Opinion

Burnett v. State

  • 760 P.2d 825
  • 1988 OK CR 161
  • 1988 Okla. Crim. App. LEXIS 175
  • 1988 WL 88112
Court
Court of Criminal Appeals of Oklahoma
Filed
Aug 18, 1988
Status
Published
Author
Parks
On the bench
Brett, Bussey, Parks
Cited by
5 cases

The opinion

PARKS, Judge,

specially concurring:

Although I concur, I cannot join that portion of the majority opinion, regarding appellant’s final assignment of error, to the extent it can be read to hold that the prosecution concealed Mr. Morgan’s prior conviction for armed robbery in Texas in 1974. Appellant has not cited any portion of the record to show that the prosecutor had knowledge of Mr. Morgan’s previous conviction prior to or during trial. See Rules of the Court of Criminal Appeals, Rule 3.5(A)(5), 22 O.S.1981, Ch. 18, App. Absent record support that the prosecutor knowingly failed to divulge the prior conviction of a key witness, appellant’s claim must be rejected.

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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