Oklahoma § 22-1080.1 - Limitation period

§ 22-1080.1. Limitation period

A. A one-year period of limitation shall apply to the filing of

any application for post-conviction relief, whether an original

application or a subsequent application. The limitation period

shall run from the latest of:

1. The date on which the judgment of conviction or revocation

of suspended sentence became final by the conclusion of direct

review by the Oklahoma Court of Criminal Appeals or the expiration

of the time for seeking such review by the Oklahoma Court of

Criminal Appeals;

Oklahoma Statutes - Title 22. Criminal Procedure

2. The date on which the Governor revoked parole or conditional

release, if the petitioner is challenging the lawfulness of said

revocation;

3. The date on which any impediment to filing an application

created by a state actor in violation of the Constitution of the

United States or the Constitution of the State of Oklahoma, or laws

of the State of Oklahoma, is removed, if the petitioner was

prevented from filing by such action;

4. The date on which the constitutional right asserted was

initially recognized by the United States Supreme Court, if the

right has been newly recognized by the United States Supreme Court

and made retroactively applicable to cases on collateral review; or

5. The date on which the factual predicate of the claim or

claims presented could have been discovered through the exercise of

due diligence.

B. Subject to the exceptions provided for in this section, this

limitation period shall apply irrespective of the nature of the

claims raised in the application and shall include jurisdictional

claims that the trial court lacked subject-matter jurisdiction.

C. The provisions of this section shall apply to any postconviction application filed on or after the effective date of this

act.

Added by Laws 2022, c. 144, § 2, eff. Nov. 1, 2022.