OCCAOnline Rules of the Court of Criminal Appeals


Rule 9.2 Notice of Intent to Appeal; Petition in Error; Stenographic Record; Trial Judge's Report; Duties of Trial Court Clerk

A. Notice of Intent to Appeal and Designation of Record. The trial counsel shall file a notice of intent to appeal and designation of record in accordance with the provisions of Rules 2.1(B) and 1.14(C). See Form 13.4.

B. Petition in Error. The petition in error must be filed with the Clerk of this Court within six (6) months from the date the Judgment and Sentence is imposed.

C. Stenographic Record.

(1) A complete stenographic record of all proceedings shall be made and filed with this Court on appeal to enable this Court to conduct its mandatory sentence review. See Van White v. State, 752 P.2d 814, 820 (Okl.Cr.1988). The stenographic record shall be prepared within six (6) months of the imposition of sentence. See Section 701.13(A) of Title 21.

(2) PROVIDED HOWEVER, should the court reporter fail to complete preparation of the transcripts necessary for appeal within the required six (6) month period, the court reporter shall transmit a written affidavit and request for extension of time to the Chief Justice of the Oklahoma Supreme Court, the Presiding Judge of this Court, and the Administrative Director of the Courts. This Court shall have authority to grant an extension of time in which to file the transcripts, based upon a showing of just cause. Failure to complete the transcripts in the required time may be punishable as indirect contempt of this Court and except for just cause may result in revocation of the license of the court reporter. See Section 701.13(G) of Title 21. The affidavit and request for extension shall comply with and be subject to the provisions of Rule 3.2(C)(2).

D. Trial Judge's Report. The trial judge shall file a report in compliance with Section 701.13(A) of Title 21. The report must be in the form set out in Section XIII, Form 13.12.

E. Duties of the Clerk of the Trial Court. The entire record and transcripts, along with the trial judge's report and the notice prepared by the clerk of the trial court, shall be transmitted to this Court within six (6) months of the date of the Judgment and Sentence pursuant to Section 701.13(A) of Title 21, and in accordance with the procedure set out in Rule 2.3(B).

F. Mandatory Sentence Review. All documents listed herein shall be filed in all cases in which the death penalty is imposed, including cases where a defendant does not wish to appeal his conviction. The documents and record must be filed to begin proceedings connected with this Court's Mandatory Sentence Review. See Section 701.13(C) of Title 21.


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