Opinion

Mollett v. State

  • 68 O.B.A.J. 1675
  • 939 P.2d 1
  • 1997 OK CR 28
  • 1997 Okla. Crim. App. LEXIS 31
  • 1997 WL 211796
Court
Court of Criminal Appeals of Oklahoma
Filed
Apr 30, 1997
Status
Published
Author
Lane
On the bench
Johnson, Chapel, Lumpkin, Strubhar, Chapel'S, Lane
Cited by
40 cases
Authority
More cited than 6.2%

The opinion

LANE, Judge,

concurring in part/dissenting in part.

I concur in affirming the judgment in this case, but dissent to affirming the sentence. The victim impact evidence offered in this case consisted of a statement a sister of the deceased gave on behalf of herself and her younger sister and a statement prepared by her mother. The mother and the younger sister did not testify. Their statements are authorized by title 22, section 984, which in my opinion only authorizes this type of statement to be given to the judge at the time formal sentence is pronounced. It is not authorized to be given to the jury. In addition, the statements of the mother and younger sister were not subject to cross-examination. See, my special vote in Charm v. State, 924 P.2d 754, 773 (Okl.Cr.1996).

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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