Opinion

Pavatt v. State

  • 159 P.3d 272
  • 2007 OK CR 19
  • 2007 Okla. Crim. App. LEXIS 19
  • 2007 WL 1347818
Court
Court of Criminal Appeals of Oklahoma
Filed
May 8, 2007
Status
Published
Author
Chapel
On the bench
Viee-Presiding, Lumpkin, Johnson, Lewis, Chapel, Coneurs
Cited by
60 cases

Mach distinguished where comments isolated, not based on specialized knowledge, and State's case not dependent on credibility of victim

How later courts described this case

  • Mach distinguished where comments isolated, not based on specialized knowledge, and State's case not dependent on credibility of victim
  • trial court considered cireumstances suggesting exculpatory matters asserted in hearsay statement were recently fabricated, and properly excluded the statement
  • trial court considered circumstances suggesting exculpatory matters asserted in hearsay statement were recently fabricated, and properly excluded the statement
  • "A confession tends to be more trustworthy if it provides hitherto-unknown facts which are not only verifiable, but also consistent with known facts."

Written by the judges who cited it.

The opinion

CHAPEL, Judge,

Concurs In Part/Dissents In Part:

T 1 I concur in affirming the conviction for First Degree Murder (Count 1) and I concur in affirming the death sentence for that crime. However, I would reverse and dismiss the Conspiracy (Count 2) conviction, as I believe it to violate the double jeopardy clauses of both the State and Federal Constitutions.

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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