Osborn v. Shillinger, No. 85-193
| Court | United States State Supreme Court of Wyoming |
| Writing for the Court | BROWN; ROSE |
| Citation | 705 P.2d 1246 |
| Parties | Kevin Winston OSBORN, Plaintiff, v. Duane SHILLINGER, Warden of the Wyoming State Penitentiary, and A.G. McClintock, the Attorney General of the State of Wyoming, Respondents. |
| Decision Date | 23 September 1985 |
| Docket Number | No. 85-193 |
Page 1246
v.
Duane SHILLINGER, Warden of the Wyoming State Penitentiary, and A.G. McClintock, the Attorney General of the State of Wyoming, Respondents.
Craig L. Truman, Denver, for plaintiff.
John W. Renneisen, Sr. Asst. Atty. Gen., for respondents.
This case came on before the court upon the Motion for Stay of Execution filed herein on behalf of Kevin Winston Osborn on September 20, 1985, and upon the Traverse of Motion for Stay of Execution filed herein on behalf of the Respondents on September 20, 1985, and the court having examined the files and record before the court, and being fully advised in the premises, finds that the Motion for Stay of Execution should be denied, and it therefore is
ORDERED that the Motion for Stay of Execution filed herein on behalf of Kevin Winston Osborn be, and the same hereby is, denied.
See attached special concurrence from Justice BROWN and attached dissent from Justice ROSE.
BROWN, Justice, specially concurring.
I agree with the majority of the court that the "Motion for Stay of Execution" should be denied. Petitioner's execution date was set by the district court's order dated May 13, 1985. Petitioner waited over three months and now makes an eleventh hour appeal for a stay of execution.
Petitioner's pleadings to invoke the jurisdiction of this court are the most defective imaginable. It appears that petitioner has deliberately flaunted and ignored well-known rules and procedures, challenging this court to act on patently defective pleadings.
I join the majority knowing that petitioner still has time to present to this court or another court a petition for relief that minimally complies with elementary rules and procedures.
ROSE, Justice, dissenting.
I dissent--and, in dissenting, I make these observations:
This is the second time that the majority of this court have refused to judge in favor of the capital defendant. The first was when we upheld the trial court's refusal to permit Osborn to withdraw his guilty plea.
We must remember that Mr. Osborn has never been judged by a jury of his peers--a situation which is highly unusual in a capital case. He has alleged that he was under the influence of drugs during his arraignment when he changed his plea from not guilty to guilty, and yet we have refused to hold this or any other condition or grounds sufficient to direct that the district court authorize the change of plea.
In the matter at bar, Osborn's counsel, for whatever reason, did not file a notice of appeal from a final...
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Osborn v. State, No. 90-178
...(D.Wyo. October 4, 1989); Osborn v. Shillinger, 861 F.2d 612 (10th Cir.1988), aff'd 639 F.Supp. 610 (D.Wyo.1986); Osborn v. Shillinger, 705 P.2d 1246 (Wyo.1985); and Osborn v. State, 672 P.2d 777 (Wyo.1983), cert. denied 465 U.S. 1051, 104 S.Ct. 1331, 79 L.Ed.2d 726 (1984). Osborn, in 1982,......
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Miller v. State, No. 91-58
...(Judgment and Sentence); Osborn v. Shillinger, 639 F.Supp. 610 (D.Wyo.1986), aff'd 861 F.2d 612 (10th Cir.1988); Osborn v. Shillinger, 705 P.2d 1246 (Wyo.1985); and Osborn v. State, 672 P.2d 777 (Wyo.1983), cert. denied 465 U.S. 1051, 104 S.Ct. 1331, 79 L.Ed.2d 726 Constitutionally and prac......
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Osborn v. Shillinger, No. 90-8047
...(1984). In 1985, a Motion for Stay of Execution, filed on behalf of Osborn was denied by the Wyoming Supreme Court. Osborn v. Shillinger, 705 P.2d 1246 Osborn then filed a petition for writ of habeas corpus in the United States District Court for the District of Wyoming requesting relief fr......
-
Osborn v. State, No. 90-178
...(D.Wyo. October 4, 1989); Osborn v. Shillinger, 861 F.2d 612 (10th Cir.1988), aff'd 639 F.Supp. 610 (D.Wyo.1986); Osborn v. Shillinger, 705 P.2d 1246 (Wyo.1985); and Osborn v. State, 672 P.2d 777 (Wyo.1983), cert. denied 465 U.S. 1051, 104 S.Ct. 1331, 79 L.Ed.2d 726 (1984). Osborn, in 1982,......
-
Miller v. State, No. 91-58
...(Judgment and Sentence); Osborn v. Shillinger, 639 F.Supp. 610 (D.Wyo.1986), aff'd 861 F.2d 612 (10th Cir.1988); Osborn v. Shillinger, 705 P.2d 1246 (Wyo.1985); and Osborn v. State, 672 P.2d 777 (Wyo.1983), cert. denied 465 U.S. 1051, 104 S.Ct. 1331, 79 L.Ed.2d 726 Constitutionally and prac......
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Osborn v. Shillinger, No. 90-8047
...(1984). In 1985, a Motion for Stay of Execution, filed on behalf of Osborn was denied by the Wyoming Supreme Court. Osborn v. Shillinger, 705 P.2d 1246 Osborn then filed a petition for writ of habeas corpus in the United States District Court for the District of Wyoming requesting relief fr......