# Garrison v. State

> Court of Criminal Appeals of Oklahoma · November 30, 2004 · 75 O.B.A.J. 3147

URL: https://www.frixlaw.com/law-library/cases/9796710

## Case

- **Full name:** Wayne Henry GARRISON, Appellant v. STATE of Oklahoma, Appellee
- **Court:** Court of Criminal Appeals of Oklahoma
- **Decided:** November 30, 2004
- **Citations:** 75 O.B.A.J. 3147; 103 P.3d 590; 2004 OK CR 35; 2004 Okla. Crim. App. LEXIS 37; 2004 WL 2775484
- **Precedential status:** Published
- **Opinion:** Dissent by Chapel
- **Judges:** Lumpkin, Johnson, Lile, Strubhar, Chapel
- **Cited by:** 29 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/9796710

## How later opinions describe it (automated extraction)

- 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
- discussing autopsy "Y" incision

## Opinion text

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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9796710. Public record. Not legal advice.