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.