§22-1080.1. Limitation period.
292 words·~1 min read·
/ok/title-22-criminal-procedure/22-1080-1·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
A. A one-year period of limitation shall apply to the filing of any application for post-conviction relief, whether an original application or a subsequent application. The limitation period shall run from the latest of:
1. The date on which the judgment of conviction or revocation of suspended sentence became final by the conclusion of direct review by the Oklahoma Court of Criminal Appeals or the expiration of the time for seeking such review by the Oklahoma Court of Criminal Appeals;
2. The date on which the Governor revoked parole or conditional release, if the petitioner is challenging the lawfulness of said revocation;
3. The date on which any impediment to filing an application created by a state actor in violation of the Constitution of the United States or the Constitution of the State of Oklahoma, or laws of the State of Oklahoma, is removed, if the petitioner was prevented from filing by such action;
4. The date on which the constitutional right asserted was initially recognized by the United States Supreme Court, if the right has been newly recognized by the United States Supreme Court and made retroactively applicable to cases on collateral review; or
5. The date on which the factual predicate of the claim or claims presented could have been discovered through the exercise of due diligence.
B. Subject to the exceptions provided for in this section, this limitation period shall apply irrespective of the nature of the claims raised in the application and shall include jurisdictional claims that the trial court lacked subject-matter jurisdiction.
C. The provisions of this section shall apply to any post- conviction application filed on or after the effective date of this act. Added by Laws 2022, c. 144, § 2, eff. Nov. 1, 2022.