# Shattuck v. Grider

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

URL: https://www.frixlaw.com/law-library/cases/9588401

## 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:** Concurring in part by Brett
- **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/9588401

## Opinion text

BRETT, Judge
(concurs in part, and dissents in part):
I concur in that part of this decision as it relates to the general interpretation of legislation; that a parole is granted as a matter of grace by the executive branch of Government; and that there is not necessarily a contractual agreement between an «inmate and the state, as it pertains to the giving of blood for time credits. However, I dissent to the ultimate conclusions reached in this decision; and I am not especially impressed by the majority holdings of other states, as they pertain to the revocation of blood credits when an inmate’s parole is revoked. I concede also that I have been unable to find any jurisdiction which has ruled contrary to the majority view herein; but nonetheless, I believe that the giving of blood — under statutory authority — can be likened unto the passage of time toward the fulfillment of a prison sentence. I would hold that the time credit granted for the giving of blood becomes a vested credit when the blood is actually removed from an inmate; and that those credits should not be revocable credits, even though the inmate’s parole is subsequently revoked. The provision allowing blood credits has made available a major source for the donation of blood for use by the general public. The time credits allowed served as an incentive to facilitate that source of supply; consequently, I believe as a matter of public policy, if for no other reason, that source should not be jeopardized.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9588401. Public record. Not legal advice.