Opinion

Blonner v. State

  • 127 P.3d 1135
  • 2006 OK CR 1
Court
Court of Criminal Appeals of Oklahoma
Filed
Jan 5, 2006
Status
Published
Author
Lewis
On the bench
Chapel, Johnson, Lumpkin, Lewis
Cited by
23 cases

stating that if the pretrial hearing results in a finding of no intellectual disability, “[t]he issue of mental retardation shall not be relitigated at the capital first degree murder trial”

How later courts described this case

  • stating that if the pretrial hearing results in a finding of no intellectual disability, “[t]he issue of mental retardation shall not be relitigated at the capital first degree murder trial”
  • directing jury trial on issue of mental retardation to be conducted pursuant to *490 dictates of Okla. Const. art. II, § 19
  • directing jury trial on issue of mental retardation to be conducted pursuant to dictates of Okla. Const. art. II, § 19
  • discussing procedure for resolving Atkins defense

Written by the judges who cited it.

The opinion

LEWIS, Judge,

Specially concurs.

¶ 1 I concur with the result; however the state should not lose its option of seeking the bill of particulars if the jury cannot agree on a verdict in the mental retardation trial. I would require that another jury be impaneled on this issue.

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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