Johns v. Hess, No. H--76--74

CourtUnited States State Court of Criminal Appeals of Oklahoma. Court of Criminal Appeals of Oklahoma
Writing for the CourtHEZ J. BUSSEY; C. F. BLISS, JR.
Citation546 P.2d 652
PartiesLester L. JOHNS, Petitioner, v. Norman HESS, Supervisor of Classification, et al., Respondents.
Decision Date12 February 1976
Docket NumberNo. H--76--74

Page 652

546 P.2d 652
Lester L. JOHNS, Petitioner,
v.
Norman HESS, Supervisor of Classification, et al., Respondents.
No. H--76--74.
Court of Criminal Appeals of Oklahoma.
Feb. 12, 1976.

ORDER DISMISSING PETITION

This is an original proceeding in which Lester L. Johns, an inmate of the State penitentiary at McAlester, seeks an order of this Court directing respondents to inform petitioner of the reasons they failed to recommend him for parole, or, in the alternative, directing his immediate release on parole.

The Court of Criminal Appeals is a court of special jurisdiction limited in exercise of its powers exclusively to criminal cases. Except where the law specifically provides that such court has original jurisdiction, all exercise of power must be by virtue of its appellate jurisdiction. A writ of mandamus can issue from this Court only in exercise of or in aid of its appellate authority. See, §§ 20 O.S. 1971 40 [20-40] and 41; Hurst v. Pitman, 90 Okl.Cr. 329, 213 P.2d 877; Ex parte McCollum, 90 Okl.Cr. 153, 212 P.2d 161. An order directed to a State Board or an officer is the exercise of original jurisdiction. State v. Cole, 4 Okl.Cr. 25, 109 P. 736.

For the above reasons this petition fails to invoke the jurisdiction of this Court and is hereby dismissed.

So ordered.

TOM BRETT, P.J.

HEZ J. BUSSEY, J.

C. F. BLISS, JR., J.

To continue reading

Request your trial
3 practice notes
  • Burks v. State, Nos. F-77-50
    • United States
    • United States State Court of Criminal Appeals of Oklahoma. Court of Criminal Appeals of Oklahoma
    • January 23, 1979
    ...at trials in this state. The State cites Jerry v. Pardon and Parole Board, Okl.Cr., 546 P.2d 650 (1976), and Johns v. Hess, Okl.Cr., 546 P.2d 652 (1976), both of which are clearly distinguishable because they deal with noncriminal subject matter. On the contrary, in Burks we have exercised ......
  • Oklahoma Pub. Co. v. Martin, No. 0-80-268
    • United States
    • United States State Court of Criminal Appeals of Oklahoma. Court of Criminal Appeals of Oklahoma
    • May 5, 1980
    ...of this State. 20 O.S.1971, §§ 40, 41; Carder v. Court of Criminal Appeals, Okl., 595 P.2d 416 (1978); Johns v. Hess, Okl.Cr., 546 P.2d 652 (1976); and Jerry v. Pardon and Parole Board, Okl.Cr., 546 P.2d 650 (1976). This matter not being in aid of our appellate jurisdiction, coupled with th......
  • L. N., Matter of, No. P-80-476
    • United States
    • United States State Court of Criminal Appeals of Oklahoma. Court of Criminal Appeals of Oklahoma
    • September 2, 1980
    ...as to procedure is made," Application of Fun Country Development Authority, supra p. 1167. As this Court said in Johns v. Hess, Okl.Cr., 546 P.2d 652 (1976), unless we are vested with original jurisdiction, all exercise of power must be derived from our appellate jurisdiction, which is the ......
3 cases
  • Burks v. State, Nos. F-77-50
    • United States
    • United States State Court of Criminal Appeals of Oklahoma. Court of Criminal Appeals of Oklahoma
    • January 23, 1979
    ...at trials in this state. The State cites Jerry v. Pardon and Parole Board, Okl.Cr., 546 P.2d 650 (1976), and Johns v. Hess, Okl.Cr., 546 P.2d 652 (1976), both of which are clearly distinguishable because they deal with noncriminal subject matter. On the contrary, in Burks we have exercised ......
  • Oklahoma Pub. Co. v. Martin, No. 0-80-268
    • United States
    • United States State Court of Criminal Appeals of Oklahoma. Court of Criminal Appeals of Oklahoma
    • May 5, 1980
    ...of this State. 20 O.S.1971, §§ 40, 41; Carder v. Court of Criminal Appeals, Okl., 595 P.2d 416 (1978); Johns v. Hess, Okl.Cr., 546 P.2d 652 (1976); and Jerry v. Pardon and Parole Board, Okl.Cr., 546 P.2d 650 (1976). This matter not being in aid of our appellate jurisdiction, coupled with th......
  • L. N., Matter of, No. P-80-476
    • United States
    • United States State Court of Criminal Appeals of Oklahoma. Court of Criminal Appeals of Oklahoma
    • September 2, 1980
    ...as to procedure is made," Application of Fun Country Development Authority, supra p. 1167. As this Court said in Johns v. Hess, Okl.Cr., 546 P.2d 652 (1976), unless we are vested with original jurisdiction, all exercise of power must be derived from our appellate jurisdiction, which is the ......

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT