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Form 13.11(A). Application for Post Conviction Relief--Death Penalty

Oklahoma Statutes AnnotatedTitle 22. Criminal Procedure

Oklahoma Statutes Annotated
Title 22. Criminal Procedure (Refs & Annos)
Chapter 18.--Appendix. Rules of the Court of Criminal Appeals
Section XIII. Forms
T. 22, Ch. 18, App., Form 13.11(A)
Form 13.11(A). Application for Post Conviction Relief--Death Penalty
Currentness
IN THE COURT OF CRIMINAL APPEALS OF THE STATE OF OKLAHOMA
 
,
)
Petitioner,
)
Case no.
 
)
vs.
)
District Court of
 
)
County, Case no.
 
THE STATE OF OKLAHOMA,
)
Respondent.
)
)
)
APPLICATION FOR POST-CONVICTION RELIEF--DEATH PENALTY
PART A. PROCEDURAL HISTORY
Petitioner, through undersigned counsel, submits his application for post-conviction relief under Section 1089 of Title 22. This is the __________ (first, second, etc.) time an application for post-conviction relief has been filed.
The sentence from which relief is sought is:
 
1. (a) Court in which sentence was rendered:
 
(b) Case Number
 
2. Date of sentence:
 
3. Terms of sentence:
 
 
4. Name of Presiding Judge:
 
5. Is Petitioner currently in custody?
Yes( ) No( )
Where?
 
Does Petitioner have criminal matters pending in other courts?
Yes( ) No( )
If so, where?
 
List charges:
 
Does Petitioner have sentences (capital or non-capital) to be served in other states/jurisdictions?
Yes( ) No( )
If so, where?
 
List convictions and sentences:
 
I. CAPITAL OFFENSE INFORMATION
6. Petitioner was convicted of the following crime(s), for which a sentence of death was imposed:
a.
 
b.
 
Aggravating factors alleged (if more than one murder conviction, list aggravators by conviction):
a.
 
b.
 
c.
 
Aggravating factors found (if more than one murder conviction, list aggravator by conviction):
a.
 
b.
 
c.
 
Mitigating factors listed in jury instructions:
a.
 
b.
 
Was Victim Impact Evidence introduced at trial?
Yes ( ) No ( )
7. Check whether the finding of guilty was made:
After plea of guilty ( )
After plea of not guilty ( )
8. If found guilty after plea of not guilty, check whether the finding was made by:
A jury ( )
A judge without a jury ( )
9. Was the sentence determined by ( ) a jury, or ( ) the trial judge.
II. NON-CAPITAL OFFENSE INFORMATION
10. Petitioner was convicted of the following offense(s) for which a sentence of less than death was imposed (include a description of the sentence imposed for each offense).
a.
 
b.
 
11. Check whether the finding of guilty was made:
After plea of guilty ( ) After plea of not guilty ( )
12. If found guilty after plea of not guilty, check whether the finding was made by:
A jury ( ) A judge without a jury ( )
III. CASE INFORMATION
13. Name and address of lawyer in trial court:
 
 
Names and addresses of all co-counsel in the trial court:
 
 
14. Was lead counsel appointed by the court?
Yes ( ) No ( )
15. Was the conviction appealed?
Yes( ) No( )
To what court or courts?
 
Date Brief In Chief filed:
 
Date Response filed:
 
Date Reply Brief filed:
 
Date of Oral Argument (if set)
 
Date of Petition for Rehearing (if appeal has been decided):
 
Has this case been remanded to the District Court for an evidentiary hearing on direct appeal?
Yes ( ) No ( )
If so, what were the grounds for remand?
 
 
Is this petition filed subsequent to supplemental briefing after remand?
Yes ( ) No ( )
16. Name and address of lawyer for appeal?
 
 
17. Was an opinion written by the appellate court?
Yes ( ) No ( )
If “yes,” give citations if published:
 
If not published, give appellate case no.:
 
18. Was further review sought?
Yes ( ) No ( )
If “Yes,” state when relief was sought, the court in which relief was sought, the nature of the claims(s) and the results (include citations to any reported opinions).
 
PART B: GROUNDS FOR RELIEF
19. Has a motion for discovery been filed with this application?
Yes ( ) No ( )
20. Has a Motion for Evidentiary Hearing been filed with this application?
Yes ( ) No ( )
21. Have other motions been filed with this application or prior to the filing of this application?
Yes ( ) No ( )
If yes, specify what motions have been filed:
 
 
22. List propositions raised (list all sub-propositions).
PROPOSITION I:
 
(repeat for subsequent propositions of error)
PART C: FACTS
(STATEMENT OF THE FACTS OF THE CASE, INCLUDING REFERENCE TO SUPPORTING DOCUMENTATION, RECORD, AND APPENDICES)
PART D: PROPOSITIONS--ARGUMENTS AND AUTHORITIES

Credits

Adopted December 10, 1997, effective January 1, 1998.
Court of Criminal Appeals Form 13.11(A), 22 O. S. A. Ch. 18, App., OK ST CR A CT Form 13.11(A)
Current with amendments received through April 15, 2024. Some rules may be more current, see credits for details.
End of Document