Opinion

French v. State

  • 416 P.2d 171
  • 1966 OK CR 84
  • 1966 Okla. Crim. App. LEXIS 255
Court
Court of Criminal Appeals of Oklahoma
Filed
Jun 8, 1966
Status
Published
Author
Bussey
On the bench
Brett, Bussey, Nix
Cited by
18 cases

The opinion

ON RE-PIEARING

BUSSEY, Presiding Judge.

On the 8th day of June, 1966, this Court delivered an opinion affirming the conviction of James D. French and fixing the date of execution. Thereafter, on the 17th day of June, 1966, Mr. James Martin, attorney for plaintiff in error, filed a Petition for Re-Hearing asserting the same errors complained of in his original petition in error, and brief in support thereof. This Court carefully considered the assignments of error contended in the petition filed for the plaintiff in error, the brief, and the oral argument in support thereof before rendering this decision on said June 8, 1966.

We have carefully re-considered the as-assignments of error and authorities cited, and are of the opinion that the Petition for Re-Hearing should be denied.

We here take note that the plaintiff in error, James D. French, has corresponded with the trial court and with the Clerk of this Court requesting that the Court-Appointed Attorney be relieved of further obligation, duty, or authority to represent the said James D. French in any further proceedings as attorney.

After having reviewed the trial record, briefs, and oral argument, we are of the opinion that Mr. James Martin ably represented 'the plaintiff in error in the. trial court, and was diligent in perfecting the appeal therefrom; and discharged his duty with fidelity toward the defendant in his several appearances before this Court. Having thus discharged his obligation toward the said James D. French, and fulfilling his obligations under the Rules of Professional Ethics, and the Constitutions of the State of Oklahoma and the United States; Mr. James Martin is hereby relieved of any further obligation, duty or authority to represent the said James D. French.

The trial court is directed to enter an order as requested by plaintiff in error, relieving Mr. James Martin of any further obligation, duty, or authority to represent the said James D. French in any further proceedings arising out of his conviction in the District Court of Pittsburg County, Oklahoma. It is so ordered.

Petition for Re-Hearing denied. The Clerk of this Court is directed to issue the mandate forthwith.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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