reglab/housing_qa huggingface dataset:
22 OK Stat § 22-1008 (2021)
2021 Oklahoma Statutes|Title 22. Criminal Procedure|§22-1008. Execution of judgment - Proceedings when defendant found insane - Recovery of reason.

|If it is found that the defendant is sane the warden must proceed to execute the judgment as certified in the warrant; if it is found that the defendant is insane, the warden must suspend the execution and transmit a certified copy of the order mentioned in the last section to the Governor and deliver the defendant, together with a certified copy of such order to the medical superintendent of the hospital named in such order. When the defendant recovers his reason the superintendent of such hospital must certify that fact to the Governor, who must thereupon issue to the warden his warrant, appointing a day for the execution of the judgment. |R.L.1910, § 5974; Laws 1913, c. 113, p. 208, § 6.
22 OK Stat § 22-1010 (2021)
2021 Oklahoma Statutes|Title 22. Criminal Procedure|§22-1010. Pregnancy of prisoners - Judicial investigation.

|If it is a alleged that a female prisoner under judgment of death is pregnant, the warden must notify the district attorney of the county in which the prison is situated whose duty is to immediately file with the district court a petition stating such allegation. A hearing must be conducted by a judge of that district court to determine the validity of the allegation. Enforcement of the judgment is suspended upon the filing of the petition, pending the outcome of the hearing. |Upon filing of the petition a judge of the district court shall appoint a physician licensed under the laws of the State of Oklahoma to conduct a medical examination for pregnancy of the female prisoner. Such examination shall be conducted within thirty (30) days prior to the hearing. The report of the examining physician shall be submitted to the court as evidence. The court may also hear any other evidence that may be presented. The court shall make a written finding to be filed with the court clerk as a part of the permanent record.R.L.1910, § 5976; Laws 1913, c. 113, p. 208, § 7; Laws 1973, c. 101, § 1, emerg. eff. May 2, 1973.
22 OK Stat § 22-1011 (2021)
2021 Oklahoma Statutes|Title 22. Criminal Procedure|§22-1011. Execution of judgment - Suspension when defendant pregnant - Execution when pregnancy ceases.

|If it is found that a female is not pregnant the warden must execute the judgment. If it is found that she is pregnant, the warden must suspend the execution of the judgment and transmit a certified copy of the findings and certificate to the Governor. When the Governor receives from the warden a certificate that the defendant is no longer pregnant, he must issue to the warden his warrant appointing a day for the execution of the judgment. |R.L.1910, § 5977; Laws 1913, c. 113, p. 209, § 8.
22 OK Stat § 22-1014 (2021)
2021 Oklahoma Statutes|Title 22. Criminal Procedure|§22-1014. Manner of inflicting punishment of death.

|A. The punishment of death shall be carried out by the administration of a lethal quantity of a drug or drugs until death is pronounced by a licensed physician according to accepted standards of medical practice. For purposes of this subsection, the Uniform Controlled Dangerous Substances Act shall not apply to the Department of Corrections or to any person who participates in the execution or administers one or more controlled dangerous substances. |B. If the execution of the sentence of death as provided in subsection A of this section is held unconstitutional by an appellate court of competent jurisdiction or is otherwise unavailable, then the sentence of death shall be carried out by nitrogen hypoxia.C. If the execution of the sentence of death as provided in subsections A and B of this section is held unconstitutional by an appellate court of competent jurisdiction or is otherwise unavailable, then the sentence of death shall be carried out by electrocution.D. If the execution of the sentence of death as provided in subsections A, B and C of this section is held unconstitutional by an appellate court of competent jurisdiction or is otherwise unavailable, then the sentence of death shall be carried out by firing squad.R.L. 1910, § 5981. Amended by Laws 1913, c. 113, p. 206, § 1; Laws 1951, p. 63, § 1, emerg. eff. May 26, 1951; Laws 1977, c. 41, § 1; Laws 2011, c. 70, § 1, eff. Nov. 1, 2011; Laws 2015, c. 75, § 1, eff. Nov. 1, 2015; Laws 2017, c. 348, § 1, eff. Nov. 1, 2017.
22 OK Stat § 22-1016 (2021)
2021 Oklahoma Statutes|Title 22. Criminal Procedure|§22-1016. Warden's return upon death warrant.

|After the execution, the warden must make a report upon the death warrant to the court by which the judgment was rendered, showing the time, mode and manner in which it was executed. |R.L.1910, § 5984. Amended by Laws 1913, c. 113, p. 210, § 10.
22 OK Stat § 22-1051 (2021)
2021 Oklahoma Statutes|Title 22. Criminal Procedure|§22-1051. Right of appeal - Review - Corrective jurisdiction - Procedure - Scope of review on certiorari.

|(a) An appeal to the Court of Criminal Appeals may be taken by the defendant, as a matter of right from any judgment against him, which shall be taken as herein provided; and, upon the appeal, any decision of the court or intermediate order made in the progress of the case may be reviewed; provided further, all appeals taken from any conviction on a plea of guilty shall be taken by petition for writ of certiorari to the Court of Criminal Appeals, as provided in paragraph (b) of this section, provided, such petition must be filed within ninety (90) days from the date of said conviction. The Court of Criminal Appeals may take jurisdiction of any case for the purpose of correcting the appeal records when the same do not disclose judgment and sentence; such jurisdiction shall be for the sole purpose of correcting such defect or defects. |(b) The procedure for the filing of an appeal in the Court of Criminal Appeals shall be as provided in the Rules of the Court of Criminal Appeals; and the Court of Criminal Appeals shall provide by court rules, which will have the force of statute, and be in furtherance of this method of appeal: (1) The procedure to be followed by the trial courts in the preparation and authentication of transcripts and records in cases appealed under this act; (2) the procedure to be followed for the completion and submission of the appeal taken hereunder; and (3) the procedure to be followed for filing a petition for and the issuance of a writ of certiorari.(c) The scope of review to be afforded on certiorari shall be prescribed by the Court of Criminal Appeals.R.L. 1910, § 5988; Laws 1965, c. 113, § 1; Laws 1970, c. 157, §§ 1, 2.
22 OK Stat § 22-1052 (2021)
2021 Oklahoma Statutes|Title 22. Criminal Procedure|§22-1052. How governed.

|An appeal from a judgment in a criminal action may be taken in the manner and in the cases prescribed in this article. |R.L.1910, § 5989.
22 OK Stat § 22-1053 (2021)
2021 Oklahoma Statutes|Title 22. Criminal Procedure|§22-1053. Appeals taken by state or municipality – Allowable cases.

|Appeals to the Court of Criminal Appeals may be taken by the state or a municipality in the following cases and no other: |1. Upon judgment for the defendant on quashing or setting aside an indictment or information;2. Upon an order of the court arresting the judgment;3. Upon a question reserved by the state or a municipality;4. Upon judgment for the defendant on a motion to quash for insufficient evidence in a felony matter;5. Upon a pretrial order, decision, or judgment suppressing or excluding evidence where appellate review of the issue would be in the best interests of justice; and6. Upon a pretrial order, decision or judgment suppressing or excluding evidence in cases alleging violation of any provisions of Section 13.1 of Title 21 of the Oklahoma Statutes.Priority shall be given to appeals taken pursuant to paragraph 5 or 6 of this section, and an order staying proceedings shall be entered pending the outcome of the appeal.R.L.1910, § 5990. Amended by Laws 1978, c. 248, § 2, eff. July 1, 1978; Laws 1990, c. 261, § 3, emerg. eff. May 24, 1990; Laws 2002, c. 460, § 21, eff. Nov. 1, 2002; Laws 2009, c. 274, § 3, eff. Nov. 1, 2009.
22 OK Stat § 22-1053.1 (2021)
2021 Oklahoma Statutes|Title 22. Criminal Procedure|§22-1053.1. Automatic appeal of judgments holding statutes unconstitutional in criminal actions.

|Any final judgment entered by a district court in a criminal action rendering an act of the State Legislature to be unconstitutional shall be automatically appealed to the Court of Criminal Appeals, unless said act has been previously declared unconstitutional by said Court of Criminal Appeals. Such appeals shall be by the district attorney upon a reserved question of law. |Laws 1975, c. 270, § 1, eff. Oct. 1, 1975.
22 OK Stat § 22-1054 (2021)
2021 Oklahoma Statutes|Title 22. Criminal Procedure|§22-1054. Time for perfecting appeal - Original record and transcript - Notice to transmit - Indigent defendants.

|A. In misdemeanor and felony cases the appeal must be perfected within ninety (90) days from the date of the pronouncement of the judgment and sentence. A transcript in both felony and misdemeanor cases must be filed as hereinafter directed. |B. It shall be the duty of the clerk of the court from which notice of appeal has been given, and in which the original record and transcript are to be filed, to notify the clerk of the Court of Criminal Appeals when the original record and transcripts are assembled for transmission to the Court of Criminal Appeals, and the parties, or their counsel, have been advised to that effect. The clerk of the Court of Criminal Appeals shall, within ten (10) days after the receipt of the district court clerk's notice of the completion of the record, issue a notice to transmit the original and one certified copy of the appeal records to the clerk of the Court of Criminal Appeals and one certified copy of the original records and transcripts to either the Oklahoma Indigent Defense System, pursuant to Section 1362 of this title, or the retained or other appointed counsel of record on appeal.C. When the Oklahoma Indigent Defense System or another attorney has been appointed to represent an indigent defendant in an application for post-conviction relief where the defendant has received one or more sentences of death, the notice to the district court clerk shall require a certified copy be sent to the Oklahoma Indigent Defense System or the other attorney in addition to the copy provided for direct appeal.R.L. 1910, § 5991. Amended by Laws 1953, p. 98, § 1; Laws 1961, p. 238, § 1; Laws 1963, c. 107, § 1; Laws 1963, c. 355, § 1; Laws 1965, c. 113, § 2, emerg. eff. May 19, 1965; Laws 1993, c. 298, § 5, eff. July 1, 1993; Laws 1995, c. 256, § 2, eff. Nov. 1, 1995.
22 OK Stat § 22-1054.1 (2021)
2021 Oklahoma Statutes|Title 22. Criminal Procedure|§22-1054.1. Perfecting appeal without filing motion for new trial.

|The right of a party to perfect an appeal from a judgment, order or decree of the trial court to the Court of Criminal Appeals shall not be conditioned upon his having filed in the trial court a motion for a new trial, but in the event a motion for a new trial is filed in the trial court by a party adversely affected by the judgment, order or decree, no appeal to the Court of Criminal Appeals may be taken until subsequent to the ruling by the trial court on the motion for a new trial. |Added by Laws 1985, c. 99, § 1, emerg. eff. May 28, 1985.
22 OK Stat § 22-1056 (2021)
2021 Oklahoma Statutes|Title 22. Criminal Procedure|§22-1056. Appeal by state not to suspend judgment.

|An appeal taken by the state in no case stays or affects the operation of the judgment in favor of the defendant, until the judgment is reversed. |R.L.1910, § 5993.
22 OK Stat § 22-1058 (2021)
2021 Oklahoma Statutes|Title 22. Criminal Procedure|§22-1058. Conditions of bond - Surrender by sureties - Stay of execution - Confinement of defendant when crime not bailable.

|If an appeal is taken and the appeal bond given as provided in the preceding section, said bond shall be conditioned that the defendant will appear, submit to and perform any judgment rendered by the Criminal Court of Appeals or the court in which the original judgment was rendered in the further progress of the cause, and will not depart without leave of the court. After the determination of the appeal in the Criminal Court of Appeals, or if the appeal is not perfected as provided by law, the defendant may be surrendered by the sureties to the proper authorities for the execution of the sentence. If the defendant be adjudged to be incarcerated in any penal institution and/or to pay a fine, said sureties shall be relieved of liability for such fine and costs upon surrender of the defendant to the proper authorities for incarceration pursuant to the judgment and prior to forfeiture of the bond. If no bond be given the appeal shall not stay execution of the judgment, except in capital cases or where otherwise specifically provided by law. If pending the appeal the bond be given, a further execution of the judgment shall be stayed and the defendant released pending the determination of the appeal. In all cases where the sentence is for a crime not bailable the defendant shall be confined in the penitentiary pending the appeal. |R.L. 1910, § 5995; Laws 1935, p. 20, § 1.
22 OK Stat § 22-1062 (2021)
2021 Oklahoma Statutes|Title 22. Criminal Procedure|§22-1062. Exceptions.

|The exceptions stated in the case shall have the same effect as if they had been reduced to writing, allowed and signed by the judge at the time they were taken. |R.L.1910, § 5999.
22 OK Stat § 22-1065 (2021)
2021 Oklahoma Statutes|Title 22. Criminal Procedure|§22-1065. Defendants may appeal jointly or severally.

|When several defendants are tried jointly, any one or more of them may take an appeal, but those who do not join in the appeal shall not be affected thereby. |R.L.1910, § 6002.
22 OK Stat § 22-1066 (2021)
2021 Oklahoma Statutes|Title 22. Criminal Procedure|§22-1066. Power of appellate court - Return by clerk of lower court when new trial granted.

|The appellate court may reverse, affirm or modify the judgment or sentence appealed from, and may, if necessary or proper, order a new trial or resentencing. In either case, the cause must be remanded to the court below, with proper instructions, and the opinion of the court, within the time, and in the manner, to be prescribed by rule of the court. |If the case is reversed for a new trial, the clerk of the court from which such cause was appealed is required to make return showing that said case was specifically called to the attention of the trial court at the time of the setting of the docket following receipt of mandate, and showing the court's action in placing said cause on the docket for trial, said return to be made immediately after the trial and entry of judgment, or earlier disposal. Should the case not be retried and should it be dismissed by the court, return shall be made, giving the reasons stated by the court in his minutes justifying such dismissal.Amended by Laws 1990, c. 261, § 2, emerg. eff. May 24, 1990.
22 OK Stat § 22-1067 (2021)
2021 Oklahoma Statutes|Title 22. Criminal Procedure|§22-1067. Order when no offense committed - When indictment defective.

|When a judgment against the defendant is reversed, and it appears that no offense whatever has been committed, the Criminal Court of Appeals must direct that the defendant be discharged; but if it appears that the defendant is guilty of an offense although defectively charged in the indictment, the Criminal Court of Appeals must direct the prisoner to be returned and delivered over to the jailer of the proper county, there to abide the order of the court in which he was convicted. |R.L.1910, § 6004.
22 OK Stat § 22-1069 (2021)
2021 Oklahoma Statutes|Title 22. Criminal Procedure|§22-1069. Appeal not dismissed for informality.

|An appeal shall not be dismissed for any informality or defect in the taking thereof. If the same be corrected in a reasonable time after an appeal has been dismissed, another appeal may be taken. |R.L.1910, § 6006.
22 OK Stat § 22-1070 (2021)
2021 Oklahoma Statutes|Title 22. Criminal Procedure|§22-1070. Judgment to be executed on affirmance.

|On a judgment of affirmance against the defendant, the original judgment must be carried into execution, as the appellate court may direct. |R.L.1910, § 6007.
22 OK Stat § 22-1071 (2021)
2021 Oklahoma Statutes|Title 22. Criminal Procedure|§22-1071. Opinions to be recorded.

|All opinions of the Criminal Court of Appeals must be given in writing and recorded in the journal. |R.L.1910, § 6008.
22 OK Stat § 22-1071.1 (2021)
2021 Oklahoma Statutes|Title 22. Criminal Procedure|§22-1071.1. Court of Criminal Appeals – Online publication of opinions.

|Opinions of the Oklahoma Court of Criminal Appeals designated for official publication shall be published on the Oklahoma State Courts Network website. The Oklahoma Court of Criminal Appeals is hereby requested to provide notice of release of its opinion to all subscribers of record who have requested copies of opinions not less than two (2) business days prior to publication of the opinion on the website. Notice to the parties shall be made via electronic mail or on the website of the Oklahoma State Courts Network. |Added by Laws 2017, c. 380, § 3, eff. Nov. 1, 2017.
22 OK Stat § 22-1072 (2021)
2021 Oklahoma Statutes|Title 22. Criminal Procedure|§22-1072. Record and enforcement of mandate or order in lower court - Return by clerk of lower court to clerk of Criminal Court of Appeals.

|It is hereby made the duty of the court clerk in all counties, upon receipt from the Clerk of the Criminal Court of Appeals of any mandate or order of the Criminal Court of Appeals, to immediately and without any order from the court, or judge thereof, to spread said mandate or order of record in the proper court, and to issue and place in the hands of the proper officer appropriate process for carrying out such mandate or order. |That it shall be the duty of any such court clerk to immediately upon return being made by the officer to whom process is delivered, to thereafter make return to the Clerk of the Criminal Court of Appeals, showing the date that mandate was received, date filed and recorded, the date process was issued to the officer, and the date the process was served and whether the convicted person was incarcerated. If incarceration of the prisoner is delayed by reason of flight, or for any other cause for a period of more than fifteen (15) days after receipt of mandate, the return, under any such circumstance causing delay, must be immediately made to the Clerk of the Criminal Court of Appeals; and upon later apprehension of prisoner and incarceration, a further return must be made to the Clerk of the Criminal Court of Appeals, reporting the facts, within ten (10) days after such incarceration.Laws 1927, c. 28, p. 46, § 1; Laws 1953, p. 99, § 3.
22 OK Stat § 22-1076 (2021)
2021 Oklahoma Statutes|Title 22. Criminal Procedure|§22-1076. Notice to defendant of his right to appeal - Stay of execution of judgment.

|The court shall at the time of entering judgment and sentence notify the defendant of his right to appeal. An appeal from a judgment of conviction stays the execution of the judgment in all cases where sentence of death is imposed, but does not stay the execution of the judgment in any other case unless the trial or appellate court shall so order. |Laws 1969, c. 182, § 1, emerg. eff. April 17, 1969.
22 OK Stat § 22-1077 (2021)
2021 Oklahoma Statutes|Title 22. Criminal Procedure|§22-1077. Bail allowable.

|Bail on appeal shall be allowed on appeal from a judgment of conviction of misdemeanor, or in felony cases where the punishment is a fine only, and when made and approved shall stay the execution of such judgment. Bail on appeal after the effective date of this act shall not be allowed after conviction of any of the following offenses: |1. Murder in any degree;2. Kidnapping for purpose of extortion;3. Robbery with a dangerous weapon;4. Rape in any degree;5. Arson in the first degree;6. Shooting with intent to kill;7. Manslaughter in the first degree;8. Forcible sodomy;9. Any felony conviction for which the evidence shows that the defendant used or was in possession of a firearm or other dangerous or deadly weapon during the commission of the offense;10. Trafficking in illegal drugs;11. Manufacturing a controlled dangerous substance;12. Sexual abuse of a child; or13. Any other felony after former conviction of a felony.The granting or refusal of bail after judgment of conviction in all other felony cases shall rest in the discretion of the court; however, if bail is allowed, the trial court shall state the reason therefor.Added by Laws 1969, c. 182, § 2, emerg. eff. April 17, 1969. Amended by Laws 1981, c. 258, § 1; Laws 1987, c. 136, § 7, eff. Nov. 1, 1987; Laws 1988, c. 109, § 28, eff. Nov. 1, 1988; Laws 2001, c. 234, § 1, eff. Nov. 1, 2001.NOTE: Laws 2001, c. 225, § 7 repealed by Laws 2002, c. 22, § 34, emerg. eff. March 8, 2002.
22 OK Stat § 22-1078 (2021)
2021 Oklahoma Statutes|Title 22. Criminal Procedure|§22-1078. Amount of bond - Time to make appeal bond - Stay pending appeal - Additional bond.

|When bail is allowed, the court shall fix the amount of the appeal bond and the time in which the bond shall be given in order to stay the execution of the judgment pending the filing of the appeal in the appellate court, and until such bond is made shall hold the defendant in custody. If the bond be given in the time fixed by the court, the execution of the judgment shall be stayed during the time fixed by law for the filing of the appeal in the appellate court. If the appeal is filed within the time provided by law, then the bond shall stay the execution of the sentence during the pendency of the appeal, subject to the power of the court to require a new or additional bond when the same is by the court deemed necessary. If the bond is not given within the time fixed, or if given and the appeal not be filed in the appellate court within the time provided by law, the judgment of the court shall immediately be carried into execution. |Laws 1969, c. 182, § 3, emerg. eff. April 17, 1969.
22 OK Stat § 22-1079 (2021)
2021 Oklahoma Statutes|Title 22. Criminal Procedure|§22-1079. Denial of bail - Review by habeas corpus.

|If bail on appeal be denied, or the amount fixed be excessive, the defendant shall be entitled to a review of the action of the trial court and its reasons for refusing bail, by habeas corpus proceedings before the appellate court, or if the court be not in session, then by some judge of said court. |Laws 1969, c. 182, § 4, emerg. eff. April 17, 1969.
22 OK Stat § 22-1080 (2021)
2021 Oklahoma Statutes|Title 22. Criminal Procedure|§22-1080. Post-Conviction Procedure Act - Right to challenge conviction or sentence.

|Any person who has been convicted of, or sentenced for, a crime and who claims: |(a) that the conviction or the sentence was in violation of the Constitution of the United States or the Constitution or laws of this state;(b) that the court was without jurisdiction to impose sentence;(c) that the sentence exceeds the maximum authorized by law;(d) that there exists evidence of material facts, not previously presented and heard, that requires vacation of the conviction or sentence in the interest of justice;(e) that his sentence has expired, his suspended sentence, probation, parole, or conditional release unlawfully revoked, or he is otherwise unlawfully held in custody or other restraint; or(f) that the conviction or sentence is otherwise subject to collateral attack upon any ground of alleged error heretofore available under any common law, statutory or other writ, motion, petition, proceeding or remedy;may institute a proceeding under this act in the court in which the judgment and sentence on conviction was imposed to secure the appropriate relief. Excluding a timely appeal, this act encompasses and replaces all common law and statutory methods of challenging a conviction or sentence.Added by Laws 1970, c. 220, § 1, eff. July 1, 1970.