OCCAOnline Rules of the Court of Criminal Appeals
(Updated 5/21/2003 in accordance with 2003 OK CR 9)
(Updated 1/31/2008 in accordance with 2008 OK CR 5)
Rule 4.3 Time for Lodging Appeal; Record of Proceedings; Contents of Petition in Error; Briefs.
A.In order to perfect a certiorari appeal in convictions where the death penalty is not imposed, the petitioner must ensure the following record on appeal is completed in accordance with Rules 2.2, 2.3 and 2.4 and filed with the Clerk of this Court within ninety (90) days from the date the trial court ruled on the application to withdraw the plea. The filing of the petition for writ of certiorari is jurisdictional and failure to timely file constitutes waiver of right to appeal. In convictions where the death penalty is imposed, the petitioner must file the following items within six (6) months from the date the trial court ruled on the application to withdraw the plea in accordance with Rules 9.1, 9.2 and 9.3.
(1) A petition for a writ of certiorari;
(2) Two (2) certified copies of the original record (three (3) certified copies in capital cases) which shall include a copy of the order denying the application to withdraw plea; and,
(3) The original and one (1) copy of the transcript of the proceedings in which the plea of guilty or nolo contendere was taken (not applicable if a court reporter was waived as set forth in Form 13.10), and the evidentiary hearing on the application to withdraw plea. In capital cases, petitioner shall ensure that the original and three (3) copies of the transcript of proceedings are filed and sent to the appropriate parties. See Section 1089(B) of Title 22, Rule 3.2(C).
The above items shall be filed in accordance with Rules 2.2, 2.3, and 2.4.
B. Contents of the Transcript. The transcript shall include the proceedings held on the court's acceptance of the plea, the pronouncement of the Judgment and Sentence and the hearing on the application to withdraw the plea of guilty or nolo contendere.
C. Contents of Petition. The petition for a writ of certiorari shall consist of the following:
(1) The trial court from which the appeal is lodged and the trial court case number;
(2) The crime for which the petitioner was sentenced;
(3) The Judgment and Sentence imposed and the date of pronouncement;
(4) The date the application to withdraw the plea of guilty or nolo contendere was filed and the date it was denied by the trial court;
(5) The errors of law urged as having been committed during the proceedings in the trial court which were raised in the application to withdraw plea;
(6) The nature of the relief the petitioner seeks;
(7) The statute under which the petitioner is appealing; and
(8) A certified copy of the trial court's final order denying the application to withdraw plea.
D. Brief in Support. A brief in support shall be filed within thirty (30) days from the date the notice to transmit record on appeal is filed by the Clerk of this Court. See Section IX for capital cases.
E. Answer Brief. This Court may then direct either the district attorney, municipal attorney or the Attorney General to file an answer brief, if necessary. While not required to respond unless directed by the Court, the district attorney, municipal attorney or the Attorney General may file an answer brief to the petition and brief on their own motion within thirty (30) days from the filing of the petitioner's brief. PROVIDED HOWEVER, in instances where a sentence of death has been imposed upon a petitioner, the Attorney General shall respond within sixty (60) days from the filing of the petitioner's brief.
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