Nolan v. Henshaw

ORDER GRANTING WRIT OF PROHIBITION IN PART AND REMANDING FOR EVIDENTIARY HEARING

The petitioner has filed an application for this Court to assume original jurisdiction and prohibit the State of Oklahoma from prosecuting him in the District Court of Sequoyah County, Case No. CRF-83-8, for Burglary in the Second Degree. Petitioner argues that the State should be prohibited from proceeding further in said case because the charge has previously been dismissed in Case No. CRF-82-143, in accordance with an agreement entered into between the petitioner and the former district attorney that petitioner…