Opinion

Bernay v. State

  • 70 O.B.A.J. 3659
  • 989 P.2d 998
  • 1999 OK CR 37
  • 1999 Okla. Crim. App. LEXIS 77
  • 1999 WL 809092
Court
Court of Criminal Appeals of Oklahoma
Filed
Dec 7, 1999
Status
Published
On the bench
Johnson
Cited by
29 cases
Authority
More cited than 6.4%

The opinion

ORDER DENYING REHEARING AND MOTION TO CORRECT OPINION AND DIRECTING ISSUANCE OF MANDATE

¶ 1 Appellant, John Camp Bernay, has filed his Petition For Rehearing and Motion To Correct Opinion requesting this Court to grant rehearing because some questions decisive of the case and duly submitted by the attorney of record were overlooked by the Court and the decision in Bernay v. State, 1999 OK CR 37 , 989 P.2d 998 , affirming his conviction and sentence of death for the crime of Murder in the First Degree, malice aforethought, is contrary to controlling authority. Additionally, Petitioner requests this Court to correct its opinion to accurately reflect the record.

¶ 2 We have considered the purported irregularities as to the facts and law. Although there may be some minor irregularities as to the facts, the facts are basically correct. However, none of the purported irregularities change the opinion of the Court as to affirming the judgment and sentence. Therefore, we FIND that Appellant’s Petition For Rehearing and Motion To Correct Opinion, should be, and the same are hereby DENIED. The Clerk of the Court is directed to issue the Mandate herein.

¶ 3 IT IS SO ORDERED.

¶ 4 WITNESS OUR HANDS AND THE SEAL OF THIS COURT this 7th day of December, 1999.

/s/ Reta M. Strubhar RETA M. STRUBHAR, Presiding Judge

/s/ Gary L. Lumpkin, concurs in results GARY L. LUMPKIN, Vice Presiding Judge

/s/ Charles A. Johnson CHARLES A. JOHNSON, Judge

/s/ Charles S. Chapel CHARLES S. CHAPEL, Judge

/s/ Steve Lile, concurs in results STEVE LILE, Judge

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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