TULSA, Okla. — Attorneys for Kimberly Graham are set to appeal Judge Tracy Priddy's decision to vacate Graham's post-conviction relief.
Friday's ruling should mean Graham is heading back to prison, but Judge Priddy stayed her decision.
Graham was previously convicted of killing five people in 2007. 29-year-old Casey Jones was one of the victims.
"We miss him every day. There's such a void in so many people's lives because he's not here.," said Casey's sister Bobbi Nickel.
Graham was sentenced to 107 years in prison.
Graham served 13 years of her sentence before appealing her conviction based on the McGirt Supreme Court ruling. A Tulsa County judge dismissed her case on April 8, 2021.
The Oklahoma Court of Criminal appeals ruled this year McGirt isn't retroactive.
"Allow the finality of a jury trial in which she got the full benefit of representation by her counsel and due process..let that judgment stand. Let that conviction stand," said Tulsa County District Attorney Steve Kunzweiler.
Graham's attorney, Richard O'Carroll says the state missed their opportunity to appeal Graham's post-conviction relief and shouldn't be able to now.
"If somebody doesn't appeal just because the law suddenly changed doesn't mean that decision wasn't valid," said Attorney Richard O'Carroll.
Both sides will be back in the courtroom December 16th for a review hearing.
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