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§21-701.13.
§21-701.13.
A. Whenever the death penalty is imposed, and upon the judgment
becoming final in the trial court, the sentence shall be reviewed on
the record by the Oklahoma Court of Criminal Appeals. The court
reporter of the trial court shall prepare all transcripts necessary
for appeal within six (6) months of the imposition of the sentence.
The clerk of the trial court, within ten (10) days after receiving the
transcript, shall transmit the entire record and transcript to the
Oklahoma Court of Criminal Appeals together with a notice prepared by
the clerk and a report prepared by the trial judge. The notice shall
set forth the title and docket number of the case, the name of the
defendant and the name and address of his attorney, a narrative
statement of the judgment, the offense, and the punishment prescribed.
The report shall be in the form of a standard questionnaire prepared
and supplied by the Oklahoma Court of Criminal Appeals.
B. The Oklahoma Court of Criminal Appeals shall consider the
punishment as well as any errors enumerated by way of appeal.
C. With regard to the sentence, the court shall determine:
1. Whether the sentence of death was imposed under the influence of
passion, prejudice, or any other arbitrary factor; and
2. Whether the evidence supports the jury's or judge's finding of a
statutory aggravating circumstance as enumerated in Section 701.12 of
this title.
D. Both the defendant and the state shall have the right to submit
briefs within the time provided by the court, and to present oral
argument to the court. The defendant shall have one hundred twenty
(120) days from the date of receipt by the court of the record,
transcript notice, and report provided for in subsection A of this
section, in which to submit a brief. The state shall have sixty (60)
days from the date of filing of the defendant's brief to file a reply
brief. The defendant may file a reply brief within a time period
established by the court, however the receipt of the reply brief, the
hearing of oral arguments, and the rendering of a decision by the
court all shall be concluded within one (1) year after the date of the
filing of the reply brief. If the defendant or the state fails to
submit their respective briefs within the period prescribed by law,
the defendant or the state shall transmit a written statement of
explanation to the Presiding Judge of the Court of Criminal Appeals
who shall have the authority to grant an extension of the time to
submit briefs, based upon a showing of just cause. Failure to submit
briefs in the required time may be punishable as indirect contempt of
court.
E. In addition to its authority regarding correction of errors, the
court, with regard to review of death sentences, shall be authorized
to:
1. Affirm the sentence of death; or
2. Set the sentence aside and remand the case for resentencing by the
trial court.
F. The sentence review shall be in addition to direct appeal, if
taken, and the review and appeal shall be consolidated for
consideration. The court shall render its decision on legal errors
enumerated, the factual substantiation of the verdict, and the
validity of the sentence.
G. If the court reporter of the trial court fails to complete
preparation of the transcripts necessary for appeal within the
six-month period required by the provisions of subsection A of this
section, the court reporter shall transmit a written statement of
explanation of such failure to the Chief Justice of the Oklahoma
Supreme Court, the Presiding Judge of the Court of Criminal Appeals,
and the Administrative Director of the Courts. The Court of Criminal
Appeals shall have the authority to grant an extension of the time for
filing the transcripts, based upon a showing of just cause. Failure to
complete the transcripts in the required time may be punishable as
indirect contempt of court and except for just cause shown may result
in revocation of the license of the court reporter.
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