Waldon v. Evans, No. H-92-270

CourtUnited States State Court of Criminal Appeals of Oklahoma. Court of Criminal Appeals of Oklahoma
Writing for the CourtLUMPKIN
Citation861 P.2d 311,1993 OK CR 46
Docket NumberNo. H-92-270
Decision Date30 September 1993
PartiesDennis S. WALDON, Appellant, v. Ed EVANS, Warden, Appellee.

Page 311

861 P.2d 311
Dennis S. WALDON, Appellant,
v.
Ed EVANS, Warden, Appellee.
No. H-92-270.
Court of Criminal Appeals of Oklahoma.
Sept. 30, 1993.

Page 312

ORDER GRANTING WRIT OF MANDAMUS

The Appellant petitioned the District Court of Alfalfa County, in Case No. C-91-22, for habeas corpus and/or mandamus relief. Appellant claimed that Department of Corrections procedures were not followed in prison disciplinary proceedings which led to the loss of one hundred (100) days of earned credits on his criminal sentence and, therefore, he was not afforded due process and was illegally deprived of those earned credits. The District Court, assumably relying on this Court's decisions in Ekstrand v. State, 791 P.2d 92 (Okl.Cr.1990) and Wald v. Crisp, 568 P.2d 316 (Okl.Cr.1977), declined jurisdiction regarding the earned credits because Appellant failed to show that, even if his arguments were correct, he would be entitled to release from incarceration within sixty (60) days.

Appellant appealed the District Court's denial of his petition for writ of habeas corpus and/or mandamus to the Oklahoma Supreme Court. To establish appellate jurisdiction concerning the matter, Appellant cited as authority case law decided by the Oklahoma Supreme Court and the Oklahoma Court of Appeals, Mitchell v. Meachum, 770 P.2d 887 (Okla.1988) and Baker v. Kaiser, 793 P.2d 877 (Okla.Ct.App.1990). The Oklahoma Supreme Court transferred the appeal to this Court for disposition after finding and concluding that credit time for the reduction of a sentence is a matter which lies exclusively within the jurisdiction of the Court of Criminal Appeals. The transfer order cited Article VII, Section 4 of the Oklahoma Constitution and State of Oklahoma ex rel. Henry v. Mahler, 786 P.2d 82 (Okla.1990) to support the findings and conclusion.

The District Court's apparent reliance on this Court's previous precedent in the instant matter is misplaced. This case deals not with the opportunity to earn credit, but with the liberty interest created once these credits are earned, therefore, Ekstrand and Wald are not directly applicable. Moreover, this Court has not previously assumed jurisdiction of matters concerning sentence credits that are already earned since the Oklahoma Supreme Court has assumed jurisdiction and issued published authority on the subject. See e.g. Mitchell, supra; Baker, supra; Prock v. District Court of Pittsburg County, 630 P.2d 772 (Okla.1981).

After Mitchell and Baker were decided, the Oklahoma Supreme Court held, without expressly overruling cases such as Mitchell,

Page 313

Baker, and Prock, or explaining the assumption of jurisdiction therein, that this Court had exclusive appellate jurisdiction over the subject of credit time for reduction of criminal sentences. Mahler, 786 P.2d at 86. The Mahler decision, coupled with the recent transfer of this matter and similar matters to the jurisdiction of this Court, indicates the Supreme Court has, albeit not expressly, effectively overruled its prior cases dealing with earned credits. E.g. Mitchell, supra; Baker, supra; and Prock, supra. A void has thereby been created in the law concerning the liberty interest created once credits against a criminal sentence are earned and...

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28 practice notes
  • Movants to Quash Multicounty v. Dixon, No. 104,072.
    • United States
    • Supreme Court of Oklahoma
    • 15 Abril 2008
    ...conclusion on the jurisdictional issue. See State ex rel. Henry v. Mahler, 1990 OK 3, 786 P.2d 82; Waldon v. Evans, 1993 OK CR 46, 861 P.2d 311. We acknowledge that confusion, but conclude that a hard-and-fast rule would not serve the ends of 2. Article 2 (Bill of Rights), section 18 (Grand......
  • Canady v. Reynolds, Nos. O-94-308
    • United States
    • United States State Court of Criminal Appeals of Oklahoma. Court of Criminal Appeals of Oklahoma
    • 24 Agosto 1994
    ...alleges ex post facto violations and other grounds for relief. The federal district court entered an order discussing Waldon v. Evans, 861 P.2d 311 (Okl.Cr.1993), and requesting the parties to address whether Waldon created a state mandamus remedy for Petitioners' claims. While Petitioners ......
  • Farris v. Allbaugh, No. 16-6347
    • United States
    • United States Courts of Appeals. United States Court of Appeals (10th Circuit)
    • 22 Junio 2017
    ...1990) (discussing significant changes to the ODOC's system of awarding credits), abrogated in part on other grounds by Waldon v. Evans, 861 P.2d 311, 313 (Okla. Crim. App....
  • Cole v. Crow, CIV-20-655-G
    • United States
    • United States District Courts. 10th Circuit. Western District of Oklahoma
    • 30 Julio 2021
    ...U.S. 1, 8-11 (1979)). Oklahoma has created a liberty interest in earned sentence credits. Okla. Stat. tit. 57, § 138(A); Waldon v. Evans, 861 P.2d 311, 313 (Okla. Crim. App. 1993). Thus, Oklahoma inmates are generally entitled to minimum due process protections prior to the revocation of th......
  • Request a trial to view additional results
28 cases
  • Movants to Quash Multicounty v. Dixon, No. 104,072.
    • United States
    • Supreme Court of Oklahoma
    • 15 Abril 2008
    ...conclusion on the jurisdictional issue. See State ex rel. Henry v. Mahler, 1990 OK 3, 786 P.2d 82; Waldon v. Evans, 1993 OK CR 46, 861 P.2d 311. We acknowledge that confusion, but conclude that a hard-and-fast rule would not serve the ends of 2. Article 2 (Bill of Rights), section 18 (Grand......
  • Canady v. Reynolds, Nos. O-94-308
    • United States
    • United States State Court of Criminal Appeals of Oklahoma. Court of Criminal Appeals of Oklahoma
    • 24 Agosto 1994
    ...alleges ex post facto violations and other grounds for relief. The federal district court entered an order discussing Waldon v. Evans, 861 P.2d 311 (Okl.Cr.1993), and requesting the parties to address whether Waldon created a state mandamus remedy for Petitioners' claims. While Petitioners ......
  • Farris v. Allbaugh, No. 16-6347
    • United States
    • United States Courts of Appeals. United States Court of Appeals (10th Circuit)
    • 22 Junio 2017
    ...1990) (discussing significant changes to the ODOC's system of awarding credits), abrogated in part on other grounds by Waldon v. Evans, 861 P.2d 311, 313 (Okla. Crim. App....
  • Cole v. Crow, CIV-20-655-G
    • United States
    • United States District Courts. 10th Circuit. Western District of Oklahoma
    • 30 Julio 2021
    ...U.S. 1, 8-11 (1979)). Oklahoma has created a liberty interest in earned sentence credits. Okla. Stat. tit. 57, § 138(A); Waldon v. Evans, 861 P.2d 311, 313 (Okla. Crim. App. 1993). Thus, Oklahoma inmates are generally entitled to minimum due process protections prior to the revocation of th......
  • Request a trial to view additional results

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