Gourley v. Raines
| Decision Date | 02 May 1962 |
| Docket Number | No. A-13150,A-13150 |
| Citation | 371 P.2d 520 |
| Parties | Kenneth GOURLEY, Petitioner, v. R. R. RAINES, Warden, Respondent. |
| Court | United States State Court of Criminal Appeals of Oklahoma. Court of Criminal Appeals of Oklahoma |
Syllabus by the Court
1. There is a presumption in favor of the regularity of proceedings before the trial court, and the burden is on one who attacks such proceedings to show there was irregularity sufficient in nature to deprive the Court of jurisdiction to render the particular judgment.
2. Where a disputed question arises as to what occurred on arraignment or trial of one accused of crime, the Court of Criminal Appeals will give great weight to the recitation in the minutes of the Court proceeding as to what occurred.
3. A person prosecuted for a crime may waive his constitutional right to representation by counsel.
Original proceedings in which Kenneth Gourley seeks his discharge from confinement in the State Penitentiary by Writ of Habeas Corpus. Writ denied.
Kenneth Gourley, pro se.
Mac Q. Williamson, Atty. Gen., Lewis A. Wallace, Asst. Atty. Gen., for respondent.
This is a petition for writ of habeas corpus by Kenneth Gourley, petitioner, an inmate of the State Penitentiary at McAlester, Oklahoma, by which said petitioner seeks to secure his release from confinement in the State Penitentiary where he is presently confined by virtue of a judgment and sentence rendered against him in the District Court of Okmulgee County, Oklahoma, on August 20, 1958.
The record reveals that petitioner was charged with the felony of robbery with firearms and that when the case was called for trial on said date in the District Court of Okmulgee County the information was read to the defendant, and a copy of the same was served on the defendant. The record further discloses that the defendant was advised of his constitutional rights, that he waived appearance of counsel and further time in which to plead and entered a plea of 'guilty', whereupon the District Court of Okmulgee County made and entered its sentence of fifteen years in the State Penitentiary.
The petitioner now seeks his release from imprisonment on the ground that he was denied right of representation by counsel and that the said District Court lost jurisdiction to assess the judgment and sentence entered in the cause.
In his second contention of error, petitioner alleged that he was denied the representation of an attorney and that the court failed to advise him of his rights to court appointed counsel.
The record shows that the petitioner waived in open court his right to counsel, after being advised of his constitutional rights by the court, and entered a plea of guilty.
In Ex parte Sherrill, Okl.Cr., 285 P.2d 469, this court stated the rule...
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Goodwin v. Page
...burden to show there was sufficient irregularity to deprive the court of jurisdiction to render judgment and sentence. See: Gourley v. Raines, Okl.Cr., 371 P.2d 520, and Application of Russell, Okl.Cr., 354 P.2d Petitioner has not sustained his burden to show by clear and convincing proof t......
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Parra v. Page
...This Court has often held that where such a conflict exists, the minutes of the court will be given great weight. See, Gourley v. Raines, okl.Cr., 371 P.2d 520; also, Cottrell v. McLeod, Okl.Cr., 342 P.2d 240; also, In re Brown, Okl.Cr., 305 P.2d The minutes, as heretofore cited, reflect th......
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Butler v. Page
...burden to show there was sufficient irregularity to deprive the court of jurisdiction to render judgment and sentence. See: Gourley v. Raines, Okl.Cr., 371 P.2d 520, and Application of Russell, Okl.Cr., 354 P.2d In the instant case, we are of the opinion that petitioner has not sustained th......