Public-domain · open source
OpenJurist

399 P.2d 629

Battle v. Page

Court of Criminal Appeals of Oklahoma · decided 1965-03-03

Cited by 1 later decisions — most recently July 1967

1 state decisions

Key passage — most relied on by later courts

““Petitions for habeas corpus should have attached certified copy of information or indictment, as case may be, together with verdict and judgment, and copy of minutes of court, and should further be supported by affidavits from officials or others with personal knowledge of facts surrounding plea of guilty.””

quoted by 1 later decision, including Lesley v. Page

Relies on Alberty v. Page

Good law ✅— No negative treatment on recordhow we know

Decided 1965-03-03

View the full empirical analysis of this case →

BUSSEY, Presiding Judge.

¶1This is an original proceeding instituted by Robert W. E. Battle seeking his release from confinement in the State Penitentiary at McAlester, Oklahoma, where according to his petition he is being currently confined under authority and by virtue of a judgment and sentence rendered against him in the District Court of Oklahoma County on the 5th day of February, 1964 fixing his punishment at five years imprisonment for the crime of Carrying a Concealed Weapon After Former Conviction of a Felony.

¶2This application, although verified, was not accompanied by certified copy of information or indictment under which petitioner was prosecuted, nor did it have attached thereto certified copy of the judgment and sentence or the minutes of the court, nor was it accompanied by affidavits of court officials or others with personal knowledge of the facts surrounding petitioner’s plea of guilty.

¶3To this application the respondents have filed a motion to dismiss asserting in said motion the application, unaccompanied by a certified copy of the judgment and sentence, minutes of the court or affidavits of the court officials or others with personal knowledge of the facts surrounding petitioner’s plea of guilty, is insufficient to invoke the jurisdiction of this court.

¶4We are of the opinion that the respondents motion to dismiss should be, and the same is hereby sustained for in order to invoke the jurisdiction of this court, petitions for habeas corpus should have attached certified copy of-information or indictment, as case may be, together with verdict and judgment, copy of the minutes of court, and should further be supported by affidavits, from officials or others with personal knowledge of facts surrounding plea of guilty. See Alberty v. Page, Okl.Cr., 391 P.2d 823.

¶5The motion to dismiss application for habeas corpus is sustained and application: for habeas corpus dismissed.

NIX and BRETT, JJ., concur.
/399/p2d/629 · .json · Public domain