Case law

Dodson v. State

562 P.2d 916 · Court of Criminal Appeals of Oklahoma · Apr 6, 1977

Will you tell this Court and jury have you ever had an occasion to be qualified as an expert in firearms identification in the past in other courts? “A. Yes sir. … To the contrary, the record clearly reflects that the conduct of the prosecuting attorneys were well within the guidelines set out by the American Bar Association and approved by this Court in Dupree v.

Ball v. State

173 P.3d 81 · Court of Criminal Appeals of Oklahoma · Nov 14, 2007

In Malicoat, the defendant denied intent to kill the child, but some injuries to the child (such as bites) were clearly intentional. … An abuse of discretion is shown by "a clearly erroneous conclusion and judgment, one that is clearly against the logic and effect of the facts presented." C.L.F. v. State, 1999 OK CR 12, ¶ 5 , 989 P.2d 945, 946 . .

Ex Parte Hunnicutt

7 Okla. Crim. 213 · Court of Criminal Appeals of Oklahoma · Apr 20, 1912

Our views on this subj ect were clearly and forcibly expressed by Judge Owen, in Ex parte Whitehouse, 3 Okla. Cr. 103 , 104 Pac. 374 . He there said: “As early as the case of Ogden v. Saunders, 12 Wheat. 267 , 6 L. … A later clause or provision may qualify an earlier one; and the converse is equally true.” This is not only the settled law in America, but it has been the law of England since the days of Lord Coke.

Plunkett v. State

719 P.2d 834 · Court of Criminal Appeals of Oklahoma · May 27, 1986

He asserts that the prosecution failed to establish the reliability of the A, B, O system, and that unconfirmed results were allowed in evidence when they should not have been. … Mitchell was not in a position to view the intruder clearly, and that no description of the intruder was first made to the police officers, the evidence is clearly otherwise. Such an assertion is utterly meritless.

Brightmire v. District Court of Tulsa County

424 P.2d 425 · Court of Criminal Appeals of Oklahoma · Feb 28, 1967

Clearly, this portion of the section provides the Agency, as such, with the power of subpoena duces tecum. … Therefore, if the statutes have been properly followed to establish the deposition hearing, a question which-we are not called upon at this time to answer, since it is one reviewable on appeal, then the witness should be

Johnson v. State

952 P.2d 1003 · Court of Criminal Appeals of Oklahoma · Jan 29, 1998

We must first determine whether a petitioner has established counsel’s conduct was deficient under prevailing professional norms. Walker, 933 P.2d at 333 . … Johnson submits that Holt’s testimony would have demonstrated his factual innocence. 2 The record clearly demonstrates that counsel had the benefit of Holt’s trial testimony when preparing defendant’s direct appeal. 3 Therefore

Randolph v. State

231 P.3d 672 · Court of Criminal Appeals of Oklahoma · Feb 4, 2010

State, 1996 OK CR 2, ¶ 64 , 912 P.2d 878, 894 , which is shown only when the ruling "is clearly made outside the law or facts of the case." … On appeal he maintains this claim, but now asserts a different claim that the entry exceeded the scope of a qualified consent.

Braught v. State

17 Okla. Crim. 1 · Court of Criminal Appeals of Oklahoma · Apr 1, 1919

Cox, 26 Okla. 331 , 109 Pac. 511 , it is held: “Where the continuance of the cause is sought on the ground of an absent witness, the party applying therefor must, among other things, make it clearly appear in the application … Braden, or Ben Braden, assumed the duties of office, and qualified and was acting as deputy county attorney for at least five or ten days before Fred Speakman came to the office or qualified.”

Goodner v. State

546 P.2d 653 · Court of Criminal Appeals of Oklahoma · Feb 3, 1976

We are of the opinion that when the defendant testified 4 this testimony was more than ample as a judicial confession to establish that he possessed the marijuana with the intent to distribute. … sundry occasions, we will now consider defendant’s assignment of error that Detective Hendrix’s testimony identi *658 fying the substance seized as marijuana, constituted error since the detective had not been properly qualified

Wines v. State

7 Okla. Crim. 450 · Court of Criminal Appeals of Oklahoma · Jun 1, 1912

That the defendant did not have a preliminary examination before an examining magistrate, or did not waive such preliminary examination, is a fact to be established by the defendant oni a plea in abatement or on a motion … Under the evidence in this case this was clearly error.

STATE ex rel. MATLOFF v. WALLACE

497 P.3d 686 · Court of Criminal Appeals of Oklahoma · Aug 12, 2021

But in those cases, the bar to prosecution arose from a constitutional immunity against punishment for the conduct in any court, or prohibited a trial altogether. … The defendants in Cuch could hardly claim immunity for acts of sexual abuse and murder. The only issue touched by Hagen was the federal court's exercise of jurisdiction.

Williams v. State

542 P.2d 554 · Court of Criminal Appeals of Oklahoma · Sep 17, 1975

Clearly, the examination of Mr. … Nothing in this opinion shall be construed as precluding the State from granting the defendants in any case, capital or otherwise, immunity from prosecution, so long as the immunity granted conforms to the Constitution and

Gore v. State

25 Okla. Crim. 214 · Court of Criminal Appeals of Oklahoma · Sep 8, 1923

The mere fact that an information in one count describes more than one criminal act does not make it defective, provided it clearly appears that the accused is charged with the commission .of but one crime, and where the … Every person accused of crime must be accorded every constitutional right; but one accused of crime is not clothed with any sacred or unusual rights, except that he may claim immunity from any and all practices that have

Williamson v. State

64 Okla. Crim. 94 · Court of Criminal Appeals of Oklahoma · Mar 25, 1938

There was a time when a defendant was not permitted to testify in his own behalf, and because of the denial of this right the courts in the early days rightfully established the rule that a confession made by a person could … not be used against him if the same was secured by fear, under duress, or through promises of leniency or immunity.

McInturff v. State

554 P.2d 837 · Court of Criminal Appeals of Oklahoma · Sep 17, 1976

After about three weeks, he was no longer searched since his character as a qualified agent was established. … The defendant asserts that the language in this instruction, in regard to the issue of entrapment, does not clearly place the burden upon the State.

DAVISON v. STATE

2023 OK CR 11 · Court of Criminal Appeals of Oklahoma · Jun 1, 2023

We will simply endeavor to review Petitioner's claims according to this Court's rules, the statutory requirements governing post-conviction review, and clearly established federal law as set forth above. ¶20 According to … It is the only claim on appeal that is not based on an objection at trial, or which qualifies for review under the plain error doctrine.

DAVISON v. STATE

531 P.3d 649 · Court of Criminal Appeals of Oklahoma · Jun 1, 2023

We will simply endeavor to review Petitioner's claims according to this Court's rules, the statutory requirements governing post-conviction review, and clearly established federal law as set forth above. ¶20 According to … It is the only claim on appeal that is not based on an objection at trial, or which qualifies for review under the plain error doctrine.

Cuesta-Rodriguez v. State

241 P.3d 214 · Court of Criminal Appeals of Oklahoma · Oct 12, 2010

rules, but because-having been created for the administration of an entity's affairs and not for the purpose of establishing or proving some fact at trial-they are not testimonial, Whether or not they qualify as business … This claim is clearly refuted by the record.

Horn v. State

13 Okla. Crim. 354 · Court of Criminal Appeals of Oklahoma · May 5, 1917

In rebuttal, the state introduced witnesses on each propo- ' sition, the testimony of whom tended to establish the fact that Christie was a peaceable, law-abiding man, and that the plaintiff in' error was an overbearing, … Intelligent men take newspaper accounts as current news, liable to qualification, explanation, or contradiction, and, when qualified, explained, or contradicted, they change their opinions or belief accordingly as a matter

State v. Pollock

5 Okla. Crim. 26 · Court of Criminal Appeals of Oklahoma · Feb 6, 1911

Robertson were summoned upon the regular venire to serve as grand jurors, and were excused by the court until otherwise needed to serve as' said grand jurors, as provided by law, and they are duly qualified for the completion … Laws Okla. 1909, is as follows: “The rule of common law that penal statutes are to be strictly construed has no application to this chapter.- This chapter establishes the law of this state respecting the subjects to which