Opinion

Smith v. State

  • 62 O.B.A.J. 2896
  • 819 P.2d 270
  • 1991 OK CR 100
  • 1991 Okla. Crim. App. LEXIS 109
  • 1991 WL 183167
Court
Court of Criminal Appeals of Oklahoma
Filed
Sep 20, 1991
Status
Published
Author
Parks
On the bench
Johnson, Lane, Lumpkin, Brett, Parks
Cited by
38 cases
Authority
More cited than 7.1%

noting that where same evidence "is used to establish multiple aggravating circumstances referring to the same aspect of a defendant or his crime, ... only one of the duplicated circumstances should be weighed against whatever mitigating factors the jury may consider"

How later courts described this case

  • noting that where same evidence "is used to establish multiple aggravating circumstances referring to the same aspect of a defendant or his crime, ... only one of the duplicated circumstances should be weighed against whatever mitigating factors the jury may consider"

Written by the judges who cited it.

The opinion

PARKS, Judge,

specially concurring:

Despite the fact that appellant neither objected to the second stage instructions nor submitted his own requested instructions, it continues to be the opinion of this writer that the so-called “anti-sympathy” instruction in the second stage is unnecessary and confusing to the jury where mitigating evidence has been introduced. See Fox v. State, 779 P.2d 562, 579 (Okl.Cr.1989) (Parks, P.J., concurring in part/dissenting in part). Furthermore, while this writer is “not presently prepared to abandon my opinion ■ regarding the validity of the ‘continuing threat’ aggravating circumstance,” I believe that more definitive guidance is needed. Boltz v. State, 806 P.2d 1117, 1126 (Okl.Cr.1991) (Parks, P.J., specially concurring). As a matter of stare decisis, however, I must yield to the majority view regarding these issues.

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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