In re Addition of A New Rule To Rules of Court of Criminal Appeals, 052120 OKCRI, CCAD-2020-1

Docket Nº:CCAD-2020-1
Opinion Judge:DAVID B. LEWIS, PRESIDING JUDGE
Party Name:IN RE: ADDITION OF A NEW RULE TO THE RULES OF THE COURT OF CRIMINAL APPEALS
Judge Panel:DANA KUEHN, Vice Presiding Judge GARY L. LUMPKIN, Judge, ROBERT L. HUDSON, Judge SCOTT ROWLAND, Judge
Case Date:May 21, 2020
Court:Court of Appeals of Oklahoma, Court of Criminal Appeals of Oklahoma
 
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2020 OK CR 6

IN RE: ADDITION OF A NEW RULE TO THE RULES OF THE COURT OF CRIMINAL APPEALS

No. CCAD-2020-1

Court of Criminal Appeals of Oklahoma

May 21, 2020

ORDER ADOPTING NEW PROCEDURAL RULE IN THE COURT OF CRIMINAL APPEALS

DAVID B. LEWIS, PRESIDING JUDGE

¶1 We find that a Rule should be adopted by this Court to acknowledge the abatement procedure set forth in Majors v. State, 2020 OK CR 5, ¶¶ 8, 9, __ P.3d __. Pursuant to Section 41 of Title 20 and Section 1051 of Title 22 of the Oklahoma Statutes, we hereby add, adopt, and promulgate this new Rule of the Rules of the Oklahoma Court of Criminal Appeals, Title 22, Ch.18, App. (2020), set forth as follows: Section III. PERFECTING AN APPEAL IN THE COURT OF CRIMINAL APPEALS

Rule 3.17 Motion to Abate Appeal

A. Procedure. If a defendant dies while his or her appeal is pending before this Court, the personal representative of the deceased defendant's estate may petition this Court to finalize the appeal. See Majors v. State, 2020 OK CR 5, __ P.3d __.

  1. Petition of Personal Representative. Upon the filing of a motion to abate a pending appeal, this Court shall issue an order allowing the personal representative thirty (30) days to petition this Court. The petition must show good cause as to why the pending appeal should proceed.

  2. Dismissal. If no petition is filed within thirty (30) days of this Court's order, or the petition does not establish good cause, the appeal will be dismissed.

    a. If the appeal is dismissed, the trial court shall make note in the district...

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