Opinion

BOSSE v. STATE

  • 400 P.3d 834
  • 2017 OK CR 10
  • 2017 Okla. Crim. App. LEXIS 11
  • 2017 WL 2376976
Court
Court of Criminal Appeals of Oklahoma
Filed
May 25, 2017
Status
Published
Author
Johnson
On the bench
Smith, Lumpkin, Lewis, Johnson, Hudson
Cited by
31 cases

"the statutory language explaining this aggravating circumstance sufficiently informs jurors what is necessary to support a finding that it is present"

How later courts described this case

  • "the statutory language explaining this aggravating circumstance sufficiently informs jurors what is necessary to support a finding that it is present"
  • finding similar error harmless beyond a reasonable doubt

Written by the judges who cited it.

The opinion

JOHNSON, JUDGE,

SPECIALLY CONCURRING:

¶ 1 I agree with the decision to affirm this ease. I write to clarify one point regarding the introduction at trial of evidence relating to the Medical Examiner’s office’s lack of accreditation.

¶ 2 The issue addressed by this Court in this case is whether Dr. Yacoub’s testimony was inadmissible because the Medical Examiner’s office is not accredited. I agree that the admissibility of evidence such as Dr. Yacoub’s testimony is not determined by whether the Medical Examiner’s office is subject to the accreditation provisions of The Forensic Laboratory Accreditation Act. The Court’s conclusion that “as long as the requirements of Title 63 are met in each case, accreditation of the Medical Examiner’s office goes to the weight of the evidence, not its admissibility” is also correct. It is worth mentioning, however, that the admissibility of this evidence must' always be prefaced upon a threshold finding of relevancy. This Court’s ruling does not in any way suggest or support the assumption that evidence regarding accreditation of the Medical Examiner’s office -will always be relevant.

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.

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