Case law

Gore v. State

24 Okla. Crim. 394 · Court of Criminal Appeals of Oklahoma · Sep 22, 1923

Stat. 1921, which says that the affidavit “must set forth the facts tending to establish * * * probable cause,” etc. … Concerning the rights of the people, safeguarded by the Fourth and Fifth Amendments to the Constitution, to be immune from unreasonable searches and seizures, and the immunity in a criminal case from being compelled to be

HADDOCK v. STATE OF OKLAHOMA

2025 OK CR 24 · Court of Criminal Appeals of Oklahoma · Nov 13, 2025

Appellant is a Lieutenant with the Edmond Police Department who, at the time of the shooting, was off-duty and carrying a firearm she personally owned and was qualified to carry. … Id. ¶32 When a defendant invokes statutory immunity under Section 1289.25(F), the district court must hold a pre-trial hearing to determine if the preponderance of the evidence warrants immunity.

White v. State

66 O.B.A.J. 1249 · Court of Criminal Appeals of Oklahoma · Mar 29, 1995

absolute immunity from unrelated prosecutions. 33 Similarly, the Oklahoma Drug Tax Stamp Act’s immunity/anonymity provisions will be construed to extend both use and derivative-use immunity in order to comply with both the … convictions on pleas of guilty are used to enhance punishment, an affirmative showing that the defendant was represented by counsel and advised of his rights, before he entered his guilty pleas, is essential. 51 Staten is clearly

Ex Parte Patman

1 Okla. Crim. 141 · Court of Criminal Appeals of Oklahoma · Apr 15, 1908

It would seem to have long since been much too well established by the common law as well as our statutes that an indictment not void upon its face, regularly returned to and pending in a court having jurisdiction thereof … Where shall the party charged with a crime by indictment plead such immunity?

State v. Brooks

763 P.2d 707 · Court of Criminal Appeals of Oklahoma · Oct 14, 1988

The United States Supreme Court has clearly espoused its view of states’ attempts to impose their taxes on Indians: [I]n the special area of state taxation, absent cession of jurisdiction or other federal statutes permitting … Examples of those situations in which a state would be authorized to assert jurisdiction over otherwise immune tribal activities are found in Moe v.

Skinner v. State

210 P.3d 840 · Court of Criminal Appeals of Oklahoma · Jun 11, 2009

Hopefully the analysis herein will help avoid this kind of wasted time and effort in the future, in cases where, despite a witness's earlier Fifth Amendment- *852 based immunity, the cireumstances clearly reveal that the … See id. at ¶¶ 10-25, 130 P.3d at 277-83 ; see also 21 O.S., §§ 12.1 and 13.1 {establishing the "85% Rule"). 85 .

Hoffman v. State

611 P.2d 267 · Court of Criminal Appeals of Oklahoma · May 13, 1980

State, supra, this Court observed: [T]he framers of the Oklahoma and United States Constitutions, when imposing the prohibition of placing a person twice in jeopardy, clearly intended the person to be protected from being … II, § 27, (amended Dec. 7, 1971) provides for immunity from prosecution as follows: “Any person having knowledge or possession of facts that tend to establish the guilt of any other person or corporation under the laws of

Kaul v. State

43 Okla. Crim. 56 · Court of Criminal Appeals of Oklahoma · May 11, 1929

He had the right to refuse to testify, and the state must give him immunity. … In the case at bar the wife was not a necessary witness, her evidence was clearly incompetent, and the admission of the same deprived the defendant of a substantial statutory right.

O'NEAL v. State

468 P.2d 59 · Court of Criminal Appeals of Oklahoma · Feb 25, 1970

On the face of the deed, it clearly showed defendant to be the legal owner of the property. … This would have clearly shown that defendant’s testimony before the grand jury was given voluntarily and therefore admissible.

Mougell v. State

97 Okla. Crim. 180 · Court of Criminal Appeals of Oklahoma · Aug 5, 1953

The state offered its proof establishing the crime of grand larceny, and rested. … The action of the trial judge herein was clearly an invasion of the province of the jury.

Hammers v. State

337 P.2d 1097 · Court of Criminal Appeals of Oklahoma · Apr 1, 1959

State, supra, and the names first drawn, if qualified, shall constitute the grand jury. But, of course this would not be true, as was said in McGinley v. … Twice, he related, he went before the grand jury to grant immunity to Mr. and Mrs. Green.

ASHTON v. STATE

400 P.3d 887 · Court of Criminal Appeals of Oklahoma · Jun 1, 2017

This Court’s interpretation of this provision is well established. … . ¶ 24 In the present case, neither of the two avenues for securing immunity under Section 27 occurred. The prosecution did not enter into an immunity agreement with Goff.

Holland v. State

61 Okla. Crim. 215 · Court of Criminal Appeals of Oklahoma · Apr 9, 1937

No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States, nor shall any state deprive any person of life, liberty, or property, without due process of law; nor … for jury service, showing a long-continued, unvarying and wholesale exclusion of negroes from jury service, establishes a discrimination forbidden by the equal protection clause of the Fourteenth Amendment, and requires

Temple v. State

15 Okla. Crim. 146 · Court of Criminal Appeals of Oklahoma · Nov 2, 1918

Perhaps these facts could have been proven just as effectively without the production of the original deed', but it was incumbent upon the state and its officials to produce its evidence according to the well-established … same automatically operated to grant to this defendant an *149 immunity from prosecution under the provisions of section 27, art. 2, Constitution.

Souther v. State

12 Okla. Crim. 195 · Court of Criminal Appeals of Oklahoma · Dec 18, 1915

The defendant Jess Nichols- was granted immunity and he testified as a witness for the state. Upon the trial the jury returned a verdict of guilty as charged, but failed to assess the punishment. … Parks, county judge for five years, and several other witnesses qualified as character witnesses and testified that the reputation of the defendant Tom Souther as a truthful law abiding citizen had always been good.

Ferguson v. State

675 P.2d 1023 · Court of Criminal Appeals of Oklahoma · Mar 19, 1984

County jail did not clearly qualify as person is well known and has established a reputation. 98 C.J.S. … It is our opinion that such a small constantly changing population is not clearly a community in which one inmate could become well-known and establish a reputation.

Nichols v. Jackson

72 O.B.A.J. 3717 · Court of Criminal Appeals of Oklahoma · Dec 4, 2001

T4 Oklahoma's Open Records Act 6 (Act) clearly applies on its face to the courts. … The right to a fair trial overrides the qualified First Amendment right of public access.

Bruner v. State

612 P.2d 1375 · Court of Criminal Appeals of Oklahoma · Jun 24, 1980

each other that proof of one tends to establish the other. … The appellant was also identified by the accomplice, Sammy Graves, who was granted immunity from prosecution.

Shive v. State

7 Okla. Crim. 693 · Court of Criminal Appeals of Oklahoma · Feb 3, 1912

If the state is to be allowed to secure convictions without clearly establishing a sale, or proving facts from which, in law, a legitimate inference may be drawn that a sale had been made, then no honest man would be safe … If the county attorney of Custer county will devote his time and energy to the end of securing sufficient testimony to clearly establish an offense as vigorously in other cases as he has in his brief presented this, the good

Shive v. State

8 Okla. Crim. 724 · Court of Criminal Appeals of Oklahoma · Sep 14, 1912

If the state is to be allowed to secure convictions without .clearly establishing a sale, or proving *726 facts from which, in law, a legitimate inference may he drawn that a sale had been made, then ho honest man would be … If the county attorney of Custer county will devote his time and energy to the end of securing sufficient testimony to clearly establish an offense as vigorously in other eases as he has in his brief presented this, the good