{"data":{"id":"us-ok/okla.-stat.-tit.-44-44-862","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 44, § 44-862","heading":"Appeal by the State of Oklahoma","body":"ARTICLE 62. Appeal by the State of Oklahoma.\n\nA. 1. In a trial by general or special court-martial, or in a\n\npretrial proceeding under Section 830A of this title (Article 30A),\n\nthe State of Oklahoma may appeal the following:\n\na. an order or ruling of the military judge which\n\nterminates the proceedings with respect to a charge or\n\nspecification,\n\nb. an order or ruling which excludes evidence that is\n\nsubstantial proof of a fact material in the\n\nproceeding,\n\nc. an order or ruling which directs the disclosure of\n\nclassified or confidential information,\n\nd. an order or ruling which imposes sanctions for\n\nnondisclosure of classified or confidential\n\ninformation,\n\ne. a refusal of the military judge to issue a protective\n\norder sought by the State of Oklahoma to prevent the\n\ndisclosure of classified or confidential information,\n\nf. a refusal by the military judge to enforce an order\n\ndescribed in subparagraph e of this paragraph that has\n\npreviously been issued by appropriate authority, and\n\ng. an order or ruling of the military judge entering a\n\nfinding of not guilty with respect to a charge or\n\nspecification following the return of a finding of\n\nguilty by the members.\n\n2. a. An appeal of an order or ruling may not be taken\n\nunless the trial counsel provides the military judge\n\nwith written notice of appeal from the order or ruling\n\nwithin seventy-two (72) hours of the order or ruling.\n\nSuch notice shall include a certification by the trial\n\ncounsel that the appeal is not taken for the purpose\n\nof delay and (if the order or ruling appealed is one\n\nwhich excludes evidence) that the evidence excluded is\n\nsubstantial proof of a fact material in the\n\nproceeding.\n\nb. An appeal of an order or ruling may not be taken when\n\nprohibited by Section 844 of this title (Article 44).\n\n3. An appeal under this section shall be diligently prosecuted\n\nby appellate government counsel.\n\nB. An appeal under this section shall be forwarded by a means\n\nprescribed under regulations of the Adjutant General directly to the\n\nMilitary Court of Appeals and shall, whenever practicable, have\n\npriority over all other proceedings before that court. In ruling on\n\nan appeal under this section, the Military Court of Appeals may act\n\nonly with respect to matters of law.\n\nC. Any period of delay resulting from an appeal under this\n\nsection shall be excluded in deciding any issue regarding denial of\n\na speedy trial unless an appropriate authority determines that the\n\nappeal was filed solely for the purpose of delay with the knowledge\n\nthat it was totally frivolous and without merit.\n\nD. The provisions of this section shall be liberally construed\n\nto effect its purposes.","path":["OK Code","Title 44"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os44.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"de1d000b69b87a500ed7f2c3e0cc0963adeaead7c4a3834f9a1e408bfa8a97fc","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-44-44-861","next":"us-ok/okla.-stat.-tit.-44-44-863"},"notice":"GroundRules: Original legal text. Not legal advice."}