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DUTTON v. DIXON

No. P-88-56.

757 P.2d 376 (1988)

Lonnie Joe DUTTON, Petitioner, v. The Honorable Bryan DIXON, Oklahoma County District Judge, Respondent.

Court of Criminal Appeals of Oklahoma.

May 25, 1988.

Attorney(s) appearing for the Case

James W. Berry, Berry, Berry & Johnson, Oklahoma City, for petitioner.

Ray C. Elliott, Asst. Dist. Atty., Kayce Gisinger, Legal Intern, Oklahoma City, for respondent.

Robert H. Henry, Atty. Gen., David W. Lee, Chief, Criminal/Federal Div., Sandra D. Howard, Asst. Atty. Gen., amicus curiae.

OPINION

PARKS, Judge:

On January 26, 1988, petitioner filed an application for a writ of prohibition and/or mandamus to prevent the Honorable Respondent from conducting a capital resentencing trial under 21 O.S.Supp. 1985, § 701.13(E)(2), in Oklahoma County District Court, Case No. CRF-79-105. On January 27, 1988, this Court stayed the proceedings and directed a response from the Honorable Respondent or his...

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