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Keywords

jurisdictionstatuteleasedue processwrit of prohibition
jurisdictionleasewrit of prohibition

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Harris v. Oklahoma County Dist. Court, 750 P.2d 1129, 1988 OK CR 26

Facts

On January 22, 1988, the petitioner filed for a writ of prohibition against the Oklahoma County District Court after being found not guilty of murder by reason of insanity. The district court had ordered his release on January 15, 1988, but later issued an order for his psychiatric care, citing the need for a mental health evaluation as required by law. The petitioner argued that the district court lost jurisdiction upon his release, while the court maintained that it could correct its earlier error.

On January 22, 1988, petitioner filed an application for writ of prohibition with this Court, asking this Court to prohibit the Oklahoma County District Court from retaining jurisdiction in Case No. CRF–87–4543. Petitioner was charged with First Degree Murder and was found not guilty by reason of insanity.

Issue

Did the district court retain jurisdiction to vacate its previous order of release and require a psychiatric examination of the petitioner, and does the statute under which he was committed violate due process?

Petitioner sets forth two propositions in support of his request. He first alleges that the district court is without jurisdiction to issue a warrant because jurisdiction was relinquished at the time the release was signed.

Rule

The court applied Title 22 O.S.1981, § 1161, which mandates that a person found not guilty by reason of insanity must undergo a psychiatric examination and cannot be discharged until a determination is made regarding their mental health and potential danger to the public.

Title 22 O.S.1981, § 1161 mandates a psychiatric examination.

Analysis

The court found that the district court acted within its jurisdiction to vacate the order of release because it had a statutory duty to ensure that the petitioner was not a threat to himself or others. The court emphasized that the mandatory language of the statute required the district court to retain jurisdiction until a proper evaluation was conducted, thus allowing the court to correct its earlier mistake.

Clearly, the district court erred by releasing petitioner without performing its statutory duty. The only question left to be answered is whether the district court may now correct its mistake.

Conclusion

The court denied the writ of prohibition, affirming that the district court had the authority to proceed with the psychiatric examination and that the stay of proceedings was lifted.

IT IS THEREFORE THE ORDER OF THIS COURT that the writ of prohibition be DENIED.

Who won?

The State prevailed in this case as the court upheld the district court's jurisdiction to require a psychiatric examination, emphasizing the importance of public safety and the statutory requirements.

The mandatory language of Section 1161 requires that the district court have jurisdiction until it is determined that the acquittee is not a threat to himself or others.

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