Castleberry v. State, PC-76-850
Decision Date | 08 February 1979 |
Docket Number | No. PC-76-850,PC-76-850 |
Citation | 590 P.2d 697 |
Parties | Kenneth Ray CASTLEBERRY, Appellant, v. The STATE of Oklahoma, Appellee. |
Court | United States State Court of Criminal Appeals of Oklahoma. Court of Criminal Appeals of Oklahoma |
Kenneth Ray Castleberry, appellant, was convicted of the crime of Murder in three separate cases, consolidated for trial; was sentenced to three (3) concurrent life terms, with judgment and sentence affirmed on direct appeal. The appellant then sought relief under the Post-Conviction Procedure Act. Post-Conviction relief was denied and the appellant appeals. The order denying post-conviction relief is AFFIRMED, and the appellant has exhausted all state remedies.
Paul D. Brunton, Tulsa, for appellant.
Larry Derryberry, Atty. Gen., Michael P. Kane, Asst. Atty. Gen., for appellee.
The appellant, Kenneth Ray Castleberry, hereinafter referred to as defendant, was charged in the District Court, Tulsa County, with the crime of Murder in cases numbered CRF-72-359, CRF-72-360 and CRF-72-361. All cases were consolidated and tried before a jury, and on March 22, 1973, the jury returned a verdict of guilty as charged and punishment was assessed at three (3) concurrent life sentences. From said judgment and sentence the defendant has perfected a timely appeal to this Court. The conviction was affirmed on April 18, 1974, and Petition for Rehearing was denied. The defendant subsequently appealed to the United States Supreme Court, which denied certiorari. Castleberry v. Oklahoma, 419 U.S. 1079, 95 S.Ct. 667, 42 L.Ed.2d 673 (1974). The defendant filed a Petition for Writ of Habeas Corpus pursuant to 28 U.S.C., § 2254, in the United States District Court for the Northern District of Oklahoma. Said petition was ultimately dismissed for want of exhaustion of state remedies, and on the 23rd day of June, 1976, the defendant filed his Application for Post-Conviction Relief before the Honorable Jay Dalton, District Judge for Tulsa County, seeking relief under the Post-Conviction Procedure Act. On October 18, 1976, the trial court made certain findings of fact and conclusions of law and denied post-conviction relief. The defendant appeals. For purposes of brevity, reference should be made to Castleberry v. State, Okl.Cr., 522 P.2d 257 (1974), for a review of the facts adduced at trial.
The defendant's first assignment of error essentially contends that the trial court, after the evidentiary hearing on the defendant's application for post-conviction relief, erred in its findings of fact and conclusions of law concerning the prosecution's failure to produce evidence favorable to him after a proper request. More specifically, the defendant contends that the trial court misapplied the constitutional mandate of Brady v. Maryland, 373 U.S. 83, 83 S.Ct. 1194, 10 L.Ed.2d 215 (1963), when the trial court made the following findings of fact and conclusions of law, to-wit:
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