OCCAOnline Rules of the Court of Criminal Appeals


Form 13.11. Application for Post Conviction Relief

In the District Court of ________County
State of Oklahoma

___________________________________,

                    Petitioner,

                       vs.

THE STATE OF OKLAHOMA,
and _______________________________
                    Respondents.

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   No. ________

APPLICATION FOR POST-CONVICTION RELIEF

(Petitioner must use one application for each conviction.)

PART A

I, ________________________________________________, whose present address is ____________________________________, hereby apply for relief under the Post-Conviction Procedure Act, Section 1080 et seq. of Title 22.

The sentence from which I seek relief is as follows:

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. Are you now in custody serving this sentence? Yes( ) No( )
     Where? ______________________________________________________

6. For what crime or crimes were you convicted?__________________
   ________________________________________________________________

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. Name of lawyer who represented you in trial court:
    _______________________________________________________________

10. Was your lawyer hired by you or your family?        Yes( ) No( )
Appointed by the court?                                           Yes( ) No( )

11. Did you appeal the conviction?                                 Yes( ) No( )
      To what court or courts? _____________________________________

12. Did a lawyer represent you for the appeal?              Yes( ) No( )
      Was it the same lawyer as in No. 9 above?               Yes( ) No( )
      If "no," what was this lawyer's name? ________________________
      Address? ____________________________________________________

13. Was an opinion written by the appellate court?          Yes( )No( )

       If "yes," give citations if published:___________________________
       _____________________________________________________________
       If not published, give appellate case no.:______________________

14. Did you seek any further review of or relief from your        conviction at any other time in any court?               Yes( ) No( )
       If "Yes," state when you did so, the nature of your claim and        the    result (include citations to any reported opinions.) ______
       _____________________________________________________________

PART B

(If you have more than one proposition for relief, attach a separate sheet for each proposition. Answer the questions below as to each additional proposition, labelled SECOND PROPOSITION, THIRD PROPOSITION.)

I believe that I have ________ (number of) propositions for relief from the conviction and sentence described in PART A. This is the first proposition. ____
______________________________________________________________________________
______________________________________________________________________________

1. Of what legal right or privilege do you believe you were deprived in your case? __________________________________________________________________

2. In the facts of your case, what happened to deprive you of that legal right or privilege and who made the error of which you complain? _____________
______________________________________________________________________________

3. List by name and citation any case or cases that are very close factually and legally to yours as examples of the error you believe occurred in your case. ___________________________________________________________________
______________________________________________________________________________

4. How do you think you could now prove the facts you have stated in answer to Question No. 2, above? Attach supporting documentation. __________
______________________________________________________________________________

5. If you did not timely appeal the original conviction, set forth facts showing how you were denied a direct appeal through no fault of your own. ___
______________________________________________________________________________

6. Is this a proposition that could have been raised on Direct Appeal? Yes( ) No( )
Explain:_____________________________________________________________________

PART C

I understand that I have an absolute right to appeal to the Court of Criminal Appeals from the trial court's order entered in this case, but unless I do so within thirty (30) days after the entry of the trial judge's order, I will have waived my right to appeal as provided by Section 1087 of Title 22.

PART D

I have read the foregoing application and assignment(s) of error and hereby state under oath that there are no other grounds upon which I wish to attack the judgment and sentence under which I am presently convicted. I realize that I cannot later raise or assert any reason or ground known to me at this time or which could have been discovered by me by the exercise of reasonable diligence. I further realize that I am not entitled to file a second or subsequent application for post-conviction relief based upon facts within my knowledge or which I could discover with reasonable diligence at this time.

PART E (As Applicable)

I hereby apply to have counsel appointed to represent me. I believe I am entitled to relief. I do not possess any money or property except the following: (If none, state "None").

______________________________________________________________________________
______________________________________________________________________________

_________________ _________________________________
Date                    Signature

STATE OF OKLAHOMA
COUNTY OF _________________

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__________________________, being first sworn under oath, states that he/she signed the above application and that the statements therein are true to the best of his/her knowledge and belief.

_________________________________
Signature

Subscribed and sworn to before me this ______ day of ________________________, 20____.

_________________________________
NOTARY PUBLIC

My Commission Expires: _______________


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