# Warner v. State

> Court of Criminal Appeals of Oklahoma · September 26, 2006 · 144 P.3d 838

URL: https://www.frixlaw.com/law-library/cases/9786970

## Case

- **Full name:** Charles Frederick WARNER, Appellant v. STATE of Oklahoma, Appellee
- **Court:** Court of Criminal Appeals of Oklahoma
- **Decided:** September 26, 2006
- **Citations:** 144 P.3d 838; 2006 OK CR 40; 2006 WL 2788641
- **Precedential status:** Published
- **Opinion:** Concurrence by Lewis
- **Judges:** Lumpkin, Vice-Presiding, Johnson, Chapel, Lewis
- **Cited by:** 88 later opinions in the Frix Law Library

## Citator (automated)

- **Red flag:** Overruled on other grounds by TAYLOR v. STATE, 419 P.3d 265 (2018).
- Negative treatments: 1
- Distinguished by: 0
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9786970

## How later opinions describe it (automated extraction)

- 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 th…
- 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

## Opinion text

LEWIS, Judge,
concurs in results.
¶ 1 I am of the opinion that there were several errors in the handling of this trial. However, in view of the overwhelming evidence of guilt, I concur in the result.

---

Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9786970. Public record. Not legal advice.
