Robert Lister v. H. C. McLeod Warden, Oklahoma State Penitentiary

Petitioner, Robert Lister, is now confined in the Oklahoma State Penitentiary and is serving a life sentence for murder. After exhausting his remedies in the state court, 1 this habeas corpus proceeding was brought to secure his release, upon the ground that he did not have a constitutional trial in the state court. After a hearing, the United States District Court for the Eastern District of Oklahoma denied relief and this appeal was taken.

The petition alleged that the prosecuting authorities knowingly used perjured testimony to procure petitioner’s conviction. It has been held that a…