Procedure - Scope of review on certiorari. A. An appeal to the Court of Criminal Appeals may be taken by the defendant, as a matter of right from any judgment against the defendant, which shall be taken as herein provided; and, upon the appeal, any decision of the court or intermediate order made in the progress of the case may be reviewed; provided further, all appeals taken from any conviction on a plea of guilty shall be taken by petition for writ of certiorari to the Court of Criminal Appeals, as provided in subsection B of this section; provided, the petition must be filed within ninety (90) days from the date of the conviction. The Court of Criminal Appeals may take jurisdiction of any case for the purpose of correcting the appeal records when the same do not disclose judgment and sentence; such jurisdiction shall be for the sole purpose of correcting the defect or defects. B. 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 provide by court rules, which will have the force of statute, and be in furtherance of this method of appeal: 1. The procedure to be followed by the trial courts in the preparation and authentication of transcripts and records in cases appealed under this act; 2. The procedure to be followed for the completion and submission of the appeal taken hereunder; and 3. The procedure to be followed for filing a petition for and the issuance of a writ of certiorari. C. The scope of review to be afforded on certiorari shall be prescribed by the Court of Criminal Appeals. D. The defendant may appeal to the Court of Criminal Appeals from the denial of a pretrial motion seeking immunity from prosecution pursuant to subsection F of Section 1289.25 of Title 21 of the Oklahoma Statutes within ten (10) days of the denial of the motion. Priority shall be given to appeals taken pursuant to this subsection and an order staying proceedings shall be entered pending the outcome of the appeal. If an appeal is not brought within ten (10) days of the denial, the defendant waives appellate review of his or her claim of immunity from prosecution and subsequent motions and appeals pursuant to this subsection shall be dismissed. R.L. 1910, § 5988. Amended by Laws 1965, c. 113, § 1, emerg. eff. May 19, 1965; Laws 1970, c. 157, §§ 1, 2; Laws 2022, c. 209, § 1, eff. Nov. 1, 2022.
Notes of Decisions
Clayton v. Jones, 700 F.3d 435 (10th Cir. 2012).
· cites it 2× “1998) (citing Okla. Stat. Ann. tit. 22 § 1051). First, however, the defendant must file an application in the trial court to withdraw his plea within ten days of the judgment and sentence, with a request for an evidentiary hearing.”
Gonseth v. State, 871 P.2d 51 (Okla. Crim. App. 1994).
· cites it 4× “1991, § 991c, which deals with deferred judgments; and 22 O.S.1991, § 1051, governing appeals. Section 991c reads in pertinent part: Upon a verdict or plea of guilty or upon a plea of nolo contendere, but before a judgment of guilt, the court may, without entering a judgment of…”
Triplet v. Franklin, 365 F. App'x 86 (10th Cir. 2010).
· cites it 3× “See Okla. Stat. Ann. tit. 22, § 1051 (a) (2004) (“An appeal to the Court of Criminal Appeals may be taken by the defendant, as a matter of right from any judgment against him.”
Fisher v. Gibson, 262 F.3d 1135 (10th Cir. 2001).
“Each of Fisher’s three convictions was not, however, appealed and therefore became final ten days after entry of Judgment and Sentence, see Okla. Stat. tit. 22, § 1051 ; Rule 4.2, Rules of the Court of Criminal Appeals, Okla.”
Bobby Joe Hickman v. Denise Spears, 160 F.3d 1269 (10th Cir. 1998).
· cites it 2× “See Okla. Stat. Ann. tit. 22, § 1051 . To commence obtaining a writ of certiorari to appeal a guilty plea conviction, the petitioner must file an application to withdraw the plea within ten days of the judgment and sentence.”
Mcneely v. State, 2018 OK CR 18, 422 P.3d 1272.
· cites it 2× “2011, § 1051(a) establishes a criminal defendant's statutory right to appeal from a judgment against him or her and provides in relevant part: An appeal to the Court of Criminal Appeals may be taken by the defendant, as a matter of right from any judgment against him, which…”
Meyer v. Engle, 2016 OK CR 1, 369 P.3d 37.
· cites it 3× “22 O.S.2011, § 1051(b). These Rules have the force and effect of statute.”
Stevens v. State, 2018 OK CR 11, 422 P.3d 741.
“22 O.S.2011, § 1051, § 1066 ; Rule 1.2(A)(5), Rules of the Oklahoma Court of Criminal Appeals , Title 22, Ch.”
Thacker v. Workman, 678 F.3d 820 (10th Cir. 2012).
“Second, an Oklahoma capital defendant who enters a plea of guilty may challenge his conviction by way of a certiorari appeal.”
Lockett v. State, 2014 OK CR 3, 329 P.3d 755.
· cites it 2× “"); 22 O.S.2011, § 1051 ("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 .”
Weeks v. State, 2015 OK CR 16, 362 P.3d 650.
“3d 387, 389 ; 22 O.S.2011, § 1051. A petitioner must first file "an application to withdraw the plea within teri (10) days from the date of the pronouncement of the Judgment and Sentence, setting forth in detail the grounds for the withdrawal: of the plea.”
Okla. Stat. tit. 22, § 1051(B): 2 cases
Okla. Stat. tit. 22, § 1051(D): 2 cases
Okla. Stat. tit. 22, § 1051(a): 9 cases
Mcneely v. State, 2018 OK CR 18, 422 P.3d 1272.
“2011, § 1051(a) establishes a criminal defendant's statutory right to appeal from a judgment against him or her and provides in relevant part: An appeal to the Court of Criminal Appeals may be taken by the defendant, as a matter of right from any judgment against him, which…”
Clayton v. Jones, 700 F.3d 435 (10th Cir. 2012).
“1998) (citing Okla. Stat. Ann. tit. 22 § 1051). First, however, the defendant must file an application in the trial court to withdraw his plea within ten days of the judgment and sentence, with a request for an evidentiary hearing.”
Gonseth v. State, 871 P.2d 51 (Okla. Crim. App. 1994).
“1991, § 991c, which deals with deferred judgments; and 22 O.S.1991, § 1051, governing appeals. Section 991c reads in pertinent part: Upon a verdict or plea of guilty or upon a plea of nolo contendere, but before a judgment of guilt, the court may, without entering a judgment of…”
Okla. Stat. tit. 22, § 1051(b): 11 cases
Meyer v. Engle, 2016 OK CR 1, 369 P.3d 37.
“22 O.S.2011, § 1051(b). These Rules have the force and effect of statute.”
Okla. Stat. tit. 22, § 1051(b)(8): 1 case
Gonseth v. State, 871 P.2d 51 (Okla. Crim. App. 1994).
“1991, § 991c, which deals with deferred judgments; and 22 O.S.1991, § 1051, governing appeals. Section 991c reads in pertinent part: Upon a verdict or plea of guilty or upon a plea of nolo contendere, but before a judgment of guilt, the court may, without entering a judgment of…”
Okla. Stat. tit. 22, § 1051(c): 1 case
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