An appeal is a request made by a defendant who has been convicted by a judge or jury in a lower court to have the conviction reviewed and changed by a higher court. All defendants in Oklahoma enjoy an automatic right to appeal their conviction. However, in the absence of errors, the appellate court will not rule against a lower court’s judgment and you may need to make a further appeal to higher court.
Appealing to a Higher Court in Oklahoma
The first level of appeal in Oklahoma is to the Court of Criminal Appeals. In Oklahoma’s bifurcated appellate system, the criminal appeals court is the first and only venue for virtually all criminal appeals.
In some cases it may be possible to pursue an appeal of an Oklahoma criminal case through the federal courts by petitioning the the U.S. Court of Appeals for the Tenth Circuit.
If you have been convicted of a federal crime, your first appeal in Oklahoma will not be with the Oklahoma Court of Criminal Appeals, but to the U.S. Court of Appeals for the Tenth Circuit.
What is Required to Appeal to a Higher Court in Oklahoma?
In most cases, after the first appeal, you need to request permission before you can file an appeal with a new court. An appeal to the federal court from the State Court of Criminal Appeals needs to be based on “federal issues” – typically, an issue which pertains to the constitutionality of the lower court’s rulings.
Furthermore, your attorney must remember to first raise these issues with the state appellate courts, in order to “preserve” the issue for your federal appeal in Oklahoma.
Again, an appeal in Oklahoma isn’t a retrial, but is a review of the court record to ensure that there were no errors made by the lower court in reaching its judgment. So, if your efforts to appeal ultimately fail, the lower court’s ruling will be affirmed and you will be required to begin to or continue to fulfill whatever sentence you received in the original trial.
Confidential Consultation: Tulsa Oklahoma Appellate Lawyer
The defense team at Tulsa Criminal Defense Law Firm can advise you on how the appeal process works and offer answers to your specific questions. To begin your low-cost initial strategy session, call now: (918) 256-3400. Or, If you prefer a Tulsa appellate lawyer on our team to call you or reach you by email, click here to ask your questions via the easy to fill-out online consultation request form.