Oklahoma Statutes

Okla. Stat. tit. 20, § 40 (2026)

Appellate jurisdiction

✓ current as of July 2026

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The Criminal Court of Appeals shall have exclusive appellate jurisdiction, co-extensive with the limits of the state, in all criminal cases appealed from the district, superior and county courts, and such other courts of record as may be established by law. R.L. 1910, § 1769.

Notes of Decisions

Cited in 28 cases (1 in the last 5 years), 1956–2026 · leading case: Lockett v. State, 2014 OK CR 3 (Okla. Crim. App. 2014).

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Lockett v. State, 2014 OK CR 3 (Okla. Crim. App. 2014). · cites it 3× “7, § 4; 20 O.S.2011, § 40. Our authority to grant a stay of execution is limited by 22 O.”

Cohee v. State, 942 P.2d 211 (Okla. Crim. App. 1997). · cites it 2× “20 O.S.1991, § 40. We also may issue writs when they are necessary to exercise our original jurisdiction.”

Dutton v. City of Midwest City, 2015 OK 51 (Okla. 2015). “20 O.S.2011 § 40: "The Court of Criminal Appeals shall have exclusive appellate jurisdiction, coextensive with the limits of the state, in all criminal cases appealed from the district, superior and county courts, and such other courts of record as may be established by law.”

Robert A. Brecheen v. Dan Reynolds, Warden of the Oklahoma State Penitentiary, 41 F.3d 1343 (10th Cir. 1994). “Brecheen’s counsel asserted twenty-four errors on direct appeal: (1) lack of fair trial for denial of change of venue; (2) improper for cause excusal of venireman; (3) insufficient evidence of "breaking” element of burglary; (4) — (5) improper instructions concerning the…”

Meyer v. Engle, 2016 OK CR 1 (Okla. Crim. App. 2016). · cites it 2× “2011, § 40 ("The Court of Criminal Appeals shall have exclusive appellate jurisdiction, coextensive with the limits of the state, in all criminal cases appealed from the district, superior and county courts, and such other courts of record as may be established by law.”

State v. Bezdicek, 2002 OK CR 28 (Okla. Crim. App. 2002). · cites it 2× “All other provisions of the Constitution or the laws of this state in conflict with the provisions of this constitutional amendment are hereby expressly repealed.”

Duvall v. State, 871 P.2d 1386 (Okla. Crim. App. 1994). · cites it 2× “VII, § 4 and 20 O.S.1991, § 40, Petitioner overlooks another applicable statute, which provides: The procedure for the filing of an appeal in the Court of Criminal Appeals shall be as provided in the Rules of the Court of Criminal Appeals; and the Court of Criminal Appeals shall…”

Alexander v. Lucas, 259 F. App'x 145 (10th Cir. 2007). “7 § 4; Okla.Stat. tit. 20 § 40. Its judgment on Mr.”

State v. Young, 1999 OK CR 14 (Okla. Crim. App. 1999). “” 20 O.S.1991, § 40. However, as the state appellate court with exclusive jurisdiction in criminal matters, our primary role, in addition to reviewing the trial record for any alleged errors, is to announce and apply principled rules to guide our state’s citizens, trial courts…”

Carder v. Court of Crim. Appeals, 595 P.2d 416 (Okla. 1978). “25 , 109 P. 736 (1910); Dancy v. Owens, supra.”

McCarty v. State, 1999 OK CR 18 (Okla. Crim. App. 1998). “20 O.S.1991, § 40. It is regrettable when a trial judge’s human imperfections in the course of a trial might raise the specter of a lack of impartiality, but here we must ascertain whether the court’s actions were prejudicial to a constitutional degree.”

Faron Joseph Bear v. Bobby Boone, Warden, Mack Alford Corr. Ctr. Attorney Gen. of the State of Oklahoma, 173 F.3d 782 (10th Cir. 1999). “See Okla. Stat. Ann. tit. 20, § 40 (West 1991).”

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