Andrews v. Love

Court of Criminal Appeals of Oklahoma

Andrews v. Love

1988 OK CR 247, 763 P.2d 714, 1988 Okla. Crim. App. LEXIS 262, 1988 WL 117700

CourtCourt of Criminal Appeals of Oklahoma

DecidedOctober 27, 1988

DocketP-88-879

StatusPublished

Cited by1 cases

This text of 1988 OK CR 247 (Andrews v. Love) is published on Counsel Stack Legal Research, covering Court of Criminal Appeals of Oklahoma primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Andrews v. Love, 1988 OK CR 247, 763 P.2d 714, 1988 Okla. Crim. App. LEXIS 262, 1988 WL 117700 (Okla. Ct. App. 1988).

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Opinions

BRETT, Presiding Judge.

On October 20,1988, the above petitioner filed his pefe ion in this Court seeking issuance of the writ of prohibition against the Honorable Respondent to prohibit the enforcement of a certain order to remove a bullet from petitioner. The order was issued in McClain County District Court Case No. CRF-88-56. The application and petition were set for oral argument to be had in this Court at 10:00 a.m. on October 26. This Court assumed jurisdiction. The Court had before it the record of the preliminary examination, and a transcript of the adversary hearing held by the district court on August 24, 1988, after which the district court order was entered on September 8, 1988, granting the State’s Motion for surgical removal of a bullet from petitioner.

[715]*715NOW THEREFORE, after considering the application and petition filed herein along with the briefs submitted by both sides, the transcript of the preliminary examination and the transcript of the adversary hearing, and after weighing the factors outlined in United States v. Crowder, 543 F.2d 312 (D.C.Cir.1977), and Winston v. Lee, 470 U.S. 753, 105 S.Ct. 1611, 84 L.Ed.2d 662 (1985), and being sufficiently advised in the premises, this Court finds that the writ of prohibition should not issue.

IT IS THEREFORE THE ORDER OF THIS Court, that the writ shall not be granted, and the State may, within the guidelines set forth in the McClain County District Court Order of September 8, 1988, pursue the surgical removal of the bullet from petitioner. In accordance with the provisions of said order, additional x-rays shall be taken, and in the event the surgeon finds that the bullet has moved significantly from its previous location, or that such surgery will impose a significant risk to the health of the petitioner, then the said surgery shall be delayed until the matter can be re-presented to the McClain County District Court at a proper hearing.

IT IS THE FURTHER ORDER OF THIS COURT, that further proceedings in McClain County Case No. CRF-88-56, shall be STAYED in order to permit petitioner to present this matter for consideration in the Federal Courts.

BUSSEY, J., specially concurs. PARKS, J., dissents.

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BRETT, Presiding Judge.

On October 20,1988, the above petitioner filed his pefe ion in this Court seeking issuance of the writ of prohibition against the Honorable Respondent to prohibit the enforcement of a certain order to remove a bullet from petitioner. The order was issued in McClain County District Court Case No. CRF-88-56. The application and petition were set for oral argument to be had in this Court at 10:00 a.m. on October 26. This Court assumed jurisdiction. The Court had before it the record of the preliminary examination, and a transcript of the adversary hearing held by the district court on August 24, 1988, after which the district court order was entered on September 8, 1988, granting the State’s Motion for surgical removal of a bullet from petitioner.

[715]*715NOW THEREFORE, after considering the application and petition filed herein along with the briefs submitted by both sides, the transcript of the preliminary examination and the transcript of the adversary hearing, and after weighing the factors outlined in United States v. Crowder, 543 F.2d 312 (D.C.Cir.1977), and Winston v. Lee, 470 U.S. 753, 105 S.Ct. 1611, 84 L.Ed.2d 662 (1985), and being sufficiently advised in the premises, this Court finds that the writ of prohibition should not issue.

IT IS THEREFORE THE ORDER OF THIS Court, that the writ shall not be granted, and the State may, within the guidelines set forth in the McClain County District Court Order of September 8, 1988, pursue the surgical removal of the bullet from petitioner. In accordance with the provisions of said order, additional x-rays shall be taken, and in the event the surgeon finds that the bullet has moved significantly from its previous location, or that such surgery will impose a significant risk to the health of the petitioner, then the said surgery shall be delayed until the matter can be re-presented to the McClain County District Court at a proper hearing.

IT IS THE FURTHER ORDER OF THIS COURT, that further proceedings in McClain County Case No. CRF-88-56, shall be STAYED in order to permit petitioner to present this matter for consideration in the Federal Courts.

BUSSEY, J., specially concurs. PARKS, J., dissents.

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Bluebook (online)

1988 OK CR 247, 763 P.2d 714, 1988 Okla. Crim. App. LEXIS 262, 1988 WL 117700, Counsel Stack Legal Research, https://law.counselstack.com/opinion/andrews-v-love-oklacrimapp-1988.

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