Case law

Brown v. State

9 Okla. Crim. 382 · Court of Criminal Appeals of Oklahoma · May 19, 1913

The law upon this subject is clearly and correctly stated in 12 Cyc. p. 488, as follows: "(2) To Prove Corpus Delicti. It is not necessary that the corpus delicti should- be established by direct and positive proof. … All* of the circumstances in this ease point with unerring certainty to the guilt of these parties just -as the spokes' of a wheel all point to the central hub, and we believe clearly and conclusively establish the ’ corpus

Pilgrim v. State

3 Okla. Crim. 49 · Court of Criminal Appeals of Oklahoma · Oct 9, 1909

This provision of our statute affirmatively establishes the admissibility of such testimony. By virtue of this provision the evidence of the grand jurors was clearly competent. … The law presumes the defendant innocent until his guilt is established by competent evidence beyond a reasonable doubt.

McCarty v. State

765 P.2d 1215 · Court of Criminal Appeals of Oklahoma · Dec 30, 1988

(O.R. 150) Clearly, appellant was deprived of a fair and adequate opportunity to have critical hair evidence examined by an independent forensic expert. … Gilchrist would give such an improper opinion, which she admitted she was not qualified to give.

Smith v. State

737 P.2d 1206 · Court of Criminal Appeals of Oklahoma · May 19, 1987

It is the opinion of a majority of this Court that Oxendine and other cases of this jurisdiction clearly support the admissibility of the photographs. … The photographs were also material in establishing the intent of the culprit; in this case, malice aforethought.

Castleberry v. State

522 P.2d 257 · Court of Criminal Appeals of Oklahoma · Apr 18, 1974

Salvatore Russo, qualified as an expert in psychology, was the last witness to testify for the defendant. Dr. … In reaching this judgment we establish no new principles of constitutional law.

Ex Parte Walrod

73 Okla. Crim. 299 · Court of Criminal Appeals of Oklahoma · Dec 23, 1941

of the press, his right to' free speech, and free exercise of religion as guaranteed to him by the First Amendment to the Constitution of the United States, which ordains that: “Congress shall make no law respecting an establishment … The principles applicable to' the questions here presented have clearly been set forth in the opinions above quoted.

Pruitt v. State

290 P.2d 424 · Court of Criminal Appeals of Oklahoma · Nov 16, 1955

After twelve jurors had been selected, and qualified, both the County Attorney, and defense attorney, waived all their peremptory challenges. … There can be no question in this case but what the intent and purpose of the jury was clearly expressed in the verdict, as reflected by the polling of the jury.

STATE v. NELSON

356 P.3d 1113 · Court of Criminal Appeals of Oklahoma · Sep 18, 2015

An abuse of discretion has been defined as "a clearly erroneous conclusion and judgment, one that is clearly against the logic and effect of the facts presented." Neloms v. … The right was judicially established in 1666 in the Hopkin Huggett's Case, 84 Eng. Rep. 1082 (K.B.1666).

Bernay v. State

70 O.B.A.J. 3659 · Court of Criminal Appeals of Oklahoma · Dec 7, 1999

Here, based on the foregoing, we find the trial court properly found these facts establish good faith and due diligence. … As we have determined in Proposition IV, the evidence clearly revealed Appellant had a design to effect the death of the decedent.

DAVISON v. STATE

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

See 22 O.S.Supp.2022, § 1089(D)(4)(providing "[a]ll claims of ineffective assistance of counsel shall be governed by clearly established law as determined by the United States Supreme Court"). … 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

Vanderslice v. State

59 Okla. Crim. 192 · Court of Criminal Appeals of Oklahoma · Mar 6, 1936

Norman, the duly qualified and acting county attorney in and for Murray county, state of Oklahoma, and gives the district court of Murray county and the state of Oklahoma, to know and be informed that Jacob Vanderslice did … It is next urged by the defendant that the venue of the action was not established in Murray county. We think the testimony of Mrs.

Ex Parte Smith

24 Okla. Crim. 415 · Court of Criminal Appeals of Oklahoma · Sep 22, 1923

No person shall manufacture a still worm, or still without first having qualified under the laws of the United States as a manufacturer of stills, and without paying the tax required by the laws of the United States on the … Clearly such a claim is illogical. The statute here attacked was passed in aid of and auxiliary to the enforcement of our self-executing constitutional prohibition measure.

Lookingbill v. State

157 P.3d 130 · Court of Criminal Appeals of Oklahoma · Mar 20, 2007

We nonetheless acknowledged the States' "vital interest in ensuring that only those qualified to do so are permitted to operate motor vehicles, that these vehicles are fit for safe operation, and hence that licensing, registration … When reviewing a trial court's ruling on a motion to suppress evidence based on an illegal seizure, "we defer to the trial court's findings of {act unless they are not supported by competent evidence and are therefore clearly

Gentry v. State

11 Okla. Crim. 355 · Court of Criminal Appeals of Oklahoma · Mar 3, 1915

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 … In the case at bar we are clearly satisfied that the opinions of the jurors challenged for cause were not of a disqualifying character.

McDonald v. State

12 Okla. Crim. 144 · Court of Criminal Appeals of Oklahoma · Oct 4, 1916

The information in this case is as follows: *145 “Be It Remembered: That Pat Malloy, the duly qualified and acting county attorney for Tulsa county, Oklahoma, who prosecuted in the name and by the authority of the state of … The record abounds with circumstances which tend conclusively to establish that everything he says is true.

Rojem v. State

753 P.2d 359 · Court of Criminal Appeals of Oklahoma · Mar 16, 1988

Appellant fails to establish any of the elements listed above. … However, we note that the hair stylist was not trained or qualified to identify hair as to the donor's racial origin.

Wallace v. State

66 O.B.A.J. 1150 · Court of Criminal Appeals of Oklahoma · Mar 27, 1995

and thereafter, to protect, at all times, people charged with or suspected of crime by those holding positions of power and authority.” 4 Due process is “a summarized constitutional guarantee of respect for those personal immunities … It clearly shows that while, at a minimum, due process requires both notice and an opportunity for a hearing according to established procedures, these elements cannot satisfy or even accurately describe the parameters of

Allcorn v. State

392 P.2d 66 · Court of Criminal Appeals of Oklahoma · Mar 25, 1964

Records of the Commission Company established that the cows had been consigned for sale by one F. E. … State, Okl.Cr., 351 P.2d 317 clearly establishes the law applicable in the instant case. In Syllabi 1, 2, and 4, this Court said: “1.

Hogan v. State

530 P.2d 1026 · Court of Criminal Appeals of Oklahoma · Jan 9, 1975

Freeman was a competent and qualified court reporter and that he took the notes and memos in the Ottawa County Grand Jury proceedings of November 28, 1972. Mr. … However, we feel the case at bar is clearly distinguishable from Green, supra. We call attention to the record wherein it states: “BY MR.

Allen v. State

862 P.2d 487 · Court of Criminal Appeals of Oklahoma · Nov 29, 1993

Here, however, while the evidence indicated the sexual relationship had ended, the evidence also clearly established that Allen and the secretary maintained a very close personal relationship up to the date of the death. … Allen contends in his fourth subproposition his experts were highly qualified and testified the physical evidence was consistent with his theory of the case.