Harmon v. English

Supreme Court of Oklahoma May 7, 2002

Harmon v. English, 49 P.3d 710 (Okla. 2002)

2002 OK 38; 73 O.B.A.J. 1521; 2002 Okla. LEXIS 40; 2002 WL 926276

Boudreau, Hargrave, Hodges, Kauger, Lavender, Opala, Summers, Watt, Winchester

Opinion of the Court

ORDER

Original jurisdiction is assumed. Let the writ of mandamus issue. The Court Clerk of Carter County is directed to file petitioner's petition, accompanied by a sworn affidavit that the prisoner is a pauper along with proof of his inmate's trust fund account, manifesting his poverty. The petition is to be file-stamped, showing the date that it was initially received because the prisoner was in compliance with 12 O.S8. § 922; 12 0.8. § 2003.1(C), and 28 0.8. § 152(E).

VOTE ON ASSUMPTION OF ORIGINAL JURISDICTION:

HODGES, LAVENDER, OPALA, KAUGER, SUMMERS, and BOUDREAU, JJ., Concur. HARGRAVE, C.J., WATT, V.C.J., and WINCHESTER, J., Dissent.

VOTE FOR PUBLICATION:

HODGES, LAVENDER, OPALA, KAUGER, SUMMERS, and BOUDREATU, JJ., Concur.

HARGRAVE, C.J., WATT, V.C.J., and WINCHESTER, J., Dissent.

Reference

Full Case Name: Billy Dean HARMON v. James I. ENGLISH, III
Status: Published