Dentis v. State of Oklahoma, 9190.
| Decision Date | 18 April 1967 |
| Docket Number | No. 9190.,9190. |
| Citation | 376 F.2d 590 |
| Parties | Audie A. DENTIS, Appellant, v. The STATE OF OKLAHOMA, and Ray Page, Warden, State Penitentiary, Appellee. |
| Court | U.S. Court of Appeals — Tenth Circuit |
John H. Williamson, Denver, Colo., for appellant.
Charles L. Owens, Asst. Atty. Gen. (G. T. Blankenship, Atty. Gen., on the brief), for appellee.
Before BREITENSTEIN and HILL, Circuit Judges, and BROWN, District Judge.
Appellant, an inmate of the Oklahoma State Penitentiary, appeals from an order denying a petition for a writ of habeas corpus. The writ was denied after an examination of the pleadings and exhibits before the court, without an evidentiary hearing.
In substance, the petitioner alleges a denial of the right of appeal because he was without the aid of counsel in all matters pertaining to the appeal.
Without question, Dentis did not file a notice of appeal from his state court judgment of conviction within the time fixed by state statute. He did subsequently request that he be furnished with a casemade at public expense. This was ignored and he then filed a petition for a writ of habeas corpus in the Oklahoma Court of Criminal Appeals, which petition was denied upon the ground that habeas corpus could not be used as a substitute for appeal. Dentis v. Page, Okl.Cr., 403 P.2d 911. Dentis thereafter filed a petition for a delayed appeal under 22 Okl.St.Ann. § 1073 in the same court which was denied because it did not allege facts constituting denial of a Constitutional right relating to appeal. Dentis v. State, Okl.Cr., 411 P.2d 250.
Clearly, appellant raised a Constitutional question in his petition filed in the trial court1 and no evidentiary hearing was had upon the issue. The denial was based on the record before the court, consisting of the petition, order to show cause and response with a copy of the Judgment and Sentence on Conviction filed in the state trial court attached thereto. In addition the trial judge gave consideration to the legal conclusions and factual findings of the Oklahoma Court of Criminal Appeals in the two cases cited above. In a habeas corpus case brought by a state prisoner in which a federal Constitutional question is raised, a prior adjudication of the law or facts by a state court is not to be accepted by the federal judge without first determining that there is factual and legal support for such adjudication.2
We do not believe that the trial judge adhered to this rule. It is true that he had a copy of the journal entry of judgment and sentence on...
To continue reading
Request your trial
-
Hart v. Eyman
...21 (6th Cir. 1969); Maes v. Patterson, 401 F.2d 200 (10th Cir. 1968); Thompson v. White, 391 F.2d 724 (5th Cir. 1968); Dentis v. Oklahoma, 376 F.2d 590 (10th Cir. 1967), cert. denied, 393 U.S. 927, 89 S.Ct. 261, 21 L.Ed.2d 263 (1968); Elesperman v. Wainwright, 358 F.2d 259 (5th Cir. 1966). ......
-
Bradshaw v. State of Oklahoma
...311 (CA10 1968); Taylor v. Page, 381 F.2d 717 (CA10 1967), cert. denied 389 U.S. 1023, 88 S.Ct. 598, 19 L.Ed.2d 670; Dentis v. State of Oklahoma, 376 F.2d 590 (CA10 1967); Hall v. Page, 367 F. 2d 352 (CA10 1966); Burns v. Crouse, 353 F.2d 489 (CA10 1965). The petitioner's general claim of "......
-
Hasty v. Crouse, Civ. No. L-389.
...770, 789 (1963). This ruling has been codified in 28 U.S.C. § 2254(d), (e) and (f), as amended in 1966. In Dentis v. Oklahoma, 376 F.2d 590, 591 (10th Cir. 1967) (per curiam) this Circuit held that prior adjudication of the law and facts in a state court proceeding is not to be accepted by ......
-
Gist v. State of Oklahoma
...(C.A.10 1968); Taylor v. Page, 381 F.2d 717 (C.A.10 1967), cert. denied 389 U.S. 1023, 88 S.Ct. 598, 19 L.Ed.2d 670; Dentis v. State of Oklahoma, 376 F.2d 590 (C.A.10 1967); Hall v. Page, 367 F.2d 352 (C.A.10 1966); Burns v. Crouse, 353 F.2d 489 (C.A.10 1965). However, in this case the fede......