Oklahoma § 22-1001.1 - Execution of judgment - Time - Stay of execution

§ 22-1001.1. Execution of judgment - Time - Stay of execution

A. The execution of the judgment in cases where sentence of

death is imposed shall be ordered by the Court of Criminal Appeals

to be carried out thirty (30) days after the defendant fails to meet

any of the following time conditions:

1. If a defendant does not file a petition for writ of

certiorari in the United States Supreme Court within ninety (90)

days from the issuance of the mandate in the original state direct

appeal unless a first application for post-conviction relief is

pending;

2. If a defendant does not file an original application for

post-conviction relief in the Court of Criminal Appeals within

ninety (90) days from the filing of the appellee’s brief on direct

appeal or, if a reply brief is filed, ninety (90) days from the

filing of that reply brief, or a petition in error to the Court of

Criminal Appeals after remand within thirty (30) days from entry of

judgment by the district court disposing of the application for

post-conviction relief;

3. If a defendant does not file a writ of certiorari to the

United States Supreme Court within ninety (90) days from a denial of

state post-conviction relief by the Oklahoma Court of Criminal

Appeals;

4. If a defendant does not file the first petition for a

federal writ of habeas corpus within sixty (60) days from a denial

Oklahoma Statutes - Title 22. Criminal Procedure

of the certiorari petition or from a decision by the United States

Supreme Court from post-conviction relief;

5. If a defendant does not file an appeal in the United States

Court of Appeals for the Tenth Circuit from a denial of a federal

writ of habeas corpus within seventy (70) days; or

6. If a defendant does not file a petition for writ of

certiorari with the United States Supreme Court from a denial of the

appeal of the federal writ of habeas corpus within ninety (90) days.

B. The filing of a petition for rehearing in any federal court

shall not serve to stay the execution dates or the time restraints

set forth in the above section unless the defendant makes the

showing set forth in subsection C of this section. The provisions

of subsection A do not apply to second or subsequent petitions or

appeals filed in any court. The filing of a second or subsequent

petition or appeal in any court does not prevent the setting of an

execution date.

C. When an action challenging the conviction or sentence of

death is pending before it, the Court of Criminal Appeals may stay

an execution date, or issue any order which effectively stays an

execution date only upon a showing by the defendant that there

exists a significant possibility of reversal of the defendant’s

conviction, or vacation of the defendant’s sentence, and that

irreparable harm will result if no stay is issued.

D. Should a stay of execution be issued by any state or federal

court, a new execution date shall be set by operation of law sixty

(60) days after the dissolution of the stay of execution. The new

execution date shall be set by the Court of Criminal Appeals without

necessity of application by the state, but the Attorney General, on

behalf of the state, shall bring to the attention of the Court of

Criminal Appeals the fact of the dissolution of a stay of execution

and suggest the appropriateness of the setting of a new execution

date.

E. After an execution date has been set pursuant to the

provisions of this section, should a stay of execution be issued by

any state or federal court, a new execution date shall be set by

operation of law thirty (30) days after the dissolution of the stay

of execution. The new execution date shall be set by the Court of

Criminal Appeals without necessity of application by the state, but

the Attorney General, on behalf of the state, shall bring to the

attention of the Court of Criminal Appeals the fact of the

dissolution of a stay of execution and suggest the appropriateness

of setting a new execution date.

F. After an execution date has been set pursuant to the

provisions of this section, should a stay of execution be issued by

any state or federal court and then vacated by such court, the

sentence of death shall be carried out as ordered prior to the

issuance of such vacated stay of execution. If the prior execution

Oklahoma Statutes - Title 22. Criminal Procedure

date has expired prior to the vacation of the stay of execution, a

new execution date shall be set by operation of law thirty (30) days

after the vacation of the stay of execution. The new execution date

shall be set by the Court of Criminal Appeals without necessity of

application by the state, but the Attorney General, on behalf of the

state, shall bring to the attention of the Court of Criminal Appeals

the fact of a vacation of the stay of execution and suggest the

appropriateness of the setting of a new execution date.

G. After an execution date has been set pursuant to the

provisions of this section, should the Governor of the State of

Oklahoma issue a stay of execution pursuant to the powers

articulated in Section 10 of Article VI of the Oklahoma

Constitution, the Governor shall, simultaneous to the granting of

the stay, set a new execution date. The sentence of death shall be

carried out not more than thirty (30) days after the dissolution of

the stay of execution; however, nothing shall prevent the Governor

from ordering the new execution date to be on the first day

immediately following dissolution of the stay.

Added by Laws 1987, c. 49, § 1. Amended by Laws 1992, c. 106, § 1,

eff. Sept. 1, 1992; Laws 1995, c. 256, § 1, eff. Nov. 1, 1995; Laws

2002, c. 126, § 1, emerg. eff. April 22, 2002; Laws 2004, c. 164, §

1, eff. Nov. 1, 2004.