Sunday, November 17, 2013

People v. Nelson case brief

People v. Nelson case brief summary
266 P.2d 1008 (2012)

Petitioners, who were an acting justice of the peace and an acting state game and fish ranger, sought a writ of prohibition against respondent county judge.

Petitioners were charged in an information in the county court with extortion of a third party by means, and by use, and under color of official right. When seeking their writ, petitioners argued that the allegations were allegations for misconduct in office, and that therefore, under the provisions of Okla. Const. art. 7, § 12, the county court was deprived of jurisdiction to hear the cause. Petitioners further claimed that the action should have been filed in the district court.

  • After consideration, the court granted the writ. 
  • The court concluded that the county court lacked the authority to try petitioners of the crime charged. 
  • The court held that the prohibition in Okla. Const. art. 7, § 12, against the exercise by the county court of jurisdiction in actions against officers for misconduct in office, included all actions against such officers for misconduct, and jurisdiction over such proceedings was in the district court. 
  • The court found that the phrase "misconduct in office" included any wilful malfeasance, misfeasance, or nonfeasance in office. 
  • The court further found that it had proper jurisdiction to decide the writ and to construe the Oklahoma Constitution.
The court issued the writ and directed the county judge to refrain from proceeding further towards the trial of case.

Recommended Supplements for Criminal Law

No comments:

Post a Comment

The Evolution of Legal Marketing: From Billboards to Digital Leads Over the last couple of decades, the face of legal marketing has changed a l...