Okla. Stat. tit. 44, § 44-867: Review by the Oklahoma Court of Criminal Appeals

ARTICLE 67. Review by the Oklahoma Court of Criminal Appeals.

A. Powers as court of last resort. The Oklahoma Court of

Criminal Appeals shall be the court of last resort for all general

and special courts-martial convened by the state military forces.

In reviewing petitions or appeals granted pursuant to this section,

the Oklahoma Court of Criminal Appeals shall have and shall exercise

all powers granted to the Court under the Oklahoma Statutes and the

Oklahoma Constitution. The provisions of Title 22 of the Oklahoma

Statutes establishing criminal procedure in the district courts of

the state shall not apply to court-martial proceedings convened

pursuant to this Code. Where provisions of Title 22 of the Oklahoma

Statutes establishing appellate procedures in the Oklahoma Court of

Criminal Appeals conflict with any appellate provisions within this

Code, the conflicting provisions in Title 22 of the Oklahoma

Statutes shall not apply to appellate proceedings arising from

court-martial proceedings convened pursuant to this Code.

B. Petition for Review. Except as provided in subsection C of

this section for appeals arising from a guilty plea, a decision of

the Military Court of Appeals may be reviewed by the Oklahoma Court

of Criminal Appeals upon the filing of an appeal in the form of a

Petition for Review if a majority of judges on the Oklahoma Court of

Criminal Appeals directs that such Petition for Review shall be

granted. Decisions of the Military Court of Appeals shall be final

unless a Petition for Review is granted by the Oklahoma Court of

Criminal Appeals or a writ of certiorari is granted pursuant to

subsection C of this section.

C. Appeals arising from guilty plea. All appeals taken from

any conviction on a plea of guilty shall first be decided by the

Military Court of Appeals. In the event the conviction arising from

a plea of guilty is upheld by the Court of Military Appeals, an

appeal may be taken by petition for writ of certiorari to the

Oklahoma Court of Criminal Appeals, as provided in subsection D of

this section; provided, such petition must be filed within ninety

(90) days from the date of said conviction. The Oklahoma Court of

Criminal Appeals may take jurisdiction of any case for the purpose

of correcting the appeal records when the same do not disclose

judgment and sentence; such jurisdiction shall be for the sole

purpose of correcting such defect or defects.

D. Procedures established by court rules. The procedures for

filing a Petition for Review or appeal made pursuant to subsection B

or C of this section shall be as provided in the Rules of the Court

of Criminal Appeals; and the Oklahoma Court of Criminal Appeals

shall provide by court rules, which shall have the force of statute:

1. The procedure to be followed by the courts-martial in the

preparation and authentication of transcripts and records in cases

appealed under the Oklahoma Uniform Code of Military Justice;

2. The procedure to be followed by the Court of Military

Appeals in the preparation of the record in cases brought up on

appeal to the Oklahoma Court of Criminal Appeals under the Code;

3. The procedure to be followed for the completion and

submission of the Petition for Review or such other appeals lodged

pursuant to the Code; and

4. The procedure to be followed for filing a petition for and

the issuance of a writ of certiorari.

E. Scope of review on certiorari. The scope of review to be

afforded on certiorari shall be prescribed by the Oklahoma Court of

Criminal Appeals.

F. Additional proceedings. If the Oklahoma Court of Criminal

Appeals determines that additional proceedings are warranted, the

Oklahoma Court of Criminal Appeals may order a hearing, rehearing or

other proceedings in accordance with the Rules of the Court of

Criminal Appeals.

G. Action in accordance with decisions of the Oklahoma Court of

rescribed by the Oklahoma Court of

Criminal Appeals.

F. Additional proceedings. If the Oklahoma Court of Criminal

Appeals determines that additional proceedings are warranted, the

Oklahoma Court of Criminal Appeals may order a hearing, rehearing or

other proceedings in accordance with the Rules of the Court of

Criminal Appeals.

G. Action in accordance with decisions of the Oklahoma Court of

Criminal Appeals. The State Judge Advocate shall instruct the

appropriate authority to take action in accordance with the decision

of the Oklahoma Court of Criminal Appeals.