LawNew Developments in Oklahoma Criminal Appeals Law

New Developments in Oklahoma Criminal Appeals Law


When facing a criminal conviction in Oklahoma, understanding your rights and options for appeal is crucial. Oklahoma’s criminal appeals law has seen significant developments in recent years, providing defendants with enhanced opportunities to challenge their convictions and seek justice. In this article, we will explore these new developments and provide a comprehensive guide on how to appeal an Oklahoma criminal conviction.

1. The Right to Appeal

Every defendant in Oklahoma has the right to appeal their criminal conviction. An appeal is a legal process that allows a higher court to review the decision made by the trial court. It’s essential to note that an appeal is not a retrial of the case; instead, it focuses on ensuring that the trial was fair and that legal procedures were followed correctly.

1.1 Grounds for Appeal

Oklahoma law provides several grounds on which a defendant can base their appeal. These include:

  • Legal Errors: If there were errors in the application of the law during the trial, such as the incorrect admission of evidence or improper jury instructions, this can be grounds for appeal.
  • Ineffective Assistance of Counsel: If your attorney did not provide competent representation, it could be considered ineffective assistance of counsel, which may be a basis for appeal.
  • New Evidence: If new, significant evidence has come to light after the trial that could have influenced the verdict, it may be possible to appeal based on this new evidence.

2. New Developments in Oklahoma Criminal Appeals Law

2.1 Post-Conviction DNA Testing

One significant development in Oklahoma criminal appeals law is the availability of post-conviction DNA testing. This allows defendants to request DNA testing on evidence that may not have been tested at the time of the trial. If the DNA evidence could potentially exonerate the defendant, the court may grant a new trial.

2.2 Retroactive Application of Sentencing Changes

In some cases, changes in sentencing laws can be applied retroactively, offering hope for individuals who were sentenced under old, harsher guidelines. Defendants serving lengthy sentences may be eligible for a reduced sentence or early release under these new provisions.

2.3 Expanding Rights for Juvenile Offenders

Oklahoma has also expanded the rights of juvenile offenders in recent years. The U.S. Supreme Court’s decisions have played a role in this development, recognizing that juvenile offenders should not be subject to the same harsh penalties as adults. As a result, some individuals who were sentenced as juveniles to life without parole may now have the opportunity for resentencing and parole consideration.

3. How to Appeal an Oklahoma Criminal Conviction

3.1 Consult with an Appellate Attorney

The first step in appealing an Oklahoma criminal conviction is to consult with an experienced appellate attorney. Appellate law is highly specialized, and having a knowledgeable attorney by your side is crucial. They can evaluate your case, identify potential grounds for appeal, and guide you through the complex process.

3.2 File a Notice of Intent to Appeal

To initiate the appeals process, you must file a Notice of Intent to Appeal within a specified timeframe after your conviction. This notice informs the court of your intention to appeal and triggers the next steps in the process.

3.3 Obtain the Trial Transcript

Your attorney will need to obtain a complete transcript of the trial proceedings. This transcript is essential for the appellate court to review the trial for errors or irregularities.

3.4 Prepare the Appellate Brief

The appellate brief is a written document that presents your arguments and legal reasoning for the appeal. It must be meticulously prepared, outlining the issues you are challenging, citing relevant legal authorities, and providing a compelling argument for why the conviction should be overturned.

3.5 Oral Argument

In some cases, the appellate court may schedule an oral argument where your attorney presents your case in person. This allows for further clarification of your arguments and provides an opportunity to address any questions the judges may have.

3.6 Await the Court’s Decision

After the appellate brief and any oral arguments, you must wait for the appellate court’s decision. They may affirm the conviction, order a new trial, or in some cases, dismiss the charges.

3.7 Further Appeals

If you are not satisfied with the appellate court’s decision, you may have the option to seek further appeals, including petitioning the Oklahoma Supreme Court or even filing a federal habeas corpus petition.


Understanding how to appeal an Oklahoma criminal conviction and being aware of recent developments in the state’s criminal appeals law can be critical for defendants seeking justice. With the availability of post-conviction DNA testing, retroactive sentencing changes, and expanded rights for juvenile offenders, there are more avenues than ever to challenge wrongful convictions and seek fair outcomes in the Oklahoma legal system. However, navigating the appeals process can be complex, and it is strongly recommended to consult with a qualified appellate attorney to guide you through the process and protect your rights.

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