Harris v. State ex rel. Macy, 76254
| Court | Supreme Court of Oklahoma |
| Citation | 1992 OK 6,825 P.2d 1320 |
| Docket Number | No. 76254,76254 |
| Parties | Charles Curtis HARRIS, Petitioner, v. STATE of Oklahoma, ex rel., Robert H. MACY, District Attorney for the Seventh Prosecutorial District, Respondent. |
| Decision Date | 21 January 1992 |
Petitioner's petition for rehearing is granted. The record before this Court shows that the petitioner's motion to reopen in the District Court of Oklahoma County No. CJ-87-3308 was filed upon payment of the filing fees and set for hearing on April 13, 1990. The record shows that the motion was stricken due to the pro se prisoner's non-appearance at the hearing. A district court may not dismiss a case because of a prisoner's non-appearance at a hearing to adjudicate the matter. Johnson v. Scott, 702 P.2d 56 (Okl.1985). Similarly, a district court may not decline to hear and adjudicate a prisoner's civil suit due to the prisoner's non-appearance at a court hearing. Generally, a writ of mandamus may be used to compel an officer to exercise discretion when the officer has declined to act. In the Matter of B.C., 749 P.2d 542 (Okl.1988); State ex rel. Blackhawk v. District Court of Osage County, 190 Okl. 659, 126 P.2d 255, 257 (1942).
The Court hereby issues a writ of mandamus to the Honorable Thomas Smith, or the district judge currently assigned in No. CJ-87-3308, for the sole purpose of requiring the assigned judge to adjudicate the petitioner's motion to reopen filed in CJ-87-3308. The assigned judge shall, upon notice to the parties, exercise judicial discretion and determine the legal sufficiency of the petitioner's motion to reopen filed in No. CJ-87-3308. The merits or legal sufficiency of the motion to reopen is not before this Court in this original action, and the writ of mandamus issued herein does not determine that issue.
All Justices concur.
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Mehdipour v. State Dept. of Corrections
...732 [Inmates petition may be returned only if fails to comply with statutory requirements for certain information.]; Harris v. State ex rel. Macy, 1992 OK 6, 825 P.2d 1320 [Court may not dismiss inmate suit for failure to appear.]; Johnson v. Scott, see note 19, supra [Dismissal of small cl......
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Harmon v. Harmon
...court to present his claim or to make some type of alternative arrangement(s) for presentation of the claim. See also Harris v. State ex rel. Macy, 1992 OK 6, 825 P.2d 1320 (trial court may not decline to hear and adjudicate a prisoner's civil suit due to the inmate's non-appearance at a co......
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Hemphill v. Harbuck, 111,984.
...should have made some type of arrangement(s) for husband's participation in his divorce and child custody hearing. In Harris v. State ex rel. Macy, 1992 OK 6, 825 P.2d 1320 we held that a district court may not refuse to hear an inmate's civil suit for non-appearance at a court hearing. Rec......
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Hemphill v. Harbuck
...should have made some type of arrangement(s) for husband's participation in his divorce and child custody hearing. In Harris v. State ex rel. Macy, 1992 OK 6, 825 P.2d 1320 we held that a district court may not refuse to hear an inmate's civil suit for non-appearance at a court hearing. Rec......