Handley v. Warden

Court of Criminal Appeals of Oklahoma

Handley v. Warden

1967 OK CR 46, 425 P.2d 615, 1967 Okla. Crim. App. LEXIS 324

CourtCourt of Criminal Appeals of Oklahoma

DecidedMarch 29, 1967

DocketNo. A-14246

StatusPublished

This text of 1967 OK CR 46 (Handley v. Warden) 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

Handley v. Warden, 1967 OK CR 46, 425 P.2d 615, 1967 Okla. Crim. App. LEXIS 324 (Okla. Ct. App. 1967).

Pincite

Opinion

MEMORANDUM OPINION

NIX, Presiding Judge:

This is an original proceeding filed by the petitioner seeking to challenge the judgment and sentence in Oklahoma County Case #31370 and #31239. An appeal in case #31370 is still pending in this Court, and we have held repeatedly:

“Where an appeal from the judgment and sentence under which petitioner is serving is pending in the Court of Criminal Appeals, the Court will refuse to entertain an application for writ of habeas corpus.”

See, Kessinger v. Page, Okl.Cr., 407 P.2d 1005.

It is, therefore, the order of this Court that the petition for writ of habeas corpus is hereby dismissed.

BUSSEY and BRETT, JJ., concur.

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