may join in one appeal or appeal separately.
B. Single Record. When two or more co-defendants file separate appeals, represented by different attorneys, one record may be filed, but separate petitions in error and briefs must be filed for each appellant. In addition to the requirements set forth in Rule 3.1, the petition in error must cross-reference to the appellant in whose name the appeals records were filed. However, if only one defendant timely appeals, that defendant shall only be entitled to that portion of the trial court record and transcripts that apply to him/her.
C. Cross-Reference of Appeal Records. When several co-defendants file separate appeals, but only one set of appeal records is filed, it shall be the responsibility of each attorney perfecting an appeal to ensure that the appeal records are timely filed and properly cross-referenced at the time the petition in error is filed with the Clerk of this Court. The briefs must also refer to the case number in which the appeal records are filed.
D. Consolidation. This Court without notice and on its own motion may consolidate appeals of the same defendant, or the appeals of two or more co-defendants unless a co-defendant specifically states in the petition in error that he/she opposes such consolidation and shows good cause why the appeal should not be consolidated.
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