Ray H. Page, Warden and the State of Oklahoma v. Willis A. Zeugin

U.S. Court of Appeals for the Tenth Circuit
Ray H. Page, Warden and the State of Oklahoma v. Willis A. Zeugin, 384 F.2d 712 (10th Cir. 1967)

Ray H. Page, Warden and the State of Oklahoma v. Willis A. Zeugin

Opinion

PER CURIAM.

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.

Reference

Full Case Name
Ray H. PAGE, Warden and the State of Oklahoma, Appellant, v. Willis A. ZEUGIN, Appellee
Status
Published