The following is a rough draft of the writ petition we plan to submit on or around Oct 9 unless things change and defendant is out of jail by then.
This is the same format the courthouse accepts all paperwork for filing in criminal cases. Do you think this format is acceptable for a writ?
Case # XXXXX XXXXX in an area to the right of where the names of Petitioner and Respondent. (I can't do it on this email) I believe you mentioned there should be no case # XXXXX but should anything go there. seem like I have seen on civil case paperwork "ss" in that position whatever that means.
I talked to my son today and he said he would rather wait until the day he should be released before I talk to admin. He says he does not mind having to stay in jail a few more days. He is as distrustful as I am of what the sheriff might do if he knows in advance about the writ.
Let me know what you think. Thanks in advance.
IN THE DISTRICT COURT OF BLANK COUNTY
STATE OF OKLAHOMA
(Name of Petitioner),
THE STATE OF OKLAHOMA,
(Blank )County Sheriff, (Sheriff’s name),
Detention Facility Administrator,
(Administrator’s name ),
WRIT OF HABEAS CORPUS
Comes Now, the Petitioner, (name), and respectfully XXXXX XXXXX following:
The Petitioner, name, believes he is currently unlawfully imprisoned in the Blank County Detention Facility, address, city, State zip code. The County Sheriff, (name), and the Detention Facility Administrator, (name), are the controllers of that Facility.
Original Cause of Imprisonment
On or about February 12, 2010, Petitioner was charged in this case, (case #), with Negligent Homicide, a misdemeanor. On or about November 9, 2011, a jury trial was conducted by the court. At the conclusion thereof the jury returned a verdict of guilty as charged and recommended sentence. On or about November 14 , 2011 after hearing, the court sentenced Petitioner to serve one (1) year in the Blank County Jail and to pay a $1000.00 fine, all as recommended by the jury.
Petitioner thereafter perfected a direct appeal of this case to the Oklahoma Court of Criminal Appeals. The appellate court affirmed the trial court proceedings on or about May 16, 2013. On or about Jun 26, 2013, Petitioner filed an Application for Post-Conviction Relief which is currently ongoing.
Why Petitioner Now Alleges Imprisonment Unlawful
The Petitioner was given position of trustee and given a job assignment on the first day of incarceration, May 17, 2013. Title 57, Section 58.3 states in part: "..Prisoners employed as provided herein shall be given a credit of two (2) days on a jail sentence for each day worked..." Title 57, section 65 gives another credit, stating in part: "Any person in this state convicted of a crime, who is serving time as a prisoner in the county jail of any county in the State of Oklahoma as a result of said conviction of crime, shall be entitled to receive five (5) days' credit for every four (4) days' time in said county jail provided said prisoner shall have obeyed the rules and regulations promulgated by the sheriff in charge of said county jail in a satisfactory manner..."
The Petitioner was informed in September, 2013 by jail administration that his projected release from jail date was November 15, 2013. This reflects 2 days credit for every day imprisoned (in this case 6 months of credit) for doing work in the jail in accordance with Title 57, section 58.3 .However the projected release date of November 15, 2013 does not reflect any credits for good behavior in accordance with Title 57, Section 65 which is 5 days credits for every 4 days served for following rules and regulations of the jail. The Petitioner calculated this would be an additional 1.2 months or 36 days credit. Subtracting this good behavior credit from the Nov 15, 2013 release date given by jail administration changes the release date to Oct 9, 2013.
The Petitioner submitted a grievance to the jail administrator/sheriff September 17, 2013 expressing his appreciation for being given a job assignment within the jail which allowed him to earn 2 days credit for each day served. He went on to explain that the Nov 15 release date did not reflect any credits for good behavior. He explained that there is an Attorney General official opinion dated Nov 14, 1980 that confirmed that an inmate should get both credits if he is in fact working in the jail and satisfactorily following the rules and regulations. (Attorney General Official Opinion can be found at the following website: http://www.oscn.net/applications/oscn/DeliverDocument.asp?CiteID=182822)
The Petitioner further explained that the same confirmation is found in the "Handbook for County Sheriffs of Oklahoma 2012", section eleven , pages 11 and 12. He explained that if the credits for good behavior were subtracted from the Nov 15 release date, the corrected release date would be around Oct 9, 2013. The Petitioner near the end of the grievance asked when he would be getting his 5 days for 4 credits for good behavior.
The Petitioner waited two weeks for a response (The inmate handbook states that he should receive a response from a grievance in 10 days) but received none. He submitted another grievance Oct 1, 2013 and still has not received a response.
Wherefore, the Petitioner respectfully XXXXX XXXXX Court release the Petitioner from the Detention Facility since with credits authorized by the State of Oklahoma and confirmed by an Official Attorney General Opinion. his one year sentence has been completely served.