No. 23-5018

Richard P. Spaulding v. Oklahoma

Lower Court: Oklahoma
Docketed: 2023-07-03
Status: Denied
Type: IFP
IFP
Tags: appeal appeal-rights court-order court-orders covid-quarantine due-process equal-protection jurisdiction legal-notice post-conviction
Key Terms:
HabeasCorpus
Latest Conference: 2023-09-26
Question Presented (AI Summary)

Did the Tulsa Court deprive itself of jurisdiction in the subsequent matters

Question Presented (from Petition)

QUESTIONS PRESENTED During post-conviction proceedings in Tulsa County, Oklahoma, Petitioner was | deprived of right to appeal or challenge numerous orders of the court and state | responses, which the state and court had decided not to send. State has been to write its own relief in orders without required proceedings and which omit mention of pending pre-requisite matters and Petitioner’s | uncontroverted evidence material to relief. Signed immediately without serious | review, the orders contain such outrageous findings as Judge’s recent order | admitting that Petitioner was not sent responses and orders in his case because she feels “he is not entitled to receive them”. | | : | 1. Did the Tulsa Court deprive itself of jurisdiction in the all subsequent matters when it issued the November 18, 2020 unfiled and uncertified order | denying post-conviction relief, ignoring Petitioner's weeks-pending voluntary dismissal] of that specific pleading? | 2. Did the Tulsa Court deprive itself of jurisdiction when it actively chose not to send its orders to the Petitioner, deprived him of the right to respond before it granted state requests, would not consider Petitioner’s uncontroverted and material evidence directly proving right to relief, failing to hold a single hearing or required proceeding since 2020? | | ’ * 3. Was Petitioner denied an appeal through no-fault of his own when the Prison COVID quarantine delayed mail much as 2 weeks, closed the law library and the ability to send legal mail? , 4. Did the Criminal Appeals violate Petitioner’s right to due process and equal protection of law when it declined jurisdiction for untimely notice of appeal where the Tulsa Clerk had sent the order to the wrong address?

Docket Entries

2023-10-02
Petition DENIED.
2023-08-17
DISTRIBUTED for Conference of 9/26/2023.
2023-06-26
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due August 2, 2023)
2023-03-31
Application (22A853) granted by Justice Gorsuch extending the time to file until June 24, 2023.
2023-03-20
Application (22A853) to extend the time to file a petition for a writ of certiorari from April 25, 2023 to June 24, 2023, submitted to Justice Gorsuch.

Attorneys

Richard P. Spaulding
Richard Patrick Spaulding — Petitioner
Richard Patrick Spaulding — Petitioner