Legal Opinion

Shelton v. State

Court of Criminal Appeals of Oklahoma

Decided April 10, 1963No. A-13338PublishedCited by 12 opinions

1Opinion of the Court

NIX, Judge.

This is an original proceeding for a Writ of Habeas Corpus filed by the petitioner, Thomas Lee Shelton, who was convicted in the District Court of Noble County, Oklahoma for the crime of Manslaughter and was sentenced to 99 years in the Oklahoma State Penitentiary.

Petitioner contends that he was forced to trial with an attorney who lacked in sympathy and interest because of prejudice. This is not a question to be raised on Habeas Corpus and this Court held in the case of Harvey v. Raines, 368 P.2d 258:

“Writ of habeas corpus cannot be invoked for the purpose of reviewing the action…

2Cases cited4 opinions

  1. Application of SalisburyCourt of Criminal Appeals of Oklahoma · 1961
  2. Lavender v. McLeodCourt of Criminal Appeals of Oklahoma · 1958
  3. Harvey v. RainesCourt of Criminal Appeals of Oklahoma · 1962
  4. Application of HoodCourt of Criminal Appeals of Oklahoma · 1962

3Cited by12 opinions

  1. Goodwin v. PageCourt of Criminal Appeals of Oklahoma · 1968
  2. Mahler v. StateCourt of Criminal Appeals of Oklahoma · 1989
  3. Dentis v. PageCourt of Criminal Appeals of Oklahoma · 1965
  4. Barnett v. StateCourt of Criminal Appeals of Oklahoma · 1968
  5. Stewart v. StateCourt of Criminal Appeals of Oklahoma · 1999

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