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390 P.2d 921

Wright v. State

Court of Criminal Appeals of Oklahoma · decided 1964-04-01

Cited by 2 later decisions — most recently May 1966

2 state decisions

Key passage — most relied on by later courts

““Where petition for habeas corpus is filed, the burden is upon the petitioner to prove grounds upon which he relies for his release, and the unsupported statements of a petitioner do not meet the requirements of the proof.” Wright v. State, Okl.Cr., 390 P.2d 921 .”

quoted by 1 later decision, including Habeas Corpus of Acree v. Page

Relies on Application of Salisbury · Huggins v. Raines

Good law ✅— No negative treatment on recordhow we know

Decided 1964-04-01

View the full empirical analysis of this case →

NIX, Judge.

¶1This is an attempt by the petitioner, Al-vie Wright, to file a petition for a Writ of Habeas Corpus, seeking his release from the State Penitentiary at McAlester, Oklahoma.

¶2It will be unnecessary to set out the allegations in the petition, as it does not meet the requirements necessary to invoke jurisdiction on this Court. We have ncid' .repeatedly, as in the case of In re r Salisbury, Okl.Cr., 363 P.2d 380 :

“Where inmate of penitentiary wishes to challenge judgment and sentence pronounced against him, he should attach to his petition for writ of habeas corpus a certified copy of the information, and a certified copy of such judgment and sentence.”

¶3No such documents were filed in connection with this case.

¶4Where petition for habeas corpus-is filed, the burden is upon the petitioner to prove grounds upon which he relies for his release, and the unsupported statements of a petitioner do not meet the requirements of the proof. Huggins v. Raines, Okl.Cr., 372 P.2d 248.

¶5Accordingly, the petition for Writ of Habeas Corpus is Denied.

JOHNSON, P. J., and BUSSEY, J.r concur.
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