How to Appeal a Capital Punishment Verdict in Oklahoma

In Oklahoma, capital crimes include some grades of murder and certain sex crimes. If you, or someone close to you, are convicted of a capital crime and sentenced to death, follow these steps to appeal the decision.

Instructions

Difficulty: Moderately Challenging

Things You’ll Need:

• Computer with Internet access

1. Retain the services of a criminal lawyer specializing in appellate cases. Be aware that trial lawyers are usually not the same as the lawyers who handle appeals.
2. Know your rights. If you cannot afford a lawyer, the Sixth Amendment of the United States Constitution says that the courts must appoint one to you.
3. Your lawyer will appeal your case to the Oklahoma Criminal Court of Appeals. This court consists of five judges appointed by the governor of Oklahoma, who will review the transcripts of the trial in detail. They will search the record for errors in law or trial proceedings. If they uncover errors, they may overturn the verdict or order a retrial.
4. Have your attorney file a petition for a writ of certiorari with the United States Supreme Court if the capital punishment verdict is not overturned. This is the only court in that can overturn a decision by the Oklahoma Court of Criminal Appeals. However, it usually only hears cases that involve issues of the U.S. Constitution and its interpretation.
5. Enlist outside support. For help appealing a capital punishment verdict in Oklahoma, visit the ACLU's Capital Punishment Project (see Resources below).

Tips & Warnings

• The Oklahoma Criminal Court of Appeals is what is known as a court of last resort on the state level. Any and all decisions made by this court are final. The Supreme Court would represent your last court of appeal.