# LOCKETT v. STATE

> Court of Criminal Appeals of Oklahoma · April 18, 2014 · 329 P.3d 755

URL: https://www.frixlaw.com/law-library/cases/9800334

## Case

- **Full name:** Clayton LOCKETT and Charles Warner, Appellants, v. STATE of Oklahoma, Appellee
- **Court:** Court of Criminal Appeals of Oklahoma
- **Decided:** April 18, 2014
- **Citations:** 329 P.3d 755; 2014 OK CR 3; 2014 Okla. Crim. App. LEXIS 3; 2014 WL 1584515
- **Precedential status:** Published
- **Opinion:** Dissent by Smith
- **Judges:** Lewis, Smith, Viee, Lumpkin, Johnson
- **Cited by:** 7 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/9800334

## Opinion text

SMITH, Vice Presiding Judge,
Dissenting.
1 The majority has set forth an erudite and accurate analysis of this Court's jurisdictional restraints. However, I find that whether or not a stay is an appropriate exercise of this Court's authority under 22 0.8. 2011, § 1001.1., I would grant a stay to avoid irreparable harm as the appellants face imminent execution. I would do so in consideration of the appellants' rights, to avoid the possibility of a miscarriage of justice, and in comity with the Supreme Court's request for time to resolve the issues pending before it.
T2 I am authorized to state that Judge Charles Johnson joins me in this dissent.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9800334. Public record. Not legal advice.