IN THE COURT OF CRIMINAL APPEALS OF THE STATE OF OKLAHOMA ORDER ADOPTING AMENDMENTS TO THE FOLLOWING
RULES OF THE COURT OF CRIMINAL APPEALS
¶1 Pursuant to the provisions of Section of 1051(b) of Title 22 of the Oklahoma Statutes, we hereby revise, add, delete, promulgate, adopt and republish the following amendments to the enumerated Rules and Forms, to wit: Rule 1.2, 1.2(A)(3), 1.2(A)(3)(a), 1.2(A)(3)(b), 1.2(A)(3)(c), 1.2(D)(5)(a), 1.2(D)(9), 1.3(B), Form 13.1, Rule 1.3(C), 1.4(C)(1), 1.16, 2.1(E)(2), 2.1(E)(4), 2.2A, 2.2F, 3.2A, 3.3D, 3.4A, 3.5(A)(5), 3.5(A)(9), 3.5(C), 3.5(C)(3), 3.6(B), 3.10(A), 4.3(C), 5.2(C)(6), 5.4(A), 5.5, 7.5(B), 9.7(A)(2), 9.7(D)(2), 11.2(A), 11.2(1), 11.2(B), 11.2(E), 11.5(A)(3)(2), Form 13.1, Form 13.4, Form 13.8, Form 13.10 and Section XV, Rules of the Oklahoma Court of Criminal Appeals, Title 22, Ch. 18, App. (2008).
¶2 In Appendix A, the previous version of each amended Rule and Form is presented first, with the deleted portion reflected (strikethrough denotes deleted words) followed by the new Rule and or Form (bold denotes amended and/or added words). The revisions and amendments shall become effective on the date of this Order.
¶3 IT IS SO ORDERED.
¶4 WITNESS OUR HANDS AND THE SEAL OF THIS COURT this 31st day of January, 2008.
/s/ Gary L. Lumpkin
GARY L. LUMPKIN, Presiding Judge
/s/ Charles A. Johnson
CHARLES A. JOHNSON, Vice Presiding Judge
/s/ Charles S. Chapel
CHARLES S. CHAPEL, Judge
/s/ Arlene Johnson
ARLENE JOHNSON, Judge
/s/ David B. Lewis
DAVID B. LEWIS, Judge
ATTEST:
/s/ Michael Richie
Clerk
APPENDIX A
SECTION I. GENERAL RULES OF THE COURT AND DEFINITIONS
Rule 1.2 Methods of Appeal or Review
The Title for Rule 1.2 shall now be as follows:
Rule 1.2 Methods for Bringing Appeals and Original Actions.
Rule 1.2 A. Regular Appeals.
(3) State Appeals.
The Title for Rule 1.2(A)(3) shall now be as follows:
(3) State or Municipality Appeals.
Rule 1.2(A)(3)
(a) Appeals from Adverse Ruling of Magistrate. See Sections VI and XI of these Rules; Sections 1089.1 through 1089.7 of Title 22.
Rule 1.2(A)(3) shall now be as follows:
(a) Appeals from Adverse Ruling of Magistrate. See Sections VI and XI of these Rules; Sections 1053, 1089.1 through 1089.7 of Title 22.
Rule 1.2(A)(3)
(b) Other State appeals. See Sections II and III of these Rules; Sections 1053 and 1053.1 of Title 22.
Rule 1.2(A)(3) shall now be as follows:
(b) Appeals in Juvenile and Youthful Offender Cases. See Sections VII and XI of these Rules.
Rule 1.2(A)(3)(c) shall be added and be as follows:
(c) Other State appeals. See Sections II and III of these Rules; Sections 1053 and 1053.1 of Title 22.
Rule 1.2 D. All Other Appeals
(5) Deferred Judgment and Sentence.
(a) Appeal of Imposition of Order Deferring Judgment and Sentence. See Gonseth v. Oklahoma, 871 P.2d 51 (Okl.Cr.1994).
Rule 1.2(D) shall now be as follows:
(5)(a) Appeal of Imposition of Order Deferring Judgment and Sentence. See Gonseth v. Oklahoma, 1994 OK CR 9, 871 P.2d 51, and Lookingbill v. State, 2007 OK CR 7, 157 P.3d 130.
Rule 1.2(D)(9) shall be added and be as follows:
(9) Judicial Review of Prison Disciplinary Proceedings Revoking Earned Credits. Section XV of these Rules governs appeals from a District Court’s final order entered pursuant to Section 564.1 of Title 57 upon a Petition for Judicial Review of Prison Disciplinary Proceedings that resulted in Revocation of Earned Credits.
Rule 1.3 Records - Withdrawal
A. Prohibited. The Clerk of this Court shall not permit any of the following to be taken from the Clerk's office without an order from this Court:
(1) The certified copy of the original record;
(2) The original of the transcript of proceedings designated on appeal; or
(3) Any physical evidence filed on appeal.
B. Checking Out Material From The Court
(1) Motion to Check Out Material From Court. A party seeking to check out material from the Court shall file a motion to check out material on a form prescribed by the Court. See Section XIII, Form 13.1. A copy of the prescribed form of motion is available in the Clerk's office. The motion shall specifically state what material movant needs, why it is needed, and acknowledge that movant is solely responsible for the material while it is checked out from the Court and that movant assumes sole responsibility to see that the material is returned to the Court in the same condition in which it was checked out. The purpose of the motion and the procedure is to ensure the integrity of original documents and exhibits.
The Presiding Judge has the discretion to grant or deny the motion to check out material. If the motion is denied, the movant may only view the material at the Court and may not take the material outside the custody of the Court. If the motion is granted, the Court Clerk will provide the movant with the requested material. Where an exhibit is an audio cassette, a video cassette and/or other electronically produced medium, a copy of the exhibit(s) may be provided to the movant and the original shall remain in the custody of the Court.
(2) Receipt of Items Requested. Where the Court grants the motion to check out material, the movant shall acknowledge receipt of the items checked out, the date the items were checked out, the date on which the items are to be returned to the Court, and acknowledge that movant is solely responsible for the safekeeping of the items and for assuring that the items are returned to the Court in the same condition in which they were checked out. The movant shall be allowed to check out materials for no more than five (5) business days.
(3) Return of Items Requested. When movant returns the material to the Court, movant shall submit an affidavit stating what items were checked out, the date the items were checked out, the date on which the items were returned, and stating the items are being returned in the same condition and form in which they were checked out. If the material is mailed to the Court, it must be mailed by certified mail. The Court Clerk shall acknowledge receipt of the returned items.
(4) Form. See Section XIII, Form 13.1.
Rule 1.3 (B) shall now be titled and be as follows:
B. Request to Inspect and/or Copy Records. A party may request to inspect and/or copy the items listed in Paragraph (A) of this Section. Such request shall be made to the Clerk of this Court. The Clerk shall designate a day and time for the inspection and/or copying, which shall take place at the office of the Clerk of the Court of Criminal Appeals. All such inspections and/or copying shall be done in the presence of the Clerk and at the expense of the party requesting the copies.
Form 13.1 IS HEREBY DELETED.
Rule 1.3(C) shall be added and be as follows:
C. Request to Inspect Juror Questionnaires. When juror questionnaires are used during a criminal trial, access to the questionnaires by the parties must be balanced against the juror’s right to privacy and to the confidentiality of the information in the questionnaires. OUJI-CR 1-10. Copies of the questionnaires shall be made available only for use during voir dire to the attorneys for the prosecution and defense, and to the trial court. Id. All copies shall be destroyed at the conclusion of voir dire. The original questionnaires of all impaneled or questioned jurors shall be sealed by the trial court and retained, but not made part of the public record. The original questionnaires of jurors not questioned during voir dire shall be destroyed at the conclusion of the juror’s service.
On appeal, if appellate counsel designates the questionnaires of all impaneled or questioned jurors, the Clerk of the District Court shall transmit the sealed original questionnaires to the Clerk of the Court of Criminal Appeals along with the rest of the appeal record. The attorneys of record on appeal may only view the juror questionnaires at this Court and shall not take the juror questionnaires out of the custody of the Court. The attorneys of record on appeal may contact the Marshal of the Court of Criminal Appeals to set a date and time when the questionnaires may be viewed at this Court. When the appeal has been decided and mandated, all juror questionnaires shall be destroyed by the Clerk of this Court.
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Rule 1.4 Computation of Time for Appeal
C. Other Regular Appeals
(1) State appeals must be perfected within the time limits as set out in Subdivision A, commencing from the date of the order entered by the trial court.
Rule 1.4(C) shall now be as follows:
(1) State appeals, except for juvenile cases, must be perfected within the time limits as set out in Subdivision A, commencing from the date of the order entered by the trial court.
Rule 1.16 Application of Appellant to Proceed With Appeal Pro Se
A. An Appellant desiring to represent himself or herself in a direct appeal to this Court, or desiring to dismiss appellate counsel and further proceed to represent himself or herself in this Court, shall be required to present to the District Court an affidavit and request in the form set forth in Section XIII, Form 13.6. If the Appellant is free on appeal bond or incarcerated in the county where the conviction occurred, the affidavit and request shall be filed with that District Court. If the Appellant is incarcerated outside the county where the conviction occurred, the affidavit and request shall be filed in the District Court in the county where the Appellant is incarcerated. The court clerk shall file the application in the original case, if in the county of original conviction, or assign a new criminal case number to the application if the application is filed in a county where the appellant is then incarcerated. Appellant shall ensure that notice is provided to appellate counsel, who may appear or otherwise respond, but who shall not be required to do so. After the case is assigned to a judge of a District Court, a hearing is conducted, and the judge's order filed, the court clerk shall prepare two (2) certified copies of all pleadings and orders and mail one (1) complete set to the District Court where the conviction occurred and one (1) complete set to this Court for filing in the original and appellate case files. See Section XIII, Form 13.6.
Rule 1.16 shall now be as follows:
A. An Appellant desiring to represent himself or herself in a direct appeal to this Court, or desiring to dismiss appellate counsel and further proceed to represent himself or herself in this Court, shall be required to present to the District Court an affidavit and request in the form set forth in Section XIII, Form 13.6. If the Appellant is free on appeal bond or incarcerated in the county where the conviction occurred, the affidavit and request shall be filed with that District Court. If the Appellant is incarcerated outside the county where the conviction occurred, the affidavit and request shall be filed in the District Court in the county where the Appellant is incarcerated. The court clerk shall file the application in the original case, if in the county of original conviction, or assign a new criminal case number to the application if the application is filed in a county where the appellant is then incarcerated. Appellant shall ensure that notice is provided to appellate counsel, who may appear or otherwise respond, but who shall not be required to do so. After the case is assigned to a judge of a District Court, a hearing is conducted, and the judge's order filed, the court clerk SHALL prepare two (2) certified copies of all pleadings and orders and mail one (1) complete set to the District Court where the conviction occurred and one (1) complete set to this Court for filing in the original and appellate case files. See Section XIII, Form 13.6. (Emphasis added by the Court).
SECTION II. INITIATING AN APPEAL FROM THE TRIAL COURT
Rule 2.1
E. Appeal Out of Time
(1) General Procedures for Obtaining an Out-of-Time Appeal. If petitioner seeks an appeal out of time, the proper procedure is to file an Application for Post-Conviction Relief requesting an appeal out of time. The Application must be filed in the trial court where the judgment and sentence on conviction or the final order denying relief was imposed. A petitioner’s right to appeal is dependent upon the ability to prove he/she was denied an appeal through no fault of his/her own. See Blades v. State, 2005 OK CR 1, 107 P.3d 607; see also Smith v. State, 611 P.2d 276 (Okl.Cr.1980). If the trial court recommends an appeal out of time, then petitioner shall file a petition for an appeal out of time in this Court within thirty (30) days of the trial court’s ruling. The petitioner must attach to the petition a copy of the post-conviction application for the out-of-time appeal that was filed in the trial court and a certified copy of the trial court’s ruling upon that application. This Court will consider the trial court’s recommendation and issue an order granting or denying an appeal out of time. If the trial court denies the request, then Petitioner should attach a certified copy of the order denying relief to the petition for appeal to this Court and shall otherwise comply with those procedures for perfecting a post-conviction appeal. See Section V of this Court’s Rules.
Rule 2.1(E) shall now be as follows:
(1) General Procedures for Obtaining an Out-of-Time Appeal. If petitioner seeks an appeal out of time, the proper procedure is to file an Application for Post-Conviction Relief requesting an appeal out of time. The Application must be filed in the trial court where the judgment and sentence on conviction or the final order denying relief was imposed. A petitioner’s right to appeal is dependent upon the ability to prove he/she was denied an appeal through no fault of his/her own. See Blades v. State, 2005 OK CR 1, 107 P.3d 607; see also Smith v. State, 1980 OK CR 43, 611 P.2d 276. If the trial court recommends an appeal out of time, then petitioner shall file a petition for an appeal out of time in this Court within thirty (30) days from the date the trial court’s ruling was filed with the trial court clerk. The petitioner must attach to the petition a copy of the post-conviction application for the out-of-time appeal that was filed in the trial court and a certified copy of the trial court’s ruling upon that application. This Court will consider the trial court’s recommendation and issue an order granting or denying an appeal out of time. If the trial court denies the request, then Petitioner should attach a certified copy of the order denying relief to the petition for appeal to this Court and shall otherwise comply with those procedures for perfecting a post-conviction appeal. See Section V of this Court’s Rules.
Rule 2.1 E.
(4) Out of Time Certiorari Appeals. When an appeal out of time is granted by this Court for a certiorari appeal arising from a plea of guilty or nolo contendere, an Application to Withdraw the Plea must be filed with the clerk of the trial court within ten (10) days from the date of this Court's order with a request for evidentiary hearing pursuant to Rule 4.2, if an evidentiary hearing has not already been held.
Rule 2.1 E. shall now be titled and be as follows:
(4) Out Of Time Certiorari Appeals. When an appeal out of time is granted by this Court for a certiorari appeal arising from a plea of guilty or nolo contendere, an Application to Withdraw the Plea must be filed with the clerk of the trial court within ten (10) days from the date of this Court’s order with a request for an evidentiary hearing pursuant to Rule 4.2; provided however, if prior to the request for the out of time appeal, the defendant timely filed an application to withdraw the plea and received a decision thereon, then the defendant will file a Notice of Intent to Appeal and Designation of Record within ten (10) days from the date of this Court’s order granting an appeal out of time.
Rule 2.2 Form and Contents of Record
A. Duties of Clerk to Assemble Record. After a designation of the record is made, the trial court clerk shall promptly assemble, in chronological sequence, all of the instruments on file, together with transcripts as required by subpart B of this Rule, which have been designated for inclusion in the record on appeal. The instruments, numbered consecutively, indexed and bound in volumes which shall not exceed two hundred (200) pages each, shall be certified under the seal of the clerk of the trial court. All designations of record and a certified copy of all the appearance docket sheets, as well as the Judgment and Sentence or final order, shall be included. In accordance with Rule 3.2, three (3) certified copies shall be prepared for transmission to this Court and appellant's attorney. The Court recognizes the provisions of Section 1054 of Title 22, but directs the clerk of the trial court to retain the original record in the trial court. See Rule 4.3 for duties in certiorari appeals.
Rule 2.2 A. shall now be as follows:
A. Duties of Clerk to Assemble Record. After a designation of the record is made, the trial court clerk shall promptly assemble, in chronological sequence, all of the instruments on file, together with transcripts as required by subpart B of this Rule, which have been designated for inclusion in the record on appeal. The instruments, numbered consecutively, indexed and bound in volumes which shall not exceed two hundred (200) pages each, shall be certified under the seal of the clerk of the trial court. All designations of record and a certified copy of all the appearance docket sheets, as well as the Judgment and Sentence AND/OR final order, shall be included. In accordance with Rule 3.2, three (3) certified copies shall be prepared for transmission to this Court and appellant's attorney. The Court recognizes the provisions of Section 1054 of Title 22, but directs the clerk of the trial court to retain the original record in the trial court. See Rule 4.3 for duties in certiorari appeals. (Emphasis added by the Court)
Rule 2.2 F. is hereby added and shall be as follows:
F. When a city or municipality is a party, a certified copy of the specific ordinance(s) involved in the case shall be included in the record. It shall be the responsibility of the city or municipality to ensure the ordinance(s) are included in the record for appellate review. See Hishaw v. City of Oklahoma City, 1991 OK CR 122, 822 P.2d 1139.
SECTION III. PERFECTING AN APPEAL IN THE COURT OF CRIMINAL APPEALS
Rule 3.2 Instruments to be Filed to Complete the Appeal.
A. Petition in Error. An original and seven (7) copies.
Rule 3.2 A. shall now be as follows:
A. Petition in Error. An original and ten (10) copies.
Rule 3.3 Joinder of Appellants
D. Consolidation. This Court without notice and on its own motion may consolidate the appeals of two or more co-defendants unless a co-defendant specifically states in the petition in error that he/she opposes such consolidation and shows good cause why the appeal should not be consolidated with the appeals of other co-defendant(s).
Rule 3.3 D shall now be as follows:
D. Consolidation. This Court without notice and on its own motion may consolidate appeals of the same defendant, or the appeals of two or more co-defendants unless a co-defendant specifically states in the petition in error that he/she opposes such consolidation and shows good cause why the appeal should not be consolidated.
Rule 3.4 Briefs; Service and Filing
- Number of Copies. An original and
seven (7)copies of each brief for each party shall be filed with the Clerk of this Court, and a copy must be served on the adverse party. The counsel of record shall be responsible for service on the adverse party, except that service on the Attorney General will be made by the Clerk of this Court. See Rule 1.9(B).
Rule 3.4 A. shall now read:
- Number of Copies. An original and ten (10) copies of each brief for each party shall be filed with the Clerk of this Court, and a copy must be served on the adverse party. The counsel of record shall be responsible for service on the adverse party, except that service on the Attorney General will be made by the Clerk of this Court. See Rule 1.9(B).
Rule 3.5 Briefs; Contents; Citation of Authorities
A. Brief of the Appellant. The brief of the appellant shall be in substantial compliance with the form and organization as follows:
(1) A cover page containing the style of the case, the case number(s) in this Court and the trial court, together with the name(s), address(es) and telephone number(s) of the attorney(s) submitting the brief and the attorney(s) OBA number(s);
(2) A table of contents, with page references, and an alphabetical table of cases, statutes and other authorities cited, with references to the pages in the brief where they are cited;
(3) A statement of the case, indicating briefly its nature, the course of proceedings, and its disposition in the trial court;
(4) A statement of the facts relevant to the issues presented for review, with appropriate references to the record, referring to the original record as "(O.R. ___)" and to pages in the transcript of evidence as "(Tr. ___)";
(5) An argument, containing the contentions of the appellant, which sets forth all assignments of error, supported by citations to the authorities, statutes and parts of the record. Failure to list an issue pursuant to these requirements constitutes waiver of alleged error. (See Armstrong v. State, 811 P.2d 593, 599 (Okl.Cr.1991));
(6) A short conclusion stating the specific relief sought;
(7) A business address and telephone number following the signature of the attorney of record or party together with the attorney’s Oklahoma Bar number; and,
(8) A certificate of service on the adverse party, as provided in Rule 1.9(B).
Rule 3.5 A.(5) shall now be as follows:
(5) An argument, containing the contentions of the appellant, which sets forth all assignments of error, supported by citations to the authorities, statutes and parts of the record. Each proposition of error shall be set out separately in the brief. Merely mentioning a possible issue in an argument or citation to authority does not constitute the raising of a proposition of error on appeal. Failure to list an issue pursuant to these requirements constitutes waiver of alleged error. See Armstrong v. State, 1991 OK CR 34, 811 P.2d 593, 599.
Rule 3.5(A)(9) shall be added and be as follows:
(9) A pro-se handwritten brief must be printed, double-spaced and written with a pen, not pencil. Writing on the back of pages is NOT allowed.
Rule 3.5 C. Argument and Citation of Authorities.
(1) Both parties must provide a brief argument, exhibiting a clear statement of the point of law or fact to be discussed, with a reference to the pages of the record filed and the authorities relied upon in support of each point raised.
Rule 3.5 C. Argument and Citation of Authorities, shall now be as follows:
(1) Both parties shall also include a concise statement of the applicable standard of review in the discussion of each issue presented or in a separate heading placed before the discussion of the issue. The parties shall also provide a reference to the pages of the record filed and the authorities relied upon in support of each point raised.
Rule 3.5 C
- In all instances, an unpublished
opinionis not binding on this Court. However, parties may cite and bring to the Court’s attention the unpublishedopinionsof this Court provided counsel states that no published case would serve as well the purpose for which counsel cites it, and provided further that counsel shall provide opposing counsel and the Court with a copy of the unpublishedopinion.
Rule 3.5 C shall now be as follows:
(3) In all instances, an unpublished decision is not binding on this Court. However, parties may cite and bring to the Court’s attention the unpublished decisions of this Court provided counsel states that no published case would serve as well the purpose for which counsel cites it, and provided further that counsel shall provide opposing counsel and the Court with a copy of the unpublished decision.
Rule 3.6 Failure to Appeal or File Briefs; Duty of Counsel; Scope of Review
B. Appellate counsel may file with this Court a brief stating there are no serious issues in appeal, provided the following guidelines are followed, See Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967); McCoy v. Court of Criminal Appeals of Wisconsin, Dist. 1, 486 U.S. 429, 108 S.Ct. 1395, 100 L.Ed. 2d 440 (1988)
Rule 3.6 shall now be as follows:
B. Appellate counsel may file with this Court a brief stating there are no serious issues in appeal, provided the following guidelines are followed, See Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967); McCoy v. Court of Criminal Appeals of Wisconsin, 486 U.S. 429, 108 S.Ct. 1895, 100 L.Ed.2d 440 (1988).
Rule 3.10 Motion; Requisites
A. An original and seven (7) copies of any motion shall be filed in this Court, supported by a brief, absent provisions to the contrary in these Rules.
Rule 3.10 shall now be as follows:
A. An original and ten (10) copies of any motion shall be filed in this Court, supported by a brief, absent provisions to the contrary in these Rules.
SECTION IV. PROCEDURES FOR APPEAL BY CERTIORARI FROM PLEA OF GUILTY OR NOLO CONTENDERE
Rule 4.3 Time for Lodging Appeal; Record of Proceedings; Contents of Petition in Error; Briefs.
C. Contents of Petition. The petition for a writ of certiorari shall consist of the following:
(1) The trial court from which the appeal is lodged and the trial court case number;
(2) The crime for which the petitioner was sentenced;
(3) The Judgment and Sentence imposed and the date of pronouncement;
(4) The date the application to withdraw the plea of guilty or nolo contendere was filed and the date it was denied by the trial court;
(5) The errors of law urged as having been committed during the proceedings in the trial court which were raised in the application to withdraw plea;
(6) The nature of the relief the petitioner seeks; and
(7)The statute under which the petitioner is appealing.
Rule 4.3 C. shall now be as follows:
Contents of Petition. The petition for a writ of certiorari shall consist of the following:
(1) The trial court from which the appeal is lodged and the trial court case number;
(2) The crime for which the petitioner was sentenced;
(3) The Judgment and Sentence imposed and the date of pronouncement;
(4) The date the application to withdraw the plea of guilty or nolo contendere was filed and the date it was denied by the trial court;
(5) The errors of law urged as having been committed during the proceedings in the trial court which were raised in the application to withdraw plea;
(6) The nature of the relief the petitioner seeks;
(7)The statute under which the petitioner is appealing; and
(8) A certified copy of the trial court’s final order denying the application to withdraw plea.
SECTION V. PROCEDURES FOR APPEALING FINAL JUDGMENT UNDER POST-CONVICTION PROCEDURE ACT
Rule 5.2 Appeal from Final Judgment
C. Petition in Error, Briefs and Record.
(6) The record on appeal of a denial of post-conviction relief shall be transmitted by the Clerk of the District Court in accordance with the procedure set forth in Rule 2.3(B), but within the time requirements set forth in Rule 5.3. The record to be compiled by the Clerk of the District Court and transmitted to the Clerk of this Court is limited to the following:
(a) The Application for Post-Conviction Relief presented to the District Court and response, if filed by the State;
(b) The Findings of Fact and Conclusions of Law entered by the District Court, setting out the specific portions of the record and transcripts considered by the District Court in reaching its decision or setting forth whether the decision was based on the pleadings presented, and which includes a certificate of mailing. See Rule 5.3;
(c) The record of the evidentiary hearing conducted, if held;
(d) Supporting evidence presented to the District Court; and,
(e) Copies of those portions of the record and transcripts considered by the District Court in adjudicating the issues presented in the application for post-conviction relief as set forth in the findings of fact and conclusions of law entered by the District Court.
Rule 5.2 C. shall now be as follows:
(6) The record on appeal of a denial of post-conviction relief shall be transmitted by the Clerk of the District Court in accordance with the procedure set forth in Rule 2.3(B), but within the time requirements set forth in Rule 5.3. The record to be compiled by the Clerk of the District Court and transmitted to the Clerk of this Court is limited to the following:
(a) The Application for Post-Conviction Relief presented to the District Court and response, if filed by the State;
(b) The Findings of Fact and Conclusions of Law entered by the District Court, setting out the specific portions of the record and transcripts considered by the District Court in reaching its decision or setting forth whether the decision was based on the pleadings presented, and which includes a certificate of mailing. See Rule 5.3;
(c) The record of the evidentiary hearing conducted, if held;
(d) Supporting evidence presented to the District Court;
(e) Copies of those portions of the record and transcripts considered by the District Court in adjudicating the issues presented in the application for post-conviction relief as set forth in the findings of fact and conclusions of law entered by the District Court; and
(f) A certified copy of the Notice of Post-Conviction Appeal filed in the trial court.
Rule 5.4 Duties of the Judge of the District Court
A. The judge assigned to adjudicate the application for post-conviction relief shall prepare a detailed order setting out specific findings of fact and conclusions of law on each proposition for relief presented in the application. The order shall also specify the pleadings, documents, exhibits, specific portions of the original record and transcripts, considered in adjudicating the application, which shall then become a part of the record on appeal as defined by Rule 5.2(C)(3).
Rule 5.4 shall now be as follows:
A. The judge assigned to adjudicate the application for post-conviction relief shall prepare a detailed order setting out specific findings of fact and conclusions of law on each proposition for relief presented in the application. The order shall also specify the pleadings, documents, exhibits, specific portions of the original record and transcripts, considered in adjudicating the application, which shall then become a part of the record on appeal as defined by Rule 5.2(C)(6).
Rule 5.5 Final Order; Exhaustion of State Remedies
Once this Court has rendered its decision on a post-conviction appeal, that decision shall constitute a final order and the appellant's state remedies will be deemed exhausted on all issues raised in the petition in error, brief and any prior appeals. A petition for rehearing is not allowed and these issues may not be raised in any subsequent proceeding in a court of this State. The Clerk of this Court shall return to the movant any petitions for rehearing tendered for filing. See Section 1086 of Title 22.
Rule 5.5 Final Order; Exhaustion of State Remedies, shall now be as follows:
Once this Court has rendered its decision on a post-conviction appeal, that decision shall constitute a final order and the petitioner’s state remedies will be deemed exhausted on all issues raised in the petition in error, brief and any prior appeals. A petition for rehearing is not allowed and these issues may not be raised in any subsequent proceeding in a court of this State. The Clerk of this Court shall return to the movant any petitions for rehearing tendered for filing. See Section 1086 of Title 22.
SECTION VII. PROCEDURE FOR APPEALING FROM AN ORDER ADJUDICATING A JUVENILE TO BE DELINQUENT; FROM A FINAL ORDER CERTIFYING OR DENYING CERTIFICATION OF A JUVENILE TO STAND TRIAL AS AN ADULT; OR FROM A FINAL ORDER GRANTING OR DENYING REVERSE CERTIFICATION; OR SENTENCING UNDER THE YOUTHFUL OFFENDER ACT
Rule 7.5 Petition in Error; Time for Filing; Contents; Brief
B. Contents of Petition. The appellant's petition in error must contain the following information:
(1) The type of appeal and authority for such appeal;
(2) The case number and the court from which the appeal is lodged;
(3) The offenses(s) upon which the final order is premised;
(4) The date on which the court order was entered and the name of the judge;
(5) Whether or not the person has been admitted to bail, is under probation or is satisfying the court order; and,
(6) The nature of the relief being sought.
Rule 7.5 B shall now be as follows:
B. Contents of Petition. The appellant's petition in error must contain the following information:
(1) The type of appeal and authority for such appeal;
(2) The case number and the court from which the appeal is lodged;
(3) The offense(s) upon which the final order is premised;
(4) The date on which the court order was entered and the name of the judge;
(5) Whether or not the person has been admitted to bail, is under probation or is satisfying the court order;
(6) The nature of the relief being sought; and
(7) A certified copy of the final order appealed shall be attached to the Petition in Error.
SECTION IX. APPEALS IN CAPITAL CASES
Rule 9.7 Post-Conviction Procedures in Capital Cases.
A. Application
(2) In all cases, the application for post-conviction relief shall be filed with this Court within ninety (90) days from the date the appellee's direct appeal brief is filed with this Court in accordance with Section 701.13 of Title 21; or within ninety (90) days from the date a reply brief is filed with this Court in accordance with Rule 9.3(C). PROVIDED HOWEVER, if a direct appeal brief is filed before November 1, 1995, the application for post-conviction relief must be filed within one hundred-eighty (180) days from November 1, 1995. This Court may, upon application and order, establish briefing schedules for cases where the direct appeal brief was filed before November 1, 1995. Rule 3.4(D) applies to any application for an extension of time.
Rule 9.7 A shall now be as follows:
(2) In all cases, the application for post-conviction relief shall be filed with this Court within ninety (90) days from the date the appellee's direct appeal brief is filed with this Court in accordance with Section 701.13 of Title 21; or within ninety (90) days from the date a reply brief is filed with this Court in accordance with Rule 9.3(C).
Rule 9.7(D)(2) Requests for discovery by either party shall be filed with this Court before or at the time the application for post-conviction relief is filed. Discovery requests filed after the application is filed shall not be considered.
Rule 9.7(D)(2) shall now be as follows: A petitioner’s request for discovery shall be filed with this Court before or at the time the application for post-conviction relief is filed. Any request for discovery by the State shall be filed at the time any court ordered response is filed. Discovery requests not filed in conjunction with the application or court ordered response shall not be considered.
SECTION XI. ACCELERATED DOCKET PROCEDURES
Rule 11.2 Automatic Assignment of Certain Cases to the Accelerated Docket
A. Appeals arising out of the following cases will be automatically assigned to the Accelerated Docket upon the filing of a petition in error:
Rule 11.2 shall now be as follows:
A. Appeals arising out of the following cases will be automatically assigned to the Accelerated Docket upon the filing of the Notice of Intent to Appeal and Designation of Record.
Rule 11.2
(1) Certification and reverse certification of juvenile offenders;
Rule 11.2 shall now be as follows:
(1) Certification and reverse certification appeals for juvenile offenders and Youthful Offenders;
Rule 11.2
B. Upon the filing of a petition in error under Rule 3.1, the above cases shall be assigned to the Accelerated Docket under this Section and the Clerk of this Court shall send notice of such assignment to all named parties. Either party may move within ten (10) days to have the cause removed from the Accelerated Docket. Good cause must be stated in support of the request. Failure to object within the allotted time period waives any future objections.
Rule 11.2 shall now be as follows:
B. Upon the filing of the Notice of Intent to Appeal and Designation of Record under Rule 2.5, the above cases shall be assigned to the Accelerated Docket under this Section and the Clerk of this Court shall send notice of such assignment to all named parties. Either party may move within ten (10) days to have the cause removed from the Accelerated Docket. Good cause must be stated in support of the request. Failure to object within the allotted time period waives any future objections.
Rule 11.2 E. IS HEREBY DELETED.
E. When a city or municipality is a party, a certified copy of the specific ordinance(s) involved in the case shall be included in the record. It shall be the responsibility of the city or municipality to ensure the ordinance(s) are included in the record for appellate review. See Hishaw v. City of Oklahoma City, 822 P.2d 1139 (Okl.Cr.1991).
Rule 11.5 Forms to be Used Relative to the Accelerated Docket
A. Forms to be used for the Accelerated Docket. The forms contained in Section XIII of these Rules are to be used as an application or a response as it relates to the Accelerated Docket procedure. Such forms are set forth in Section XIII as:
3. Form 13.15, Response to Application for Accelerated Docket--Fast Track (to be used by appellee).
(2) A Reply Brief, Supplemental Brief or Amicus Curiae Brief shall not be filed except by prior approval of the Court in accordance with Rule 3.4(F). PROVIDED HOWEVER, the page limitations on additional briefs shall be set by the Court at the time the request is approved.
3. Form 13.15, Response to Application for Accelerated Docket—Fast Track (to be used by appellee), shall now be as follows:
(2) A Reply Brief shall not be filed in Accelerated Docket appeals, except by prior approval of the Court. Supplemental Briefs or Amicus Curiae Briefs shall not be filed in Accelerated Docket appeals, except by prior approval of the Court and in accordance with Rule 3.4(F). PROVIDED HOWEVER, the page limitation on additional briefs shall be set by the Court at the time a request is approved.
SECTION XIII. FORMS
Form 13.1 Motion to Check Out Material
Form 13.1 is hereby DELETED.
Form 13.4 is hereby amended and changed in the following manner and shall be as follows:
Form 13.4 Notice of Intent to Appeal
IN THE DISTRICT COURT OF _________ COUNTY
STATE OF OKLAHOMA
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THE STATE OF OKLAHOMA, |
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APPEAL CASE NO. __________ ( ) Termination from Drug Court ( ) State Appeal – 1053/1053.1 ( ) Youthful Offender – (Sentencing as Adult) ( ) Youthful Offender – Bridge to DOC |
Form 13.8 Uniform Judgment and Sentence
HEARING ON ABILITY TO PAY
AFTER INCARCERATION
IT IS FURTHER ORDERED that judgment is hereby entered against the Defendant as to the fines, costs and assessments set forth above.
The Court further advised the Defendant of his/her rights and procedure to appeal to the Court of Criminal Appeals of the State of Oklahoma, and that if he/she desired to appeal and was unable to afford counsel and a transcript of the proceedings, that the same would be furnished by the State subject to reimbursement of the cost of representation in accordance with Sec. 1355.14 of Title 22.
Form 13.8 is hereby amended as follows and shall be:
HEARING ON ABILITY TO PAY
AFTER INCARCERATION
IT IS FURTHER ORDERED that judgment is hereby entered against the Defendant as to the fines, costs and assessments set forth above.
The Court further advised the Defendant of his/her rights and procedure to appeal to the Court of Criminal Appeals of the State of Oklahoma, and that if he/she desired to appeal and was unable to afford counsel and a transcript of the proceedings, that the same would be furnished by the State subject to reimbursement of the cost of representation in accordance with Sec. 1355.14 of Title 22. The Court further advised the Defendant that, in the event the above sentence is for a crime involving domestic violence where the Defendant is or was a spouse, intimate partner, parent, or guardian of the victim or is or was involved in another similar relationship with the victim, it may be unlawful for him or her to possess, purchase, receive, transport or ship a firearm including a rifle, pistol or revolver or ammunition pursuant to federal law under 18 U.S.C. Section 992(g)(8) or (9), or state law, or both.
______________________________________________________________________________
Form 13.10 Uniform Plea of Guilty – Summary of Facts is hereby amended and shall be as follows:
Form 13.10 Uniform Plea of Guilty - Summary of Facts
IN THE DISTRICT COURT OF _____ COUNTY
THE STATE OF OKLAHOMA
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STATE OF OKLAHOMA, SS#______________ D.O.B._________ |
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[NOTE: The trial judge shall ensure the defendant is sworn either prior to completing the Summary of Facts or prior to inquiry by the Court on the Plea. If the defendant is entering a nolo contendere, or other type guilty plea, correct by pen change where term "guilty" used.] |
PLEA OF GUILTY
SUMMARY OF FACTS
Part A: Findings of Fact, Acceptance of Plea
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CIRCLE |
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1. |
Is the name just read to you your true name? |
Yes No |
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If no, what is your correct name? ____________________________________________________________________________________________________ I have also been known by the name(s): ____________________________________________________________________________________________________ ____________________________________________________________________________________________________ |
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2. |
My lawyer’s name is ________________________________________________ |
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3. |
(a) Do you wish to have a record made of these proceedings by a Court Reporter? |
Yes No |
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(b) Do you wish to waive this right? |
Yes No |
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4. |
Age:______ Grade completed in school:_____________________________________ |
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5. |
Can you read and understand this form? (If the answer above is no, Addendum |
Yes No |
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6. |
Are you currently taking any medications or substances which affect your ability |
Yes No |
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7. |
Have you been prescribed any medication that you should be taking, but you |
Yes No |
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If so, what kind and for what purpose? __________________________________________________ |
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8. |
Have you ever been treated by a doctor or health professional for mental illness |
Yes No |
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If yes, list the doctor or health professional, place, and when occurred: __________________________________________________________________________________________________ |
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9. |
Do you understand the nature and consequences of this proceeding? |
Yes No |
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10. |
Have you received a copy of the Information and read its allegations? |
Yes No |
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11. |
Does the State move to dismiss or amend any case(s) or count(s) in the information or on page 2 of the information? If so, set forth the cases/counts dismissed or amended ____________________________________________________________________________________________________ |
Yes No |
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12. |
A. Do you understand you are charged with: __________________________________________________ __________________________________________________ __________________________________________________ |
Yes No |
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Crime Statutory Reference |
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(1) |
_________________________ _______O.S._________ |
Yes No |
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(2) |
_________________________ _______O.S._________ |
Yes No |
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(3) |
_________________________ _______O.S._________ |
Yes No |
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(4) |
_________________________ _______O.S._________ |
Yes No |
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For additional charges: List any additional charges on a separate sheet and label as PLEA OF GUILTY ADDENDUM B. |
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B. |
Are you charged after former conviction of a felony? |
Yes No |
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If yes, list the felony(ies) charged:____________________________________________________________________________________________ |
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13. |
Have you previously been convicted of a felony? If so, when, where and for what felony/felonies? ____________________________________________________________________________________________________ |
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14. |
____ (Check if applicable) Do you understand you are subject to the Delayed Sentencing Program for Young Adults and what that sentencing program involves? Yes No ____ (Check if applicable) Do you understand that upon a conviction on a plea of guilty to the offense(s) of _____________________________________ you will be required to serve a minimum sentence of: _____ 85% of the sentence of imprisonment imposed before being eligible for parole consideration and are not eligible for earned or other type of credits which will have the effect of reducing the length of sentence to less than 85% of the sentence imposed? Yes No _____ ____% of the sentence of imprisonment imposed or received prior to becoming eligible for state correctional earned credits toward completion of your sentence or eligibility for parole? Yes No _____ (Check if applicable) Do you understand that a conviction on a plea of guilty to the offense(s) of _________________________________ will subject you to mandatory compliance with the Oklahoma Sex Offender Registration Act? Yes No |
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15. |
What is the charge(s) to which the defendant is entering a plea today? ____________________________________________________________________________________________________ ____________________________________________________________________________________________________ |
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16. |
Do you understand the range of punishment for the crime(s) is/are: (List in same order |
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(1) |
Minimum of ________ to a maximum of ________ and/or a fine of $_______ |
Yes No |
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(2) |
Minimum of ________ to a maximum of ________ and/or a fine of $_______ |
Yes No |
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(3) |
Minimum of ________ to a maximum of ________ and/or a fine of $_______ |
Yes No |
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(4) |
Minimum of ________ to a maximum of ________ and/or a fine of $_______ |
Yes No |
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For additional charges: List any additional punishments on a separate sheet, with additional crimes and labeled as PLEA OF GUILTY ADDENDUM B. |
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17. |
Read the following statements: You have the right to a speedy trial before a jury for the determination of whether you are guilty or not guilty and if you request, to determine sentence. (If pleading to capital murder, advise of procedure in 21 O.S. § 701.10(B)). At the trial: |
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(1) |
You have the right to have a lawyer represent you, either one you hire yourself or if you are indigent a court appointed attorney. |
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(2) |
You are presumed to be innocent of the charges. |
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(3) |
You may remain silent or, if you choose, you may testify on your own behalf. |
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(4) |
You have the right to see and hear all witnesses called to testify against you and the right to cross-examine them. |
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(5) |
You may have your witnesses ordered to appear in court to testify and present evidence of any defense you have to these charges. |
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(6) |
The state is required to prove your guilt beyond a reasonable doubt. |
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(7) |
The verdict of guilty or not guilty decided by a jury must be unanimous. However, you can waive a jury trial and, if all parties agree, the case could be tried by a Judge alone who would decide if you were guilty or not guilty and if guilty, the appropriate punishment. |
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Do you understand each of these rights? |
Yes No |
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18. |
Do you understand by entering a plea of guilty you give up these rights? |
Yes No |
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19. |
Do you understand that a conviction on a plea of guilty could increase punishment in any future case committed after this plea? |
Yes No |
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20. |
Have you talked over the charge(s) with your lawyer, advised him/her regarding any defense you may have to the charges and had his/her advice? |
Yes No |
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21. |
Do you believe your lawyer has effectively assisted you in this case and are you satisfied with his/her advice? |
Yes No |
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22. |
Do you wish to change your plea of not guilty to guilty and give up your right to a jury trial and all other previously explained constitutional rights? |
Yes No |
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23. |
Is there a plea agreement? |
Yes No |
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What is your understanding of the plea agreement? ____________________________________________________________________________________________________ |
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24. |
Do you understand the Court is not bound by any agreement or recommendation and if the Court does not accept the plea agreement, you have the right to withdraw your plea of guilty? |
Yes No |
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25. |
Do you understand that if there is no plea agreement the Court can sentence you within the range of punishment stated in question 16? |
Yes No |
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26. |
Do you understand your plea of guilty to the charge(s) is after: (check one) |
Yes No |
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( ) no prior felony convictions |
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27. |
What (is) (are) your plea(s) to the charge(s) (and to each one of them)? ______________________________ |
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28. |
Did you commit the acts as charged in the Information? |
Yes No |
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State the factual basis for your plea(s) (attach additional page as needed, labeled as ADDENDUM C): ____________________________________________________________________________________________________ |
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29. |
Have you been forced, abused, mistreated, or promised anything by anyone to have you enter your pleas(s)? |
Yes No |
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30. |
Do you plead guilty of your own free will and without any coercion or compulsion of any kind? |
Yes No |
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31. |
If you are entering a plea to a felony offense, you have a right to a Pre-Sentence Investigation and Report which would contain the circumstances of the offense, any criminal record, social history and other background information about you. Do you want to have the Report? |
Yes No |
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(a) Do you have any additional statements to make to the Court? |
Yes No |
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(b) Is there any legal reason you should not be sentenced now? |
Yes No |
HAVING BEEN SWORN, I, the Defendant whose signature appears below, make the following statements under oath:
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(1) |
CHECK ONE: |
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______(a) |
I have read, understood and completed this form. | ||
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______(b) |
My attorney completed this form and we have gone over the form and I understand its contents and agree with the answers. See Addendum "A". | ||
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______(c) |
The Court completed this form for me and inserted my answers to the questions. | ||
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(2) |
The answers are true and correct. | |||
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(3) |
I understand that I may be prosecuted for perjury if I have made false statements to this Court. | |||
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_______________________________________ | |||
Acknowledged this ______ day of _______________, 20____.
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33. |
I, the undersigned attorney for the Defendant, believe the Defendant understands the nature, purpose and consequence of this proceeding. (S)He is able to assist me in formulating any defense to the charge(s). I am satisfied that the Defendant's waivers and plea(s) of guilty are voluntarily given and he/she has been informed of all legal and constitutional rights. |
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__________________________________________ |
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34. |
The sentence recommendation in question 23 is correctly stated. I believe the recommendation is fair to the State of Oklahoma. |
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35. |
Offer of Proof (Nolo contendere plea) ____________________________________________________________________________________ |
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__________________________________________ |
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THE COURT FINDS AS FOLLOWS:
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36. |
A. The Defendant was sworn and responded to questions under oath. |
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B. The Defendant understands the nature, purpose and consequences of this proceeding. |
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C. The Defendant's plea(s) of _________________ is/are knowingly and voluntarily entered and accepted by the Court. |
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D. The Defendant is competent for the purpose of this hearing. |
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E. A factual basis exists for the plea(s) (and former conviction(s), if applicable). |
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F. The Defendant is guilty as charged: (check as appropriate) ( ) after no prior felony convictions. |
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G. Sentencing or order deferring sentence shall be: imposed instanter ( ); or continued until the _____ day of _______________, 20___, at __________ ___.m. If the Pre-Sentence Investigation and Report is requested, it shall be provided to the Court by the _____ day of _____________, 20___. |
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H. Defendant is committed to: _____ The RID Program _____ The Regimented Training Program _____ The Delayed Sentencing Program for Young Adults |
DONE IN OPEN COURT this ______ day of _______________, 20____.
____________________________ __________________________________________
Court Reporter Present JUDGE OF THE DISTRICT COURT
____________________________ __________________________________________
Deputy Court Clerk NAME OF JUDGE TYPED OR PRINTED
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Part B: Sentence on Plea |
Case No._________________ |
[NOTE ON USE: Part B to be used with the Summary of Facts if contemporaneous with the entry of plea or may be formatted as a separate sentencing form if sentencing continued to future date.]
THE COURT SENTENCES THE DEFENDANT AS FOLLOWS:
TIME TO SERVE
1. You are sentenced to confinement under the supervision of the Department of Corrections for a term of years as follows: (list in same order as in question No. 15 in Part A)
____________________________________________________________________________________________________ ____________________________________________________________________________________________________
____________________________________________________________________________________________________
____________________________________________________________________________________________________
2. The sentence(s) to run (concurrently/consecutively) ________________________
____________________________ or NOT APPLICABLE ___________________________.
3. Defendant shall receive _____ credit for time served, or _____ no credit for time served.
DEFERRED SENTENCE
1. The sentencing date is deferred until ____________ ____, 20___ at _____ ___.m.
2. You (will/will not) be supervised. The terms set forth in the Rules and Conditions of Probation found in Addendum D shall be the rules you must follow during the period of deferment.
SUSPENDED SENTENCE or SUSPENDED AS TO PART
1. You are sentenced to confinement under the supervision of the Department of Corrections for a term of years as follows:
____________________________________________________________________________________________________
____________________________________________________________________________________________________
____________________________________________________________________________________________________
____________________________________________________________________________________________________
to be suspended as follows:
(a) ALL SUSPENDED YES_____ NO_____
(b) suspended except as to the first ________ (months)(years) of the term(s) during which time you are to be held in the custody of the Department of Corrections, the remainder of the sentence(s) to be suspended under the terms set forth in the Rules and Conditions of Probation found in Addendum D.
_____ Said period of incarceration shall be in the custody of the Department of Corrections, to be served in the ______________ County Jail, in lieu of the Department of Corrections, pursuant to the Community Service Sentencing Program, 22 O.S. Section 991a – 4.1.
_____ Defendant’s term of incarceration shall be calculated as: ______ calendar days with credit for good behavior only (57 O.S Section 65).
_____ As calculated by the Sheriff with all implemented and allowable credits allowed by law.
2. The sentence(s) to run (concurrently/consecutively) ________________________
____________________________ or NOT APPLICABLE ___________________________.
3. Defendant ______ shall receive credit for time served; _____ shall not receive credit for time served.
FINES AND COSTS
You are to pay a fine(s), costs, fees and/or restitution to the ________________ County District Court Clerk as set out in Addendum E which is attached and made a part of this Order. [NOTE ON USE: District Courts may develop and utilize schedules for payment of fines and costs as appropriate for each district and attach as Addendum E.]
"NOTICE OF RIGHT TO APPEAL"
Sentence to Incarceration, Suspended or Deferred:
To appeal from this conviction, or order deferring sentence, on your plea of guilty, you must file in the District Court Clerk's Office a written Application to Withdraw your Plea of Guilty within ten (10) days from today's date. You must set forth in detail why you are requesting to withdraw your plea. The trial court must hold a hearing and rule upon your Application within thirty (30) days from the date it is filed. If the trial court denies your Application, you have the right to ask the Court of Criminal Appeals to review the District Court's denial by filing a Petition for Writ of Certiorari within ninety (90) days from the date of the denial. Within ten (10) days from the date the application to withdraw plea of guilty is denied, notice of intent to appeal and designation of record must be filed pursuant to Oklahoma Court of Criminal Appeals Rule 4.2(D). If you are indigent, you have the right to be represented on appeal by a court appointed attorney and the right to a record and transcript at public expense.
Do you understand each of these rights to appeal? Yes No
Do you want to remain in the county jail ten (10) days before being taken
to the place of confinement?
Yes No
Have you fully understood the questions that have been asked? Yes No
Have your answers been freely and voluntarily given? Yes No
I ACKNOWLEDGE UNDERSTANDING OF RIGHTS AND SENTENCE IMPOSED.
______________________________________
Defendant
I, the undersigned attorney, have advised the Defendant of his appellate rights.
______________________________________
Attorney for Defendant
Done in open court, with all parties present, this ______ day of __________________, 20____.
_______________________________ ______________________________________________
Court Reporter Present Judge of the District Court
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Deputy Court Clerk
ADDENDUM "A"
CERTIFICATE OF DEFENSE COUNSEL
As the attorney for the defendant,_____________________________________, I certify that:
1. The Defendant has stated to me that he/she is (able/unable) to read and understand the attached form, and I have: (check appropriate option)
___________ determined the Defendant is able to understand the English language.
___________ determined the Defendant is unable to understand the English language and obtained _______________________________________ to interpret.
2. I have read and fully explained to the Defendant the allegations contained in the Information in this case.
3. I have read and fully explained to the Defendant all of the questions in the Plea of Guilty/Summary of Facts and the answers to the questions set out in the Summary of Facts are the Defendant's answers.
4. To the best of my knowledge and belief the statements and declaration made by the Defendant are accurate and true and have been freely and voluntarily made.
Dated this ____________ day of _________________________, 20____.
__________________________________
Attorney for the Defendant
Section XV is adopted as follows:
SECTION XV. PROCEDURES FOR APPEALING DISTRICT COURT ORDER
REVIEWING PRISON DISCIPLINARY PROCEEDINGS
THAT REVOKED EARNED CREDITS
RULE 15.1 PURPOSE AND PROCEDURAL FORMAT
(A) Purpose of Appellate Procedure. These procedures are to provide the manner of appeal from an order entered by a district court that makes final disposition of a prisoner’s petition for judicial review filed under Section 564.1 of Title 57.
(B) Format of the District Court Proceedings. As Oklahoma County is the official residence of the Oklahoma Department of Corrections, prisoners must file their petitions for judicial review in the District Court of Oklahoma County. 57 O.S. 564.1(A). Within the district court, the prisoner is designated "Petitioner" and the Department of Corrections is designated "Respondent." 57 O.S. 564.1(A)(1) & (2). (See Rule 15.3(B) for the designation of parties on appeal.) Petitions for judicial review under Section 564.1 of Title 57 may be filed only in instances where a prison disciplinary action has resulted in a revocation of earned credits without due process, and the prisoner has exhausted administrative remedies. When a petition has been properly filed, the district court shall determine whether the applicable level of due process was provided by the revoking authority, and if not, it must require the Oklahoma Department of Corrections to provide such due process.
RULE 15.2 SCOPE OF APPEAL
The appeal to this Court from a district court’s final order upon a petition for judicial review is limited to issues raised in the record below and whether error occurred in the adjudication of those issues. Issues that were not raised below, or that are not relevant to whether the prisoner received adequate due process in the disciplinary proceeding that revoked earned credits, will not be reviewed.
RULE 15.3. TIME FOR APPEAL, PETITION IN ERROR, BRIEFS, AND SERVICE
(A) Time for Filing Petition in Error, Brief, and Record. A petition in error WITH A CERTIFIED COPY OF THE DISTRICT COURT’S FINAL ORDER ATTACHED, a supporting brief, and a copy of the record applicable to the appeal, must be filed with the Clerk of this Court within thirty (30) days from the date the final order adjudicating the petition for judicial review is filed with the clerk of the district court. The filing of the petition in error is jurisdictional and failure to timely file constitutes waiver of the right to appeal.
(B) Style of Petition in Error and Content. The party filing the petition in error shall be known as the appellant. The party against whom the appeal is taken shall be known as the appellee. The petition in error shall set forth the name of the parties below and their designations on appeal and shall have a certified copy of the final order attached to it. The petition in error must also contain the following:
(1) The type of appeal the party is filing and the statutory authority for the appeal;
(2) The district court from which the appeal is taken;
(3) The district court case number;
(4) The name of the trial judge issuing the final order;
(5) The date the final order appealed was filed with the clerk of the district court;
(6) The date the Notice of Appeal from Judicial Review was filed with the clerk of the district court; and
(7) The nature of the relief the appellant seeks.
(C) Brief of Appellant. The brief in support of the petition in error shall not exceed twenty (20) typewritten, 8-1/2 by 11-inch pages in length and shall comply with the requirements of Rule 3.5. The appealing party’s brief shall contain a statement of the case and statement of facts, the errors urged as having been committed during the proceedings in the district court, citation to those portions of the record supporting the appeal, and citation of legal authority supporting the appeal.
(D) Answer Brief. This Court may direct the appellee to file an answer brief, if necessary; however, the appellee is not required to file an answer brief unless directed by the Court.
(E) Signatures and Service. All pleadings and briefs filed in an appeal from a final order adjudicating a petition for judicial review shall be signed by the party responsible for their filing or by the party’s attorney of record. Additionally, all such pleadings or briefs shall contain a certificate of service upon the adverse party. The party or their attorney of record shall be responsible for service upon the adverse party. This Court will not consider pleadings, briefs, or motions without proof of service upon the adverse party.
RULE 15.4 NOTICE OF APPEAL, PREPARATION OF RECORD ON APPEAL, AND DUTIES OF THE TRIAL JUDGE, DISTRICT COURT CLERK, AND COURT REPORTER.
(A) Notice of Appeal. The party desiring to appeal from a final order of the district court under Section XV of these Rules MUST file a "Notice of Appeal from Judicial Review" with the clerk of the district court within ten (10) days from the date that the order appealed was filed with the district court clerk. This required "Notice of Appeal from Judicial Review" shall be in substantial compliance with the following language:
__________________________(party’s name), the Petitioner/Respondent herein, gives notice of intent to appeal the final order filed in the District Court of Oklahoma County, on the ______ day of __________________, 20____, in Case No. _______________. The final order granted/denied relief upon a petition for judicial review of prison disciplinary proceedings that resulted in the revocation of the prisoner’s earned credits. Petitioner/Respondent requests the preparation of the record on appeal as required by Rule 15.4(B) of the Rules of the Oklahoma Court of Criminal Appeals, Title 22, Ch. 18, App.
Form 13.4, Section XIII of these Rules shall not be utilized in appeals from judicial review proceedings.
In cases where hearings upon the petition for judicial review were recorded by a court reporter, the appealing party must serve a copy of the "Notice of Appeal from Judicial Review" upon the court reporter. Service upon the court reporter shall be reflected within the Notice of Appeal.
(B) Record. Once a "Notice of Appeal from Judicial Review" has been filed with the district court clerk, the clerk shall then prepare the record on appeal. The district court clerk shall transmit the record on appeal from a final order entered under this Section in accordance with the procedure set forth in Rule 2.3(B), but within the time requirements set forth in Rule 15.4(D)(2). The record transmitted shall be limited to:
1. A copy of the petition that was filed in the district court seeking judicial review;
2. A copy of any supporting evidence presented to the district court in support of the petition seeking judicial review;
3. A copy of the respondent’s answer to the petition for judicial review and copies of any evidence presented by respondent to the district court;
4. A copy of any special reports presented to the district court;
5. The transcript of any hearings before the district court concerning the petition for judicial review;
6. A copy of the final order adjudicating the judicial review pleadings filed in the district court; and
7. Copies of those portions of the record and transcripts considered by the district court when adjudicating the petition for judicial review as set forth in the findings of fact and conclusions of law entered by the district court within its final order.
(C) Duties of the Trial Judge. The judge assigned to adjudicate a petition seeking judicial review of disciplinary proceedings that have resulted in revocation of earned credits shall have the following duties:
(1) The trial judge shall file with the district court clerk a signed and dated journal entry of the district court’s final order. The journal entry of the final order shall contain the district court’s findings of facts and conclusions of law. The journal entry shall also specify the pleadings, documents, exhibits, specific portions of the original record and transcripts, considered in adjudicating the petition for judicial review, which shall then become a part of the record on appeal as defined by Rule 15.4(B).
(2) The trial judge shall ensure the clerk of the district court provides timely notice to the parties of the filing of the journal entry. If a "Notice of Appeal from Judicial Review" is filed, the trial judge shall then monitor and ensure timely completion of the record on appeal by the clerk of the district court together with the court reporter(s), as required.
(D) Duties of District Court Clerk. Whenever there is filed with the district court clerk a journal entry of a final order adjudicating a petition for judicial review of disciplinary proceedings that revoked earned credits, the court clerk shall have the following duties:
(1) On the same day that the journal entry of the final order is filed, the court clerk shall mail file-stamped, certified copies thereof to petitioner or to petitioner’s counsel of record and to counsel of record for respondent. The court clerk shall include a certificate of mailing with the order, which shall also be made a part of the record of the case.
(2) Upon receipt of a "Notice of Appeal from Judicial Review," the clerk shall compile two certified copies of the record on appeal as defined by Rule 15.4(B). The clerk shall ensure the Notice of Completion of Record is filed with this Court within thirty (30) days of the filing of the journal entry of the final order, unless an extension is requested by the court clerk and granted by this Court.
Except for the specific time requirements of this Rule, the provisions of Rule 2.3(B) apply.
(E) Duties of the Court Reporter. In those cases where a hearing was conducted and a "Notice of Appeal from Judicial Review" has been filed with the district court clerk and served upon the court reporter within ten (10) days of the filing of the final order, the court reporter shall prepare a transcript of the judicial review proceedings. The court reporter shall ensure the transcript is completed and filed with the court clerk within sufficient time to allow the clerk to file the Notice of Completion of Record with this Court within thirty (30) days of the filing of the journal entry of the final order.
RULE 15.5 PETITIONS FOR REHEARING
Once this Court has rendered its decision upon an appeal brought under Section XV of these Rules, that decision shall be final. A petition for rehearing is not allowed. The Clerk of this Court shall return to a party any petitions for rehearing tendered for filing.