Opinion

Miller v. State

  • 29 P.3d 1077
  • 2001 OK CR 17
  • 2001 WL 686946
Court
Court of Criminal Appeals of Oklahoma
Filed
Aug 17, 2001
Status
Published
Author
Lile
On the bench
Lumpkin, Johnson, Strubhar, Chapel, Lile
Cited by
17 cases

finding lack of Cargle instruction made it impossible to find errors in admission of prejudicial victim impact testimony were harmless

How later courts described this case

  • finding lack of Cargle instruction made it impossible to find errors in admission of prejudicial victim impact testimony were harmless
  • emphasizing the Court will "apply a strong presumption that counsel's conduct falls within the wide range of reasonable professional assistance."
  • noting the importance of using the Cargle instructions when victim impact evidence is borderline or crosses over the line of what can be considered permissible.
  • discussing Strickland in depth

Written by the judges who cited it.

The opinion

LILE, Judge:

Dissents.

T1 I find the trial judge's handling of the victim impact evidence to have been proper. The fact that two of the victim's family members felt the death sentence was the appropriate sentence was properly admitted under 22 0.8.1991, $ 984, which plainly provides for admission of "the victim's opinion of a recommended sentence." The improper amplification of that sentence was not objected to by Appellant's trial counsel and any error was waived. Further, defense counsel did not request a Cargle instruction and any error in that regard is waived, under the facts of this case.

T 2 I believe that the trial judge's handling of Juror Murphy was proper. The trial court offered the attorneys the opportunity to participate in the in camera hearing and that opportunity was declined.

T8 Concerning the issue of incompetency of trial counsel I point out that the trial judge has provided a comprehensive and thorough order setting forth Findings of Fact and Conclusions of Law Following Evi-dentiary Hearing, one of the best I have seen. I agree with its conclusions. I would affirm.

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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