Application For Post Conviction Relief Death Penalty Form. This is a Oklahoma form and can be use in Criminal Appeals Statewide.
Tags: Application For Post Conviction Relief Death Penalty, 13.11A, Oklahoma Statewide, Criminal Appeals
OCCAOnline Rules of the Court of Criminal Appeals Form 13.11a Application for Post Conviction Relief B Death Penalty 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 B 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 postconviction 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 states/jurisdictions? Yes ( ) No ( ) (capital or non-capital) to be served in other 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: 2000 © American LegalNet, Inc. 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: ___________________________ ______________________________________________________________________ 2000 © American LegalNet, Inc. 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) 2000 © American LegalNet, Inc. PART C: FACTS (STATEMENT OF THE FACTS OF THE CASE, INCLUDING REFERENCE TO SUPPORTING DOCUMENTATION, RECORD, AND APPENDICES) PART D: PROPOSITIONS B ARGUMENTS AND AUTHORITIES 2000 © American LegalNet, Inc.