{"data":{"id":"us-ok/okla.-stat.-tit.-22-22-1001.1","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 22, § 22-1001.1","heading":"Execution of judgment - Time - Stay of execution","body":"A. The execution of the judgment in cases where sentence of\n\ndeath is imposed shall be ordered by the Court of Criminal Appeals\n\nto be carried out thirty (30) days after the defendant fails to meet\n\nany of the following time conditions:\n\n1. If a defendant does not file a petition for writ of\n\ncertiorari in the United States Supreme Court within ninety (90)\n\ndays from the issuance of the mandate in the original state direct\n\nappeal unless a first application for post-conviction relief is\n\npending;\n\n2. If a defendant does not file an original application for\n\npost-conviction relief in the Court of Criminal Appeals within\n\nninety (90) days from the filing of the appellee’s brief on direct\n\nappeal or, if a reply brief is filed, ninety (90) days from the\n\nfiling of that reply brief, or a petition in error to the Court of\n\nCriminal Appeals after remand within thirty (30) days from entry of\n\njudgment by the district court disposing of the application for\n\npost-conviction relief;\n\n3. If a defendant does not file a writ of certiorari to the\n\nUnited States Supreme Court within ninety (90) days from a denial of\n\nstate post-conviction relief by the Oklahoma Court of Criminal\n\nAppeals;\n\n4. If a defendant does not file the first petition for a\n\nfederal writ of habeas corpus within sixty (60) days from a denial\n\nof the certiorari petition or from a decision by the United States\n\nSupreme Court from post-conviction relief;\n\n5. If a defendant does not file an appeal in the United States\n\nCourt of Appeals for the Tenth Circuit from a denial of a federal\n\nwrit of habeas corpus within seventy (70) days; or\n\n6. If a defendant does not file a petition for writ of\n\ncertiorari with the United States Supreme Court from a denial of the\n\nappeal of the federal writ of habeas corpus within ninety (90) days.\n\nB. The filing of a petition for rehearing in any federal court\n\nshall not serve to stay the execution dates or the time restraints\n\nset forth in the above section unless the defendant makes the\n\nshowing set forth in subsection C of this section. The provisions\n\nof subsection A do not apply to second or subsequent petitions or\n\nappeals filed in any court. The filing of a second or subsequent\n\npetition or appeal in any court does not prevent the setting of an\n\nexecution date.\n\nC. When an action challenging the conviction or sentence of\n\ndeath is pending before it, the Court of Criminal Appeals may stay\n\nan execution date, or issue any order which effectively stays an\n\nexecution date only upon a showing by the defendant that there\n\nexists a significant possibility of reversal of the defendant’s\n\nconviction, or vacation of the defendant’s sentence, and that\n\nirreparable harm will result if no stay is issued.\n\nD. Should a stay of execution be issued by any state or federal\n\ncourt, a new execution date shall be set by operation of law sixty\nch effectively stays an\n\nexecution date only upon a showing by the defendant that there\n\nexists a significant possibility of reversal of the defendant’s\n\nconviction, or vacation of the defendant’s sentence, and that\n\nirreparable harm will result if no stay is issued.\n\nD. Should a stay of execution be issued by any state or federal\n\ncourt, a new execution date shall be set by operation of law sixty\n\n(60) days after the dissolution of the stay of execution. The new\n\nexecution date shall be set by the Court of Criminal Appeals without\n\nnecessity of application by the state, but the Attorney General, on\n\nbehalf of the state, shall bring to the attention of the Court of\n\nCriminal Appeals the fact of the dissolution of a stay of execution\n\nand suggest the appropriateness of the setting of a new execution\n\ndate.\n\nE. After an execution date has been set pursuant to the\n\nprovisions of this section, should a stay of execution be issued by\n\nany state or federal court, a new execution date shall be set by\n\noperation of law thirty (30) days after the dissolution of the stay\n\nof execution. The new execution date shall be set by the Court of\n\nCriminal Appeals without necessity of application by the state, but\n\nthe Attorney General, on behalf of the state, shall bring to the\n\nattention of the Court of Criminal Appeals the fact of the\n\ndissolution of a stay of execution and suggest the appropriateness\n\nof setting a new execution date.\n\nF. After an execution date has been set pursuant to the\n\nprovisions of this section, should a stay of execution be issued by\n\nany state or federal court and then vacated by such court, the\n\nsentence of death shall be carried out as ordered prior to the\n\nissuance of such vacated stay of execution. If the prior execution\n\ndate has expired prior to the vacation of the stay of execution, a\n\nnew execution date shall be set by operation of law thirty (30) days\n\nafter the vacation of the stay of execution. The new execution date\n\nshall be set by the Court of Criminal Appeals without necessity of\n\napplication by the state, but the Attorney General, on behalf of the\n\nstate, shall bring to the attention of the Court of Criminal Appeals\n\nthe fact of a vacation of the stay of execution and suggest the\n\nappropriateness of the setting of a new execution date.\n\nG. After an execution date has been set pursuant to the\n\nprovisions of this section, should the Governor of the State of\n\nOklahoma issue a stay of execution pursuant to the powers\n\narticulated in Section 10 of Article VI of the Oklahoma\n\nConstitution, the Governor shall, simultaneous to the granting of\n\nthe stay, set a new execution date. The sentence of death shall be\n\ncarried out not more than thirty (30) days after the dissolution of\n\nthe stay of execution; however, nothing shall prevent the Governor\n\nfrom ordering the new execution date to be on the first day\n\nimmediately following dissolution of the stay.","path":["OK Code","Title 22"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os22.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"905764a2b396f4d76cd41d13fdef61593c0d387b3ab6a5b1c49501d30466a841","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-22-22-1001","next":"us-ok/okla.-stat.-tit.-22-22-1002"},"notice":"GroundRules: Original legal text. Not legal advice."}