Opinion
No. A-17212.
January 19, 1972.
Appeal from the District Court, Tulsa County, W.W. Means, J.
Appeal in which Roy M. Harrell seeks Post Conviction Relief. Order Denying Post Conviction Relief affirmed.
Roy M. Harrell, pro se.
Larry Derryberry, Atty. Gen., for respondent.
This is an appeal from the denial of post conviction relief in the District Court of Tulsa County, Case No. CRF-69-246, wherein the trial court, after reviewing the records, made findings of fact and conclusions of law, which findings of fact and conclusions of law are supported by the record and adopted by this Court and appended hereto.
For the reasons therein stated, the trial court's denial of post conviction relief is affirmed, and Petitioner is advised that he has now exhausted all of his state remedies.
SIMMS, J., concurs.
BRETT, J., concurs in result. 186 Neb. 809 186 N.W.2d 715 186 Neb. 783 186 N.W.2d 490 48 Ill.2d 117 268 N.E.2d 692 206 Kan. 540 479 P.2d 889 244 So.2d 746 181 N.W.2d 461 47 Ill.2d 211 265 N.E.2d 120 206 Kan. 323 478 P.2d 192 82 N.M. 68 475 P.2d 462 Wm. W. Means Ted Flanagan
APPENDIX IN THE DISTRICT COURT IN AND FOR TULSA COUNTY STATE OF OKLAHOMA State of Oklahoma, | Plaintiff, | | -vs- No. CRF-69-246 | Roy M. Harrell, | Defendant. | | ORDER DENYING POST-CONVICTION RELIEF This matter comes on for hearing on the application of Roy M. Harrell for Post-Conviction Relief and the response filed by the State. The Court having read said application and response and having examined the files and records in this case, and being fully informed in the premises, and on consideration thereof, Finds: 1. The defendant was represented by appointed counsel at all stages of the proceedings. 2. This matter involves a question of law only and does not require an evidentiary hearing or the appointment of counsel. 3. The defendant perfected an appeal from the judgment and sentence to the Court of Criminal Appeals, which court by written opinion affirmed his conviction (A-15862). The court further finds that the defendant's application for Post-Conviction Relief raises no question which could not have been raised on the direct appeal and does not raise any matter which would make the judgment of conviction void or voidable under the State or Federal Constitutions. See: State v. Huffman, , (1971); State v. Lincoln, , (1971); People v. Ward, , (1971); Wood v. State , (1971); Powell v. State, (Fla.App. 1971); Orricer v. State, (S.D. 1970). The court further finds that the rule of res judicata barred the claims which the defendant either had raised or could have but failed to raise during his trial or on his appeal. See: People v. Ikerd, , (1970); Cantrell v. State, , (1970); Miller v. State, , (1970). It is therefore ordered and adjudged that post-conviction relief be denied and that the application of Roy M. Harrell be, and the same hereby is dismissed. Done in open court this 22nd day of September, 1971. (s) W.W. MEANS, District Judge CERTIFICATE OF MAILING I hereby certify that on the date as shown by the filing stamp hereon, I mailed a true and correct copy of the above instrument to: Roy M. Harrell No. 79940 Box 97 McAlester, Oklahoma 74501 (s)