Oklahoma Motion to Bar Prejudicial and Inaccurate Speculation Concerning Defendant's Possible Eligibility for Parole
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FAQ
85% CALCULATION The 85% rule essentially prevents an inmate from being released from custody - by DOC through the application of credits or released on parole - prior to serving 85% of the sentence imposed. The sentences subject to this rule are those contained in statute.
Oklahoma law allows a criminal defendant to file a Motion to Quash for insufficient evidence in felony cases after a preliminary hearing.
Clear and Convincing Evidence Oklahoma law defines it this way: ?Clear and convincing evidence is that measure or degree of proof which will produce in the mind of the trier of fact a firm belief or conviction as to the truth of the allegation sought to be established.?
For inmates sentenced to life in prison, the life sentence is calculated at 45 years for parole purposes. That means a person with a life sentence for an 85 percent crime would have to serve more than 38 years before accumulating credits toward parole.
In Strunk v. United States , the U.S. Supreme Court rules that if the Sixth Amendment's speedy trial right is violated, then the Court must dismiss the indictment against the defendant or reverse the conviction.
The offenses listed in the 85% crime statute (OKLA. STAT. tit. 21 §13.1) prohibit an offender from receiving earned credits or any other type of credits that would reduce the length of the offender's sentence below 85% of the sentenced imposed by judge or jury in Oklahoma.
There are two types of crimes in Oklahoma that are considered 85% crimes. They are sexual and violent crimes.
A life sentence in Oklahoma is considered 45 years in prison. In Oklahoma, several classes of crimes may result in a life sentence, including first-degree murder and first-degree robbery.