# Eizember v. State

> Court of Criminal Appeals of Oklahoma · August 10, 2007 · 164 P.3d 208

URL: https://www.frixlaw.com/law-library/cases/9788461

## Case

- **Full name:** Scott James EIZEMBER, Appellant v. STATE of Oklahoma, Appellee
- **Court:** Court of Criminal Appeals of Oklahoma
- **Decided:** August 10, 2007
- **Citations:** 164 P.3d 208; 2007 OK CR 29; 2007 WL 2142304
- **Precedential status:** Published
- **Opinion:** Concurring in part by Johnson
- **Judges:** Lumpkin, Johnson, Lewis, Chapel
- **Cited by:** 11 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9788461

## How later opinions describe it (automated extraction)

- stating pre-trial questionnaire cannot trump the actual voir dire
- noting that the statutory language is readily understandable

## Opinion text

A. JOHNSON, J.,
Concurring in Part and Dissenting in Part.
T1 I join Judge Chapel's opinion concurring in part and dissenting in part. I concur in affirming Eizember's convictions. I also concur in affirming his sentences on Counts I and Counts III through VI. Because jurors admittedly biased toward the imposition of death sat on his jury, however, I eannot affirm his sentence to death. I would remand this case for resentencing on Count II-First Degree Malice Murder.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9788461. Public record. Not legal advice.