Opinion

Pickens v. State

  • 72 O.B.A.J. 388
  • 19 P.3d 866
  • 2001 OK CR 3
  • 2001 Okla. Crim. App. LEXIS 2
  • 2001 WL 55450
Court
Court of Criminal Appeals of Oklahoma
Filed
Jan 24, 2001
Status
Published
Author
Lile
On the bench
Johnson, Strubhar, Lumpkin, Chapel, Lile
Cited by
36 cases
Authority
More cited than 11.0%

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 .

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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