finding prosecutor’s theory of how victim died was not inflammatory speculation, but rather a reasonable inference from the evidence
How later courts described this case
- finding prosecutor’s theory of how victim died was not inflammatory speculation, but rather a reasonable inference from the evidence
- allowing victim impact witness to speculate that the defendant looked into the victim's "big, beautiful brown eyes" before killing her was error, albeit harmless
- argument that appellant was "an evil monster" trying to kill victim, and that his eyes reflected "stone cold evil" were proper comments based on evidence
- Evidence supported a finding that Hooper shot Tonya because he sought to avoid arrest or prosecution for Cindy's murder. Cindy's murder, although contemporaneous in time and place, provided a sufficient predicate crime.
Written by the judges who cited it.
The opinion
LANE, Judge,
concurring in results.
I concur in results by reason of stare deci-sis. I still maintain that 22 O.S.Supp.1996, § 984-984.2 does not apply during the second stage of a Murder in the First Degree trial. Only 21 O.S.Supp.1996, § 701.10 applies. *1117 See my special vote in Ledbetter v. State, 933 P.2d 880, 902-03 (Okl.Cr.1997).