Van Woudenberg v. State

LUMPKIN, Judge,

concur in results.

I concur in the decision to deny post-conviction relief in this case. However, I write separately to address the following.

Initially, this application should be reviewed under the pre-1995 amendments to *229the post-conviction statute. Further, this is a third post-conviction application, therefore we apply 22 O.S.1991, § 1086. Under Section 1086, the principles of res judicata and waiver apply respectively to issues adjudicated in prior post-conviction applications and those issues which could have been raised but were not. See Hale v. State, 934 P.2d 1100,…