{"data":{"id":"us-ok/okla.-stat.-tit.-21-21-701.13","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 21, § 21-701.13","heading":"Death penalty - Review of sentence","body":"A. Whenever the death penalty is imposed, and upon the judgment\n\nbecoming final in the trial court, the sentence shall be reviewed on\n\nthe record by the Oklahoma Court of Criminal Appeals. The court\n\nreporter of the trial court shall prepare all transcripts necessary\n\nfor appeal within six (6) months of the imposition of the sentence.\n\nThe clerk of the trial court, within ten (10) days after\n\nreceiving the transcript, shall transmit the entire record and\n\ntranscript to the Oklahoma Court of Criminal Appeals together with a\n\nnotice prepared by the clerk and a report prepared by the trial\n\njudge. The notice shall set forth the title and docket number of\n\nthe case, the name of the defendant and the name and address of his\n\nattorney, a narrative statement of the judgment, the offense, and\n\nthe punishment prescribed. The report shall be in the form of a\n\nstandard questionnaire prepared and supplied by the Oklahoma Court\n\nof Criminal Appeals.\n\nB. The Oklahoma Court of Criminal Appeals shall consider the\n\npunishment as well as any errors enumerated by way of appeal.\n\nC. With regard to the sentence, the court shall determine:\n\n1. Whether the sentence of death was imposed under the\n\ninfluence of passion, prejudice, or any other arbitrary factor; and\n\n2. Whether the evidence supports the jury's or judge's finding\n\nof a statutory aggravating circumstance as enumerated in Section\n\n701.12 of this title.\n\nD. Both the defendant and the state shall have the right to\n\nsubmit briefs within the time provided by the court, and to present\n\noral argument to the court. The defendant shall have one hundred\n\ntwenty (120) days from the date of receipt by the court of the\n\nrecord, transcript notice, and report provided for in subsection A\n\nof this section, in which to submit a brief. The state shall have\n\nsixty (60) days from the date of filing of the defendant's brief to\n\nfile a reply brief. The defendant may file a reply brief within a\n\ntime period established by the court, however the receipt of the\n\nreply brief, the hearing of oral arguments, and the rendering of a\n\ndecision by the court all shall be concluded within one (1) year\n\nafter the date of the filing of the reply brief. If the defendant\n\nor the state fails to submit their respective briefs within the\n\nperiod prescribed by law, the defendant or the state shall transmit\n\na written statement of explanation to the Presiding Judge of the\n\nCourt of Criminal Appeals who shall have the authority to grant an\n\nextension of the time to submit briefs, based upon a showing of just\n\ncause. Failure to submit briefs in the required time may be\n\npunishable as indirect contempt of court.\n\nE. In addition to its authority regarding correction of errors,\n\nthe court, with regard to review of death sentences, shall be\n\nauthorized to:\n\n1. Affirm the sentence of death; or\n\n2. Set the sentence aside and remand the case for resentencing\n\nby the trial court.\n\nF. The sentence review shall be in addition to direct appeal,\n\nif taken, and the review and appeal shall be consolidated for\n\nconsideration. The court shall render its decision on legal errors\n\nenumerated, the factual substantiation of the verdict, and the\n\nvalidity of the sentence.\n\nG. If the court reporter of the trial court fails to complete\n\npreparation of the transcripts necessary for appeal within the six-\n\nmonth period required by the provisions of subsection A of this\n\nsection, the court reporter shall transmit a written statement of\n\nexplanation of such failure to the Chief Justice of the Oklahoma\n\nSupreme Court, the Presiding Judge of the Court of Criminal Appeals,\n\nand the Administrative Director of the Courts. The Court of\n\nCriminal Appeals shall have the authority to grant an extension of\n\nthe time for filing the transcripts, based upon a showing of just\n\ncause. Failure to complete the transcripts in the required time may\n\nbe punishable as indirect contempt of court and except for just\nSupreme Court, the Presiding Judge of the Court of Criminal Appeals,\n\nand the Administrative Director of the Courts. The Court of\n\nCriminal Appeals shall have the authority to grant an extension of\n\nthe time for filing the transcripts, based upon a showing of just\n\ncause. Failure to complete the transcripts in the required time may\n\nbe punishable as indirect contempt of court and except for just\n\ncause shown may result in revocation of the license of the court\n\nreporter.","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":"f46225d67e3f0b928c8b920696278d0b7ac30ef9e69dc03a19db5cba8fab43dc","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-21-21-701.12","next":"us-ok/okla.-stat.-tit.-21-21-701.15"},"notice":"GroundRules: Original legal text. Not legal advice."}