Opinion

Stout v. State

  • 62 O.B.A.J. 2749
  • 817 P.2d 737
  • 1991 OK CR 98
  • 1991 Okla. Crim. App. LEXIS 107
  • 1991 WL 180598
Court
Court of Criminal Appeals of Oklahoma
Filed
Sep 11, 1991
Status
Published
Author
Parks
On the bench
Lane, Lumpkin, Brett, Johnson, Parks
Cited by
14 cases
Authority
More cited than 5.6%

remanding for new sentencing hearing in capital case

How later courts described this case

  • remanding for new sentencing hearing in capital case
  • defendant killed his sister and her husband

Written by the judges who cited it.

The opinion

PARKS, Judge, specially

concurring:

It continues to be the opinion of this writer that the so-called “anti-sympathy” instruction in the second stage of trial is unnecessary and confusing to the jury where mitigating evidence has been introduced. See Fox v. State, 779 P.2d 562, 579 (Okl.Cr.1989) (Parks, P.J., concurring in part/dissenting in part). As a matter of stare decisis, however, I must yield my view to that of the majority of this Court.

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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