Opinion

Holliday v. State

  • 755 P.2d 124
  • 1988 OK CR 105
  • 1988 Okla. Crim. App. LEXIS 101
  • 1988 WL 51823
Court
Court of Criminal Appeals of Oklahoma
Filed
May 20, 1988
Status
Published
Author
Parks
On the bench
Bussey, Brett, Parks
Cited by
6 cases
Authority
More cited than 5.3%

The opinion

PARKS, Judge,

specially concurring:

I agree that appellant’s conviction should be affirmed but choose to comment on the improper comments made by the prosecutor. The prosecutor stated that appellant’s testimony made “him a liar.” Clearly, the comment was improper; however, no objection was made by defense counsel, therefore we may review only for fundamental error. Tart v. State, 634 P.2d 750 (Okla.Crim.App.1981).

This Court has repeatedly held that although the prosecutor may comment on the evidence and draw logical inferences therefrom, he cannot inject his personal opinion or beliefs by speculating as to the truthfulness of the defendant. Henderson v. State, 695 P.2d 879, 883 (Okla.Crim.App.1985); Lewis v. State, 569 P.2d 486, 489 (Okla.Crim.App.1977). While the comments made in the present case were improper, I cannot say that they rose to the level of fundamental error. Accordingly, I concur.

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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