Notice And Determination Of Counsel In Capital Cases At Post Conviction Level {CR-428}

File No. STATE OF NORTH CAROLINA Additional File Nos. County In The General Court Of Justice Superior Court DivisionName of Defendant NOTICE AND DETERMINATION OF COUNSEL IN CAPITAL CASES AT THE POST-CONVICTION LEVEL Social Security No. Has No Social Security No. G.S. 7A-451(c), (d); 7A-452 INSTRUCTIONS:The Court completes this form if the defendant has been sentenced to death, and the conviction and sentence have been affirmed on direct appeal by the Supreme Court of North Carolina or the defendant is filing a post-conviction motion pending resolution of his or her direct appeal. Do not use this form to appoint counsel for direct appeal of a sentence of death; use AOC-CR-350 to appoint the Office of Appellate Defender in such a case. Mail the completed form to: Office of Indigent Defense Services, 123 West Main Street, Suite 700, Durham, NC 27701. POST-CONVICTION PROCEEDINGS NOTE: Upon receiving notice of its appointment, the Office of Indigent Defense Services uses AOC-CR-625 to appoint two counsel to represent the defendant in post-conviction proceedings. See IDS Rules for Providing Legal Representation in Capital Cases, Part 2C, Rule 2C.2 (2001). Upon the defendants application requesting counsel, supported by the defendants affidavit and the inquiry made by the Court, the Court finds as follows: 1. The defendant is under a sentence of death. 2. The defendant is not financially able to provide the necessary expenses of legal representation and, therefore, is indigent and entitled to the services of counsel as contemplated by law. The Court appoints the Office of Indigent Defense Services to appoint post-conviction counsel. 3. The defendant is financially able to provide the necessary expenses of legal representation and, therefore, is not presently considered to be indigent. Date Name Of Judge (Type Or Print) Signature Of Judge AOC-CR-428, New 9/02 2002 Administrative Office of the Courts