OKLAHOMA
Indigent Defense System

 

 

 

 

 

 

 

   STATUTE OF LIMITATIONS

 

 

Anderson, Jeffrey v. State, COCA Case No. RE-2000-0688, (April 17, 2001)
(Revocation, 20-day rule violation)

Biby, Robert v. State, COCA Case No. RE-2000-1170, (Aug. 10, 2001)
(Revocation, Jurisdiction, expiration of suspended sentence)

Bills, Lavester, v. State, COCA Case No. O-1998-698, (May 14, 1999)
(Revocation, Jurisdiction, expiration of deferred term)

Brumley, Susan v. State, COCA Case No. RE-2000-630, (Jan. 12, 2001)
(Revocation, Jurisdiction, Case previously dismissed)

Carter, William v. State, COCA Case No.  F-1999-1293, (Jan. 4, 2001)
(Statute of Limitations)

Doyle, Leslie v. State, COCA Case No. S-2009-719 (March 22, 2010)
(State Appeals; Statute of Limitations) Enhancement of DUI based on prior DUI requires the conviction to have occurred within the 10-year window.

Dunivan, Timothy Mark v. State, COCA Case No. F-2005-232 (July 25, 2006) (Statute of Limitations) Two counts of physical child abuse reversed with instructions to dismiss because statute of limitations had expired prior to filing of charges.

Grass, Floyd v. State, COCA Case No. RE-1999-295, (March 2, 2000)
(Revocation, 20-day rule)

Hill, Starlyn Sean, COCA Case No. C-2021-504 (February 9, 2023) (Certiorari; Guilty Plea Decisions; Statute of Limitations) Client entered blind plea to nineteen counts of a variety of sex crimes, ten of which the Oklahoma Court of Criminal Appeals found were outside the state of limitations. Plea was not knowing and voluntary under these circumstances. Client allowed to withdraw plea to all counts. Statute of limitations is a jurisdictional bar to prosecution, not merely an affirmative defense.

Hogan, Daniel Timothy v. State, COCA Case No. F-2008-667 (August 27, 2009)
(Statute of Limitations) Four counts reversed with instructions to dismiss because they were outside the statute of limitations.

Lamb, Michael v. State, COCA Case No. RE-1999-211, (Jan. 24, 2000)
(Revocation, State’s application to revoke filed too late)

McGowan, Ronald v. District Court of McIntosh County, COCA Case No. P-98-508 (August 5, 1998)
(District Court loses jurisdiction of state’s Rule 6 appeal after 20 days)

Rice, Kaylen Harrison, COCA Case No. RE-2020-501 (May 26, 2022) (Revocation; Sentencing; Statute of Limitations) The Court to vacate the post-imprisonment supervision imposed at the revocation hearing, and also turned back the State’s constitutional challenge to the statute limiting the time to serve upon revocation to the current sentencing range. That is drug possession cases can only be revoked for one year since that’s now the sentence cap.

Vann, Roy v. State, COCA Case No. RE-1999-496, (Jan. 24, 2000)
(Acceleration, failure of State to timely pursue application)

Walker, Kenneth Linn v. State, COCA Case No. F-2003-443 (May 27, 2004)
(Statute of Limitations) One count of sexual exploitation of a child dismissed due to expiration of statute of limitations.

Wright, Jeremy v. State, COCA Case No. RE-2000-434, (March 9, 2001)
(Revocation, 20-day Rule violation)