{"data":{"id":"us-ok/okla.-stat.-tit.-21-21-701.10a","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 21, § 21-701.10a","heading":"Sentencing proceeding on remand - Murder in the first","body":"degree - Admissibility of evidence.\n\nNotwithstanding subsection A of Section 701.10 of this title,\n\nwhich requires that the same jury sit in the sentencing phase of a\n\ncapital murder trial, the following shall apply:\n\n1. Upon any appeal by the defendant where the sentence is of\n\ndeath, the appellate court, if it finds prejudicial error in the\n\nsentencing proceeding only, may set aside the sentence of death and\n\nremand the case to the trial court in the jurisdiction in which the\n\ndefendant was originally sentenced. No error in the sentencing\n\nproceeding shall result in the reversal of the conviction for a\n\ncapital felony. When a capital case is remanded after vacation of a\n\ndeath sentence, the prosecutor may:\n\na. move the trial court to impose any sentence authorized\n\nby law at the time of the commission of the crime,\n\nwhich the trial court shall impose after a non-jury\n\nsentencing proceeding, provided, the original\n\nsentencing proceeding was conducted before the court\n\nor the original sentencing proceeding was conducted\n\nbefore a jury and both the defendant and the state\n\nwaive jury sentencing after remand; or\n\nb. move the trial court to impanel a new sentencing jury\n\nwho shall determine the sentence of the defendant,\n\nwhich may be any sentence authorized by law at the\n\ntime of the commission of the crime, provided, the\n\noriginal sentencing proceeding was conducted before a\n\njury;\n\n2. If the prosecutor elects to utilize the procedure provided\n\nin paragraph b of subsection 1 of this section, the trial court\n\nshall impanel a new jury for the purpose of conducting new\n\nsentencing proceedings;\n\n3. Resentencing proceedings shall be governed by the provisions\n\nof Sections 701.10, 701.11 and 701.12 of this title;\n\n4. All exhibits and a transcript of all testimony and other\n\nevidence properly admitted in the prior trial and sentencing shall\n\nbe admissible in the new sentencing proceeding; additional relevant\n\nevidence may be admitted including testimony of witnesses who\n\ntestified at the previous trial;\n\n5. The provisions of this section are procedural and shall\n\napply retroactively to any defendant sentenced to death;\n\n6. This section shall not be construed to amend the provisions\n\nof Section 701.10 of this title, requiring the same jury to sit in\n\nboth the guilt and sentencing phases of the original trial.","path":["OK Code","Title 21"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os21.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"42d595aded0f69ece67ef57dd5efe6b8dab7fa268737faf9a8e7e8d2642e9877","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-21-21-701.10-1","next":"us-ok/okla.-stat.-tit.-21-21-701.10b"},"notice":"GroundRules: Original legal text. Not legal advice."}