ARTICLE 67. Review by the Oklahoma Court of Criminal Appeals.
A. Powers as court of last resort. The Oklahoma Court of Criminal Appeals shall be the court of last resort for all general and special courts-martial convened by the state military forces. In reviewing petitions or appeals granted pursuant to this section, the Oklahoma Court of Criminal Appeals shall have and shall exercise all powers granted to the Court under the Oklahoma Statutes and the Oklahoma Constitution. The provisions of Title 22 of the Oklahoma Statutes establishing criminal procedure in the district courts of the state shall not apply to court-martial proceedings convened pursuant to this Code. Where provisions of Title 22 of the Oklahoma Statutes establishing appellate procedures in the Oklahoma Court of Criminal Appeals conflict with any appellate provisions within this Code, the conflicting provisions in Title 22 of the Oklahoma Statutes shall not apply to appellate proceedings arising from court-martial proceedings convened pursuant to this Code.
B. Petition for Review. Except as provided in subsection C of this section for appeals arising from a guilty plea, a decision of the Military Court of Appeals may be reviewed by the Oklahoma Court of Criminal Appeals upon the filing of an appeal in the form of a Petition for Review if a majority of judges on the Oklahoma Court of Criminal Appeals directs that such Petition for Review shall be granted. Decisions of the Military Court of Appeals shall be final unless a Petition for Review is granted by the Oklahoma Court of Criminal Appeals or a writ of certiorari is granted pursuant to subsection C of this section.
C. Appeals arising from guilty plea. All appeals taken from any conviction on a plea of guilty shall first be decided by the Military Court of Appeals. In the event the conviction arising from a plea of guilty is upheld by the Court of Military Appeals, an appeal may be taken by petition for writ of certiorari to the Oklahoma Court of Criminal Appeals, as provided in subsection D of this section; provided, such petition must be filed within ninety (90) days from the date of said conviction. The Oklahoma Court of Criminal Appeals may take jurisdiction of any case for the purpose of correcting the appeal records when the same do not disclose judgment and sentence; such jurisdiction shall be for the sole purpose of correcting such defect or defects.
D. Procedures established by court rules. The procedures for filing a Petition for Review or appeal made pursuant to subsection B or C of this section shall be as provided in the Rules of the Court of Criminal Appeals; and the Oklahoma Court of Criminal Appeals shall provide by court rules, which shall have the force of statute:
1. The procedure to be followed by the courts-martial in the preparation and authentication of transcripts and records in cases appealed under the Oklahoma Uniform Code of Military Justice;
2. The procedure to be followed by the Court of Military Appeals in the preparation of the record in cases brought up on appeal to the Oklahoma Court of Criminal Appeals under the Code;
3. The procedure to be followed for the completion and submission of the Petition for Review or such other appeals lodged pursuant to the Code; and
4. The procedure to be followed for filing a petition for and the issuance of a writ of certiorari.
E. Scope of review on certiorari. The scope of review to be afforded on certiorari shall be prescribed by the Oklahoma Court of Criminal Appeals.
F. Additional proceedings. If the Oklahoma Court of Criminal Appeals determines that additional proceedings are warranted, the Oklahoma Court of Criminal Appeals may order a hearing, rehearing or other proceedings in accordance with the Rules of the Court of Criminal Appeals.
G. Action in accordance with decisions of the Oklahoma Court of Criminal Appeals. The State Judge Advocate shall instruct the appropriate authority to take action in accordance with the decision of the Oklahoma Court of Criminal Appeals.
Added by Laws 2019, c. 408, § 82, eff. Oct. 1, 2019. Amended by Laws 2021, c. 12, § 23, emerg. eff. April 13, 2021.