(405) 231-5600
Contact Us
Facebook
Twitter
YouTube
  • Reviews
  • About
    • About The Firm
    • John Hunsucker
    • Douglas Baxter
    • Robert McMaster
  • Case Results
  • Payment Plans
  • Practice Areas
    • DUI
    • Drug Crimes
    • Assault & Battery
    • Domestic Violence
    • Homicide Crimes
    • Property Crimes
    • Weapons Offenses
    • Other Offenses
  • FAQs
  • Helpful Videos
  • Expungement
    • Expungement FAQs
  • Contact

Appealing a Criminal Case in Oklahoma

Home FAQs Appealing a Criminal Case in Oklahoma

Appealing a Criminal Case in Oklahoma

The various parts of a court case can leave anyone’s head spinning. Lawyers, evidence, juries, testimonies, and witnesses all have a say and a time limit to determine your future. This means that the judicial system is dependent on imperfect human judgment, and many factors can contribute to an unjust verdict.

An appeal is your chance and your right to have fresh eyes look at your case. If the judge and jury are different for the appeal, let a new appellate lawyer also take a fresh look at the elements that might have led to a wrongful conviction or sentencing.

Types of Appeals

In the state of Oklahoma, there are two types of appellate courts: civil and criminal. For criminal state offenses, an appeal must be presented to the highest court in Oklahoma, The Oklahoma Court of Criminal Appeals in Oklahoma City.

For federal criminal offenses, the appeal must be presented to the US Court of Appeals for the Tenth District, which handles most territories in the Southwest and certain territories in the Northwest.

When filing an appeal, make sure that the errors made in your case were not “harmless errors,” or errors that wouldn’t have had an effect on the overall ruling of your case.

When to Appeal

When discussing the possibility of an appeal with an appellate attorney, he or she will study your case for non-harmless errors that would justify the appeal. Non-harmless errors include the following:

  • Legal errors, such as if evidence was not submitted properly or there was lack of evidence for a conviction, or if the jury was not instructed properly about your case
  • Unreliable Jurors, such as ones who have spoken about the case with others outside of the deliberation room (other jurors, news, media, prosecutors, etc.), jurors who have received information outside of the case (by investigation or another source), jurors who did not give truthful information to the judge during the pre-trial interview, and jurors who were not sober during the trial/deliberation or did not pay attention to the trial
  • False swaying of the jury by a witness/the prosecutor lying or withholding evidence/testimony
  • Failure to properly process information during the trial by your lawyer, including not investigating, holding back, or objecting to evidence presented; not objecting to or investigating statements made by the other side; not interviewing witnesses or checking responses made in court; giving you the wrong advice or withholding a potential plea bargain
  • New Evidence, discovered after the original conviction
  • Based on the presented errors or new evidence, the appeals court can decide to keep the judgment of the original court, reverse the judgment of the original court, change the judgment or sentence of the original court, or send the case back to the original court for a new trial or a different sentence (in which case the Oklahoma Court of Appeals must send proper instructions to make sure that the same errors do not happen again.)

Post-Conviction Relief

If the appeal of a case does not work or apply, it is still your right to apply for Post-Conviction Relief, challenging the original sentence.

You may challenge the sentencing if:

  • The conviction or the sentence violates the Constitution or state laws
  • The sentencing court did not have the power to give such a sentence
  • The length/time of the sentence is more than the maximum for the law
  • New evidence or testimonies are introduced that may hold off the conviction or sentencing for the sake of justice
  • You have been illegally held in custody (i.e. the sentence is over or suspended or the probation/parole/conditional release is illegally retracted)

Also, if any other physical evidence has been presented illegally, the court MUST review the sentence of the crime if an appeal is presented in a timely manner.

Note that in Post-Conviction Relief appeals, issues that were already dismissed in the appeals process CANNOT be brought up again.

Free Case Evaluation




  • Reviews
  • About
    • About The Firm
    • John Hunsucker
    • Douglas Baxter
    • Robert McMaster
  • Case Results
  • Payment Plans
  • Practice Areas
    • DUI
    • Drug Crimes
    • Assault & Battery
    • Domestic Violence
    • Homicide Crimes
    • Property Crimes
    • Weapons Offenses
    • Other Offenses
  • FAQs
  • Helpful Videos
  • Expungement
    • Expungement FAQs
  • Contact
  • Home
  • Reviews
  • About
    • About The Team
    • John Hunsucker
    • Douglas Baxter
    • Robert McMaster
  • Practice Areas
    • DUI
      • Actual Physical Control
      • Driving Under the Influence
      • DWI
    • Drug Crimes
      • Cocaine Laws
      • Heroin Laws
      • Methamphetamine Laws
      • Drug Trafficking
      • Possession of Drug Proceeds
      • Drug Diversion and Alternatives to Jail For Women
      • Controlled Substances & Drug Schedules
      • Drug Trafficking vs. Distribution
      • Drug Possession Felony
      • Drug Possession on College Campus
      • Marijuana Laws
        • Marijuana Cultivation
        • Marijuana Paraphernalia Possession
        • Marijuana Possession
        • Possession with Intent to Distribute
        • Marijuana Trafficking
    • Assault and Battery
      • Against Emergency Medical Personnel
      • Against Law Enforcement
      • Aggravated Assault and Battery
      • Exploitation, Neglect and Abuse of Elderly
      • Dangerous or Deadly Weapon
      • Use of Force Justified
      • Threatening Violence
      • Other Assault and Battery Provisions
    • Domestic Violence
      • Domestic Abuse a Felony
      • Domestic Abuse Defined
      • Child Endangerment
      • Child Neglect
      • Child Abuse
    • Homicide Crimes
      • Manslaughter
      • Negligent Homicide
      • Justifiable Use of Deadly Force
      • Attempt or Intent to Kill
    • Property Crimes
      • Breaking and Entering
      • Burglary
      • Embezzlement
      • Fraud
      • Larceny
      • Receiving Stolen Property
      • Robbery
      • Shoplifting
      • White-Collar Crimes
      • Writing Bad Checks
      • Home Invasion
      • Vandalism and Malicious Mischief
    • Weapons Offenses
      • Gun Crimes
      • Carrying a Gun
      • Illegal Weapons Possession
      • Bombing, Manufacturing Bombs and Bomb Threats
    • Other Offenses
      • Acts of Terrorism and Terroristic Threats
      • Arson
      • College Campus Crimes
      • Hate Crimes
      • Harassment
      • Human Trafficking and Prostitution
      • Kidnapping Charges
      • Stalking
    • Sex Crimes
      • Sexual Assault
      • College Campus Sex Crimes
      • Sex Offender Registration
      • Internet and Computer Sex Crimes
  • FAQs
    • Court & Legal Procedures
      • Bail Hearings (Bond Hearing)
      • Probation Violations
      • Restraining Orders
      • Victim Protective Order
      • Veterans Diversion Programs & Alternatives to Jail
      • Search and Seizure Laws
      • Motion to Suppress Evidence
      • Criminal Charges and Global Entry/TSA PreCheck
      • What Is Probable Cause in a Criminal Case?
      • What Is Reasonable Suspicion in a Criminal Case?
      • What Is Circumstantial Evidence?
  • Oklahoma Criminal Defense Helpful Videos
  • Blog
  • Contact

Hunsucker Legal Group

Arrested in Texas? Click Here

Pay Online Now

Contact Info

600 West Sheridan
Oklahoma City, Oklahoma 73102
Phone: 405-231-5600
Email Us

About Us

Our Oklahoma City based law firm handles a wide variety of Oklahoma criminal charges. Learn More

© 2018-2023 Oklahoma-Criminal-Defense-Lawyer.com • All Rights Reserved.

  • Reviews
  • About
    • About The Firm
    • John Hunsucker
    • Douglas Baxter
    • Robert McMaster
  • Case Results
  • Payment Plans
  • Practice Areas
    • DUI
    • Drug Crimes
    • Assault & Battery
    • Domestic Violence
    • Homicide Crimes
    • Property Crimes
    • Weapons Offenses
    • Other Offenses
  • FAQs
  • Helpful Videos
  • Expungement
    • Expungement FAQs
  • Contact

PLEASE TAKE NOTICE THAT THE ASSEMBLY AND OVERALL APPEARANCE OF THE CONTENT OF THIS WEBSITE AS WELL AS THE CONTENT ITSELF, INCLUDING BUT NOT LIMITED TO ANY AND ALL IMAGES, GRAPHICS, DESIGNS, SOFTWARE, AUDIO OR LOGOS CONTAINED ON THIS WEBSITE ARE THE EXCLUSIVE PROPRIETARY PROPERTY OF THIS WEBSITE AND ARE FULLY PROTECTED BY U.S. AND INTERNATIONAL COPYRIGHT LAWS (FOR ADDITIONAL INFORMATION, SEE WWW.COPYRIGHT.GOV). PLEASE BE ADVISED THAT ANY AND ALL UNAUTHORIZED USE, INCLUDING BUT NOT LIMITED TO REPUBLICATION AND REPRODUCTION OF ANY CONTENT CONTAINED ON THE WEBSITE IS ILLEGAL AND PROHIBITED BY U.S. AND INTERNATIONAL COPYRIGHT LAWS. THE OWNERS OF THIS WEBSITE WILL SEEK PENALTIES TO THE FULLEST EXTENT OF THE LAW AGAINST ANY INDIVIDUAL OR COMPANY WHO WITHOUT AUTHORITY USE THE CONTENT OF THIS WEBSITE.