An Oklahoma City criminal appeals attorney specializes in representing individuals who are seeking a review of a criminal conviction or sentence by the Oklahoma Court of Criminal Appeals. An OKC criminal appeals lawyer focuses on identifying grounds for appeal, such as legal errors that occurred during the trial process. Legal errors include improper jury instructions, juror misconduct, prosecutorial misconduct, ineffective assistance of counsel, and new evidence. An appeals attorney analyzes trial transcripts, court records, and legal briefs to determine whether or not a conviction or sentence can be appealed. Phillips & Associates is a criminal appeals law firm with a successful record of obtaining legal relief such as reversal of a conviction, modification of a sentence, or a new trial through the appellate process. An appeals attorney directs their clients to other post conviction relief options once their options for criminal appeal have been exhausted.

An appeal is a delicate and complex process. Each step must be carefully handled; each brief or filing skillfully crafted. Extensive legal research is required to find precedence and elements of law that were violated during the trial. An appeal is something you cannot handle alone. You must have the skillful representation of an experienced appeals lawyer. You may use the same defense attorney who represented you in your criminal case, but in some situations—particularly if your appeal is based in part on ineffective counsel—you may wish to find a new attorney who can look at your case and the elements of your trial with fresh eyes.

Hiring an Oklahoma Criminal Appeals Lawyer

Hiring the best Oklahoma City criminal appeals attorney starts with comparing law firms based on appelate experience, client online reviews and testimonials, and a record of success in appealing criminal convictions. A skilled Oklahoma criminal appeals attorney helps secure a just outcome for their clients. Schedule a risk-free consultation with our criminal defense attorneys. Act quickly because you have limited time in which to file a direct appeal. Call (405) 418-8888 today.

What Are the Grounds for Appeal in Oklahoma?

The grounds for appeal are specific legal errors that occur during a criminal case which significantly affect the outcome of the trial or sentencing. According to Oklahoma law, legal errors include improperly submitted evidence, incorrect jury instructions, juror misconduct, prosecutorial misconduct, ineffective legal counsel, or new evidence. Oklahoma appellate courts do not rehear the case or reconsider factual guilt. Oklahoma appellate courts review whether the law was applied correctly.

In order to successfully appeal a conviction or sentence, there must be evidence of legal error that may have affected the outcome of the trial. If errors are made that would not have had any impact on the likelihood of conviction, the appeals court holds these to be "harmless errors" that will not bring a successful appeal.

An appeal is not just an option; it is a right. State law explains the right to appeal and the appeals process in 22 O.S. § 1051 through § 1079.

In order to file an appeal, there must be one or more errors or grounds for appeal arising from the case. The grounds for appeal in the State of Oklahoma are listed below.

• Legal errors – improperly submitted evidence, incorrect jury instructions, insufficient evidence to support conviction
• Juror misconduct – discussing the case with other jury members outside the jury room prior to deliberation; discussing the case with media, the press, prosecutors, witnesses, or anyone else; watching news reports or other media about the case; exposure to extraneous information; conducting experiments or investigation; accepting a bribe; failing to disclose information during voire dire; intoxicated or impaired during the trial and/or deliberations; unauthorized view of the crime scene; sleeping during trial or otherwise failing to pay attention
• Prosecutorial misconduct – admission of false testimony, willful omission of exonerating evidence
• Ineffective assistance of counsel – failure to investigate, failure to object to prosecution statements, failure to object to evidence or suppress evidence, failure to interview witnesses or cross-examine them, giving incorrect advice or withholding a plea offer
• New evidence – potentially exonerating evidence discovered post-conviction

The Oklahoma Court of Criminal Appeals reviews the trial record and the legal arguments raised on appeal to determine whether reversible error occurred, and based on this legal review, the appeals court has four possible outcomes when issuing a ruling on an appeal. The court then takes one of the decisions listed below.

• The court may affirm the judgment of the lower court.
• The court may reverse the judgment of the lower court.
• The court may modify the judgment or sentence of the lower court.
• The court may order a new trial or resentencing and remand the case back to the lower court.

When a case is remanded to the lower court, the Oklahoma Court of Criminal Appeals must provide proper instruction and the court's opinion to make sure the errors in the initial case are not repeated.

What is Post Conviction Relief?

Post conviction relief in Oklahoma refers to the legal remedies available after a criminal conviction becomes final and direct appeal rights are used up. Post conviction relief focuses on constitutional, jurisdictional, or fundamental errors that affect the validity of the conviction or sentence. Oklahoma courts review post conviction claims under specific statutory procedures. The main options for post conviction relief in Oklahoma are listed below.

1. Filing an application for post conviction relief challenges constitutional or legal errors. An application for post conviction relief allows a convicted person to raise claims such as ineffective assistance of counsel, newly discovered evidence, or violations of constitutional rights that were not previously raised.
2. Raising ineffective assistance of counsel claims addresses deficient legal representation. Ineffective assistance claims focus on trial or appellate counsel errors that fall below professional standards and prejudice the outcome of the case.
3. Presenting newly discovered evidence supports claims of actual innocence. Newly discovered evidence includes evidence that was unavailable at trial and could not have been discovered through due diligence, such as new witness testimony or forensic results.
4. Challenging an illegal sentence corrects sentencing errors. Illegal sentence claims address sentences that exceed statutory limits, apply incorrect enhancements, or violate constitutional protections.
5. Seeking relief based on jurisdictional defects contests court authority. Jurisdictional defect claims argue that the trial court lacked subject matter jurisdiction or authority to enter the judgment or sentence.
6. Filing a writ of habeas corpus challenges unlawful restraint. A writ of habeas corpus is used to contest unlawful imprisonment when other remedies are inadequate or unavailable.
7. Requesting DNA testing supports innocence based claims. DNA testing motions allow convicted individuals to seek forensic testing when biological evidence may establish innocence.

Oklahoma Criminal Appeals Court

The Oklahoma Court of Criminal Appeals is located in Oklahoma City. The Oklahoma Court of Criminal Appeals is the first recourse in a criminal appeal. This court is the highest court in Oklahoma with jurisdiction over criminal cases, and is thus the state court of last resort.

Federal cases are appealed at the United States Court of Appeals for the Tenth District. The Tenth Circuit Court of Appeals is located in Denver, Colorado, and it has jurisdiction over appeals of cases from Oklahoma, Kansas, New Mexico, Colorado, Wyoming, and Utah, and parts of Yellowstone National Park that extend into Montana and Idaho.