# Gaines v. Maynard

> Supreme Court of Oklahoma · March 19, 1991 · 62 O.B.A.J. 934

URL: https://www.frixlaw.com/law-library/cases/9566291

## Case

- **Full name:** Stephen Joseph GAINES and Martin Earl Hedgpath, Appellants, v. Gary MAYNARD, Warden, All His Agents, Servants, Representatives and Employees, Including All Guards and Other Personnel and All Their Successors in Office, Appellees
- **Court:** Supreme Court of Oklahoma
- **Decided:** March 19, 1991
- **Citations:** 62 O.B.A.J. 934; 808 P.2d 672; 1991 OK 27; 1991 Okla. LEXIS 28; 1991 WL 35096
- **Precedential status:** Published
- **Opinion:** Dissent by Simms
- **Judges:** Summers, Lavender, Doolin, Wilson, Johnson, Kauger, Opala, Simms, Hargrave
- **Cited by:** 15 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9566291

## Opinion text

SIMMS, Justice,
dissenting:
I would deny certiorari as improvidently granted. The trial court and the Court of Appeals correctly found that these petitioners have not alleged any breach of a legal duty which would entitle them to a writ of mandamus.
I am authorized to state that Vice Chief Justice HODGES and Justice HARGRAVE join with me in the views expressed above.

---

Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9566291. Public record. Not legal advice.