Title 22. Criminal Procedure.

Superseded Effective May 11,1998

Chapter 25
Indigent Defense Act
§1360. Appellate Public Defenders Prohibited from Representing Indigents in United States Court

A. The System may represent indigents in post-conviction relief in all capital cases.

B. In noncapital cases, the System may represent indigents for post-conviction relief, if the representation is related to another case in which the System has been appointed, or if representation is authorized by the Executive Director pursuant to policies established and adopted by the Board.

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.

After a mandate has been rendered 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 such 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.

D. All state and federal constitutional issues affecting guilt and/or sentence shall be raised and decided on the merits in the first post-conviction application. Any issue not so raised and decided shall be dismissed from any subsequent application for post-conviction relief, unless the accused shows good cause why the issue was not raised previously.

Added by Laws 1981, c. 207, § 6, emerg. eff. May 26, 1981. Amended by Laws 1987, c. 153, § 2, eff. Nov. 1, 1987; Laws 1991, c. 238, § 18, eff. July 1, 1991; Laws 1992, c. 303, § 14, eff. July 1, 1992; Laws 1996, c. 301, § 11, eff. July 1, 1996tempmarker