Opinion

Harjo v. State

  • 882 P.2d 1067
  • 1994 WL 376120
Court
Court of Criminal Appeals of Oklahoma
Filed
Dec 9, 1994
Status
Published
Author
Lumpkin
On the bench
Lumpkin, Johnson, Strubhar, Lane, Chapel
Cited by
43 cases
Authority
More cited than 12.9%

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

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.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.