Oklahoma § 44-862 - Appeal by the State of Oklahoma

§ 44-862. Appeal by the State of Oklahoma

ARTICLE 62. Appeal by the State of Oklahoma.

A. 1. In a trial by general or special court-martial, or in a

pretrial proceeding under Section 830A of this title (Article 30A),

the State of Oklahoma may appeal the following:

Oklahoma Statutes - Title 44. Militia

a.

an order or ruling of the military judge which

terminates the proceedings with respect to a charge or

specification,

b.

an order or ruling which excludes evidence that is

substantial proof of a fact material in the

proceeding,

c.

an order or ruling which directs the disclosure of

classified or confidential information,

d.

an order or ruling which imposes sanctions for

nondisclosure of classified or confidential

information,

e.

a refusal of the military judge to issue a protective

order sought by the State of Oklahoma to prevent the

disclosure of classified or confidential information,

f.

a refusal by the military judge to enforce an order

described in subparagraph e of this paragraph that has

previously been issued by appropriate authority, and

g.

an order or ruling of the military judge entering a

finding of not guilty with respect to a charge or

specification following the return of a finding of

guilty by the members.

2.

a.

An appeal of an order or ruling may not be taken

unless the trial counsel provides the military judge

with written notice of appeal from the order or ruling

within seventy-two (72) hours of the order or ruling.

Such notice shall include a certification by the trial

counsel that the appeal is not taken for the purpose

of delay and (if the order or ruling appealed is one

which excludes evidence) that the evidence excluded is

substantial proof of a fact material in the

proceeding.

b.

An appeal of an order or ruling may not be taken when

prohibited by Section 844 of this title (Article 44).

3. An appeal under this section shall be diligently prosecuted

by appellate government counsel.

B. An appeal under this section shall be forwarded by a means

prescribed under regulations of the Adjutant General directly to the

Military Court of Appeals and shall, whenever practicable, have

priority over all other proceedings before that court. In ruling on

an appeal under this section, the Military Court of Appeals may act

only with respect to matters of law.

C. Any period of delay resulting from an appeal under this

section shall be excluded in deciding any issue regarding denial of

a speedy trial unless an appropriate authority determines that the

appeal was filed solely for the purpose of delay with the knowledge

that it was totally frivolous and without merit.

Oklahoma Statutes - Title 44. Militia

D. The provisions of this section shall be liberally construed

to effect its purposes.

Added by Laws 2019, c. 408, § 77, eff. Oct. 1, 2019.