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IN THE COURT OF CRIMINAL APPEALS OF THE STATE OF OKLAHOMA
| Patrick Joseph Terry, Petitioner, v. STATE OF OKLAHOMA, Respondent, |
No. PC-2018-1076 (Post Conviction) Filed: 10/22/2018 Closed: 10/06/2021 Appealed from: OTTAWA County District Court |
Parties
STATE OF OKLAHOMA,
Respondent
Terry, Patrick Joseph,
Petitioner
Attorneys
| Attorney | Represented Parties |
|---|---|
| Ottawa County District Attorney 201 Courthouse 102 E. Central Ave. Miami |
STATE OF OKLAHOMA |
| Terry, Patrick Joseph 433 NW 25th St #2 Oklahoma City, OK 73103 |
Terry Patrick Joseph |
Events
None
Lower Court Counts and Other Information
| Count | Case Number | Statute | Crime | Sentence | Judge | Reporter |
|---|---|---|---|---|---|---|
| - | CF-2012-242 | - | Haney, Robert G. |
Docket
| Date | Code | Description | Count | Party | Amount |
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DATE OF ORDER APPEALED |
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ISSUE CERTIFICATE OF APPEAL |
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POST CONVICTION INITIAL FILING |
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PAUPER AFFIDAVIT FOR TERRY, PATRICK JOSEPH |
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RECEIPT # 73726 ON 10/22/2018. |
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ORIGINAL RECORD - 61 PAGES (COPY TO AG) |
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RECORD TO COURT |
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RECORD RETURNED FROM COURT |
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JE: ORDER LEWIS PJ, KUEHN VPJ, LUMPKIN J, HUDSON J, ROWLAND J, COPIES TO ATTYS, DC CLERK, HON. ROBERT G. HANEY, ORDER AFFIRMINGG DENIAL OF APPLICATION FOR POST CONVICTION RELIEF. MURPHY IS NOT A FINAL DECISION AND PETITIONER HAS CITED NO OTHER AUTHORITY THAT REFUTES JURISDICTIOAL PROVISION OF THE OKLAHOMA CONSTITUTION |
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AFFIRMED (ORDER) |
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RECORD RETURNED TO DISTRICT COURT |
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LETTER FROM USSC- RE: MOTION OF PETITIONER FOR LEAVE TO PROCEED IN FORMA PAUPERIS AND THE PETITION FOR A WRIT OF CERTIOARI ARE GRANTED. THE JUDGEMENT IS VACATED, AND THE CASE IS REMANDED TO THE COURT OF CRIMINAL APPEALS FOR FURTHER CONSIDERATION IN LIGHT OF MCGIRT V. OKLAHOMA. THE JUDGEMENT OR MANDATE OF THIS COURT WILL NOT ISSUE FOR AT LEAST 25 DAYS PURSUANT TO RULE 45. SHOULD A PETITION FOR REHEARING BE FILED TIMELY, THE JUDGMENT OR MANDATE WILL BE FURTHER STAYED PENDING THIS COURT'S ACTION ON THE PETITION FOR REHEARING. |
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ORIGINAL RECORD - 61 PAGES |
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RECORD TO COURT |
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JE: ORDER LEWIS PJ, KUEHN VPJ, LUMPKIN J, HUDSON J, ROWLAND J, COPIES TO ATTYS, DC CLERK, HON. ROBERT G. HANEY, ORDER REMANDING FOR EVIDENTIARY HEARING. ( IN LIGHT OF THE SUPREME COURTS REMAND WE RECALL THE MANDATE PREVIOUSLY ISSUES IN THIS MATRTER ON 2-25-29) WE THEREFORE REMAND THIS CASE TO THE DISTRICT COURT OF OTTAWA COUNTY FOR AN EVIDENIARY HEARING TO BE HELD WITHIN 60 DAYS FROM THE DATE OF THIS ORDER SEE ORDER |
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JE: ORDER; LEWIS PJ; COPIES TO HON. ROBERT G. HANEY, DIST COURT CLERK AND ATTORENYS; ORDER GRANTING MOTION FOR EXTENSION OF TIME TO CONDUCT EVIDENTIARY HEARING; RESPONDENTS REQUEST FOR AN EXTENSION OF TIME IS GRANTED. THE DISTRICT COURT OF OTTAWA COUNTY SHALL CONDUCT AN EVIDENTIARY HEARING WITHIN 60 DAYS FROM THE DATE OF THIS ORDER. |
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STATE'S SUPPLEMENTAL BRIEF IN LIGHT OF STATE EX REL. DISTRICT ATTORNEY V. WALLACETENDERED FOR FILING |
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JE: ORDER ROWLAND PJ, HUDSON VPJ, LUMPKIN J, LEWIS J, COPIE TO ATTYS, DC CLERK, HON. ROBERT G. HANEY, ORDER AFFIRMING DENIAL OF POST CONVICTION RELIFE. THE CONVICTION IN THIS MATTER WAS FINAL BEFORE THE 7-9-20 DECISION IN MCGIRT AND THE USSC HOLDING IN MCGIRT DOES NOT APPLY. THE RESPONDENTS MOTION TO FILE A SUPPLEMENTAL BRIEF IS DENIED |
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AFFIRMED (ORDER) |
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RECORD RETURNED TO DISTRICT COURT |
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