# Shattuck v. Grider

> Court of Criminal Appeals of Oklahoma · January 26, 1972 · 493 P.2d 829

URL: https://www.frixlaw.com/law-library/cases/9588400

## Case

- **Full name:** Bruce SHATTUCK, Petitioner, v. John W. GRIDER, Warden, Oklahoma State Reformatory, Respondent
- **Court:** Court of Criminal Appeals of Oklahoma
- **Decided:** January 26, 1972
- **Citations:** 493 P.2d 829; 1972 OK CR 37
- **Precedential status:** Published
- **Opinion:** Concurrence by Bussey
- **Judges:** Simms, Bussey, Brett
- **Cited by:** 9 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/9588400

## Opinion text

BUSSEY, Presiding Judge
(specially concurring) :
I am in accord with the views expressed and the authorities cited by Judge SIMMS. I think it is unquestionably clear that the Legislature is authorized, under the Constitution, to determine under what conditions credits to shorten a sentence may be given. I believe that even a most cursory examination of the statute reflects the clear Legislative intent to grant blood credits only when the party, subsequently released on parole, does not violate the terms of the parole. Any attempt by the Court to construe the statute otherwise would, in my opinion, violate the separation of powers *833 provision which restricts the Court from invading the province of the Legislature. If the Legislature, in their wisdom, for public policy reasons, wish to amend the statute and create a vested, irrevocable right in an inmate for time credits for blood donated which may not be revoked for a violation of parole or the rules of the penitentiary, they can do so, but the Court has no authority or jurisdiction to invade the Legislative authority.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9588400. Public record. Not legal advice.