Oklahoma § 22-1080 Post-Conviction Procedure Act - Right to challenge

Oklahoma Statutes

§ 22-1080 — Post-Conviction Procedure Act - Right to challenge

Oklahoma·Title 22 Criminal Procedure

conviction or sentence. Any person who has been convicted of, or sentenced for, a crime and who claims: 1. That the conviction or the sentence was in violation of the Constitution of the United States or the Constitution or laws of this state; 2. That the court was without jurisdiction to impose sentence; 3. That the sentence exceeds the maximum authorized by law; 4. 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; 5. That the sentence has expired, the suspended sentence, probation, parole, or conditional release unlawfully revoked, or he or she is otherwise unlawfully held in custody or other restraint; or 6. That the conviction or sentence is otherwise subject to collateral a

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conviction or sentence. Any person who has been convicted of, or sentenced for, a crime and who claims: 1. That the conviction or the sentence was in violation of the Constitution of the United States or the Constitution or laws of this state; 2. That the court was without jurisdiction to impose sentence; 3. That the sentence exceeds the maximum authorized by law; 4. 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; 5. That the sentence has expired, the suspended sentence, probation, parole, or conditional release unlawfully revoked, or he or she is otherwise unlawfully held in custody or other restraint; or 6. 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 the Post-Conviction Procedure Act in the court in which the judgment and sentence on conviction was imposed to secure the appropriate relief. Excluding a timely appeal, the Post-Conviction Procedure Act encompasses and replaces all common law and statutory methods of challenging a conviction or sentence including, but not limited to, writs of habeas corpus.

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