KNOX v. OKLAHOMA COURT OF CRIMINAL APPEALS

¶0 ORDER DENYING WRIT OF HA-BEAS CORPUS

¶ 1 The Court notes Petitioner’s petition for rehearing. The Court grants rehearing and vacates its order on October 24, 2016, which dismissed this proceeding.

¶ 2 The effect of a motion or pleading is determined by its substance and not the title affixed by the party. State ex rel. Dept. of Transportation v. Cole, 2009 OK 40, ¶ 13, 236 P.3d 49, 52; State ex rel. Wright v. Oklahoma Corp. Comm., 2007 OK 73, ¶ 50, 170 P.3d 1024, 1039. Petitioner’s motion for wiits of mandamus and prohibition requests vacation of his criminal judgment and sentence, and the…