stating that "a cautionary instruction ... which advises the jury regarding the factors to be considered" is necessary in certain circumstances
How later courts described this case
- stating that "a cautionary instruction ... which advises the jury regarding the factors to be considered" is necessary in certain circumstances
- Oklahoma has adopted a Telfaire-]ike pattern jury instruction. This case held that in cases where the eyewitness identification is a critical element of the prosecution’s case and serious questions exist concerning the reliability of that identification, the cautionary instruction should be given
Written by the judges who cited it.
The opinion
BUSSEY, Presiding Judge,
dissenting:
I must respectfully dissent. I do not believe that a cautionary eyewitness identification should be given under any circumstances. If the identification is admissible, the weight and credibility to be given the testimony of the testifying witness is for the jury’s determination, and the giving of such an instruction tends to invade the province of the jury.