defendant affirmatively waived post-examination competency hearing by a jury when he withdrew motion for hearing and requested case proceed to preliminary hearing
How later courts described this case
- defendant affirmatively waived post-examination competency hearing by a jury when he withdrew motion for hearing and requested case proceed to preliminary hearing
Written by the judges who cited it.
The opinion
LUMPKIN, Justice,
specially concurring.
I concur in the Court’s decision in this case and write to address the discussion relating to the admissibility of the testimony of Barbara Ramey.
The Court determines that the testimony of Barbara Ramey regarding statements by the decedent are not admissible under 12 O.S.1981, § 2803(3). This treatment of the testimony disregards this Court’s previous decisions in Allen v. State, 675 P.2d 456 (Okl.Cr.1984); Spuehler v. State, 709 P.2d 202 (Okl.Cr.1985); and Lamb v. State, 767 P.2d 887 (Okl.Cr.1988). While I agree that this testimony did not affect the out *412 come of the trial, I also believe the testimony was admissible pursuant to 12 O.S.1981, § 2803(3).