Tenn. R. Sup. Ct., app F
IN THE ______ COURT FOR ______ COUNTY, TENNESSEE
AT ___________
___________ | ) | |
PETITIONER | ) | |
) | ||
VS. | ) | POST-CONVICTION NO._____________________ |
) | ||
STATE OF TENNESSEE | ) | |
PRELIMINARY ORDER | ||
(COLORABLE CLAIM) |
After examination of the (petition for post-conviction relief) or (motion to reopen) filed in this case, together with the files, records, transcripts and correspondence relating to the judgment under attack, this court finds as follows:
(1) Petitioner is indigent under the standards of Tenn. Code Ann. § 40-14-201. The court hereby appoints _________________ of the ___________ (County Bar) (_______ District Public Defender's Office) to represent the petitioner.
(2) The petition presents a colorable claim.
(3) Counsel is hereby ordered to review the petition, consult with petitioner, and investigate all possible constitutional grounds for relief for the purpose of filing an amended petition, if necessary. The amended petition shall be filed within thirty (30) days of the date of this order. In the event no amended petition will be filed, counsel shall file a notice stating that no amended petition will be filed. In any event, counsel shall file the certificate of counsel required in post-conviction cases.
(4) The District Attorney General is ordered to file an answer or other responsive pleading, together with any record or transcripts, material to the (petition) or (motion to reopen) within thirty (30) days of the filing of the amended petition or of the notice that no amended petition will be filed.
(5) The District Attorney General is ordered to provide discovery to petitioner in accordance with Rule 16, Tennessee Rules of Criminal Procedure, to the extent relevant to the grounds in the petition. The District Attorney General shall make all other disclosures required by the state and federal constitution.
(6) The District Attorney General shall file with the clerk the following items from the prior record:
______________________________________________________________
ENTERED this _____ day of ______, 20___.
_____________________
JUDGE
Tenn. R. Sup. Ct., app F