holding that to demonstrate entitlement to hearing challenging validity of search warrant, defendant must make substantial preliminary showing that affiant's statement contained in warrant application affidavit was false, and that statement was made knowingly and intentionally, or with reckless disregard for the truth, and that the allegedly false statement was necessary for the finding of probable cause
How later courts described this case
- holding that to demonstrate entitlement to hearing challenging validity of search warrant, defendant must make substantial preliminary showing that affiant's statement contained in warrant application affidavit was false, and that statement was made knowingly and intentionally, or with reckless disregard for the truth, and that the allegedly false statement was necessary for the finding of probable cause
- finding prosecutor's request for jurors to remember that last person the victim saw was the defendant and the last sound the victim heard was sound of thunder from gun did not rise to the level of plain error
- stating that “[f|elony murder, with robbery with a dangerous weapon as the underlying predicate crime, is a general intent crime.”
Written by the judges who cited it.
The opinion
LILE, J.:
Coneurs In Part/Dissents in Part
1 1 I concur in affirming the conviction and sentence for First Degree Murder. I cannot agree that the judgment and sentence for Felonious Possession of a Firearm should be reversed. The trial court took proper remedial action concerning the error in Instruction No. 14, and I find the error harmless. Simpson v. State, 1994 OK CR 40 , 876 P.2d 690 .