Opinion

Alverson v. State

  • 70 O.B.A.J. 1566
  • 983 P.2d 498
  • 1999 OK CR 21
  • 1999 Okla. Crim. App. LEXIS 50
  • 1999 WL 289423
Court
Court of Criminal Appeals of Oklahoma
Filed
May 6, 1999
Status
Published
Author
Lile
On the bench
Chapel, Vice-Presiding, Strubhar, Johnson, Lumpkin, Lile
Cited by
45 cases

holding that "allegations of prosecutorial misconduct do not warrant reversal of a conviction unless the cumulative effect was such to deprive the defendant of a fair trial"

How later courts described this case

  • holding that "allegations of prosecutorial misconduct do not warrant reversal of a conviction unless the cumulative effect was such to deprive the defendant of a fair trial"
  • listing “requirements” of avoid arrest aggravator as “(a) a predicate crime existed, apart from the murder, from which the defendant sought to avoid arrest/prosecution; and (b) the State presented evidence establishing the defendant’s intent to kill in order to avoid arrest/prosecution”
  • reaffirming Mun-son and holding that where separate verdict forms show jury finds both malice and felony murder, verdict will be interpreted as malice murder and underlying felonies may stand
  • noting that the defendant "must make a showing of need and show that he will be prejudiced by the lack of expert assistance"

Written by the judges who cited it.

The opinion

LILE, J.:

specially concurs.

¶ 1 I concur in the opinion. However, I believe that Exhibit No. 115 was properly admitted. This photo showed the extent of the cranial fracture and its probative value outweighs any unfair prejudice.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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