{"data":{"id":"us-ok/okla.-stat.-tit.-44-44-867","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 44, § 44-867","heading":"Review by the Oklahoma Court of Criminal Appeals","body":"ARTICLE 67. Review by the Oklahoma Court of Criminal Appeals.\n\nA. Powers as court of last resort. The Oklahoma Court of\n\nCriminal Appeals shall be the court of last resort for all general\n\nand special courts-martial convened by the state military forces.\n\nIn reviewing petitions or appeals granted pursuant to this section,\n\nthe Oklahoma Court of Criminal Appeals shall have and shall exercise\n\nall powers granted to the Court under the Oklahoma Statutes and the\n\nOklahoma Constitution. The provisions of Title 22 of the Oklahoma\n\nStatutes establishing criminal procedure in the district courts of\n\nthe state shall not apply to court-martial proceedings convened\n\npursuant to this Code. Where provisions of Title 22 of the Oklahoma\n\nStatutes establishing appellate procedures in the Oklahoma Court of\n\nCriminal Appeals conflict with any appellate provisions within this\n\nCode, the conflicting provisions in Title 22 of the Oklahoma\n\nStatutes shall not apply to appellate proceedings arising from\n\ncourt-martial proceedings convened pursuant to this Code.\n\nB. Petition for Review. Except as provided in subsection C of\n\nthis section for appeals arising from a guilty plea, a decision of\n\nthe Military Court of Appeals may be reviewed by the Oklahoma Court\n\nof Criminal Appeals upon the filing of an appeal in the form of a\n\nPetition for Review if a majority of judges on the Oklahoma Court of\n\nCriminal Appeals directs that such Petition for Review shall be\n\ngranted. Decisions of the Military Court of Appeals shall be final\n\nunless a Petition for Review is granted by the Oklahoma Court of\n\nCriminal Appeals or a writ of certiorari is granted pursuant to\n\nsubsection C of this section.\n\nC. Appeals arising from guilty plea. All appeals taken from\n\nany conviction on a plea of guilty shall first be decided by the\n\nMilitary Court of Appeals. In the event the conviction arising from\n\na plea of guilty is upheld by the Court of Military Appeals, an\n\nappeal may be taken by petition for writ of certiorari to the\n\nOklahoma Court of Criminal Appeals, as provided in subsection D of\n\nthis section; provided, such petition must be filed within ninety\n\n(90) days from the date of said conviction. The Oklahoma Court of\n\nCriminal Appeals may take jurisdiction of any case for the purpose\n\nof correcting the appeal records when the same do not disclose\n\njudgment and sentence; such jurisdiction shall be for the sole\n\npurpose of correcting such defect or defects.\n\nD. Procedures established by court rules. The procedures for\n\nfiling a Petition for Review or appeal made pursuant to subsection B\n\nor C of this section shall be as provided in the Rules of the Court\n\nof Criminal Appeals; and the Oklahoma Court of Criminal Appeals\n\nshall provide by court rules, which shall have the force of statute:\n\n1. The procedure to be followed by the courts-martial in the\n\npreparation and authentication of transcripts and records in cases\n\nappealed under the Oklahoma Uniform Code of Military Justice;\n\n2. The procedure to be followed by the Court of Military\n\nAppeals in the preparation of the record in cases brought up on\n\nappeal to the Oklahoma Court of Criminal Appeals under the Code;\n\n3. The procedure to be followed for the completion and\n\nsubmission of the Petition for Review or such other appeals lodged\n\npursuant to the Code; and\n\n4. The procedure to be followed for filing a petition for and\n\nthe issuance of a writ of certiorari.\n\nE. Scope of review on certiorari. The scope of review to be\n\nafforded on certiorari shall be prescribed by the Oklahoma Court of\n\nCriminal Appeals.\n\nF. Additional proceedings. If the Oklahoma Court of Criminal\n\nAppeals determines that additional proceedings are warranted, the\n\nOklahoma Court of Criminal Appeals may order a hearing, rehearing or\n\nother proceedings in accordance with the Rules of the Court of\n\nCriminal Appeals.\n\nG. Action in accordance with decisions of the Oklahoma Court of\nrescribed by the Oklahoma Court of\n\nCriminal Appeals.\n\nF. Additional proceedings. If the Oklahoma Court of Criminal\n\nAppeals determines that additional proceedings are warranted, the\n\nOklahoma Court of Criminal Appeals may order a hearing, rehearing or\n\nother proceedings in accordance with the Rules of the Court of\n\nCriminal Appeals.\n\nG. Action in accordance with decisions of the Oklahoma Court of\n\nCriminal Appeals. The State Judge Advocate shall instruct the\n\nappropriate authority to take action in accordance with the decision\n\nof the Oklahoma Court of Criminal Appeals.","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":"8c1ffded31b2666a07927dc95e2b30f94e9ea088bd1aa6343b1e2e9faa34af34","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-44-44-866","next":"us-ok/okla.-stat.-tit.-44-44-869"},"notice":"GroundRules: Original legal text. Not legal advice."}