# Malaske v. State

> Court of Criminal Appeals of Oklahoma · April 21, 2004 · 75 O.B.A.J. 1498

URL: https://www.frixlaw.com/law-library/cases/9795284

## Case

- **Full name:** John William MALASKE, Appellant v. STATE of Oklahoma, Appellee
- **Court:** Court of Criminal Appeals of Oklahoma
- **Decided:** April 21, 2004
- **Citations:** 75 O.B.A.J. 1498; 89 P.3d 1116; 2004 OK CR 18; 2004 Okla. Crim. App. LEXIS 21; 2004 WL 842436
- **Precedential status:** Published
- **Opinion:** Dissent by Strubhar
- **Judges:** Lumpkin, Johnson, Lile, Chapel, Strubhar
- **Cited by:** 16 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/9795284

## Opinion text

STRUBHAR, J.,
dissenting.
¶ 1 I dissent. I find merit in Proposition III. The prosecutor, in his closing arguments, made a continuing series of improper arguments. The prosecutor’s confrontational and bullying approach directed towards the defense attorney was not only inappropriate but absurd; however, when the defense counsel objected, the trial court improperly overruled the objection. Additionally, the prosecutor misstated the law on several significant occasions. These errors cannot be considered harmless. I would reverse and remand for a new trial.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9795284. Public record. Not legal advice.