Oklahoma § 22-1080 - Post-Conviction Procedure Act - Right to challenge

§ 22-1080. Post-Conviction Procedure Act - Right to challenge

conviction or sentence.

Any person who has been convicted of, or sentenced for, a crime

and who claims:

1. That the conviction or the sentence was in violation of the

Constitution of the United States or the Constitution or laws of

this state;

2. That the court was without jurisdiction to impose sentence;

3. That the sentence exceeds the maximum authorized by law;

4. That there exists evidence of material facts, not previously

presented and heard, that requires vacation of the conviction or

sentence in the interest of justice;

5. That the sentence has expired, the suspended sentence,

probation, parole, or conditional release unlawfully revoked, or he

or she is otherwise unlawfully held in custody or other restraint;

or

6. That the conviction or sentence is otherwise subject to

collateral attack upon any ground of alleged error heretofore

available under any common law, statutory or other writ, motion,

petition, proceeding or remedy,

may institute a proceeding under the Post-Conviction Procedure Act

in the court in which the judgment and sentence on conviction was

imposed to secure the appropriate relief. Excluding a timely

appeal, the Post-Conviction Procedure Act encompasses and replaces

all common law and statutory methods of challenging a conviction or

sentence including, but not limited to, writs of habeas corpus.

Added by Laws 1970, c. 220, § 1, eff. July 1, 1970. Amended by Laws

2022, c. 144, § 1, eff. Nov. 1, 2022.