distinguishing Green v. Georgia , 442 U.S. 95 (1979) (per curiam)
How later courts described this case
- distinguishing Green v. Georgia , 442 U.S. 95 (1979) (per curiam)
Written by the judges who cited it.
The opinion
ORDER DENYING REHEARING
Jerald Wayne Harjo, Petitioner, was tried by jury and convicted of Murder in the First Degree, First Degree Burglary, Burglary of an Automobile and Larceny of an Automobile, in Seminole County District Court, Case No. CRF-88-7 and CRF-88-8. This Court affirmed judgment and sentence for each count. See Harjo v. State, 882 P.2d 1067 (Okl.Cr.1994). Appellant was sentenced to death for the murder, and it is this conviction and sentence which he challenges on rehearing. Specifically the petitioner argues (1) the finding of exigent circumstances sufficient to justify warrantless seizure of his gym shoe is in conflict with controlling authority, and (2) the holding of the Court that the evidence was sufficient to support the jury’s finding is in conflict with this Court’s prior interpretation of this aggravating circumstance.
We have examined counsel’s argument and the authorities cited, and find the opinion handed down in this case is not in error.
IT IS THEREFORE THE ORDER OF THE COURT that the Petition for Rehearing be denied, and the Clerk of the Court shall issue mandate forthwith.
IT IS SO ORDERED.
/s/ Gary L. Lumpkin
GARY L. LUMPKIN, Presiding Judge
/s/ Charles Johnson
CHARLES JOHNSON, Vice Presiding Judge
/s/ James F. Lane
JAMES F. LANE, Judge
/s/ Charles S. Chapel
CHARLES S. CHAPEL, Judge
/s/ Reta M. Strubhar
RETA M. STRUBHAR, Judge