Langham v. Cochran, A-12941
| Decision Date | 30 November 1960 |
| Docket Number | No. A-12941,A-12941 |
| Citation | 357 P.2d 583 |
| Parties | Harry A. LANGHAM, Petitioner, v. H. G. COCHRAN, Jr., Director Divisions of Corrections, Tallahassee, Florida, Respondent, Robert R. Raines, Warden, Oklahoma State Penitentiary, Corespondent. |
| Court | United States State Court of Criminal Appeals of Oklahoma. Court of Criminal Appeals of Oklahoma |
Syllabus by the Court
Where petitioner is held in the Oklahoma State Penitentiary by reason of valid conviction in Oklahoma, and the State of Florida files a detainer or 'hold order' and prisoner files a petition for writ of mandamus against the Director, Division of Corrections, Tallahassee, Florida, and against the Warden of the Oklahoma State Penitentiary to have said detainer held to be null and void by reason of alleged waiver by Florida of its rights to prisoner, Court of Criminal Appeals under the facts has no jurisdiction over the Director, Division of Corrections, Tallahassee, Florida and jurisdiction to determine the issue, and the motion of the Attorney General of Oklahoma to dismiss the petition will for such reason be sustained.
Original proceeding in which Harry A. Langham, an inmate of the State Penitentiary seeks a writ of mandamus. Writ denied.
Harry A. Langham, pro se.
Mac Q. Williamson, Atty. Gen., Owen J. Watts, Asst. Atty. Gen., for respondent Robert R. Raines, Warden, Oklahoma State Penitentiary.
Harry A. Langham is a prisoner in the Oklahoma State Penitentiary at McAlester, by reason of a judgment and sentence by the district court of Oklahoma County in case No. 26053, where petitioner herein was there convicted of the crime of larceny of an automobile and on November 30 1959 sentenced to serve five years in the State Penitentiary.
Since incarceration by reason of the above judgment and sentence, according to the allegations of petitioner, one H. G. Cochran, Jr., Director, Division of Corrections, Tallahassee, Florida, has placed with Robert R. Raines, Warden of the Oklahoma State Penitentiary, a fugitive warrant by reason of an alleged escape by petitioner from a Florida road camp on July 8, 1957.
Petitioner alleges that the fugitive warrant is null and void by reason of the State of Florida having previously relinquished jurisdiction of petitioner. He states that he was, after escape from Florida, convicted of a crime at Houston, Texas, and sentenced to serve three years in the Texas State Prison at Huntsville; that the State of Florida filed a detainer and a detainer was filed from another state, which was later...
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Trotter v. Page, A-13850
...the dismissal of a detainer or hold order properly filed against a prisoner in the State Penitentiary by a foreign State. Langham v. Cochran, Okl. Cr., 357 P.2d 583; Gill v. Raines, Okl. Cr., 378 P.2d The demurrer of the Respondent is sustained, and the petition for writ of mandamus is deni......
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Gill v. Raines, A-13339
...or authority to order the dismissal of the retainer or hold order filed against this petitioner by the State of Arkansas. Langham v. Cochran, Okl.Cr., 357 P.2d 583. The validity of the judgment and sentence under which this petitioner is presently held is not involved, and it is evident tha......
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Martin v. Raines, A-13131
...or authority to order the dismissal of the retainer or hold order filed against this petitioner by the State of Texas. Langham v. Cochran, Okl.Cr., 357 P.2d 583. A writ of habeas corpus is a common-law writ directed to one detaining a person, commanding him to produce such detained person a......