# Walker v. State

> Court of Criminal Appeals of Oklahoma · July 22, 1986 · 723 P.2d 273

URL: https://www.frixlaw.com/law-library/cases/9577658

## Case

- **Full name:** Gary Alan WALKER, A/K/A Gary Alan Edwards, Appellant, v. STATE of Oklahoma, Appellee
- **Court:** Court of Criminal Appeals of Oklahoma
- **Decided:** July 22, 1986
- **Citations:** 723 P.2d 273; 1986 OK CR 116; 1986 Okla. Crim. App. LEXIS 306
- **Precedential status:** Published
- **Opinion:** Concurrence by Brett
- **Judges:** Parks, Brett, Bussey
- **Cited by:** 97 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/9577658

## How later opinions describe it (automated extraction)

- explaining that Oklahoma subscribes to the “minority view” of first-degree manslaughter that requires both heat of passion and no design to effect death
- stating "[the heat of passion must render the mind incapable of forming a design to effect death before the defense of manslaughter is established;"

## Opinion text

BRETT, Judge,
specially concurring.
I agree that the judgment and sentence in this case should be affirmed. However, I am of the opinion that a proportionality review of death sentences is unnecessary. Such was our holding in Foster v. State, 714 P.2d 1031 (Okl.Cr.1986) and Ross v. State, 717 P.2d 117 (Okl.Cr.1986) which were decided subsequent to Green v. State, 713 P.2d 1032 (Okl.Cr.1985).

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9577658. Public record. Not legal advice.