- Felonies
are crimes that are usually punishable by at least one
year or more of jail time.
- Misdemeanors
are less severe charges punishable by a fine or jail
time of less than one year.
Unlike most
states, Oklahoma has two courts of last resort.
The Supreme Court determines all issues of a
civil nature, and the Oklahoma Court of Criminal
Appeals decides all criminal matters. Members of
these courts, and of the Court of Civil Appeals,
are appointed by the governor from a list of
three names submitted by the Oklahoma Judicial
Nominating Commission.
In making its
decisions, the Oklahoma Supreme Court interprets
both the State and Federal Constitutions. If the
question presented is one purely of state law,
the Oklahoma Supreme Court is the final arbiter.
An opinion of the Oklahoma Supreme Court, based
on the Oklahoma Constitution, affording greater
rights than those preserved by the United States
Constitution may not be overturned by the United
States Supreme Court. The Oklahoma Supreme Court
decides no criminal cases. Criminal cases fall
within the exclusive appellate jurisdiction of
the Court of Criminal Appeals. In recent years,
the backlog of the Court of Criminal Appeals has
been virtually extinguished, guaranteeing that
both the State and individual litigants have a
speedy resolution of appellate issues relating
to crimes committed in Oklahoma. If a conflict
arises over the jurisdiction of the two courts
--- Supreme Court or Court of Criminal Appeals
--- the Supreme Court determines which court has
jurisdiction. Its determination is final and not
subject to review.
Over the last
ten years, the Oklahoma Supreme Court has
reduced its backlog of cases from 3,331 in 1998
to 1,476 in January of this year. In 1997, the
Supreme Court disposed of 2,142 cases -- 232
more cases than were filed. Every case filed has
been assigned to a Supreme Court Justice or to a
Judge of the Court of Civil Appeals. During
1999, it is expected that cases decided within
six months of the date of assignment and within
nine months after assignment in the Supreme
Court.
The Court of
Civil Appeals is responsible for the majority of
appellate decisions. These opinions may be
released for publication either by the Court of
Civil Appeals or by the Supreme Court. When the
opinions are released for publication by the
Supreme Court, they have precedential value. The
Court of Civil Appeals is made up of four
divisions, each composed of three Judges. Two
divisions of the Court of Civil Appeals are
located in Oklahoma City and two are housed in
Tulsa.
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