The Criminal Appeals Process in Oklahoma allows for appeals related to reversable error. In a perfect legal system, every conviction would be just, based on undeniable evidence and conducted with the utmost fairness. However, the reality is that wrongful convictions can and do occur, leading to innocent individuals facing the consequences of crimes they didn’t commit. When such a travesty happens, the criminal appeals process becomes a beacon of hope for those seeking exoneration and justice. In the state of Oklahoma, understanding how to navigate this process is crucial for those fighting against wrongful convictions.
Grounds for Criminal Appeal
Appealing a wrongful conviction in Oklahoma requires valid legal grounds. Common grounds for appeal may include:
- Legal Errors: Mistakes in the application of law by the trial court or legal counsel. There are several possible legal errors rising to the level of appealability. This might included wrongfully admitted evidence or a finding of guilt not supported by the evidence.
- New Evidence: Discovery of new evidence that was not available during the original trial, which could significantly impact the case’s outcome. The new evidence must be evidence that would have exonerated you at the Trial level.
- Ineffective Assistance of Counsel: Demonstrating that the defense attorney’s representation fell below an objective standard of reasonableness, and that this deficiency prejudiced the defendant’s case.
- Prosecutorial Misconduct: Any unethical behavior or actions by the prosecution that could have affected the fairness of the trial.
- Jury Misconduct: Instances where the jury’s conduct or actions during the trial were prejudicial or improper. The misconduct might involve improper communications about the case impacting deliberations in the case
- Constitutional Violations: Showing that the defendant’s constitutional rights were violated during the trial process. An example involves violations of due process or other State or Federal violations of your rights.
Initiating the Appeals Process in Oklahoma
1. Notice of Appeal
The criminal appeals process typically begins with filing a Notice of Appeal with the appropriate appellate court within a specified timeframe after the trial court’s judgment. In Oklahoma, this is referred to as a notice of appeal and designation of record. This needs to be filed within 10 days of the lower court journal entry. Filing this notice of appeal is not the same as the appeal itself. This simply starts the appeal process.
2. Preparation of the Record
The trial court record, including transcripts, exhibits, and other relevant documents, must be prepared and filed with the appellate court. This record serves as the basis for the appeal. The record contains everything and is very important. It includes all the testimony including the record that is made during the preliminary hearing. The record is used to highlight any potential reversable error.
3. Appeals Briefs
Both the appellant (the individual appealing the conviction) and the appellee (usually the state) submit written arguments, or briefs, to the appellate court. These briefs outline the legal arguments and issues in the case, supported by citations to relevant case law and statutes. Briefs in an appeal are typically very long. They contain very detailed arguments and authority for the reversable error. The briefs are filed in the Oklahoma Court of Criminal appeals and must be filed within 30 days of the initial notice.
4. Oral Arguments
In some cases, the appellate court may schedule oral arguments where attorneys for both sides present their case before a panel of judges. This allows for further clarification and discussion of the issues raised in the briefs.
The Appellate Court’s Decision
After reviewing the arguments and record, the appellate court will render a decision. This decision may affirm the lower court’s judgment, reverse the conviction, remand the case for a new trial, or take other appropriate action.
Read More On Our Tulsa Criminal Lawyers Blog
Tulsa Appellate Attorneys Near You
The criminal appeals process for wrongful convictions in Oklahoma is complex and multi-faceted, requiring a thorough understanding of legal principles and procedures. For those who find themselves facing the daunting task of appealing a wrongful conviction, competent legal representation is indispensable. While the road to exoneration may be long and arduous, perseverance and a steadfast commitment to justice can ultimately prevail. For a Free Consultation call the Oklahoma appeals court attorneys at Tulsa Criminal Lawyers Law Firm 918-416-0358. Or you can follow this link to ask an online criminal defense question.