Terry v. Gassett

While I agree with the majority’s construction of 21 O.S.1987 § 567, I would not assume original jurisdiction of this matter as it is not in proper posture for consideration on writ of prohibition.

Petitioner could have demanded a jury trial and upon the trial court’s refusal, he could then have sought extraordinary relief or writ of habeas corpus, but he did not. Instead he waived his jury trial. Now he is before us seeking to compel the trial court to give him the jury trial he waived. The awkward and inappropriate present posture of this matter for decision by prohibition is evidenced by…