# Kiser v. State

> Court of Criminal Appeals of Oklahoma · November 22, 1989 · 782 P.2d 405

URL: https://www.frixlaw.com/law-library/cases/9538001

## Case

- **Full name:** Daniel C. KISER, Appellant, v. the STATE of Oklahoma, Appellee
- **Court:** Court of Criminal Appeals of Oklahoma
- **Decided:** November 22, 1989
- **Citations:** 782 P.2d 405; 1989 WL 132371
- **Precedential status:** Published
- **Opinion:** Concurrence by Lumpkin
- **Judges:** Lane, Brett, Parks, Lumpkin, Johnson
- **Cited by:** 17 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9538001

## Opinion text

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).

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9538001. Public record. Not legal advice.