IN RE: REVISION OF PORTION OF THE RULES OF THE COURT OF CRIMINAL APPEALS OF THE STATE OF OKLAHOMA

IN RE: REVISION OF PORTION OF THE RULES OF THE COURT OF CRIMINAL APPEALS OF THE STATE OF OKLAHOMA
1997 OK CR 74
Case Number: CCAD-97-5
Decided: 12/10/1997
IN RE: REVISION OF PORTION OF THE RULES OF THE COURT OF CRIMINAL APPEALS OF THE STATE OF OKLAHOMA
Oklahoma Court of Criminal Appeals

ORDER ADOPTING REVISION IN AND RE-PUBLISHING PORTIONS OF
RULE 1.0, RULE 1.7, RULE 1.11, RULE 1.13, RULE 1.14, RULE 2.1,
RULE 2.3, RULE 2.5, RULE 3.1, RULE 3.5, RULE 3.11, RULE 3.12,
RULE 4.3, RULE 5.2, RULE 5.3, RULE 5.4, RULE 5.5, RULE 5.6,
RULE 7.2, RULE 7.4, RULE 9.3, RULE 9.7, RULE 10.1, AND RULE 10.5,
TOGETHER WITH FORM 13.2, FORM 13.4 AND FORM 13.11a
OF THE RULES OF THE COURT OF CRIMINAL APPEALS

¶1 Pursuant to the provisions of Section 1051(b) of Title 22 of the Oklahoma Statutes, we hereby revise, adopt, promulgate and re-publish portions of Rule 1.0, Rule 1.7, Rule 1.11, Rule 1.13, Rule 1.14, Rule 2.1, Rule 2.3, Rule 2.5, Rule 3.1, Rule 3.5, Rule 3.11, Rule 3.12, Rule 4.3, Rule 5.2, Rule 5.3, Rule 5.4, Rule 5.5, Rule 5.6, Rule 7.2, Rule 7.4, Rule 9.3, Rule 9.7, Rule 10.1, and Rule 10.5, together with Form 13.2, Form 13.4, and Form 13.11a of the Rules of the Court of Criminal Appeals, 22 O.S.Supp,1997, Ch. 18., App, as set out in the attachment to this order. This revision shall become effective on the date of this order and be implemented on January 1, 1998. In the rules section itself, additions are indicated by highlight; and deletions are indicated by strikethrough. (No such additions and deletions will appear in the final version of the Rules, to be published by West).

IT IS SO ORDERED.

WITNESS OUR HANDS AND THE SEAL OF THIS COURT

/s/CHARLES S. CHAPEL, Presiding Judge

/s/RETA M. STRUBHAR, Vice Presiding Judge

/s/GARY L. LUMPKIN, Judge

/s/JAMES F. LANE, Judge

/s/CHARLES A. JOHNSON, Judge

ATTEST:

/s/James Patterson

Clerk

 

RULE 1.0 IS AMENDED AS FOLLOWS

    D. Citation to the Rules of this Court shall be in the following format: Rule ___, Rules of the Court of Criminal Appeals, Title 22, Ch.18, App. (year).

RULE 1.7 IS AMENDED AS FOLLOWS:

    

RULE 1.11 IS AMENDED AS FOLLOWS:

    

RULE 1.13 IS AMENDED AS FOLLOWS:

C. Transcript of Evidence.

RULE 1.14 IS AMENDED AS FOLLOWS:

    D. Trial Counsel Responsibility

    

    

    

    

B. Commencement of Appeal.

RULE 2.1 IS AMENDED AS FOLLOWS:

    A. Motion for New Trial

    

    

    

    

    

RULE 2.3 IS AMENDED AS FOLLOWS:

    B. Duties of Trial Court Clerk on Completion of Record.

    

RULE 2.5 IS AMENDED AS FOLLOWS:

    A. Ten-Day Requirement.

RULE 3.1 IS AMENDED AS FOLLOWS:

    A. Petition in Error

    

RULE 3.5 IS AMENDED AS FOLLOWS:

    A. Brief of the Appellant

    

    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.

(2) Citation to opinions of the Oklahoma Court of Criminal Appeals shall include citations to Pacific and Pacific 2nd Reporters. Citation to the Court's official paragraph citation form is allowed as a parallel cite, but not required. Effective January 1, 1998, citation to opinions of the Oklahoma Court of Criminal Appeals shall be as follows:

(A) Oklahoma Court of Criminal Appeals Opinions in which mandate has issued prior to January 1, 1954, shall include citations to Pacific and Pacific 2nd Reporters. Parallel citation to Oklahoma Criminal Reports is strongly encouraged. Examples of permissible citation form include:

(i) Hunter v. State

(ii) Hunter v. State, 97 Okl.Cr. 402, 264 P.2d 997, 998 (1953).

(iii)Hunter v. State, 97 Okl.Cr. 402, 403, 264 P.2d 997, 998 (1953).

(iv) Hunter v. State

(v) Hunter v. State

(B) Oklahoma Court of Criminal Appeals Opinions in which mandate has issued after January 1, 1954, shall include citations to Pacific and Pacific 2nd Reporters. Parallel citation to the official paragraph citation form of the Oklahoma Court of Criminal Appeals is strongly encouraged. Examples of permissible citation form include:

(i) Burns v. State

(ii) Burns v. State

(iii) Burns v. State

(iv) Burns v. State

(v) Burns v. State

In "Burns v. State, 1955 OK CR 46, ¶9, 282 P.2d 258", "1955" refers to the year the mandate issued, "OK CR" is the court designation for the Oklahoma Court of Criminal Appeals, "46" is the number of that 1955 opinion assigned by the Court, "¶9" is paragraph number 9 of the opinion as designated by the Court, and "282 P.2d 258" is the parallel citation to the Pacific 2nd reporter.

(C) An opinion cited subsequent to issuance of the mandate but prior to official publication shall include citation to the Oklahoma Bar Journal. Parallel citation to the official paragraph citation form of the Oklahoma Court of Criminal Appeals is

(i) Robinson v. State

(ii) Robinson v. State

(iii) Robinson v. State

(iv) Robinson v. State

(v) Robinson v. State

(D) Opinions of the Oklahoma Court of Criminal Appeals issued for publication shall be published on the Court's World Wide Web site, www.occa.state.ok.us. Such opinions may not be cited as authority in a subsequent appellate opinion nor used as authority by a trial court until the mandate in the matter has issued. After the mandate has issued, the opinion as published on the Web site shall constitute the official paragraph citation form of the Oklahoma Court of Criminal Appeals. See Rule 1.0(D) for citation to Rules.

RULE 3.11 IS AMENDED AS FOLLOWS:

    A.

Rule 3.12 IS AMENDED AS FOLLOWS:

Rule 3.12. Monitoring Appeal Time; Motion to Dismiss; Notification;

    

    E. Remands for Evidentiary Hearings. If a case is remanded to the District Court for an evidentiary hearing, the order remanding shall set out with specificity the time in which the hearing must be held, the time the record must be compiled and submitted to this Court, to include the trial court's findings of facts and conclusions of law, and set a schedule for the filing of briefs by the parties. The order may also set out the responsibilities for the costs of the preparation of the record of the evidentiary hearing.

RULE 4.3 IS AMENDED AS FOLLOWS:

    A.

RULE 5.2 IS AMENDED AS FOLLOWS:

    A. Final Judgment on Post-Conviction Application.

    B. Stay of Execution of Judgment Pending Appeal. The District Court may stay the execution of its judgment upon the filing of a verified motion to stay execution of the judgment pending appeal within ten (10) days from the date of the entry of the judgment. If the motion is granted, the party granted the stay shall file a certified copy of the petition in error in the District Court within five (5) days after the filing of the petition in error in this Court to ensure the District Court is notified of the perfecting of the appeal.

    C. Petition in Error, Briefs and Record.

     (1) The party desiring to appeal from the final order of the District Court under Section V of these Rules and Section IX, must file a

     2) A

    

    (2)

    

    

    (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

    

    (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.

    

     (4)

    (5)

    

    The Petitioner gives notice of intent to appeal the order granting/denying application for post-conviction relief entered in the District Court of __________ County, on the ______ day of ________, 19__, arising from District Court Case No. ________. The Petitioner requests the preparation of the record on appeal as required by Rule 5.2(C)(6).

    (10) Form 13.4, Section XIII, shall not be utilized in appeals from a granting/denial of post-conviction relief and the Clerk of the District Court shall not be required to accept for filing or act upon any pleading which does not comply with Rule 5.2 (C)(6) and (9).

RULE 5.3 IS AMENDED AS FOLLOWS:

Rule 5.3. Duties of Court Clerks

    

    

    2.

Rule 5.4. Duties of the Judge of the District Court

    A.

    B. Due to the statutory time constraints set out in Section 1087 of Title 22, the judge shall monitor and ensure timely notice is provided to the parties by the clerk of the District Court, and if a notice of post-conviction appeal is filed, a timely completion of the record on appeal by the clerk of the District Court together with the court reporter(s), as required.

Rule 5. 4

    

Rule 5.56 Form for Application for Post-Conviction Relief

    

Rule 7.2 IS AMENDED AS FOLLOWS:

    

RULE 7.4 IS AMENDED AS FOLLOWS:

    

RULE 9.3 IS AMENDED AS FOLLOWS:

    D. Supplemental Brief.

RULE 9.7 IS AMENDED AS FOLLOWS:

    A. Application.

    (1) Post-conviction applications shall be in accordance with Form 13.11

    (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.

    (

    D. Supplementation of Record/Discovery.

    (1)

     (a) The record on capital post-conviction shall consist of the original application for post-conviction relief, the record on appeal as defined by Rule1.13(F), and any affidavits and

RULE 10.1 IS AMENDED AS FOLLOWS:

    B.

    

RULE 10.5 IS AMENDED AS FOLLOWS:

(3) A

FORM 13.2 IS AMENDED AS FOLLOWS:

Form 13.2 Affidavit in Forma Pauperis

The Affidavit in Forma Pauperis must be in the following form:

STATE OF OKLAHOMA

COUNTY OF ___________

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____________________, being first sworn, depose and state that I am a poor person without funds or property or relatives willing to assist me in paying for filing the within instrument. I understand any false statement of a material fact may serve as a basis for prosecution for perjury.

_________________________________________
(Signature of Affiant)

Subscribed and sworn to before me this ____ day of __________, 19____.

_________________________________________
(Notary Public)

My Commission expires: __________

STATEMENT OF PRISON ACCOUNT IF INCARCERATED

The above inmate has on deposit in his/her Inmate Trust Fund Account personal funds in the amount of $________ as of this date, ____________, 19____

By ______________________________________
(Department of Corrections Official)

 

FORM 13.4 IS AMENDED AS FOLLOWS:

Form 13.4 Notice of Intent to Appeal

IN THE DISTRICT COURT OF _________ COUNTY
STATE OF OKLAHOMA

THE STATE OF OKLAHOMA,

Plaintiff,

v.

___________________________________,

Defendant.

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APPEAL CASE NO. __________

NOTICE OF INTENT TO APPEAL;
ORDER DETERMINING INDIGENCY, APPELLATE COUNSEL,
PREPARATION OF APPEAL RECORD, AND GRANTING TRIAL COUNSEL'S
MOTION TO WITHDRAW; COURT REPORTER'S ACKNOWLEDGEMENT; AND
NOTIFICATION OF APPROPRIATE APPELLATE COUNSEL, IF APPOINTED

I. NOTICE OF INTENT TO APPEAL

The Defendant was sentenced on the __________ day of , 19__________, for:

Crime(s)Statute(s)Sentence

______________________________________________________________________________
______________________________________________________________________________

The sentence(s) was/were ordered to run () concurrently () consecutively as follows: ______________________________________________________________________ The Defendant intends to appeal the above conviction(s) to the Oklahoma Court of Criminal Appeals pursuant to __________ (cite specific statute). This Notice of Intent to Appeal and the Designation of Record, attached as Exhibit "A", pursuant to Rule 2.5(A) of the Rules of the Court of Criminal Appeals, Ch.18, App., of Title 22, was filed with the clerk of the trial court within ten (10) days of the date of the pronouncement of the Judgment and Sentence in this case and constitutes a valid initiation of a direct appeal in accordance with the Court of Criminal Appeals Rule 2.1(B). The Defendant further requests that the original record and transcripts be prepared in accordance with the completed Designation of Record, attached as Exhibit A. To assist in the expediting of the appeal, an advisory list of propositions of error, if any, deemed viable by trial counsel, signed by trial counsel (if trial counsel will not be attorney on appeal), is attached as Exhibit "B".

________________________________________
Trial Counsel
() Retained
() Appointed
() Individual
() Oklahoma Indigent Defense System
() Oklahoma County Public Defender
() Tulsa County Public Defender

A true and correct certified copy of the Notice of Intent to Appeal and the Designation of Record with acknowledged receipt by the court reporter(s) were mailed this __________ day of __________, 19__________, to the Clerk of the Oklahoma Court of Criminal Appeals.

________________________________________
Trial Counsel
(Signature plus typed name)
________________________________________
OBA No.________________________________
Address ________________________________
________________________________________
Telephone No.__________________________

II. APPLICATION FOR DETERMINATION OF INDIGENCY

In accordance with Rule 1.14 of the Rules of the Court of Criminal Appeals, 22 O.S., Ch.18, App., the Defendant submits that he/she is indigent and cannot pay the costs of an appeal. Counsel states:

()

Indigency has been previously determined by this Court or its designee, and a pauper's affidavit in accordance with Rule 1.14(A) will be provided if this Court elects to review the Defendant's status.

()

Indigency has not been previously determined by this Court or its designee, and a pauper's affidavit in accordance with Rule 1.14(A) is attached as Exhibit "C".

It is requested that appropriate counsel be appointed and transcripts be prepared at the expense of the State.

_________________________________________
Trial Counsel

III. DETERMINATION OF INDIGENCY

Pursuant to Rule 1.14 of the Rules of the Court of Criminal Appeals, Ch.18, App., of Title 22, this Court finds the Defendant ()IS ()IS NOT currently indigent.

THE COURT ORDERS:

A. Preparation of the Appeal Record:

1. A record of this case ()IS ()IS NOT to be prepared at public expense.

2. The court reporter(s) listed below ()SHALL () SHALL NOT be reimbursed at public expense out of the Court Fund of __________ County for preparation of this record

Name:
Mailing Address:


Transcript Type:
Transcript Date:

____________________________________________________
____________________________________________________
____________________________________________________
____________________________________________________
____________________________________________________
____________________________________________________

3. The return to the trial court clerk all transcripts prepared at state expense during the course of the trial proceedings. These transcripts shall be returned within ten (10) days from the date of sentencing. See Rule 3.2(E).

B. IF INDIGENT:

1. __________, trial counsel for the Defendant, timely completed this Notice of Intent to Appeal and has timely filed a Designation of Record.

2. The court reporter(s) has been served with a copy of the Designation of Record.

3. Appropriate transcripts are ordered at public expense.

4. _____________________, ()CHIEF, CAPITAL DIRECT APPEALS DIVISION OF THE OKLAHOMA INDIGENT DEFENSE SYSTEM (if the death sentence was imposed) ()CHIEF OF THE GENERAL APPEALS DIVISION OF THE OKLAHOMA INDIGENT DEFENSE SYSTEM (if the death sentence was not imposed) ()PUBLIC DEFENDER OF TULSA COUNTY ()PUBLIC DEFENDER OF OKLAHOMA COUNTY ()A PRIVATE ATTORNEY, ADDRESS ________________________, TELEPHONE _________________, is appointed to represent the Defendant on appeal. (The public defender of Tulsa County and Oklahoma County may only be appointed if that office represented the defendant at trial unless a conflict of interest exists as determined.)

5. Any Supplemental Designation of Record by the Oklahoma Indigent Defense System pursuant to Section 1362 of Title 22 must be filed and served upon the appropriate court reporter(s) within thirty (30) days from the date of appointment.

6. __________, trial counsel for the Defendant, is permitted to withdraw as counsel of record.

7. Cases in which death penalty imposed: ___________(name)______, Chief of the Capital Post-Conviction Division of the Oklahoma Indigent Defense System, is appointed to represent the defendant on the filing of an application for post-conviction relief in accordance with the provisions of §§ 1089 and 1356 of Title 22.

C. IF NOT INDIGENT:

1. __________, trial counsel for the Defendant, timely completed this Notice of Intent to Appeal and has timely filed a Designation of Record.

2. The court reporter(s) has been served with a copy of the Designation of Record.

3. __________ has entered his/her appearance and will represent the Defendant on appeal as retained counsel.

4. __________, trial counsel for the Defendant, has filed a Motion to Withdraw as Counsel. The Motion is granted and trial counsel is permitted to withdraw as counsel of record.

IT IS SO ORDERED.

This order signed this __________ day of __________, 19__________.

__________________________________
Judge of the District Court
__________________________________
(Signature plus typed name and title)

NOTE: A NOTICE OF INTENT TO APPEAL AND DESIGNATION OF RECORD MUST BE FILED WITHIN TEN (10) DAYS FROM THE DATE THE SENTENCE IS PRONOUNCED IN OPEN COURT WITH THE CLERK OF THE TRIAL COURT. THIS NOTICE AND DESIGNATION IS JURISDICTIONAL AND FAILURE TO TIMELY FILE CONSTITUTES WAIVER OF THE RIGHT TO APPEAL. A CERTIFIED COPY OF THIS NOTICE AND DESIGNATION SHALL ALSO BE FILED BY TRIAL COUNSEL WITH THE CLERK OF THE COURT OF CRIMINAL APPEALS WITHIN TEN (10) DAYS FROM THE DATE THE NOTICE IS FILED IN THE TRIAL COURT. NO TRIAL ATTORNEY MAY BE GRANTED PERMISSION TO WITHDRAW, IF THE DEFENDANT DESIRES TO APPEAL, UNLESS THESE DOCUMENTS ARE FILED. IF THE DEFENDANT DOES NOT WISH TO APPEAL THIS CONVICTION, TRIAL COUNSEL MUST FILE AN AFFIDAVIT SIGNED BY TRIAL COUNSEL AND ACKNOWLEDGED BY THE TRIAL JUDGE WITH THE CLERK OF THE DISTRICT COURT, BEFORE TRIAL COUNSEL IS ALLOWED TO WITHDRAW, ASSERTING THAT THE DEFENDANT HAS BEEN FULLY ADVISED OF HIS/HER APPEAL RIGHTS AND DOES NOT WISH TO PURSUE AN APPEAL OF THE CONVICTION. See Rule 1.14(D).

IV. COURT REPORTER'S ACKNOWLEDGEMENT

A. The Designation of Record, attached as "Exhibit A", was received on __________, 19__________.

B. IF NOT INDIGENT, satisfactory arrangements ()have ()have not been made for payment of the transcript cost. These financial arrangements were completed on , __________ 19__________ . If payment has not been made/arranged, explain why: __________________________________________
________________________________________________________________________
________________________________________________________________________

C. Number of trial and/or hearing days: ________________________________

D. Estimated number of transcript pages: ______________________________

E. Estimated completion date: _________________________________________

F. I acknowledge receipt of this document and understand I must prepare the record within the time limits prescribed by the Oklahoma Court of Criminal Appeals.

DATE:

________

______________________________________________________
Signature - Official Court Reporter

 

V. NOTIFICATION OF COUNSEL, IF APPOINTED

NOTE: No Designation of Record shall be accepted for filing by the trial court clerk unless it contains one of the following:

A. A signed acknowledgement from the court reporter(s) who reported proceedings in a case indicating receipt of the request for transcript(s), the date received, and completed financial arrangements, or an order of the trial court directing the case be prepared at public expense; or,

B. A signed statement by the attorney preparing the designation of record stating that transcripts have not been ordered and a brief explanation why. (Example, I, __________, attorney for the Appellant, hereby state that I have not ordered a transcript because: (1.) A transcript is not necessary for this appeal; (2.) No stenographic reporting was made.)

A true and correct certified copy of this Notice and Order and the Designation of Record were mailed this __________day of __________, 19__________, to ()the Capital Direct Appeals Division, Oklahoma Indigent Defense System, 1660 Cross Center Drive, Norman, Oklahoma 73019; ()the General Appeals Division, Oklahoma Indigent Defense System, P.O. Box 926, Norman, Oklahoma 73070-0926; () Public Defender of Oklahoma County, 611 County Office Building, 320 Robert S. Kerr Avenue, Oklahoma City, Oklahoma 73102; ()Public Defender of Tulsa County, 189 Courthouse, 500 South Denver Avenue, Tulsa, Oklahoma 74103; () __________, privately retained counsel.

_______________________________________
Deputy Court Clerk, __________County

 

FORM 13.11a IS ADOPTED AS FOLLOWS:

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.

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Case no. _____________________

District Court of ______________
County, Case no. _____________

APPLICATION FOR POST-CONVICTION RELIEF - DEATH PENALTY

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 beserved 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