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Oklahoma Court of Civil Appeals hears appeals in civil cases. Decisions from this court may be further appealed to the Oklahoma Supreme Court. [1] Oklahoma Court of Criminal Appeals hears appeals in criminal cases. This is the highest court for criminal cases in Oklahoma; decisions from this court can only be appealed to the Supreme Court of ...
The First Legislature of Oklahoma (1907–1908), through House Bill 397, established the Criminal Court of Appeals and granted it the exclusive appellate jurisdiction in criminal cases. House Bill 397 provided that should the constitutionality of a criminal case be in question, the Criminal Court of Appeals would turn the issue over to the ...
The second is the collateral appeal or post-conviction petition, in which the petitioner-appellant files the appeal in a court of first instance—usually the court that tried the case. The key distinguishing factor between direct and collateral appeals is that the former occurs in state courts, and the latter in federal courts.
CORRECTION (Jan. 22, 2024, 3:18 p.m. ET): A previous version of this article misstated when an Oklahoma appeals court upheld Glossip’s death sentence. It was last year, not earlier this year. It ...
Now, in a dramatic case before the U.S. Supreme Court, Glossip will be joined by the state of Oklahoma -- which had sought his death for decades -- in seeking to overturn his 1998 conviction in a ...
The Oklahoma Court of Criminal Appeals last year declined the attorney general’s request to set aside Glossip’s conviction. ... The first conviction was set aside by an Oklahoma court which ...
Regardless of where the appeal comes from, the Court of Criminal Appeals is always the first court to hear an appeal involving the death sentence. Whenever there is a dispute involving whether a case falls under the jurisdiction of the Oklahoma Supreme Court or Court of Criminal Appeals, the Supreme Court determines, finally and authoritatively ...
Appeals and post-conviction cases, by their very nature, focus on legal errors, not factual disputes. Indeed, it is unclear whether proof of actual innocence is, in and of itself, grounds for appellate reversal. Herrera v. Collins, 506 U.S. 390 (1993) Convicted persons have two avenues for attacking the validity of their conviction or sentence.