Okla. Stat. tit. 22, § 22-1072
This is the official text of Okla. Stat. tit. 22, § 22-1072, part of Oklahoma’s Stat. tit. 22, — part of the compiled statutory law of Oklahoma, published by the state as "Stat. tit. 22,." Browse the sections below, each linked to its official government source.
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Record and enforcement of mandate or order in lower court
Official statutory text
- Return by clerk of lower court to clerk of Criminal Court of
Appeals.
It is hereby made the duty of the court clerk in all counties,
upon receipt from the Clerk of the Criminal Court of Appeals of any
mandate or order of the Criminal Court of Appeals, to immediately
and without any order from the court, or judge thereof, to spread
said mandate or order of record in the proper court, and to issue
and place in the hands of the proper officer appropriate process for
carrying out such mandate or order.
That it shall be the duty of any such court clerk to immediately
upon return being made by the officer to whom process is delivered,
to thereafter make return to the Clerk of the Criminal Court of
Appeals, showing the date that mandate was received, date filed and
recorded, the date process was issued to the officer, and the date
the process was served and whether the convicted person was
incarcerated. If incarceration of the prisoner is delayed by reason
of flight, or for any other cause for a period of more than fifteen
(15) days after receipt of mandate, the return, under any such
circumstance causing delay, must be immediately made to the Clerk of
the Criminal Court of Appeals; and upon later apprehension of
prisoner and incarceration, a further return must be made to the
Clerk of the Criminal Court of Appeals, reporting the facts, within
ten (10) days after such incarceration.
Appeals.
It is hereby made the duty of the court clerk in all counties,
upon receipt from the Clerk of the Criminal Court of Appeals of any
mandate or order of the Criminal Court of Appeals, to immediately
and without any order from the court, or judge thereof, to spread
said mandate or order of record in the proper court, and to issue
and place in the hands of the proper officer appropriate process for
carrying out such mandate or order.
That it shall be the duty of any such court clerk to immediately
upon return being made by the officer to whom process is delivered,
to thereafter make return to the Clerk of the Criminal Court of
Appeals, showing the date that mandate was received, date filed and
recorded, the date process was issued to the officer, and the date
the process was served and whether the convicted person was
incarcerated. If incarceration of the prisoner is delayed by reason
of flight, or for any other cause for a period of more than fifteen
(15) days after receipt of mandate, the return, under any such
circumstance causing delay, must be immediately made to the Clerk of
the Criminal Court of Appeals; and upon later apprehension of
prisoner and incarceration, a further return must be made to the
Clerk of the Criminal Court of Appeals, reporting the facts, within
ten (10) days after such incarceration.
Status: in_force · Read it on the official government site
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