Dutton v. City of Midwest City

Petitioner Rodney Dutton sought an extraordinary writ at the Oklahoma Supreme Court to challenge his convictions in three criminal proceedings in the municipal court for The City of Midwest City. He also requested an alternative remedy that would compel the District Court to provide him with a new appeal of his convictions in the District Court. Dutton alleged that in 2013, he was convicted in the municipal court of the City of Midwest City on charges of assault, public intoxication, and domestic assault and battery, for which he received a thirty-day jail sentence. He stated that he filed three applications for post-conviction relief at the District Court after his release. The District Court dismissed the applications on grounds that they should have been filed with the municipal court in Midwest City. His application for the Supreme Court to assume original jurisdiction was filed approximately one year and three months after his release. Dutton's claims, construed liberally because of his pro se status, alleged numerous constitutional violations and procedural errors at the municipal and district courts that entitled him to the relief he sought. The Supreme Court assumed original jurisdiction for the sole purpose of determining its jurisdiction to review Petitioner's allegations. After review, the Court held that it did not possess jurisdiction to either review the merits of Petitioner's cause of action challenging his municipal criminal convictions or compel the District Court to provide him with a new direct appeal of those convictions to the District Court. Dutton failed to show that he lacked adequate remedies in either a municipal court or the District Court. Dutton's claims were criminal matters and the Supreme Court declined to assume original jurisdiction on his claims or grant him relief on them without prejudice to him presenting them, in the proper court. View "Dutton v. City of Midwest City" on Justia Law