Schad v. Turner

ELLETT, Justice:

This is an appeal from the denial of a writ of habeas corpus. The facts of this matter were set out in the decision of this court affirming appellant’s conviction. 1

In his petition for release on a writ of habeas corpus, the appellant complains of the same matters which he raised in the former appeal. Those matters which were determined on that appeal, cannot again be litigated on a petition for release on habeas corpus. This court stated in Bryant v. Turner: 2

This proceeding is an attempt to do that which should not be done nor countenanced in our procedure: to turn ha-beas…