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Form 13.12. Report of Trial Judge in Capital Felony

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 13.12
Form 13.12. Report of Trial Judge in Capital Felony
Currentness
[To be completed by Trial Judge, or completed form reviewed, on the record at time of formal sentencing and filed of record in the case pursuant to 21 O.S.1991 701.13(A)]
IN THE DISTRICT COURT OF ____________________ COUNTY
THE STATE OF OKLAHOMA
THE STATE OF OKLAHOMA,
)
)
Plaintiff,
)
)
vs.
)
Case No.
 
)
 
,
)
Defendant.
)
)
CAPITAL FELONY REPORT OF THE TRIAL JUDGE
A. Data Concerning the Defendant
A separate report must be submitted for each defendant sentenced to death.
1. Name
 
Last
First
Middle
2. Date of Birth
 
Mo.
Day
Yr.
3. Social Security Number
 
4. Sex:
[ ] M
[ ] F
B. Representation of Defendant1
1. Date counsel secured:
 
2. How was counsel secured?
[ ] Retained by defendant
[ ] Appointed by court
3. If counsel was appointed by court was it because:
[ ] Defendant unable to afford counsel?
[ ] Defendant refused to secure counsel?
[ ] Other (explain)
 
4. How many years has counsel practiced law?
[ ] 0 to 5
[ ] 5 to 10
[ ] over 10
5. What is the nature of counsel's practice?
[ ] Mostly civil
[ ] General
[ ] Mostly criminal
6. Did the same counsel serve throughout the trial?
[ ] Yes [ ] No
7. If not, explain in detail
 
 
 
8. Trial Court comments regarding defense counsel's representation:
 
 
 
 
 
 
 
C. General Considerations
1. Was race raised by the defense as an issue in the trial?
[ ] Yes [ ] No
If yes, explain:
 
2. Did race otherwise appear as an issue in the trial?
[ ] Yes [ ] No
If yes, explain:
 
3. What percentage of the population of your county is the same race as the defendant?
[ ] Under 10%
[ ] 10 to 25%
[ ] 25 to 50%
[ ] 50 to 75%
[ ] 75 to 90%
[ ] Over 90%
4. Were members of defendant's race represented on the jury?
[ ] Yes [ ] No
5. Was there extensive publicity in the community concerning this case?
[ ] Yes [ ] No
If yes, explain:
 
D. Trial Judge's Comments on Appropriateness of Sentence
1. Is there anything in the pretrial proceedings, the trial, or the sentencing which would cause you to question the appropriateness of the death sentence being imposed on this case?
 
 
 
 
 
 
2. If you question the appropriateness of the death sentence in this case, what would be your recommendation as to sentence?
 
 
 
 
 
This report was submitted to the defendant's counsel for such comments as he desired to make concerning the factual accuracy of the report, and
[ ] His comments are attached.
[ ] He stated he had no comments
[ ] He has not responded
 
 
Date
 
 
JUDGE, District Court, __________ County

Credits

Amended effective September 1, 1998.

Footnotes

1
If more than one counsel served, answer the above questions as to each counsel and attach to this report.
Court of Criminal Appeals Form 13.12, 22 O. S. A. Ch. 18, App., OK ST CR A CT Form 13.12
Current with amendments received through April 15, 2024. Some rules may be more current, see credits for details.
End of Document