Oklahoma Statutes
Okla. Stat. tit. 22, § 1087 (2026)
Appeal to Court of Criminal Appeals
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A final judgment entered under this act may be appealed to the Court of Criminal Appeals on petition in error filed either by the applicant or the state within thirty (30) days from the entry of the judgment. Upon motion of either party on filing of notice of intent to appeal, within ten (10) days of entering the judgment, the district court may stay the execution of the judgment pending disposition on appeal; provided, the Court of Criminal Appeals may direct the vacation of the order staying the execution prior to final disposition of the appeal. Laws 1970, c. 220, § 8, eff. July 1, 1970.
Notes of Decisions
Cited in 42
cases (8 in the last 5 years), 1971–2026 · leading case: Dubuc v. Sirmons, 2001 OK 57, 93 P.3d 780.
Dubuc v. Sirmons, 2001 OK 57, 93 P.3d 780. “22 O.S.1991 § 1087; Rule 5.2(C)(2), Rules of the Oklahoma Court of Criminal Appeals, 22 O.”
Bowen v. State, 606 P.2d 589 (Okla. Crim. App. 1980). “In the event that decision is adverse to the applicant and relief is denied, that denial may be appealed to this Court under the provision of 22 O.S.1971, § 1087, and Rule 4 of the Rules of this Court.”
Moore v. Gibson, 250 F.3d 1295 (10th Cir. 2001). “2d at 989 (citing Okla. Stat.Ann. tit. 22, § 1087). 1 The issue before us, determining when an initial application for post-conviction review in .”
Battenfield v. State, 1998 OK CR 8, 953 P.2d 1123. “1994, §§ 1080-89 rather than under the amended Capital Post-Conviction statutes presently codified in 22 O.S.Supp.1996, §§ 1087 and 1089 which went into effect after Battenfield's case was filed.”
Banks v. State, 1998 OK CR 5, 953 P.2d 344. “22 O.S.1991,§ 1087. 4 . This Court has consistently applied the standards in Smith v.”
Hunnicutt v. State, 952 P.2d 988 (Okla. Crim. App. 1997). “Additionally, it must be noted that a jurisdictional prerequisite is imposed upon this Court by 22 O.S.1991, § 1087. Section' 1087 does not allow this Court to entertain a post-conviction appeal unless that appeal is “filed” within thirty days of judgment.”
Carter v. State, 595 P.2d 1352 (Okla. Crim. App. 1979). “In the event that decision is adverse to the applicant and relief is denied, that denial may be appealed to this Court under the provisions of 22 O.S.1971, § 1087, and Rule 4 of the Rules of this Court.”
White v. State, 774 P.2d 1072 (Okla. Crim. App. 1989). “Appellant has perfected this appeal purusuant to the Post-Conviction Procedure Act, 22 O.S.1981, § 1087. On October 16, 1985, Appellant pled guilty to the felony charge of Manslaughter in the First Degree.”
Jones v. State, 668 P.2d 1170 (Okla. Crim. App. 1983). “The State’s appeal was not filed within thirty (30) days of the district court’s order, 22 O.S.1981, § 1087, and is therefore dismissed.”
Christopher Todd Williams v. Gary Gibson Attorney Gen. of the State of Oklahoma, 237 F.3d 1267 (10th Cir. 2001). “In support of them petition for rehearing, however, they have submitted supplemental authority which establishes that, despite the language of the rule, the requirement of filing a petition in error within thirty days from the entry of the state district court’s judgment is…”
Stewart v. State, 495 P.2d 834 (Okla. Crim. App. 1972). “22 O.S.1971, § 1087. Plaintiff in Error, Dan Stewart, hereinafter referred to as defendant, was convicted of murder in the District Court of Cleveland County, Case Number 4684, and sentenced to life imprisonment on February 7, 1966.”
Yingst v. State, 480 P.2d 276 (Okla. Crim. App. 1971). “22 O.S.Supp.1970, § 1087. Defendant was attacking the Judgment and Sentence entered on August 4, 1970, in the District Court of Tulsa County, Case No.”
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