# Smith v. State

> Court of Criminal Appeals of Oklahoma · January 7, 2002 · 46 P.3d 136

URL: https://www.frixlaw.com/law-library/cases/9797395

## Case

- **Full name:** Kip Antonio SMITH, Appellant, v. STATE of Oklahoma, Appellee
- **Court:** Court of Criminal Appeals of Oklahoma
- **Decided:** January 7, 2002
- **Citations:** 46 P.3d 136; 2002 OK CR 2; 2002 Okla. Crim. App. LEXIS 31; 2002 WL 13807
- **Precedential status:** Published
- **Opinion:** Concurring in part by Chapel
- **Judges:** Johnson, Viee-Presiding, Lumpkin, Strubhar, Lile, Chapel
- **Cited by:** 11 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/9797395

## Opinion text

CHAPEL, Judge,
concurs in part/dissents in part:
T1 I concur in the majority's discussion and conclusion as to the applicability of the collateral estoppel doctrine to criminal proceedings where the issue has been finally determined in a civil proceeding. I cannot agree, however, with the majority's application of the doctrine to the facts in this case. To reach the conclusion the majority has reached, one must conclude that a child could be the victim of sexual abuse in a manner that is not "heinous or shocking" or that did not cause "severe harm or injury." That is not a conclusion I am prepared to make. I therefore dissent to the decision to affirm the conviction and sentence in this case.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9797395. Public record. Not legal advice.