OCCAOnline Rules of the Court of Criminal Appeals


Form 13.7. Order Allowing Defendant to Proceed Pro Se on Appeal

IN THE DISTRICT COURT OF _______ COUNTY
STATE OF OKLAHOMA

STATE OF OKLAHOMA,

                    Plaintiff,

vs.
_________________________________,

                    Defendant.

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Application Case No. __________

Original Conviction Case
   No. ______________
   in _______________County

Appeal Case No.______________

Order Allowing Defendant to Represent Himself/Herself in Perfecting/Pursuing an Appeal to the Court of Criminal Appeals

Findings of Fact

Based upon evidence presented concerning Defendant's background, education, and experience and upon his/her conduct at this hearing, I find that Defendant is literate, competent and informed and therefore can intelligently waive and relinquish his/her right to assistance of an attorney in perfecting/pursuing an appeal to the Oklahoma Court of Criminal Appeals.

Defendant has been fully advised of his/her rights to assistance of an attorney in perfecting/pursuing an appeal to the Oklahoma Court of Criminal Appeals, including the right to have an attorney appointed at the expense of the State of Oklahoma if he/she is indigent. Defendant has acknowledged each of these rights together with the understanding of the potential dangers and responsibilities he/she is assuming in requesting to represent himself/herself on appeal without the assistance of an attorney.

Defendant has not been, and does not feel, coerced or compelled, in any way, to waive and relinquish his/her right to assistance of an attorney in perfecting/pursuing an appeal.

Defendant has knowingly waived and relinquished his/her right to assistance of an attorney in perfecting/pursuing an appeal to the Oklahoma Court of Criminal Appeals.

Conclusions of Law

Defendant is constitutionally entitled to access the courts of justice of the State of Oklahoma, Okla.Const. art. 2, Sec. 6, which includes the right to represent himself/herself in perfecting/ pursuing a direct appeal of a criminal conviction to the Oklahoma Court of Criminal Appeals.

IT IS THEREFORE THE ORDER OF THIS COURT that Defendant's application to represent himself/herself in perfecting/pursuing a direct appeal of his/her conviction in Case No. _________________ to the Oklahoma Court of Criminal Appeals should be, and is hereby, GRANTED.

_____________________________________
Date

___________________________________
Judge of the District Court

 


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