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Higgins v. Branam,
2006 OK CR 23 (June 20, 2006): Habeas Corpus; State; Concurrent/Consecutive Sentences: Yes, we do have habeas corpus available in state criminal cases. Usually, the post-conviction procedures act governs post-conviction actions in state criminal cases. However, habeas is still available in challenging bond pre-trial and also in challenging the administration of the sentence (as opposed to an attack on the sentence directly). In this case, a defendant named Hainey was sentenced to 30 years in 1982. He was released on parole and committed new crimes to which he plead guilty and was sentenced to ten years with all cases to run concurrently with each other and with the 1982 conviction. DOC for some reason refused to administer the sentences in a concurrent fashion. Hainey petitioned for habeas corpus relief in the county in which he was being held, Atoka, and asserted that he was entitled to immediate relief if his sentences were administered properly. Judge Branam agreed and granted the writ. The State filed a Petition for Writ of Prohibition against Judge Branam (Higgins is the Warden at the prison where Hainey is housed). HELD: writ denied. The trial court has the power to run new cases concurrently with any other existing sentence.
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