Oklahoma Statutes Citationized
Title 22. Criminal Procedure
Chapter 25 - Miscellaneous Provisions
Section 1360 - Appellate Public Defenders Prohibited from Representing Indigents in United States Court
Cite as: O.S. §, __ __
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 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.
Historical Data
Laws 1981, SB 303, c. 207, § 6, emerg. eff. May 26, 1981; Amended by Laws 1987, HB 1178, c. 153, § 2, eff. November 1, 1987; Amended by Laws 1991, HB 1612, c. 238, § 18, emerg. eff. July 1, 1991; Amended by Laws 1992, HB 1364, c. 303, § 14, emerg. eff. July 1, 1992; Amended by Laws 1996, SB 895, c. 301, § 11, emerg. eff. July 1, 1996; Amended by Laws 1998, HB 3159, c. 201, § 4, emerg. eff. May 11, 1998 (superseded document available); Amended by Laws 2001, HB 1804, c. 210, § 15, emerg. eff. July 1, 2001 (superseded document available).
Citationizer® Summary of Documents Citing This Document| Cite | Name | Level | |
|---|---|---|---|
| Oklahoma Court of Criminal Appeals Cases | |||
| Cite | Name | Level | |
| 1995 OK CR 21, 893 P.2d 1013, | McCRACKEN v. STATE | Cited | |
| 1995 OK CR 66, 907 P.2d 1078, | BERGET v. STATE | Cited | |
| Oklahoma Supreme Court Cases | |||
| Cite | Name | Level | |
| 1991 OK 27, 808 P.2d 672, 62 OBJ 934, | Gaines v. Maynard | Cited | |
| 2025 OK 63, 578 P.3d 1209, | PYBAS v. THE HONORABLE JEFF CRITES | Discussed at Length | |
| Cite | Name | Level | |
|---|---|---|---|
| Title 22. Criminal Procedure | |||
| Cite | Name | Level | |
| 22 O.S. 1360, | Appellate Public Defenders Prohibited from Representing Indigents in United States Court | Cited | |