# Abshier v. State

> Court of Criminal Appeals of Oklahoma · May 24, 2001 · 72 O.B.A.J. 1819

URL: https://www.frixlaw.com/law-library/cases/9782588

## Case

- **Full name:** Steven Lynn ABSHIER, Appellant, v. STATE of Oklahoma, Appellee
- **Court:** Court of Criminal Appeals of Oklahoma
- **Decided:** May 24, 2001
- **Citations:** 72 O.B.A.J. 1819; 28 P.3d 579; 2001 OK CR 13; 2001 Okla. Crim. App. LEXIS 12; 2001 WL 549450
- **Precedential status:** Published
- **Opinion:** Concurrence by Strubhar
- **Judges:** Lile, Lumpkin, Johnson, Chapel, Strubhar, Results
- **Cited by:** 20 later opinions in the Frix Law Library

## Citator (automated)

- **Red flag:** Overruled in part, on other grounds by Jones v. State, 2006 Okla. Crim. App. LEXIS 16 (2006).
- Negative treatments: 1
- Distinguished by: 0
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9782588

## How later opinions describe it (automated extraction)

- concluding that the State’s expert witness could testify that a child was conscious and crying during beating from defendant based upon his experience and studies
- recognizing defense counsel's duty to investigate mitigating evidence in capital case

## Opinion text

STRUBHAR, J.,
CONCURS IN RESULTS:
«[ 1 Based on the doctrine of stare decisis, I concur in the results reached by the Court in this case. I continue to believe that First Degree Murder By Child Abuse is and should be a specific intent crime as I expressed in Fairchild v. State, 1998 OK CR 47 , 965 P.2d 891 , 408 (Lane, J. dissenting joined by Strubhar, V.P.J.), opinion withdrawn and rehearing granted, 1999 OK CR 80 , 992 P.2d 349 , followed by opinion on rehearing, 1999 OK CR 49 , 998 P.2d 611 (Strubhar, P.J. dissenting). I further maintain that a culpability assessment, i.e. a finding of intentional harm, must be made at some point in the process for the death penalty to be constitutionally sound in capital child abuse murder cases even if the defendant is the actual killer. See Tison v. Arizona, 481 U.S. 137 , 107 S.Ct. 1676 , 95 L.Ed.2d 127 (1987); Enmund v. Florida, 458 U.S. 782 , 102 S.Ct. 3368 , 73 L.Ed.2d 1140 (1982). However, I yield to the majority here and agree that Steven Lynn Abshier's death sentence is valid based on the culpability assessment performed by the Court regardless of whether he committed or permitted the child abuse that led to Ashley Nicole Abshier's death.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9782588. Public record. Not legal advice.