In re Revision of Portion of the Rules of Court of Criminal Appeals, 2003 OK CR 9 (Okla. Crim. App. 5/21/2003)
| Decision Date | 21 May 2003 |
| Docket Number | Case Number: CCAD-03-1. |
| Citation | 2003 OK CR 9 |
| Parties | IN RE: REVISION OF PORTION OF THE RULES OF THE COURT OF CRIMINAL APPEALS |
| Court | United States State Court of Criminal Appeals of Oklahoma. Court of Criminal Appeals of Oklahoma |
¶1 Pursuant to the provisions of Section 1051(b) of Title 22 of the Oklahoma Statutes, we hereby revise, adopt, promulgate and republish portions of the Rules of the Oklahoma Court of Criminal Appeals, 22 O.S.Supp.2003, Ch. 18, App. set forth as follows and as set out in the attachment to this order:
1.0(B); 1.2(A)(D); 1.3(B); 1.6(A)(B); 1.9(B); 1.11; 1.13(B)(D)(E)
1.14(A)(C); 1.15(B); 1.16(A); 2.1(B)(C)(E); 2.2(B); 2.5(A)(B)
3.2(C)(2); 3.3(B); 3.4(A)(D)(F); 3.5(A)(C)(G); 3.11(B)
3.13(B); 3.14(B); 3.15; 3.16; 4.3(A); 4.4; 5.2(C); 5.3(A)(B)
6.1(D); 7.1; 7.2; 7.3(A)(B)(C); 7.4; 7.5(B)(C)(D)(E)
9.3(A); 9.4; 9.7(A); 10.1(B)(C)(D); 10.5; 10.6(B)(C);
11.2(A)(C); 11.5(C); 12.2(A); Forms 13.0; 13.1; 13.2;
13.3; 13.4; 13.5; 13.6; 13.8; 13.8(A); 13.9; 13.10; 13.11;
13.13; 13.14; 13.15
¶2 All amendments are reflected as follows: deleted words shown as a line through stricken language and new language highlighted with shaded block. These revisions shall become effective on the date of this order.
IT IS SO ORDERED.
TITLE 22. CRIMINAL PROCEDURE
Rule 1.0 Scope of Rules
Rule 1.1 Time of Convening
Rule 1.2 Methods of Appeal or Review
Rule 1.3 Records; —Withdrawal
Rule 1.4 Computation of Time for Appeal
Rule 1.5 Clerk's Office Closed
Rule 1.6 Non-Resident Attorneys; Recognition
Rule 1.7 Communication to be Addressed to Clerk
Rule 1.8 Notice; Sufficiency
Rule 1.9 Required Number of Copies; Pleadings and Motions; Service
Rule 1.10 Filing Fees
Rule 1.11 Application in Forma Pauperis
Rule 1.12 Form of Affidavit in Forma Pauperis
Rule 1.13 Definitions
Rule 1.14 Qualification Rule for Determination of Indigency; Notification; Trial Counsel Responsibility
Rule 1.15 Use of Court Reporter's Transcripts and Recordings by Appellate Indigent Defender
Rule 1.16 Application of Appellant to Proceed With Appeal Pro Se
SECTION II. INITITATING AN APPEAL FROM THE TRIAL COURT
Rule 2.1 Initiating an Appeal (Motion for New Trial, Commencement of Appeal, Filing of Appeal Records, Appeals
by the State, Appeals Out of Time)
Rule 2.2 Form and Contents of Record
Rule 2.3 Time for Completion of Record
Rule 2.4 Filing of Record
Rule 2.5 Notice of Intent to Appeal; Designation of Record
SECTION III. PERFECTING AN APPEAL IN THE COURT OF CRIMINAL APPEALS
Rule 3.1 Contents of Petition in Error; Filing
Rule 3.2 Instruments to Be Filed to Complete the Appeal
Rule 3.3 Joinder of Appellants
Rule 3.4 Briefs; Service and Filing
Rule 3.5 Briefs; Contents; Citation of Authorities
Rule 3.6 Failure to Appeal or File Briefs; Duty of Counsel; Scope of Review
Rule 3.7 Contempt of Court, What Constitutes
Rule 3.8 Assignment for Oral Argument; Notice
Rule 3.9 Argument; Opening and Closing; Time
Rule 3.10 Motion; Requisites
Rule 3.11 Supplementation of Record
Rule 3.12 Monitoring Appeal Time; Motion to Dismiss; Notification; Remands For Evidentiary Hearings
Rule 3.13 Opinions; Definition of Votes
Rule 3.14 Rehearing; Requisites of Petition
Rule 3.15 Mandate; Stay; Further Petition for Rehearing
Rule 3.16 Notification of Mandate
SECTION IV. PROCEDURES FOR APPEAL BY CERTIORARI FROM PLEA OF GUILTY OR NOLO CONTENDERE
Rule 4.1 Mandatory Form for Plea of Guilty Summary of Facts
Rule 4.2 Requirements for Commencement of Certiorari Appeal
Rule 4.3 Time for Lodging Appeal; Record of Proceedings; Contents of Petition in Error; Briefs
Rule 4.4 Service of Petition and Brief in Support on District Attorney and Attorney General
Rule 4.5 Bail Pending Decision on Certiorari Appeal
Rule 4.6 Oral Argument, Opinions, Rehearing and Issuance of Mandate
SECTION V. PROCEDURES FOR APPEALING FINAL JUDGMENT UNDER POST-CONVICTION PROCEDURE ACT
Rule 5.1 Purpose of Procedures
Rule 5.2 Appeal from Final Judgment
Rule 5.3 Duties of Court Clerks and Court Reporters
Rule 5.4 Duties of the Judge of the District Court
Rule 5.5 Final Order; Exhaustion of State Remedies
Rule 5.6 Form for Application for Post-Conviction Relief
SECTION VI. APPEAL BY STATE FROM ADVERSE RULING OF MAGISTRATE
A. The Rules of the Court of Criminal Appeals shall apply to all appeals and proceedings in this Court. See Section 1051 of Title 22.
B. The Rules set forth in Sections I, II and III shall apply in all types of appeals, unless a specific provision to the contrary appears in the Sections governing specific appeals.
C. All references to statutes are to Oklahoma Statutes unless otherwise noted.
D. Citation to the Rules of this Court shall be in the following format: Rule ___, Rules of the Oklahoma Court of Criminal Appeals, Title 22, Ch.18, App. (year).
The Court of Criminal Appeals will be open for the transaction of business at any time on the call of the Presiding Judge.
(1) Felony and Misdemeanor Appeals. Sections II,, and III, and XI of these Rules. Appeals from Municipal Courts of Record, Section 28-128 of Title 11 and Capital Cases, Section 701.13 of Title 21, are included within this class of appeals. PROVIDED HOWEVER, the specific provisions of Sections VII andIX shall control in Juvenile andcapital cases, respectively, over the general provisions of Sections II and III.
(2) Certiorari Appeals. Section IV of these Rules.
(3) State Appeals.
(a) Appeals from Adverse Ruling of Magistrate. See Sections VI and XI of these Rules; Sections 1089.1 through 1089.7 of Title 22.
(b) Other State appeals. See Sections II and III of these Rules; Sections 1053 and 1053.1 of Title 22.
(4) Juvenile and Youthful Offender Appeals. Sections VII and XI of these Rules.
(5) Resentencing Appeals. Sections II and III of these Rules for appeals pursuant to Section 929 of Title 22. Sections II, III and IX for appeals pursuant to Sections 701.10a and 701.13 of Title 21.
(6) Expungement of Records. (22 O.S.Supp.2002 § 19(C), placed jurisdiction for appeals of expungement orders in the Oklahoma Supreme Court).
B. Original Proceedings. Section X of these Rules.
C. Post-conviction Appeals. Section V of these Rules, and in capital cases the requirements of Section IX. See Sections 1087, 1088.1 and 1089 of Title 22.
D. All Other Appeals
(1) Revocation of Parole. Procedures for review of revocation of parole are governed by the Post-Conviction Procedure Act, Sections 1080 to 1089 of Title 22 and Section V of these Rules.
(2) Bail Pending Trial or Appeal. Excessive bail or denial of bail is governed by habeas corpus proceedings pursuant to Section 1079 of Title 22 and Section X of these Rules.
(3) Disqualification of Judges. Review of failure to disqualify by a judge in a criminal case is governed by Section 1403 of Title 20; Ch. 2, App., Rules 15 for District Court of Oklahoma and 15.1 of Title 12, and Section X of these Rules. See also Code of Judicial Conduct, Ch. 1, App. 4, Title 5.
(4) Revocation of Suspended Sentence. Review of an order revoking a suspended sentence is governed by the same procedure as perfection of a regular misdemeanor or felony appeal. See Section 991(b) of Title 22, and Sections II, and III, and XI of these Rules. However, the scope of review is limited to the validity of the revocation order. The appropriate appeal time commences upon imposition of the order revoking suspended sentence. The validity of the predicate conviction can only be appealed through a separate appeal pursuant to the regular felony and misdemeanor procedures of these Rules, Sections II and III, or the certiorari procedure, Section IV of these Rules.
(5) Deferred Judgment and Sentence.
(a) Appeal of Imposition of Order Deferring Judgment and Sentence. See Gonseth v. Oklahoma, 871 P.2d 51 (Okl.Cr.1994).
(i) A defendant may appeal the terms of probation imposed as a part of the Order Deferring Imposition of Judgment and Sentence, separate from or together with the validity of the plea entered at the time the order is entered. Failure to appeal the terms of the Order Deferring Imposition of Judgment and Sentence does not preclude a defendant's right to a certiorari review of the validity of the plea in accordance with this Rule if the order deferring is accelerated at a future date with Judgment and Sentence imposed.
(ii) A defendant who seeks to only appeal the terms imposed by the trial court as a condition for deferral of Judgment and Sentence may appeal under the Rules for regular misdemeanor or felony appeals. See Sections 1051 and 991c of Title 22; and Sections II, and III, and XI of these Rules. The scope of review will be limited to the validity of the conditions of probation set out in the Order Deferring Imposition of Judgment and Sentence.
(iii) A defendant who receives a deferral of Judgment and Sentence after pleading guilty or nolo contendere may challenge the terms of the deferral,...
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