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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 118780
Experience:  Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience
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How long does a person have to file for post conviction relief

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How long does a person have to file for post conviction relief after he loses appeal?
Thanks for using JustAnswer.com. It will be my pleasure to assist you today.

What is the conviction that you want to appeal?

What is the reason that you want to appeal?

What court do you want to appeal from?

Thanks
Customer: replied 4 years ago.


Conviction is negligent homicide. In oklahoma a misdemeananor.


 


He wants to appeal on the grounds on ineffective counsel both trial and appeal.


 


He is appealing from the Oklahoma Court of Criminal Appeals. The conviction was affirmed by this court May 15, 2013.

Hi,

Thanks for the information. I want to look up a couple of things for you. I will be back with an answer asap.

Thanks for your patience.
Customer: replied 4 years ago.


Ok no problem.

Hi,

The Oklahoma Court of Criminal Appeals is the highest court in the State of Oklahoma with appellate jurisdiction in criminal cases. It is the state court of last resort in criminal matters. The Court derives its origin and jurisdiction from the state constitution, which was formulated by the constitutional convention and submitted to and adopted by the people of Oklahoma at the first election, held on September 17, 1907.

The final appeal process available is that to the Supreme Court of the United States. It will be nearly impossible for an appeal from the Criminal Court of Oklahoma for a misdemeanor to be heard in the U.S. Supreme Court. The Defendant must present a U.S. Constitutional issue AND the Supreme Court must grant certiori to hear the case. VERY few cases are chosen to be heard by the U.S. Supreme Court.

In order to pursue such an appeal, you REALLY need to speak with an attorney who specializes in criminal constitutional law. You can discuss the specific facts of the case, evaluate the options and decide how to proceed. Any appeal to the Supreme Court will be EXTREMELY costly.

The time that the Defendant has to prepare the necessary documents for consideration by the U.S. Supreme Court should be done immediately upon the rejection of the Defendant's case by the Criminal Court of Appeals.

I hope you find this information useful.

My goal is to provide you with excellent service – if you feel you have gotten anything less, please reply back, I am happy to address follow-up questions.

Thank you for your business!

Xavierjd

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***Answers given are for informational purposes only and are not meant to replace the advice or assistance of an attorney licensed to practice law in your state. If you need any more information, please do not hesitate to ask. Thank you!




Customer: replied 4 years ago.

I asked this question in the beginning:


How long does a person have to file for post conviction relief after he loses appeal?


Post Conviction Relief is a specific type of appeal once a person has gone to direct appeal and conviction has been affirmed. What I want to know is how much time does the defendant hav to file his Application for Post Conviction Relief with the trial court where he was convicted?
Hi,

I'm sorry if I may have misunderstood your question.

Are you asking how long a Defendant has to appeal from the trial court to the Criminal Court of Appeals?

Thanks
Customer: replied 4 years ago.


No. There is a specific type of appeal called "Post Conviction Relief" that a defendant can file if his constitutional rights were violated during the course of the trial or appeal or if there is new evidence. This defendant has both issues so he wants to file for "Post Conviction Relief" If you are not familiar with this maybe you should pass it own to another attorney.

Thank you for your question. Different contributor here as your previous expert had to step away.

Under Oklahoma law there is no statute of limitations for appealing a conviction. If your state direct appeal is denied you always have the option of filing a Petition for Writ of Certiorari with the United States Supreme Court upon exhausting your state remedies.

Under Oklahoma law, “exhaustion” of the state court remedies involves filing an Application for Post Conviction Relief under Title 22 O.S. Section 1080 at the District Court level. The District Court is the court that the conviction was entered in to begin with. If the Application for Post Conviction is denied at the District Court or “trial court” level, than the next step is to appeal the denial of the Application for Post Conviction relief at the Oklahoma Court of Criminal Appeals.

 

If the appeal of the denial of your Application for Post Conviction Relief is denied at the Oklahoma Court of Criminal Appeals than you have “exhausted” your state remedies and you can then begin the Federal Habeas Corpus process under 28 U.S.C. Section 2254.

 

This is the process for post conviction relief in Oklahoma.

 

 


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Law Educator, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 118780
Experience: Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience
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