Allen v. State, 2011 OK CR 31

Allen was scheduled for execution for first-degree murder and death sentence in CF-1986-6295; clemency proceedings stayed execution to May 19, 2005.
Pittsburg County ordered stay pending resolution of sanity issue in 2005; sanity hearings scheduled.
A jury trial on Allen’s sanity occurred April 28–May 1, 2008; the jury found Allen sane.
Oklahoma Supreme Court initially determined it had jurisdiction, then transferred the case to this Court for criminal matters in 2010; records received March 10, 2011, with supplemental briefing completed by October 10, 2011.
Petitioner seeks review of the Pittsburg County jury’s sanity finding; statute provides no appeal procedure for sanity proceedings under 22 O.S. 2001, § 1005 et seq.; this Court concludes there is no federal or state right to appeal from a sanity finding.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether there is a statutory or constitutional right to appeal a sanity finding.	Allen argues Supreme Court order requires review.	State contends no appeal right exists for sanity findings under §1005 et seq.	No right to appeal; appeal dismissed.
Whether Bingham v. State remains valid law governing appellate review of sanity rulings.	Allen contends Bingham is outdated and no longer viable.	State maintains Bingham remains controlling law.	Court rejects challenge to Bingham; no federal right to appeal governs sanity findings.

Bingham v. State, 169 P.2d 311 (Okla. Cr. 1946) (sanity rulings under §§1005–1008 not reviewable)
Ford v. Wainwright, 477 U.S. 399 (U.S. 1986) (no execution of insane persons; standard procedure)
Panetti v. Quarterman, 551 U.S. 930 (U.S. 2007) (procedural due process; substantial showing of insanity required)
Halbert v. Michigan, 545 U.S. 605 (U.S. 2005) (no federal constitutional obligation to provide appellate review)
Hughes v. State, 868 P.2d 730 (1994 OK CR 3) (reaffirmed exclusive jurisdiction considerations)