# McCormick v. State

> Court of Criminal Appeals of Oklahoma · January 12, 1993 · 64 O.B.A.J. 96

URL: https://www.frixlaw.com/law-library/cases/9560581

## Case

- **Full name:** Michael McCORMICK, Appellant, v. STATE of Oklahoma, Appellee
- **Court:** Court of Criminal Appeals of Oklahoma
- **Decided:** January 12, 1993
- **Citations:** 64 O.B.A.J. 96; 845 P.2d 896; 1993 OK CR 6; 1993 Okla. Crim. App. LEXIS 2; 1993 WL 4200
- **Precedential status:** Published
- **Opinion:** Concurrence by Lumpkin
- **Judges:** Lane, Vice-Presiding, Brett, Johnson, Lumpkin
- **Cited by:** 48 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/9560581

## How later opinions describe it (automated extraction)

- finding that quoted instruction "would not have been inappropriate in this instance"
- noting first degree manslaughter is a lesser included offense of the crime of first degree murder

## Opinion text

LUMPKIN, Vice-Presiding Judge:
concurring in results.
I concur in the results reached by the court and agree that 21 O.S.Supp.1987, § 701.9 requires a bifurcated trial only when the death penalty is sought by the State. However, I cannot join in an analysis of “heat of passion”, as it applies to Oklahoma statutes and jurisprudence when the discussion is supported only by federal caselaw interpreting federal statutes. The issue raised requires interpretation of Oklahoma statutes and prior decisions of this Court. While those decisions may embrace concepts which require analysis of federal constitutional law, we should not abdicate the responsibility or necessity to address independent State questions based on an interpretation of our State statutes.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9560581. Public record. Not legal advice.