finding that any error arising from failure to redact from videotape of detective's interrogation of child-victim's mother the detective's comment that victim had broken leg was cured when prosecutor elicited testimony from detective on direct examination that he mistakenly thought doctors said victim had broken leg
How later courts described this case
- finding that any error arising from failure to redact from videotape of detective's interrogation of child-victim's mother the detective's comment that victim had broken leg was cured when prosecutor elicited testimony from detective on direct examination that he mistakenly thought doctors said victim had broken leg
- finding that where record does not set out Oklahoma's lethal injection protocol, an appellant's claim of Eighth Amendment violation based on reference to pancuronium bromide and "two other" drugs and supported by newspaper articles is speculative "at best"
- holding admissible a girlfriend's testimony that during the two weeks before the victim's murder the defendant had requested and been denied anal sex where defendant had been charged with anal rape and murder of a young girl
- holding that failure to object to jury instruction waives all but plain error review
Written by the judges who cited it.
Later courts went against this
Overruled on other grounds by TAYLOR v. STATE, 419 P.3d 265 (2018)
See Warner v. State, 2006 OK CR 40, ¶ 14, 144 P.3d 838, 858, overruled on other grounds in Taylor v. State, 2018 OK CR 6, 419 P.3d 265 (reviewing juror misconduct claim for plain error where defense counsel at the hearing on the motion for new trial presented no evidence, or even argument, in support of the affidavits attached to said motion).
The opinion
CHAPEL, Presiding Judge,
concur in results.
¶ 1 I concur in this decision by reason of stare decisis. See my separate writings in Gore v. State, 2005 OK CR 14 , 119 P.3d 1268 ; Fairchild v. State, 1999 OK CR 49 , 992 P.2d 350 and Easlick v. State, 2004 OK CR 21 , 90 P.3d 556 .