Ray H. Page, Warden and the State of Oklahoma v. Willis A. Zeugin
This text of 384 F.2d 712 (Ray H. Page, Warden and the State of Oklahoma v. Willis A. Zeugin) is published on Counsel Stack Legal Research, covering Court of Appeals for the Tenth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
After a full evidentiary hearing the District Court for the Northern District of Oklahoma denied the petition of Zeugin, a state prisoner, for a writ of habeas corpus. The decree of the court, however, contained further provisions and orders that the state district court should appoint an attorney for Zeugin, allow him to appeal his judgment of conviction in forma pauperis, furnish a transcript in aid thereof, and also ordered the Oklahoma Court of Criminal Appeals to entertain such appeal out of time. This appeal is taken by state authorities.
The court below exhausted its jurisdiction upon denial of Zeugin’s petition for a writ of habeas corpus. It had no further power. Fay v. Noia, 372 U.S. 391, 83 S.Ct. 822, 9 L.Ed.2d 837.
The ease is remanded with directions to vacate the affirmative provisions of its order.
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384 F.2d 712, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ray-h-page-warden-and-the-state-of-oklahoma-v-willis-a-zeugin-ca10-1967.