Opinion

Lewis v. State

  • 970 P.2d 1158
  • 1998 OK CR 24
  • 1998 WL 172825
Court
Court of Criminal Appeals of Oklahoma
Filed
Feb 3, 1999
Status
Published
Author
Lumpkin
On the bench
Strubhar, Chapel, Lane, Johnson, Lumpkin
Cited by
51 cases
Authority
More cited than 6.5%

holding the defendant had a reasonable opportunity for passion to cool where defendant’s realization that victim was involved with other men did not occur in close time proximity to rage spurring his actions

How later courts described this case

  • holding the defendant had a reasonable opportunity for passion to cool where defendant’s realization that victim was involved with other men did not occur in close time proximity to rage spurring his actions
  • treating manslaughter as lesser included offense of first degree murder, but rejecting claim that second degree murder is lesser included offense of first degree murder
  • finding defendant had reasonable opportunity to cool down between learning of victim’s infidelity to him and murder of victim
  • insufficient provocation existed to warrant instructing jury on first degree manslaughter when provoking event did not occur in close proximity to killing, and defendant had reasonable opportunity to cool down

Written by the judges who cited it.

The opinion

LUMPKIN, Judge,

specially concur.

¶ 1 I concur in the Court’s excellent opinion affirming the judgment and sentence in this case.

¶ 2 However, it should be noted the criteria set out in Strickland v. Washington, 466 *1177 U.S. 668 , 104 S.Ct. 2052 , 80 L.Ed.2d 674 (1984), for evaluating effectiveness of counsel has been further explained in Lockhart v. Fretwell, 506 U.S. 364 , 113 S.Ct. 838 , 122 L.Ed.2d 180 (1993). Applying the Lockhart standard, the record is void of any evidence the trial was rendered unfair and the verdict rendered suspect or unreliable.

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.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.