Oklahoma Post-Conviction Procedures in Capital Cases refer to the legal processes that take place after a defendant has been convicted of a capital crime. These procedures include direct appeal, post-conviction relief, clemency and habeas corpus petitions. Direct Appeal: A direct appeal allows the defendant to appeal the conviction or sentence to the Oklahoma Court of Criminal Appeals, the highest criminal court in the state. During this process, the court will review the record of the criminal proceedings and consider any claims of error that may have occurred. Post-Conviction Relief: Post-conviction relief allows the defendant to file a motion in the trial court for relief from the conviction or sentence. This is done by filing a motion to vacate, set aside, or correct the conviction or sentence. This motion must be filed within two years of the conviction or sentencing. Clemency: Clemency is the act of mercy or leniency exercised by the executive branch of government. In Oklahoma, the power to grant clemency lies with the Governor and the Pardon and Parole Board. The Governor can grant a full or partial commutation of the sentence or a pardon of the conviction. Habeas Corpus Petition: A habeas corpus petition is a legal document filed with a court or tribunal seeking a review of the legality of a person’s detention. This petition is typically filed by an attorney on behalf of the defendant and is usually used when all other appeals have been exhausted.