# Wallace v. State

> Court of Criminal Appeals of Oklahoma · March 18, 1997 · 68 O.B.A.J. 1175

URL: https://www.frixlaw.com/law-library/cases/9789836

## Case

- **Full name:** George Kent WALLACE, Petitioner, v. the STATE of Oklahoma, Respondent
- **Court:** Court of Criminal Appeals of Oklahoma
- **Decided:** March 18, 1997
- **Citations:** 68 O.B.A.J. 1175; 935 P.2d 366; 1997 OK CR 18; 1997 Okla. Crim. App. LEXIS 18; 1997 WL 124244
- **Precedential status:** Published
- **Opinion:** Concurrence by Chapel
- **Judges:** Lumpkin, Chapel, Johnson, Strubhar, Lane
- **Cited by:** 41 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/9789836

## Opinion text

CHAPEL, Presiding Judge,
concurring:
I concur in the Court’s decision denying Wallace’s Application. Traditionally in Oklahoma, on post-conviction review, a defendant has received the benefit of intervening changes in the law. The revised post-conviction statute changed that general rule. 9 Moreover, this Court has recently determined that the issue of the appropriate standard for determination of competency under Cooper v. Oklahoma 10 is not a new rule of constitutional law. 11 Therefore procedural bars may apply to these claims on post-eonviction. Our resolution of Wallace’s Proposition V acutely illustrates the harsh result which may occur when the principle of finality of judgment is applied. However, our new post-conviction statute dictates the strict application of that principle.
. 22 O.S.Supp.1995, § 1089(D)(9)(a) & (b).
. - U.S. -, 116 S.Ct. 1373 , 134 L.Ed.2d 498 (1996).
. Walker v. State, 933 P.2d. 327 , 339 — 41 (1997).

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9789836. Public record. Not legal advice.