Oklahoma § 22-1356 - Appeals and post-conviction proceedings

§ 22-1356. Appeals and post-conviction proceedings

A. The System shall perfect all direct appeals and capital

post-conviction proceedings for all cases to which the System is

appointed by Oklahoma district courts at the time the appeal is

initiated, except as otherwise provided in this section and Section

1358 of this title. In counties subject to the provisions of

Section 138.1a of Title 19 of the Oklahoma Statutes, the System

shall perfect direct appeals for indigent defendants who were not

represented at trial by the county indigent defender. The System

shall not be appointed to perfect direct appeals for indigents

represented at trial by the county indigent defender, unless a

conflict of interest on appeal exists between defendants, in which

case the System may be appointed to represent not more than one

defendant.

B. Judges of the district courts shall appoint the System, at

the time the appeal is initiated, in cases in which the defendant is

subject to incarceration or the death penalty, and to perfect all

indigent criminal appeals which are felony or misdemeanor appeals,

appeals by petition for writ of certiorari, juvenile criminal

appeals and youthful offender appeals pursuant to the Oklahoma

Juvenile Code, appeals from revocation of a suspended sentence and

appeals from acceleration of deferred judgments.

Added by Laws 1981, c. 207, § 2, emerg. eff. May 26, 1981. Amended

by Laws 1988, c. 253, § 5, operative July 1, 1988; Laws 1991, c.

238, § 16, eff. July 1, 1991; Laws 1992, c. 303, § 12, eff. July 1,

1992; Laws 1993, c. 298, § 8, eff. July 1, 1993; Laws 1994, c. 328,

§ 6, eff. July 1, 1994; Laws 1996, c. 301, § 9, eff. July 1, 1996;

Laws 2001, c. 210, § 13, eff. July 1, 2001.