feasibility hearing and jury trial on competency held six years after trial
How later courts described this case
- feasibility hearing and jury trial on competency held six years after trial
- feasibility hearing held almost five years after trial; jury trial on competency held six years after trial
Written by the judges who cited it.
The opinion
LUMPKIN, Judge,
concurring in part and dissenting in part:
I agree the judgments on all three counts should be affirmed, and agree the sentences on Counts II and III should be affirmed; however, I disagree the death sentence on Count I must be reversed and a new sentencing proceeding held.
I agree "with the Court’s denial of Appellant’s claim our competency statutes are unconstitutional based on our previous decision in Cooper v. State, 889 P.2d 293 , 66 OBJ 166, 170-171 (Okl.Cr.1995). A defendant’s incompetence to stand trial is not the same as his sanity at the time of the offense, which is a defense. Incompetence — the ability to understand the nature of the proceedings and consult with one’s attorney — is not a defense to the charges leveled against a defendant; rather, it is a bar to the continuation of criminal proceedings when properly raised.
I also wholeheartedly agree with the Court’s holding six new propositions of error filed in a supplemental brief are not properly before the Court. I also agree with the statement “there must be finality in the briefing process at some point in the appeals process.” ante at 1193. I am therefore somewhat puzzled as to why the Court first bars the propositions, then “[i]n any event” “reviewed appellant’s claim.” Id. The only possible answer is that the Court holds the propositions are barred, and the discussion following the holding is mere dicta. If that is the intention, I concur.
Finally, I recognize the Court is adhering to stare decisis in holding the death sentence must be reversed and remanded for a new sentencing hearing because the option of life without parole was not given to the jury; however, I continue to adhere to my philosophy the sentence options to be given are those which are in effect at the time the crime is committed. See Hain v. State, 852 P.2d 744, 753 (Okl.Cr.1993) (Lumpkin, P.J., concurring in part and dissenting in part); Salazar v. State, 852 P.2d 729, 741 (Okl.Cr.1993) (Lumpkin, P.J., concurring in part and dissenting in part).