Johns v. Hess

Court of Criminal Appeals of Oklahoma

Johns v. Hess

1976 OK CR 43, 546 P.2d 652, 1976 Okla. Crim. App. LEXIS 694

CourtCourt of Criminal Appeals of Oklahoma

DecidedFebruary 12, 1976

DocketNo. H-76-74

StatusPublished

Cited by5 cases

This text of 1976 OK CR 43 (Johns v. Hess) 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

Johns v. Hess, 1976 OK CR 43, 546 P.2d 652, 1976 Okla. Crim. App. LEXIS 694 (Okla. Ct. App. 1976).

Pincite

Opinion

[653]*653ORDER DISMISSING PETITION

This is an original proceeding in which Lester L. Johns, an inmate of the State penitentiary at McAlester, seeks an order of this Court directing respondents to inform petitioner of the reasons they failed to recommend him for parole, or, in the alternative, directing his immediate release on parole.

The Court of Criminal Appeals is a court of special jurisdiction limited in exercise of its powers exclusively to criminal cases. Except where the law specifically provides that such court has original jurisdiction, all exercise of power must be by virtue of its appellate jurisdiction. A writ of mandamus can issue from this Court only in exercise of or in aid of its appellate authority. See, 20 O.S.1971, §§ 40 and 41; Hurst v. Pitman, 90 Okl.Cr. 329, 213 P.2d 877; Ex parte McCollum, 90 Okl.Cr. 153, 212 P.2d 161. An order directed to a State Board or an officer is the exercise of original jurisdiction. State v. Cole, 4 Okl.Cr. 25, 109 P. 736.

For the above reasons this petition fails to invoke the jurisdiction of this Court and is hereby dismissed.

So ordered.

TOM BRETT, P. J.

HEZ J. BUSSEY, J.

C. F. BLISS, JR., J.

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[653]*653ORDER DISMISSING PETITION

This is an original proceeding in which Lester L. Johns, an inmate of the State penitentiary at McAlester, seeks an order of this Court directing respondents to inform petitioner of the reasons they failed to recommend him for parole, or, in the alternative, directing his immediate release on parole.

The Court of Criminal Appeals is a court of special jurisdiction limited in exercise of its powers exclusively to criminal cases. Except where the law specifically provides that such court has original jurisdiction, all exercise of power must be by virtue of its appellate jurisdiction. A writ of mandamus can issue from this Court only in exercise of or in aid of its appellate authority. See, 20 O.S.1971, §§ 40 and 41; Hurst v. Pitman, 90 Okl.Cr. 329, 213 P.2d 877; Ex parte McCollum, 90 Okl.Cr. 153, 212 P.2d 161. An order directed to a State Board or an officer is the exercise of original jurisdiction. State v. Cole, 4 Okl.Cr. 25, 109 P. 736.

For the above reasons this petition fails to invoke the jurisdiction of this Court and is hereby dismissed.

So ordered.

TOM BRETT, P. J.

HEZ J. BUSSEY, J.

C. F. BLISS, JR., J.

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Bluebook (online)

1976 OK CR 43, 546 P.2d 652, 1976 Okla. Crim. App. LEXIS 694, Counsel Stack Legal Research, https://law.counselstack.com/opinion/johns-v-hess-oklacrimapp-1976.

Opinion

C. F. BLISS, JR., J.

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