Form 13.11a Application for Post-Conviction Relief--Death Penalty

IN THE COURT OF CRIMINAL APPEALS OF THE STATE OF OKLAHOMA

________________________________, Petitioner, vs. THE STATE OF OKLAHOMA, Respondent.

) ) ) ) ) ) ) ) )

Case no. _____________________ District Court of ______________ County, Case no. _____________

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