{"data":{"id":"us-ok/okla.-stat.-tit.-22-22-1089","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 22, § 22-1089","heading":"Capital cases - Post - conviction relief - Grounds for","body":"appeal.\n\nA. The application for post-conviction relief of a defendant\n\nwho is under the sentence of death in one or more counts and whose\n\ndeath sentence has been affirmed or is being reviewed by the Court\n\nof Criminal Appeals in accordance with the provisions of Section\n\n701.13 of Title 21 of the Oklahoma Statutes shall be expedited as\n\nprovided in this section. The provisions of this section also apply\n\nto noncapital sentences in a case in which the defendant has\n\nreceived one or more sentences of death.\n\nB. The Oklahoma Indigent Defense System shall represent all\n\nindigent defendants in capital cases seeking post-conviction relief\n\nupon appointment by the appropriate district court after a hearing\n\ndetermining the indigency of any such defendant. When the Oklahoma\n\nIndigent Defense System or another attorney has been appointed to\n\nrepresent an indigent defendant in an application for post-\n\nconviction relief, the Clerk of the Court of Criminal Appeals shall\n\ninclude in its notice to the district court clerk, as required by\n\nSection 1054 of this title, that an additional certified copy of the\n\nappeal record is to be transmitted to the Oklahoma Indigent Defense\n\nSystem or the other attorney.\n\nC. The only issues that may be raised in an application for\n\npost-conviction relief are those that:\n\n1. Were not and could not have been raised in a direct appeal;\n\nand\n\n2. Support a conclusion either that the outcome of the trial\n\nwould have been different but for the errors or that the defendant\n\nis factually innocent.\n\nThe applicant shall state in the application specific facts\n\nexplaining as to each claim why it was not or could not have been\n\nraised in a direct appeal and how it supports a conclusion that the\n\noutcome of the trial would have been different but for the errors or\n\nthat the defendant is factually innocent.\n\nD. 1. The application for post-conviction relief shall be\n\nfiled in the Court of Criminal Appeals within ninety (90) days from\n\nthe date the appellee's brief on direct appeal is filed or, if a\n\nreply brief is filed, ninety (90) days from the filing of that reply\n\nbrief with the Court of Criminal Appeals on the direct appeal.\n\nWhere the appellant's original brief on direct appeal has been filed\n\nprior to November 1, 1995, and no application for post-conviction\n\nrelief has been filed, any application for post-conviction relief\n\nmust be filed in the Court of Criminal Appeals within one hundred\n\neighty (180) days of November 1, 1995. The Court of Criminal\n\nAppeals may issue orders establishing briefing schedules or enter\n\nany other orders necessary to extend the time limits under this\n\nsection in cases where the original brief on direct appeal has been\n\nfiled prior to November 1, 1995.\n\n2. All grounds for relief that were available to the applicant\n\nbefore the last date on which an application could be timely filed\n\nnot included in a timely application shall be deemed waived.\n\nNo application may be amended or supplemented after the time\n\nspecified under this section. Any amended or supplemental\n\napplication filed after the time specified under this section shall\n\nbe treated by the Court of Criminal Appeals as a subsequent\n\napplication.\n\n3. Subject to the specific limitations of this section, the\n\nCourt of Criminal Appeals may issue any orders as to discovery or\n\nany other orders necessary to facilitate post-conviction review.\n\n4. a. The Court of Criminal Appeals shall review the\n\napplication to determine:\n\n(1) whether controverted, previously unresolved\n\nfactual issues material to the legality of the\n\napplicant's confinement exist,\n\n(2) whether the applicant's grounds were or could\n\nhave been previously raised, and\n\n(3) whether relief may be granted under the Post-\n\nConviction Procedure Act.\n\nb. For purposes of this subsection, a ground could not\n\nhave been previously raised if:\nnresolved\n\nfactual issues material to the legality of the\n\napplicant's confinement exist,\n\n(2) whether the applicant's grounds were or could\n\nhave been previously raised, and\n\n(3) whether relief may be granted under the Post-\n\nConviction Procedure Act.\n\nb. For purposes of this subsection, a ground could not\n\nhave been previously raised if:\n\n(1) it is a claim of ineffective assistance of trial\n\ncounsel involving a factual basis that was not\n\nascertainable through the exercise of reasonable\n\ndiligence on or before the time of the direct\n\nappeal, or\n\n(2) it is a claim contained in an original timely\n\napplication for post-conviction relief relating\n\nto ineffective assistance of appellate counsel.\n\nAll claims of ineffective assistance of counsel shall be governed by\n\nclearly established law as determined by the United States Supreme\n\nCourt.\n\nIf the Court of Criminal Appeals determines that controverted,\n\npreviously unresolved factual issues material to the legality of the\n\napplicant's confinement do not exist, or that the claims were or\n\ncould have been previously raised, or that relief may not be granted\n\nunder the Post-Conviction Procedure Act and enters an order to that\n\neffect, the Court shall make findings of fact and conclusions of law\n\nor may order the parties to file proposed findings of fact and\n\nconclusions of law for the Court to consider on or before a date set\n\nby the Court that is not later than thirty (30) days after the date\n\nthe order is issued. The Court of Criminal Appeals shall make\n\nappropriate written findings of fact and conclusions of law not\n\nlater than fifteen (15) days after the date the parties filed\n\nproposed findings.\n\n5. If the Court of Criminal Appeals determines that\n\ncontroverted, previously unresolved factual issues material to the\n\nlegality of the applicant's confinement do exist, and that the\n\napplication meets the other requirements of paragraph 4 of this\n\nsubsection, the Court shall enter an order to the district court\n\nthat imposed the sentence designating the issues of fact to be\n\nresolved and the method by which the issues shall be resolved.\n\nThe district court shall not permit any amendments or\n\nsupplements to the issues remanded by the Court of Criminal Appeals\n\nexcept upon motion to and order of the Court of Criminal Appeals\n\nsubject to the limitations of this section.\n\nThe Court of Criminal Appeals shall retain jurisdiction of all\n\ncases remanded pursuant to the Post-Conviction Procedure Act.\n\n6. The district attorney's office shall have twenty (20) days\n\nafter the issues are remanded to the district court within which to\n\nfile a response. The district court may grant one extension of\n\ntwenty (20) days for good cause shown and may issue any orders\n\nnecessary to facilitate post-conviction review pursuant to the\n\nremand order of the Court of Criminal Appeals. Any applications for\n\nextension beyond the twenty (20) days shall be presented to the\n\nCourt of Criminal Appeals. If the district court determines that an\n\nevidentiary hearing should be held, that hearing shall be held\n\nwithin thirty (30) days from the date that the state filed its\n\nresponse. The district court shall file its decision together with\n\nfindings of fact and conclusions of law with the Court of Criminal\n\nAppeals within forty-five (45) days from the date that the state\n\nfiled its response or within forty-five (45) days from the date of\n\nthe conclusion of the evidentiary hearing.\n\n7. Either party may seek review by the Court of Criminal\n\nAppeals of the district court's determination of the issues remanded\n\nby the Court of Criminal Appeals within ten (10) days from the entry\n\nof judgment. Such party shall file a notice of intent to seek\n\nreview and a designation of record in the district court within ten\n(45) days from the date of\n\nthe conclusion of the evidentiary hearing.\n\n7. Either party may seek review by the Court of Criminal\n\nAppeals of the district court's determination of the issues remanded\n\nby the Court of Criminal Appeals within ten (10) days from the entry\n\nof judgment. Such party shall file a notice of intent to seek\n\nreview and a designation of record in the district court within ten\n\n(10) days from the entry of judgment. A copy of the notice of\n\nintent to seek review and the designation of the record shall be\n\nserved on the court reporter, the petitioner, the district attorney,\n\nand the Attorney General, and shall be filed with the Court of\n\nCriminal Appeals. A petition in error shall be filed with the Court\n\nof Criminal Appeals by the party seeking review within thirty (30)\n\ndays from the entry of judgment. If an evidentiary hearing was\n\nheld, the court reporter shall prepare and file all transcripts\n\nnecessary for the appeal within sixty (60) days from the date the\n\nnotice and designation of record are filed. The petitioner's brief-\n\nin-chief shall be filed within forty-five (45) days from the date\n\nthe transcript is filed in the Court of Criminal Appeals or, if no\n\nevidentiary hearing was held, within forty-five (45) days from the\n\ndate of the filing of the notice. The respondent shall have twenty\n\n(20) days thereafter to file a response brief. The district court\n\nclerk shall file the records on appeal with the Court of Criminal\n\nAppeals on or before the date the petitioner's brief-in-chief is\n\ndue. The Court of Criminal Appeals shall issue an opinion in the\n\ncase within one hundred twenty (120) days of the filing of the\n\nresponse brief or at the time the direct appeal is decided. If no\n\nreview is sought within the time specified in this section, the\n\nCourt of Criminal Appeals may adopt the findings of the district\n\ncourt and enter an order within fifteen (15) days of the time\n\nspecified for seeking review or may order additional briefing by the\n\nparties. In no event shall the Court of Criminal Appeals grant\n\npost-conviction relief before giving the state an opportunity to\n\nrespond to any and all claims raised to the Court.\n\n8. If an original application for post-conviction relief is\n\nuntimely or if a subsequent application for post-conviction relief\n\nis filed after filing an original application, the Court of Criminal\n\nAppeals may not consider the merits of or grant relief based on the\n\nuntimely original application, or a subsequent application, unless:\n\na. the application contains claims and issues that have\n\nnot been and could not have been presented previously\n\nin a timely original application or in a previously\n\nconsidered application filed under this section,\n\nbecause the legal basis for the claim was unavailable,\n\nor\n\nb. (1) the application contains sufficient specific\n\nfacts establishing that the current claims and\n\nissues have not and could not have been presented\n\npreviously in a timely original application or in\n\na previously considered application filed under\n\nthis section, because the factual basis for the\n\nclaim was unavailable as it was not ascertainable\n\nthrough the exercise of reasonable diligence on\n\nor before that date, and\nntains sufficient specific\n\nfacts establishing that the current claims and\n\nissues have not and could not have been presented\n\npreviously in a timely original application or in\n\na previously considered application filed under\n\nthis section, because the factual basis for the\n\nclaim was unavailable as it was not ascertainable\n\nthrough the exercise of reasonable diligence on\n\nor before that date, and\n\n(2) the facts underlying the claim, if proven and\n\nviewed in light of the evidence as a whole, would\n\nbe sufficient to establish by clear and\n\nconvincing evidence that, but for the alleged\n\nerror, no reasonable fact finder would have found\n\nthe applicant guilty of the underlying offense or\n\nwould have rendered the penalty of death.\n\nThe provisions of this paragraph shall apply irrespective of the\n\nnature of the claims raised in the application and shall include\n\njurisdictional claims. The provisions of this paragraph shall also\n\napply to any post-conviction application filed on or after the\n\neffective date of this act.\n\n9. For purposes of the Post-Conviction Procedure Act, a legal\n\nbasis of a claim is unavailable on or before a date described by\n\nthis subsection if the legal basis:\n\na. was not recognized by or could not have been\n\nreasonably formulated from a final decision of the\n\nUnited States Supreme Court, a court of appeals of the\n\nUnited States, or a court of appellate jurisdiction of\n\nthis state on or before that date, or\n\nb. is a new rule of constitutional law that was given\n\nretroactive effect by the United States Supreme Court\n\nor a court of appellate jurisdiction of this state and\n\nhad not been announced on or before that date.\n\nE. All matters not specifically governed by the provisions of\n\nthis section shall be subject to the provisions of the Post-\n\nConviction Procedure Act. If the provisions of this section\n\nconflict with the provisions of the Post-Conviction Procedure Act,\n\nthe provisions of this section shall govern.","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":"07114044b6a4984af545b88853c7906dc40f5b69c488ebeac66c005c8ac5a414","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-22-22-1088.1","next":"us-ok/okla.-stat.-tit.-22-22-1089.1"},"notice":"GroundRules: Original legal text. Not legal advice."}