Criminal Appeals

State Direct Appeal:
When an individual has been convicted of any crime in the state courts of Oklahoma, whether misdemeanor or felony, that individual has a statutory right to appeal the conviction to the Oklahoma Court of Criminal Appeals. This statutory right to an appeal applies to any criminal conviction regardless of whether the conviction is a result of a trial or a guilty plea. An appeal from a conviction resulting from a trial is referred to as a direct appeal, while an appeal from a guilty plea conviction is referred to as an appeal by certiorari.

After an appeal is lodged in the Oklahoma Court of Criminal Appeals, after the appellate record is completed and after the appeal is fully briefed by both the defense and the State, it may take anywhere from six to eighteen months to receive a ruling from the appellate court.

The procedural process for a criminal appeal is complex, and it is critical to obtain a criminal appeals lawyer and appellate litigator who is thoroughly familiar with the Rules of the Oklahoma Court of Criminal Appeals and who can readily navigate the criminal appellate process. The failure to meet required deadlines, including jurisdictional deadlines, can jeopardize the state criminal appeal and can result in complete dismissal of the appeal.

State Post-Conviction Relief:
The state post-conviction process in Oklahoma is governed by statute, and post-conviction relief is available in very narrowly-defined circumstances. State post-conviction relief is available only in those cases wherein an individual seeks to raise an issue before the appellate court which could not have been raised on direct appeal. For example, if new evidence is discovered which was not previously available or discoverable, issues involving the new evidence may be presented to the appellate court by way of the state post conviction process.

The state post-conviction process may be used to obtain an appeal out of time in cases wherein an individual has been denied an appeal through no fault of his or her own.

The state post-conviction process is complex. It is critical to seek representation from an experienced criminal appeals attorney who is familiar with the specific procedural rules governing the post-conviction process.

Other State Remedies:
There are a range of state remedies which may be available after conviction, depending upon the particular needs of an individual and whether that individual meets the specific requirements for the remedy sought. Remedies may be available in state court to address a variety of issues, including but not limited to the expungement of criminal records, sentence modifications, incorrect time credit calculations, the improper administration of sentences, the unlawful deprivation of time credits or the unlawful removal of time credits already earned without the requisite due process.

Ms. George has the criminal procedural experience to analyze a case to determine whether any of the afore-mentioned state court remedies may be pursued to obtain relief for the client. Ms. George also provides representation for clients before the Oklahoma Pardon and Parole Board. The Pardon and Parole Board is authorized to recommend a pardon, parole or a commutation of sentence. In Oklahoma, the Governor determines whether such recommendations will be granted.

Federal Direct Appeals:
When an individual has been convicted of any crime in the federal courts of Oklahoma, that individual has a statutory right to appeal the conviction to the United States Court of Appeals for the Tenth Circuit in Denver, Colorado. This statutory right to an appeal applies to any federal criminal conviction regardless of whether the conviction is a result of a trial or a guilty plea.

After an appeal is lodged in the Tenth Circuit Court of Appeals, after the appellate record is completed and after the appeal is fully briefed by both the defense and the government, it may take anywhere from six to eighteen months to receive a ruling from the federal appellate court.

The procedural process for a criminal appeal in the federal courts is complex, and it is critical to obtain a criminal appeals attorney who is thoroughly familiar with the both the Federal Rules of Appellate Procedure and the Tenth Circuit Rules and who can readily navigate the federal criminal appellate process. The failure to meet required deadlines, including jurisdictional deadlines, can jeopardize the federal criminal appeal and can result in complete dismissal of the federal appeal.

Federal Habeas Corpus Relief:
There are a range of post-conviction remedies which may be available in the federal courts of Oklahoma with regard to criminal convictions rendered in both state district courts and the federal district courts of Oklahoma. The type of federal post-conviction remedy available to a petitioner depends upon the posture of the petitioner’s case, the type of relief which the petitioner is seeking in the federal courts and whether the petitioner’s case meets the specific requirements for the remedy sought. Post-conviction relief in the federal courts is sought most commonly by way of a federal habeas corpus proceeding. The type of federal habeas corpus petition to be pursued depends upon the type of conviction from which the petitioner is appealing (state or federal) and the type of relief sought, whether the petitioner seeks to challenge the constitutionality of the Judgment and Sentence or seeks to challenge the proper administration or execution of the sentence.

The procedural process for a federal habeas corpus proceeding is complex. It is critical to obtain a criminal appeals lawyer who is thoroughly familiar with the federal statutes governing federal habeas corpus proceedings as well as the Rules Governing Section 2254 and 2255 Cases in the United States District Courts and who can readily navigate the federal habeas corpus process. The failure to meet required deadlines, including jurisdictional deadlines, may jeopardize the ability to pursue habeas corpus relief in the federal courts.

Ms. George has the criminal procedural experience to analyze a petitioner’s case to determine whether any of the afore-mentioned post-conviction remedies may be pursued to obtain relief for a petitioner in the federal courts. Time is of the essence with regard to federal habeas corpus relief as a federal habeas corpus petition must be filed within one year after the Judgment and Sentence being challenged becomes final.

Back to Focus of Practice