IN RE REVISION OF PORTION OF RULES OF COURT OF CRIMINAL APPEALS
ORDER REVISING AND REPUBLISHING PORTION OF THE RULES
OF THE COURT OF CRIMINAL APPEALS
We find that revision of Rule 5.2 and Rule 5.3(B) of the
Rules for the Oklahoma Court of Criminal Appeals is necessary
for the timely preparation of the record on appeal in
post-conviction appeals. 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., Ch. 18, App. (2018), as set forth as follows:
V. PROCEDURES FOR APPEALING FINAL JUDGMENT UNDER
POST-CONVICTION PROCEDURE ACT
5.2 Appeal from Final Judgment
Final Judgment on Post-Conviction Application.
appeal to this Court under the Post-Conviction Procedure Act
constitutes an appeal from the issues raised, the record, and
findings of fact and conclusions of law made in the District
Court in non-capital cases. See Yingst v. State,
1971 OK CR 35, ¶¶ 6-7, 480 P.2d 276, 277
(Okl.Cr.1971) . For appeal out of time see Rule
of Execution of Judgment Pending Appeal. The District Court
may stay the execution of its judgment upon the filing of a
verified motion to stay execution of the judgment pending
appeal within ten (10) days from the date of the entry of the
judgment. If the motion is granted, the party granted the
stay shall file a certified copy of the petition in error in
the District Court within five (5) days after the filing of
the petition in error in this Court to ensure the District
Court is notified of the perfecting of the appeal.
See Section 1087 of Title 22. For capital cases,
see Section IX of these Rules and Section 1089 of
Petition in Error, Briefs and Record.
party desiring to appeal from the final order of the District
Court under Section V of these Rules MUST file a Notice of
Post-Conviction Appeal with the Clerk of the District Court
within ten twenty (10 20) days from the
date the order is filed in the District Court. See
Rule 9.7 for post-conviction procedures in capital cases.
The filing of the Notice of Post-Conviction Appeal in the
District Court is jurisdictional and failure to timely file
constitutes waiver of the right to appeal.
petition in error and supporting brief, WITH A CERTIFIED COPY
OF THE ORDER ATTACHED must be filed with the Clerk of this
Court. The petition in error shall state the date and in what
District Court the Notice of Post-Conviction Appeal was
filed. If the post conviction appeal arises from a
misdemeanor or regular felony conviction, the required
documents must be filed within thirty sixty (3
6 0) days from the date the final order of the
District Court is filed with the Clerk of the District Court.
If post-conviction application is from a capital conviction,
the documents must be filed within the time set in Section
1089 of Title 22 and Rule 9.7.
brief shall not exceed thirty (30) typewritten 8-1/2 by
11-inch pages in length. See Rule 9.7 (A)(4) for
page limits in capital cases.
This Court may direct the other party to file an answer
brief, if necessary. However, the respondent is not required
to file an answer brief unless directed by the Court.
Failure to file a petition in error, with a brief, within the
time provided, is jurisdictional and shall constitute a
waiver of right to appeal and a procedural bar for this Court
to consider the appeal.
record on appeal of a denial of post-conviction relief shall
be transmitted by the Clerk of the District Court in
accordance with the procedure set forth in Rule 2.3(B), but
within the time requirements set forth in Rule 5.3. The
record to be compiled by the Clerk of the District Court and
transmitted to the Clerk of this Court is limited to the
(a) The Application for Post-Conviction Relief presented to
the District Court and response, ...