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Date: 05-11-2010
Case Style:
State of Oklahoma v. Clyde Powell
Case Number: 2010 OK 40
Judge: James D. Goodpaster
Court: District Court, Craig County, Oklahopma
Plaintiff's Attorney: Craig County Oklahoma District Attorney's Office
Defendant's Attorney:
Description:
Vanita, Oklahoma criminal defense lawyer represented the defendant charged with murder but found not guilty by reason of insanity.
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Under the Constitution and statutes of Oklahoma, the Supreme Court, Court of Criminal Appeals, all other appellate courts and the District Courts have concurrent original jurisdiction to hear and determine habeas corpus. Art. 7, §§ 4,7, Oklahoma Constitution; 20 O.S. 2001,§ 41; 12 O.S. 2001, §§1333-1355. See also Rules 1.190 - 1.194 of the Oklahoma Supreme Court Rules, 12 O.S. Ch. 15, App. 1, "Original Jurisdiction Proceedings Before the Supreme Court."
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It is well-settled in Oklahoma that the order of the district court in a habeas corpus proceeding is not subject to review on appeal. Since the beginning of the last century, this Court and the Court of Criminal Appeals have held that no appeal can be taken from a decision in habeas corpus discharging a petitioner restrained of his liberty. Wisener v. Burrell, 1911 OK 128, 118 P. 999; Parsons v. Childers, 1990 OK CR 16, 789 P.2d 243; Garrett v. Kerner, 1911 OK CR 253, 115 P. 1027; "The Oklahoma Courts have not wavered from this position." Parsons, 789 P.2d at 244. Nor do appeals lie from orders in habeas corpus remanding a party to custody. Ex parte Kincade, 1944 OK 245, 151 P.2d 796; Ex Parte Logan, 1912 OK 29, 126 P. 800; Ex parte Johnson, 1908 OK CR 35, 98 P. 461; State v. Higgins, 1943 OK CR 50, 137 P.2d 273.
Outcome: Dismissed.
Plaintiff's Experts:
Defendant's Experts:
Comments: