Opinion

Jones v. State

  • 134 P.3d 150
  • 2006 OK CR 17
  • 2006 Okla. Crim. App. LEXIS 16
  • 2006 WL 1061949
Court
Court of Criminal Appeals of Oklahoma
Filed
Apr 24, 2006
Status
Published
Author
Johnson
On the bench
Chapel, Johnson, Lewis, Lumpkin
Cited by
29 cases

prohibiting counsel from asking if prospective juror would "automatically" impose the death penalty and not consider life sentence options if defendant is convicted of multiple counts of first-degree murder "is reversible error"

How later courts described this case

  • prohibiting counsel from asking if prospective juror would "automatically" impose the death penalty and not consider life sentence options if defendant is convicted of multiple counts of first-degree murder "is reversible error"
  • juror who acknowledged she would sentence defendant to death if he were convicted of two counts of first-degree murder should have been excused "for cause"
  • “The essential difference between First and Second Degree Murder is intent to kill.”
  • lesser included instructions should be given if supported by the evidence

Written by the judges who cited it.

The opinion

A. JOHNSON, Judge,

concurs:

¶ 1 I concur in the opinion and write separately only in response to the position set forth in note 19.

¶ 2 There is no doubt that jury questionnaires and individual voir dire, when properly employed, are important tools in creating the right jury to decide a particular case. Certainly the use of those tools should be favored in all capital cases where a mistake is costly to remedy, if it can be remedied at all.

¶ 3 I believe, however, that the exact process of fitting a jury to a particular case is best left to the trial court and its consideration of the available venire on the one hand, and the circumstances of the ease for trial on the other. I would not agree, therefore, that individual sequestered voir dire should be mandated in every capital case.

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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