ISSUE CERTIFICATE OF APPEAL

RECEIPT # 15284 ON 08/02/2002.
PAYOR: VICKI RUTH ADAMS WERNEKE TOTAL AMOUNT PAID: $ 0.00.
LINE ITEMS:
$0.00 ON POST CONVICTION-DEATH INITIAL FILING.

JE: ORDER - LUMPKIN, PJ; ORDER DIRECTING THE FILING OF SUCCESSIVE POST-CONVICTION APPLICATIONS RAISING ISSUES PURSUANT TO ATKINS V. VIRGINIA AND RING V. ARIZONA WITHIN 60 DAYS OF THE HANDING DOWN OF THE FIRST OPINION FROM THIS COURT ADDRESSING ATKINS/RING. COPIES TO ATTYS

JE: ORDER - LUMPKIN, PJ; ORDER CLARIFYING PREVIOUS ORDER OF AUGUST 14, 2002, AND DIRECTING THE FILING OF SUCCESSIVE POST-CONVICTION APPLICATIONS RAISING ISSUES PURSUANT TO ATKINS V. VIRGINIA AND RING V. ARIZONA WITHIN 60 DAYS OF THE DATE THE MANDATE IS ISSUED IN THE FIRST OPINION FROM THIS COURT ADDRESSING ATKINS/RING. COPIES TO ATTYS

SECOND APPLICAITON FOR POST-CONVICTION RELIEF - DEATH PENALTY

JE: ORDER - LUMPKIN, PJ; JOHNSON, VPJ; CHAPEL, J; STRUBHAR, J; LILE, J; ORDER GRANTING MOTION FOR EVIDENTIARY HEARING ON PROPOSITION ONE OF SECOND APPLICATION FOR POST-CONVICTION RELIEF. WE HEREBY REMAND THIS CASE TO THE DISTRICT COURT OF CREEK COUNTY FOR AN EVIDENTIARY HEARING ON THE ISSUE OF MENTAL RETARDATION, PURSUANT TO RULE 9.7(D)(5) & (6). THE EVIDENTIARY HEARING SHOULD BE HELD WITHIN 60 DAYS FROM THE DATE OF THIS ORDER. THE TRIAL COURT SHALL FILE FINDINGS OF FACT AND CONCLUSIONS OF LAW WITH THIS COURT WITHIN 45 DAYS OF THE CONCLUSION OF THE EVIDENTIARY HEARING, TOGETHER WITH THE TRANSCRIPT AND RECORD OF THE PROCEEDINGS. EACH PARTY MAY FILE A RESPONSE TO THE TRIAL COURT'S FINDING OF FACT AND CONCLUSIONS OF LAW WITHIN 20 DAYS AFTER THE DISTRICT COURT'S FINDINGS AND CONCLUSIONS ARE FILED IN THIS COURT. COPIES TO ATTYS, DIST CT CLERK & HON. DONALD D. THOMPSON

PETITIONER'S EMERGENCY MOTION FOR AN EXTENSION OF 60 DAYS BEYOND THE CURRENT DEADLINE IN WHICH TO HOLD A HEARING ON PETITIONER'S CLAIM OF MENTAL RETARDATION

RESPONDENT'S REQUEST FOR EXTENSION TO RESPOND TO THIS COURT'S DECEMBER 13, 2002, ORDER AND FOR EXAMINATION OF THE DEFENDANT

JE: ORDER - JOHNSON, PJ; LILE, VPJ; LUMPKIN, J; CHAPEL, J; STRUBHAR, J; ORDER GRANTING REQUEST FOR EXTENSION OF TIME TO RESPOND, AND DENYING MOTIN TO EXAMINE THE DEFENDANT. THE STATE IS ORDERED TO RESPOND WITHIN 15 DAYS OF THIS ORDER, SHOWING CAUSE WHY, ON THE RECORD BEFORE US, PICKENS HAS NOT RAISED AN ISSUE OF FACT REGARDING HIS MENTAL RETARDATION SUFFICIENT TO GO TO A JURY. COPIES TO ATTYS

APLEE'S RESPONSE TO 2-14-03 ORDER TO SHOPW CAUSE

JE:ORDER JOHNSON PJ, LILE VPJ, LUMPKIN J:DISSENTS, CHAPEL J, STRUBHAR J, COPIES TO ATTY'S, DC CLERK, CJ C RIM DIV., PRESS, WEST, MDC, LEXIS-NEXIS, OBJ, JR, BNA, FOR PUB. ORDER DENYING PCR ON PROP TWO; ORDER GRANTING PCR ON PROP ONE & REMANDING TO THE DIST. COURT OF CREEK COUNTY FOR A JURY DETERMINATION ON THE ISSUE OF MENTAL RETARDATION. ******* 2003 OK CR 16 *******

JE: ORDER - JOHNSON, PJ; LILE, VPJ; LUMPKIN, J; CHAPEL, J; STRUBHAR, J; ORDER GRANTING REQUEST FOR EXTENSION OF TIME TO CONDUCT HEARING ON JURY DETERMINATION OF MENTAL RETARDATION. THE HEARING ON MENTAL RETARDATION IN THIS CASE SHALL BE CONDUCTED DURING CREEK COUNTY'S FEBRUARY 20, 2004 JURY DOCKET UNLESS FURTHER EXTENSION IS GRANTED BY THIS COURT. THE TRIAL COURT SHALL FILE FINDINGS OF FACT AND CONCLUSIONS OF LAW, INCLUDING THE JURY'S DETERMINATION AND ANY SENTENCING DISPOSITION, IN THIS COURT WTHIN 45 DAYS FROM THE CONCLUSION OF THE JURY PROCEEDING. COPIES TO ATTYS, DIST CT CLERK & HON. DONALD D. THOMPSON

NOTICE OF FILING BECKY J. THOMPSON, CSR

JE: ORDER - JOHNSON, PJ; ORDER GRANTING EXTENSION OF TIME FOR PREPARATION OF TRANSCRIPTS AND SETTING CRITERIA FOR COMPLETION. THE COURT REPORTER KRISTY L. RYAN IS GRANTED 30 DAYS FROM MARCH 21, 2004, TO COMPLETE AND FILE THE TRANSCRIPTS IN THIS MATTER. COPIES TO ATTYS, DIST CT CLERK & KRISTY L. RYAN, CSR

NOTICE OF NON COMPLETION OF RECORD ON APPEAL FROM DIST COURT

JE: ORDER - JOHNSON, PJ; ORDER GRANTING SECOND EXTENSION OF TIME TO COURT REPORTER TO PREPARE AND FILE TRANSCRIPTS. THE COURT REPORTER IS GRANTED A FINAL EXTENSION OF TIME OF 30 DAYS FROM APRIL 20, 2004, TO COMPLETE AND FILE THE TRANSCRIPTS IN THIS MATTER. COPIES TO ATTYS, DIST CT CLERK & HON. KRISTY L. RYAN, CSR

RECORD ORDERED FROM DISTRICT COURT

BROWN ENVELOPE EXHIBITS; ORIG ONLY

TRANSCRIPT BD VOL 10-14-03 MOT HEAR 5 PGS; C/AG & OIDS PCD

TRANSCRIPT BD VOL I JR 300 PGS; C/AG & OIDS PCD

TRANSCRIPT BD VOL III JT PGS 602-681; C/AG

RECORD TO COURT

LETTER FROM BECKY J. THOMPSON, CSR W/ATT AMENDED TITLE PAGES (9-30-03 MOT HEARING & 10-14-03 MOT HEAR); C/AG & OIDS

APLNT'S APPL. TO HOLD BRIEFING IN ABEYANCE PENDING RESOLUTION OF PROCEEDINGS BEFORE THE COURT ON THE JUDICIARY & REQ FOR DISCOVERY

PETITIONER'S OBJECTION TO NOTICE OF COMPLETION

PETITIONER'S REQUEST TO FILE ENCLOSED MOTION UNDER SEAL AND EX PARTE ****SEALED****

JE: ORDER - JOHNSON, PJ; LILE, VPJ; LUMPKIN, J; CHAPEL, J; ORDER DIRECTING CREEK COUNTY COURT CLERK TO COMPLY WITH THIS COURT'S SEPTEMBER 1, 2004 ORDER BY JANUARY 14, 2005 OR TO FILE A RESPONSE SETTING FORTH THE REASONS THE RECORD CANNOT BE COMPLETED. WE HEREBY ORDER AND DIRECT THE CLERK OF CREEK COUNTY DISTRICT COURT TO COMPLY WITH THIS COURT'S PREVIOUS ORDER ON OR BEFORE JANUARY 14, 2005, @ 4:00 P.M., OR TO FILE A RESPONSE BY THAT DATE AND TIME SETTING FORTH THE REASONS THE RECORD CANNOT BE COMPLETED. COPIES TO ATTYS & DIST CT CLERK

RECORD ORDERED FROM DISTRICT COURT

RECORD TO COURT

APPELLANT'S REQUEST TO FILE ENCLOSED MOTION EX PARTE AND UNDER SEAL ****FILED EX PARTE AND UNDER SEAL****

JE: ORDER - CHAPEL, PJ; LUMPKIN, VPJ; JOHNSON, J; ORDER DISMISSING AS MOOT PETITIONERS' MOTION REQUESTING RECUSAL OF THE HONORABLE STEVE LILE. COPIES TO ATTYS

MANDATE ISSUED

RECORD RECEIVED FROM COURT.

COPY OF LETTER FROM USSP PLACING PET FOR CERT ON DOCKET 05-1286