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SMITH v. OKLAHOMA DEPT. OF CORRECTIONS

No. 96,111.

37 P.3d 872 (2001)

2001 OK 95

Margaret SMITH and Joshua Motley, for themselves and all others similarly situated, Plaintiffs/Appellants, v. OKLAHOMA DEPARTMENT OF CORRECTIONS, an agency of the State of Oklahoma, James Saffle, Commissioner, Defendant/Appellee, and Old Republic Surety Company, Defendant.

Supreme Court of Oklahoma.

November 13, 2001.

Attorney(s) appearing for the Case

Bob G. Carpenter, Richard D. Laquer, Curtis W. Bussett, Oklahoma City, Oklahoma, for the appellants.

Andrew Tevington, Assistant Attorney General, Office of the Attorney General of Oklahoma, Oklahoma City, Oklahoma, for the appellee.

HODGES, J.

I. ISSUE

¶ 1 The issue in this appeal is whether jurisdiction is in the Supreme Court of Oklahoma or the Court of Criminal Appeals. We find that the dispositive issue in this appeal is criminal in nature over which the Court of Criminal Appeals has exclusive appellate jurisdiction.

II. FACTS

¶ 2 In March of 1995, Margaret Smith was sentenced for a felony and placed on probation...

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