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493 P.2d 461

Harrell v. State

Court of Criminal Appeals of Oklahoma

Decided January 19, 1972

Court of Criminal Appeals of Oklahoma · decided 1972-01-19

Relies on 47 Ill. 2d 211 - The People v. Ikerd · 48 Ill. 2d 117 - The PEOPLE v. Ward · Orricer v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1972-01-19

How this case has been cited

Cited by 7 later decisions — most recently September 1999

6 state decisions

30197219801990decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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BRETT, J., concurs in result.

¶1APPENDIX

¶2

¶3

¶4*462ORDER DENYING POST-CONVICTION RELIEF

¶5This matter comes on for hearing on the application of Roy M. Harrell for Post-Conviction Relief and the response filed by the State.

¶6The court having read said application and response and having examined the files and records in this case, and being fully informed in the premises, and on consideration thereof,

¶7Finds:

¶81. The defendant was represented by appointed counsel at all stages of the proceedings.

¶92. This matter involves a question of law only and does not require an eviden-tiary hearing or the appointment of counsel.

¶103. The defendant perfected an appeal from the judgment and sentence to the Court of Criminal Appeals, which court by written opinion affirmed his conviction (A-1S862).

¶11The court further finds that the defendant’s application for Post-Conviction Relief raises no question which could not have been raised on the direct appeal and does not raise any matter which would make the judgment of conviction void or voidable under the State or Federal Constitutions. See: State v. Huffman, 186 Neb. 809, 186 N.W.2d 715 (1971); State v. Lincoln, 186 Neb. 783, 186 N.W.2d 490 (1971); People v. Ward, 48 Ill.2d 117, 268 N.E.2d 692 (1971); Wood v. State 206 Kan. 540, 479 P.2d 889 (1971); Powell v. State, 244 So.2d 746 (Fla.App.1971); Orricer v. State, 181 N.W.2d 461 (S.D.1970).

¶12The court further finds that the rule of res judicata barred the claims which the defendant either had raised or could have but failed to raise during his trial or on his appeal. See: People v. Ikerd, 47 Ill.2d 211, 265 N.E.2d 120 (1970); Cantrell v. State, 206 Kan. 323, 478 P.2d 192 (1970); Miller v. State, 82 N.M. 68, 475 P.2d 462 (1970).

¶13It is therefore ordered and adjudged that post-conviction relief be denied and that the application of Roy M. Harrell be, and the same hereby is dismissed.

¶14Done in open court this 22nd day of September, 1971.

¶15(s) Wm. W. Means

W. W. MEANS, District Judge

¶16CERTIFICATE OF MAILING

¶17I hereby certify that on the date as shown by the filing stamp hereon, I mailed a true and correct copy of the above instrument to:

¶18Roy M. Harrell No. 79940 Box 97

¶19McAlester, Oklahoma 74501

¶20(s) Ted Flanagan

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