Foster v. Warden of Wyoming State Penitentiary, 4057
| Decision Date | 03 November 1971 |
| Docket Number | No. 4057,4057 |
| Citation | 489 P.2d 1166 |
| Parties | Charles Lee FOSTER, an inmate at the Wyoming State Penitentiary, Petitioner, v. The WARDEN OF the WYOMING STATE PENITENTIARY, Respondent. |
| Court | Wyoming Supreme Court |
Charles Lee Foster, pro se.
The petitioner has filed what he terms a petition for a writ of habeas corpus and an appeal from the action of the Carbon County District Court in disallowing his application for habeas corpus to that court.
It is the settled rule in this jurisdiction that there is no appeal from the disallowance of a writ of habeas corpus by a district court. The proper remedy is an application for such a writ to this court. We therefore treat and consider petitioner's petition as an original proceeding in this court.
The writ of habeas corpus can be allowed only when it is shown that the person on whose behalf it is sought is restrained of his liberty; and that the restraint is illegal. 1
Petitioner describes himself in the caption to his petition as an inmate at the Wyoming State Penitentiary. However, there are no allegations to the effect that he was committed to the penitentiary unlawfully or that he is being there confined in any unlawful manner. There is no showing or suggestion of a violation of constitutional rights in connection with the petitioner's conviction. There is no showing that post-conviction remedies have been pursued. In short, there is no showing of any grounds for habeas corpus.
What the petition amounts to is that an inmate at the penitentiary asks us to appoint an attorney for him at public expense, with the idea that his court-appointed attorney can enter into a research to see if some reason can be found for saying the petitioner should not be confined. There is no requirement in the law for such a thing to be done, and if we were to do it for this prisoner, we would have to do it for all other inmates. He has already been furnished a court-appointed attorney in the district court habeas corpus proceedings and was furnished transcripts at public expense.
The petition contains complaints about proceedings in the hearing afforded petitioner, in connection with his district court application for habeas corpus. For example, he says he appeared in prison clothes. The hearing was not a trial before a jury pertaining to the guilt or innocence of the inmate and the district court judge who held the hearing was well aware of the petitioner's status as an inmate of the penitentiary.
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State ex rel. Hopkinson v. District Court, Teton County
...of the writ. State ex rel. Klopotek v. District Court of Sheridan County, Wyo., 621 P.2d 223 (1980); Foster v. Warden of Wyoming State Penitentiary, Wyo., 489 P.2d 1166 (1971); Ex parte Brugneaux, 51 Wyo. 103, 63 P.2d 800 (1937); Miskimins v. Shaver, Appellant agrees that he could have file......
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Barela v. State
...habeas corpus by a district court. The proper remedy is an application for such a writ to this court.” Foster v. Warden of Wyoming State Penitentiary , 489 P.2d 1166, 1166 (Wyo.1971). To the extent Appellant seeks to challenge the denial of his post-sentence motion to withdraw guilty plea, ......
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Weldon v. Wyo. Dept. of Corr. State Pen. Warden
...shall be allowed if the petition shows a sufficient ground for relief. WYO. STAT. § 1-27-105(a) (1988); Foster v. Warden of Wyoming State Penitentiary, 489 P.2d 1166, 1167 (Wyo.1971) (a court or judge may refuse to allow the writ when from the showing of a petition the plaintiff would not b......