Opinion

Ochoa v. State

  • 69 O.B.A.J. 2672
  • 963 P.2d 583
  • 1998 OK CR 41
  • 1998 Okla. Crim. App. LEXIS 39
  • 1998 WL 344522
Court
Court of Criminal Appeals of Oklahoma
Filed
Jun 30, 1998
Status
Published
Author
Strubhar
On the bench
Chapel, Johnson, Strubhar, Lumpkin, Lane
Cited by
41 cases

holding some comments identified by Ochoa fell “within the broad parameters of effective advocacy and do not constitute error”

How later courts described this case

  • holding some comments identified by Ochoa fell “within the broad parameters of effective advocacy and do not constitute error”
  • “Under our case law, the killing of two people is sufficient to satisfy this aggravating circumstance.”
  • Brady places no obligation on government to conduct defendant's investigation or assist in the presentation of a defense
  • “[T]he State’s theory of the case was that Ochoa was the shooter and that Torres aided and abetted in the killings. The evidence supports this theory.”

Written by the judges who cited it.

The opinion

STRUBHAR, Vice Presiding Judge:

concurs in results.

¶ 1 I concur in results by reason of stare decisis. I maintain my disagreement with the majority and continue to agree with Judge Chapel as reflected in footnote 99. I believe that a jury should be informed on the definition of the sentence of life without the possibility of parole whenever the jury so asks for clarification.

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.