Kolosha v. Oklahoma

Replevin is not the only remedy to recover that is no longer needed as evidence. An inmate acting pro se filed a pleading in his criminal case, seeking return of a computer, a photo camera and a movie camera, alleging this property had nothing to do with the criminal charges. The inmate called his pleading a petition for writ of replevin. In response, the District Attorney denied ever having custody of the property. The trial court denied relief, ruling: (1) the inmate failed to follow proper procedure provided by statute to initiate replevin; and (2) he could not use a writ to try to regain property from a party that does not possess such property. The inmate appealed. The Oklahoma Supreme Court agreed that replevin was not a remedy available to the inmate here. However, the Court concluded that other remedies may have been available, so the case was remanded for the trial court to consider granting relief pursuant to 22 O.S.2001, section 1321. View "Kolosha v. Oklahoma" on Justia Law