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The explicit prohibition that you are referring to: is it explicit in the law written by the legislature or made explicit by prior case law (i.e., judicial inte
by biomcgary 3y ago
The explicit prohibition that you are referring to: is it explicit in the law written by the legislature or made explicit by prior case law (i.e., judicial interpretation)? I'm curious because I've heard arguments for and against common law that this seems relevant to, if the latter.
- mulmen 3y agoFrom GavinMcG's (currently top) comment [1] in this thread: > The statute in question ([0] – see (D)(8)) says the court may not consider the merits or grant relief unless there are facts or legal rationales that could not have been raised earlier. The court isn't empowered to do something just because two parties agree. [0] https://casetext.com/statute/oklahoma-statutes/title-22-criminal-procedure/uniform-post-conviction-procedure-act/section-1089-capital-cases-post-conviction-relief-grounds-for-appeal https://casetext.com/statute/oklahoma-statutes/title-22-crim... [1] https://news.ycombinator.com/item?id=35780147 https://news.ycombinator.com/item?id=35780147
- biomcgary 3y agoThank you, I missed that.