Form 13.11a Application for Post Conviction Relief ? Death Penalty
IN THE COURT OF CRIMINAL APPEALS OF THE STATE OF OKLAHOMA
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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