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If a criminal appeal court affirms the judgement and sentencing…

If a criminal appeal court...
If a criminal appeal court affirms the judgement and sentencing for an appellant a from district court, what is the next step if the appellant wants to appeal to the next higher court. This is Oklahoma.
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Answered in 8 minutes by:
11/9/2012
lwpat
lwpat, Criminal Lawyer
Category: Criminal Law
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Experience: Practicing criminal defense attorney
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The next step is to file an appeal with the Oklahoma Supreme Court. However, many appeals are filed but the Court only actually accepts a few and most of the time the affirm the ruling of the appeal court. For the Supreme Court to hear the appeal you have to have a good argument why the conviction should be overturned.
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Customer reply replied 5 years ago

In this state the Oklahoma Court of Criminal Appeals is the supreme court for criminal matters in Oklahoma. Isn't there a way to get to the federal appeal courts?

An appeal to a federal court from a state court conviction must be premised upon "federal issues". That means there must be a violation of federal constitutional law such as the right to an attorney, the right to appointed counsel if you are indigent, the right to compel witnesses to appear at trial and the right to confront prosecution witnesses at trial for example.
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Customer reply replied 5 years ago

Ok so if there is none of those violations then when the Oklahoma Court of Criminal Appeals affirms the judgment and sentence, that's the end of the road. Is that correct?

 

Also what if the court appointed counsel was ineffective. Would that fall under the category of not having counsel?

Also what if the court appointed counsel was ineffective. Would that fall under the category of not having counsel?

Yes that could be a Federal Issue as a violation of the Sixth Amendment. See Strickland vs. Washington
http://supreme.justia.com/cases/federal/us/466/668/case.html
lwpat
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