Okla. Stat. tit. 22, § 22-1360
This is the official text of Okla. Stat. tit. 22, § 22-1360, 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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Postconviction proceedings - Representation
Official statutory text
A. The System shall represent indigents in proceedings for
postconviction relief in all capital cases.
B. In noncapital cases, the System shall not be appointed to
represent indigents in proceedings for postconviction relief;
provided, however, the System may represent indigents in
postconviction proceedings if the representation is related to
another pending case in which the System has been appointed, or the
proceeding is necessary to obtain an appeal out of time on behalf of
a System client in a case to which the System has been properly
appointed.
C. No attorney employed by the System or providing legal
services for the System pursuant to contract shall be required to
appear in the district courts of this state on issues of appellate
Oklahoma Statutes - Title 22. Criminal Procedure Page 525
counsel appointment and requests for exhibits, records and
transcripts.
D. After a mandate has been issued by the Oklahoma Court of
Criminal Appeals in any case on direct appeal, the System is
prohibited from appealing that case in any further proceedings in
either a state or federal court, except in capital cases and in
cases provided for in subsection B of this section. In capital
cases, the System shall perfect all petitions for writ of certiorari
to the United States Supreme Court and represent such appellants or
appellees, as the case may be, in any appearance before that Court.
postconviction relief in all capital cases.
B. In noncapital cases, the System shall not be appointed to
represent indigents in proceedings for postconviction relief;
provided, however, the System may represent indigents in
postconviction proceedings if the representation is related to
another pending case in which the System has been appointed, or the
proceeding is necessary to obtain an appeal out of time on behalf of
a System client in a case to which the System has been properly
appointed.
C. No attorney employed by the System or providing legal
services for the System pursuant to contract shall be required to
appear in the district courts of this state on issues of appellate
Oklahoma Statutes - Title 22. Criminal Procedure Page 525
counsel appointment and requests for exhibits, records and
transcripts.
D. After a mandate has been issued by the Oklahoma Court of
Criminal Appeals in any case on direct appeal, the System is
prohibited from appealing that case in any further proceedings in
either a state or federal court, except in capital cases and in
cases provided for in subsection B of this section. In capital
cases, the System shall perfect all petitions for writ of certiorari
to the United States Supreme Court and represent such appellants or
appellees, as the case may be, in any appearance before that Court.
Status: in_force · Read it on the official government site
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