United States District Court, E.D. Oklahoma
JACK A. LOWE, Petitioner,
CARL BEAR, Warden, Respondent.
OPINION AND ORDER
H. Payne United States District Judge Eastern District of
action is before the Court on Respondent's motion to
dismiss Petitioner's petition for a writ of habeas
corpus. (Dkt. 7). Petitioner is a pro se prisoner in the
custody of the Oklahoma Department of Corrections who is
incarcerated at Joseph Harp Correctional Center in Lexington,
Oklahoma. He is attacking his convictions and sentences in
two Adair County, Oklahoma, District Court Cases:
Case No. CF-97-166: First Degree Rape by
Instrumentation, After Former Conviction of Two Felonies,
with a sentence of 200 years and one day of imprisonment.
Case No. CF-97-126: First Degree Burglary
(Count 1) with sentence of 20 years' imprisonment, and
Lewd Molestation (Count 2) with a sentence of life
raises three grounds for relief, however, he fails to explain
the claims' connections to his separate convictions:
Ground I: Due process and equal protection
rights were violated by procedural bars and refusal to allow
Ground II: State court proceedings violated
mentally incompetent petitioner's rights under the
Americans with Disabilities Act.
Ground III: Criminal Appeals Court's
orders are contrary to federal law and Supreme Court
opinions, and the orders imposed punishment for his frivolous
filings without evidence or trial.
Judgment and Sentence in No. CF-97-166 was affirmed by the
Oklahoma Court of Criminal Appeals (OCCA) on October 27,
1999, in No. F-98-998. (Dkt. 8-1). On October 16, 2000, he
filed an application for post-conviction relief in the Adair
County District Court, which was denied on October 31, 2000.
(Dkt. 8-3). He did not appeal the denial.
August 25, 2008, Petitioner filed a petition for a writ of
habeas corpus pursuant to 28 U.S.C. § 2254, challenging
this conviction and sentence in the Western District of
Oklahoma. (Dkt. 8-4). The petition was transferred to this
Court which assigned it No. CIV 08-436-RAW-KEW and dismissed
the action on January 14, 2010, as barred by the statute of
limitations (Dkt. 8-5).
October 17, 2014, Petitioner filed in the Adair County
District Court another application for post-conviction
relief, challenging his conviction and sentence, along with
several motions. (Dkts. 8-6, 8-8 at 1). On July 7, 2016, he
filed in the Adair County District Court yet another
application for post-conviction relief, combining claims that
challenged his convictions and sentences in both No.
CF-97-166 and No. CF-97-126, and reiterating claims from the
2014 post-conviction application. (Dkt. 8-7). On May 30,
2017, the state district court denied Petitioner's
requests for relief. (Dkt. 8-8).
appealed his Judgment and Sentence in No. CF-97-126. On
September 21, 2001, the OCCA affirmed the Judgment and
Sentence for Count 1 in No. F-2000-897. (Dkt. 8-2). The
Judgment for Count 2 was modified from Rape in the First
modified from a 1, 000-year sentence to life imprisonment to
run consecutively with his 20-year sentence in Count 1.
29, 2003, Petitioner filed an application for post-conviction
relief in the state district court, alleging ineffective
assistance of trial and appellate counsel. The application
was denied on October 12, 2004 (Dkt. 8-9), and on December