Okla. Stat. » Title 20 — COURTS
Oklahoma Statutes

Okla. Stat. tit. 20, § 3001.1 (2026)

Setting aside judgment on ground of misdirection of

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jury or error in pleading or procedure. No judgment shall be set aside or new trial granted by any appellate court of this state in any case, civil or criminal, on the ground of misdirection of the jury or for error in any matter of pleading or procedure, unless it is the opinion of the reviewing court that the error complained of has probably resulted in a miscarriage of justice, or constitutes a substantial violation of a constitutional or statutory right. Added by Laws 1980, c. 9, § 1.

Notes of Decisions
Cited in 181 cases (26 in the last 5 years), 1981–2026 · leading case: Hogan v. State, 2006 OK CR 19, 139 P.3d 907.
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Hogan v. State, 2006 OK CR 19, 139 P.3d 907. · cites it 8× “3d 404, 409 ; 20 O.S.2001, § 3001.1. To be entitled to relief under the plain error doctrine, Hogan must prove: 1) the existence of an actual error (i.”
Nicholson v. State, 2018 OK CR 10, 421 P.3d 890. · cites it 8× “" 20 O.S.2011, § 3001.1 (emphasis added). The correction of unpreserved error always remains a matter of discretion, rather than legal right, and is generally warranted only when the error "seriously affect[s] the fairness, integrity or public reputation of judicial proceedings .”
Simpson v. State, 876 P.2d 690 (Okla. Crim. App. 1994). · cites it 6× “on the ground of misdirection of the jury or for error in any matter of pleading or procedure, unless it is the opinion of the reviewing court that the error complained of has probably resulted in a miscarriage of justice, or constitutes a substantial violation of a…”
In the Matter of K. H., 2021 OK 33, 507 P.3d 647. · cites it 9× “" 20 O.S.2011 § 3001.1. In a parental rights termination case challenging a jury instruction and a procedural matter, 16 the trial court's judgment may be reversed "when error constitutes a substantial violation of a constitutional or statutory right.”
Waggoner v. Town & Country Mobile Homes, Inc., 808 P.2d 649 (Okla. 1990). · cites it 8× “1, requires an appellate court to affirm a jury verdict challenged on the ground of misdirection, unless the erroneous jury instruction has resulted in a miscarriage of justice or constitutes a substantial violation of a fundamental constitutional or statutory rights of the…”
Gordon v. State, 2019 OK CR 24, 451 P.3d 573. · cites it 6× “20 O.S.2011, § 3001.1. 4 FOOTNOTES 1 E.g.”
Capshaw v. Gulf Ins. Co., 2005 OK 5, 107 P.3d 595. · cites it 4× “[13] It then references the terms of *600 20 O.S.2001 § 3001.1, [14] whose review standard deals with appellate reversal of a jury verdict by granting a new trial.”
Parker v. State, 2021 OK CR 17, 495 P.3d 653. · cites it 4× “; 20 O.S.2011, § 3001.1. Because the district court did not err in its ruling, Parker is not entitled to relief for plain error.”
Coddington v. State, 2011 OK CR 17, 254 P.3d 684. · cites it 4× “Oklahoma has a similar statute, 20 O.S.2001, § 3001.1, which states: "No judgment shall be set aside or new trial granted by any appellate court of this state in any case, civil or criminal, on the ground of misdirection of the jury or for error in any matter of pleading or…”
Phillips v. State, 1999 OK CR 38, 989 P.2d 1017. · cites it 4× “See 20 O.S.1991, § 3001.1 (statutory violations subject to harmless error analysis).”
Dodd v. State, 2000 OK CR 2, 993 P.2d 778. · cites it 6× “Just as this Court is bound to apply the provisions of the Oklahoma Evidence Code and the Oklahoma Criminal Discovery Code, it is also bound to apply the provisions of 20 O.S.1991, § 3001.1, which prohibits the reversal of a case unless "the error complained of has probably…”
Lamar v. State, 2018 OK CR 8, 419 P.3d 283. · cites it 2× “3d 392, 395 ; 20 O.S.2011, § 3001.1. This Court will only correct plain error if the error seriously affects the fairness, integrity or public reputation of the judicial proceedings or otherwise represents a miscarriage of justice.”
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