noting that hearsay statements outside of recognized exceptions are "just as inadmissible in a victim impact statement as [they are] in any other form of evidence presented at trial"
How later courts described this case
- noting that hearsay statements outside of recognized exceptions are "just as inadmissible in a victim impact statement as [they are] in any other form of evidence presented at trial"
- recognizing Oklahoma's legislative authorization of victim sentencing recommendations and finding no general constitutional ban to such testimony
- remanding for new capital sentencing based upon admission of improper victim impact evidence, "as we cannot say the introduction of the evidence in this particular case was harmless beyond a reasonable doubt"
- "Payne also implicitly overruled 'that portion of Booth regarding characterizations of the defendant and opinions of the sentence."
Written by the judges who cited it.
The opinion
STRUBHAR, Vice Presiding Judge,
concurring in result:
I concur in result and join with Judge Lane in his Opinion.