Murray v. State
| Decision Date | 24 July 1968 |
| Docket Number | No. A--14697,A--14697 |
| Citation | 444 P.2d 236 |
| Court | United States State Court of Criminal Appeals of Oklahoma. Court of Criminal Appeals of Oklahoma |
| Parties | Joe David MURRAY, #57627, Petitioner, v. The STATE of Oklahoma, Respondent. |
Syllabus by the Court.
1. If a paroled convict shall at any time be guilty of a violation of any of the conditions of his parole, he may, upon the order of the Governor, be re-arrested and recommitted, without further proceedings, to confinement for the remainder of, and under the terms of, his original sentence. 57 O.S. § 346.
2. A convict who is granted and accepts a parole which expressly provides that the governor may revoke the same and remand the party to prison for a violation of the conditions, or 'for any other reason by him deemed sufficient.' Held, that the governor may order the convict to be so remanded without notice to him, and without giving him an opportunity to be heard.
Original proceeding in which Joe David Murray seeks his release from confinement by a writ of habeas corpus. Writ Denied.
Joe David Murray, pro se.
G. T. Blankenship, Atty. Gen., Hugh H. Collum, Asst. Atty. Gen., for respondent.
This is an original proceeding wherein petitioner seeks his release from confinement in the State Penitentiary at McAlester, where he is currently incarcerated by virtue of a judgment and sentence rendered against him in the District Court of Oklahoma County, wherein he was sentenced to serve a term of 25 years imprisonment in the State Penitentiary for the crime of Kidnapping.
As grounds for his release, petitioner alleges that he was paroled by the State of Oklahoma and that subsequent to his parole he was incarcerated in the Federal Penitentiary on a sentence from which he had been previously paroled for a violation of the terms and conditions of said parole. Subsequent to his incarceration in the Federal Penitentiary, his parole was revoked by the Governor of the State of Oklahoma without hearing or the appointment of counsel for said petitioner, and a detainer warrant was placed against said petitioner with the federal authorities. In 1965 he was released by the federal authorities to the Oklahoma authorities and re-imprisoned under the judgment and sentence rendered against him in the District Court of Oklahoma County for the crime of Kidnapping, under authority and by virtue of the Order of the Governor revoking his parole.
Petitioner urges that before a parole may be revoked he must receive notice of said hearing, be represented by counsel at...
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