Opinion

Garrison v. State

  • 75 O.B.A.J. 3147
  • 103 P.3d 590
  • 2004 OK CR 35
  • 2004 Okla. Crim. App. LEXIS 37
  • 2004 WL 2775484
Court
Court of Criminal Appeals of Oklahoma
Filed
Nov 30, 2004
Status
Published
Author
Chapel
On the bench
Lumpkin, Johnson, Lile, Strubhar, Chapel
Cited by
29 cases

reversing death sentence based upon appellate ineffective assistance, for failure to adequately present seemingly meritorious claim of ineffective assis *224 tance of trial counsel regarding second-stage mitigation case

How later courts described this case

  • reversing death sentence based upon appellate ineffective assistance, for failure to adequately present seemingly meritorious claim of ineffective assis *224 tance of trial counsel regarding second-stage mitigation case
  • applying Spuehler v. State, 709 P.2d 202, 203-04 (Okla.Crim.App.1985), which applied Jackson
  • reviewing trial court's ruling on closing argument objections for an abuse of discretion.
  • No trial will be reversed on the allegations of prosecutorial misconduct “unless the cumulative effect was such to deprive the defendant of a fair trial.”

Written by the judges who cited it.

The opinion

CHAPEL, J.,

DISSENTING.

T1 I find the evidence presented, which was entirely circumstantial, to be insufficient to convict Garrison of first degree murder beyond a reasonable doubt irrespective of whether the "reasonable hypothesis" standard or the "Spuehler" standard is used. Therefore, I would reverse the conviction.

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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