Wellnitz v. District Court of Oklahoma County

Court of Criminal Appeals of Oklahoma

Wellnitz v. District Court of Oklahoma County

1968 OK CR 93, 441 P.2d 481, 1968 Okla. Crim. App. LEXIS 329

CourtCourt of Criminal Appeals of Oklahoma

DecidedMay 22, 1968

DocketNo. A-14596

StatusPublished

This text of 1968 OK CR 93 (Wellnitz v. District Court of Oklahoma County) 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.

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Wellnitz v. District Court of Oklahoma County, 1968 OK CR 93, 441 P.2d 481, 1968 Okla. Crim. App. LEXIS 329 (Okla. Ct. App. 1968).

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Opinion

MEMORANDUM OPINION and ORDER OF DISMISSAL

BUSSEY, Judge:

Fred J. Wellnitz, petitioner above named, has filed an application for an order of this Court directing the District Court of Oklahoma County to enter an order ruling on the merits of said petitioner’s application for Writ of Error Coram Nobis. Petitioner does not set forth in his application for mandamus any allegations, which, if true, are sufficient to grant issuance of the Writ of Error Coram Nobis. Under these circumstances we are of the opinion that the petitioner has wholly failed to set forth allegations sufficient to grant the relief prayed for.

Petitioner having filed a letter with this Court wherein he concedes that he has failed to state facts sufficient to grant the relief prayed for and is requesting the withdrawal of the Petition, it is accordingly granted.

The Writ of Mandamus is accordingly denied, and the Petition is dismissed.

Original Proceeding in which Fred J. Wellnitz seeks a Writ of Mandamus. Writ denied and petition dismissed.

NIX, P. J., and BRETT, J., concur.

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MEMORANDUM OPINION and ORDER OF DISMISSAL

BUSSEY, Judge:

Fred J. Wellnitz, petitioner above named, has filed an application for an order of this Court directing the District Court of Oklahoma County to enter an order ruling on the merits of said petitioner’s application for Writ of Error Coram Nobis. Petitioner does not set forth in his application for mandamus any allegations, which, if true, are sufficient to grant issuance of the Writ of Error Coram Nobis. Under these circumstances we are of the opinion that the petitioner has wholly failed to set forth allegations sufficient to grant the relief prayed for.

Petitioner having filed a letter with this Court wherein he concedes that he has failed to state facts sufficient to grant the relief prayed for and is requesting the withdrawal of the Petition, it is accordingly granted.

The Writ of Mandamus is accordingly denied, and the Petition is dismissed.

Original Proceeding in which Fred J. Wellnitz seeks a Writ of Mandamus. Writ denied and petition dismissed.

NIX, P. J., and BRETT, J., concur.

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Bluebook (online)

1968 OK CR 93, 441 P.2d 481, 1968 Okla. Crim. App. LEXIS 329, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wellnitz-v-district-court-of-oklahoma-county-oklacrimapp-1968.