Okla. Stat. » Title 22 — CRIMINAL PROCEDURE
Oklahoma Statutes

Okla. Stat. tit. 22, § 1053.1 (2026)

Automatic appeal of judgments holding statutes

✓ current as of July 2026
Find cases: SyfertCases citing this section OK-LEGoklegislature.gov JustiaOkla. Stat. CornellLII Search CasesGoogle Scholar

unconstitutional in criminal actions. Any final judgment entered by a district court in a criminal action rendering an act of the State Legislature to be unconstitutional shall be automatically appealed to the Court of Criminal Appeals, unless said act has been previously declared unconstitutional by said Court of Criminal Appeals. Such appeals shall be by the district attorney upon a reserved question of law. Laws 1975, c. 270, § 1, eff. Oct. 1, 1975.

Notes of Decisions
Cited in 20 cases, 1975–2018 · leading case: State v. Johnson, 877 P.2d 1136 (Okla. Crim. App. 1994).
Sort: Relevance Newest Treatment
State v. Johnson, 877 P.2d 1136 (Okla. Crim. App. 1994). · cites it 6× “At the outset of that opinion, this Court noted that the appeal could not be brought under 22 O.S.Supp. 1975, § 1053.1, for the reason that that section became effective October 1, 1975, after the order which was entered on June 9, 1975.”
State v. Cooper, 2018 OK CR 40 (Okla. Crim. App. 2018). · cites it 2× “Judge Mills then ordered the case stricken from the upcoming jury trial docket, formally dismissed the case and exonerated Appellee's bond.”
State v. Pratt, 816 P.2d 1149 (Okla. Crim. App. 1991). · cites it 2× “OPINION JOHNSON, Judge: The State, under a reserved question of law (22 O.S.1981, § 1053.1), is appealing a ruling of Special Judge William Musseman in the District Court of Tulsa County.”
State Ex Rel. Coats v. Johnson, 597 P.2d 328 (Okla. Crim. App. 1979). · cites it 2× “2 and 1112(b), unconstitutional on the grounds (1) that the statutes deny equal protection of the law; (2) that Section 1112(b) creates a constitutionally impermissible presumption that 16 and 17-year-old accused of serious crimes should be treated as adults; (3) that the…”
State v. Madden, 562 P.2d 1177 (Okla. Crim. App. 1977). · cites it 2× “An appeal was lodged by the District Attorney of Cleveland County in this Court under the provisions of 22 O.S.Supp. 1975, § 1053.1: “Any final judgment entered by a district court in a criminal action rendering an *1179 act of the State Legislature to be unconstitutional shall…”
State v. Howerton, 2002 OK CR 17 (Okla. Crim. App. 2002). “On July 16, 2001, this Court ordered that, despite the fact that the Petition in Error was not timely filed, the portion of the State's appeal brought pursuant to 22 O.S.1991, § 1053.1 (providing for automatic appeals in matters where a district court has determined an act of…”
State v. Hunter, 787 P.2d 864 (Okla. Crim. App. 1990). “The State appeals both rulings pursuant to the automatic appeal provisions of 22 O.S.1981, § 1053.1. The two separate appeals are consolidated herein for review.”
State v. Claborn, 870 P.2d 169 (Okla. Crim. App. 1994). “After considering the arguments presented by all interested parties, the trial judge declared unconstitutional the statutory sections at issue.”
City of Nichols Hills v. Richardson, 939 P.2d 17 (Okla. Crim. App. 1997). “City now appeals upon a reserved question of law pursuant to 22 O.S.1991, § 1053.1. The stipulated facts include: 1.”
State v. Johnson, 765 P.2d 1226 (Okla. Crim. App. 1988). · cites it 2× “OPINION PARKS, Judge: The State, under a reserved question of law (22 O.S.1981, § 1053.1), is appealing a decision of the District Court of Tulsa County which dismissed Case No.”
State v. Ballard, 868 P.2d 738 (Okla. Crim. App. 1994). “1990, § 1053 and 22 O.S.1981, § 1053.1. We reverse the judgment of the district court, and hold that the complained-of statute is constitutional.”
State v. Neasbitt, 735 P.2d 337 (Okla. Crim. App. 1987). “22 O.S.1981, § 1053.1. The appellee, Delilah Gean Neasbitt, was tried in the District Court of Marshall County for Operating a Motor Vehicle While Under the Influence of Intoxicating Liquor, Second and Subsequent/After Former Conviction of Operating a Motor Vehicle While Under…”
Show all 20 citing cases →
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.