ROBINSON v. STATE

ROBINSON v. STATE
1990 OK CR 60
798 P.2d 222
Case Number: F-86-625
Decided: 09/08/1990
Oklahoma Court of Criminal Appeals

ORDER

¶1 E. Alvin Schay, Appellate Public Defender, has filed a motion requesting this Court to determine whether attorneys in the Appellate Public Defender System can be court appointed for the purpose of appeals remanded to the district court for post-examination competency hearings. See Thomas v. State, 777 P.2d 399 (Okl. Crim. App. 1989).

¶2 Having carefully considered the application, and being fully advised in the premises, we adopt the following procedure with regard to appointment of counsel on appeals remanded for post-examination competency hearings:

1. The district court should first consider appointing the original trial counsel when possible.

2. Where the original trial counsel is not available, the district court shall have the responsibility of appointing counsel other than the Appellate Public Defender's Office.

¶3 IT IS SO ORDERED.

/s/ Ed Parks

ED PARKS, Presiding Judge

/s/ James F. Lane

JAMES F. LANE, Vice Presiding Judge

/s/ Hez J. Bussey

HEZ J. BUSSEY, Judge

/s/ Tom Brett

TOM BRETT, Judge

/s/ Gary L. Lumpkin

GARY L. LUMPKIN, Judge