Case law

Elliott v. Mills

335 P.2d 1104 · Court of Criminal Appeals of Oklahoma · Feb 25, 1959

The court said: "But if it be held that the establishment of a U.S. … But, the common law does establish the time that death must ensue as within a year and a day.

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.

Jones v. State

201 P.3d 869 · Court of Criminal Appeals of Oklahoma · Jan 21, 2009

Phillips statements were given as the result of police questioning and therefore do not qualify as an excited utterance. As Ms. … This is clearly illustrated by Dr.

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.

Breedlove v. State

516 P.2d 553 · Court of Criminal Appeals of Oklahoma · Nov 2, 1973

At that time he didn’t say anything until he got to the police station when he observed some of the other Defendants, and he said, ‘Yes, I might as well since you have got us all here.’ ” (Tr. 387-388) The record thus clearly … Such application has also been applied in the cases involving witness immunity statutes, as they pertained to the privilege against self-incrimination.

Lowery v. State

192 P.3d 1264 · Court of Criminal Appeals of Oklahoma · Sep 5, 2008

An abuse of discretion is "a clearly erroneous conclusion and judgment, one that is clearly against the logic and effect of the facts presented." C.L.F. v. … —were adequate to establish a "common scheme"); LaFayette v.

Lay v. State

179 P.3d 615 · Court of Criminal Appeals of Oklahoma · Feb 12, 2008

. *620 ¶ 7 Lay next argues a defendant who represents himself in the penalty phase of a capital trial must be granted the assistance of qualified standby counsel. … State, 2002 OK CR 16 , 45 P.3d 907, 912 (trial court’s ruling on motion for new trial based upon juror misconduct will not be overturned unless clearly erroneous). .

Salazar v. State

67 O.B.A.J. 1989 · Court of Criminal Appeals of Oklahoma · Jun 5, 1996

Social workers certainly may qualify as expert witnesses. 15 Formal degrees have never been and are not required to qualify a witness as an expert. 12 O.S. 1991 , § 2702. St. … Peter was qualified to render relevant expert opinions within her field of expertise and the trial court erred in excluding her testimony.

Hover v. State

471 P.2d 950 · Court of Criminal Appeals of Oklahoma · May 13, 1970

HARRIS the duly elected, qualified and acting District Attorney in and for Oklahoma County, District Attorney, District No. 7, State of Oklahoma, and on his official oath gives the COMMON PLEAS Court in and for said Oklahoma … DALE SMITH, Court Clerk /s/ Stella Price Stella Price, Deputy" *956 It has been clearly established that an information in a misdemeanor case must be verified in positive terms.

STATE v. CRAWFORD

2026 OK CR 4 · Court of Criminal Appeals of Oklahoma · Feb 5, 2026

Upon an order, decision or judgment finding that a defendant is immune from or not subject to criminal prosecution. 22 O.S.Supp.2022, § 1053 State v. … Their effect is clearly inhibitive; rather than facilitating the illumination of truth, they shut out the light . . . Nevertheless, rules of privilege are not without a rationale.

Scribner v. State

3 Okla. Crim. 601 · Court of Criminal Appeals of Oklahoma · Mar 31, 1910

Such a statement as this is the first step toward lynch law, and if recognized by this court, would wipe out and destroy every constitutional right, and would establish a precedent which, if followed, would result in arbitrary … This instruction is only advisory, and qualifies and is contradictory of the first portion of the instruction, which correctly states the law.

Fisher v. State

736 P.2d 1003 · Court of Criminal Appeals of Oklahoma · Jun 8, 1987

He said that the medication made him drowsy, unable to think clearly, and that he felt intoxicated. Dr. … The record does not support a finding that the alleged informant, F.J., provided evidence against the appellant for pay or for immunity from punishment.

Stafford v. State

665 P.2d 1205 · Court of Criminal Appeals of Oklahoma · Jun 20, 1983

Section 701.11 clearly places the burden of proof on the State to prove beyond a reasonable doubt the existence of any aggravating circumstances. … He placed appellant on the stand in an effort to establish an alibi defense.

Roberts v. State

82 Okla. Crim. 75 · Court of Criminal Appeals of Oklahoma · Feb 13, 1946

If so, it establishes a case of criminal negligence.” … Exhibits D, E, E, and G were clearly admissible. The only photographs to which objection might be seriously urged are those set forth in the State’s Exhibits A, B, and C.

Conkright v. State

21 Okla. Crim. 74 · Court of Criminal Appeals of Oklahoma · Mar 18, 1922

Glen Roy testified for the defendant, waived immunity, and his evidence was substantially as follows: That he lived about seven miles east of Nowata and had lived there four years. … Their possession was very recent after the car was stolen, and their explanations of that possession are not consistent with their innocence but lead clearly to the inference that each was guilty of the larceny.

Eizember v. State

164 P.3d 208 · Court of Criminal Appeals of Oklahoma · Aug 10, 2007

After all potential jurors had been so qualified, general voir dire was conducted until thirty persons had been passed for cause. … State, 2006 OK CR 45, ¶ 41 , 146 P.3d 1149, 1163-64 . 1124 Appellant argues the State failed to establish "two qualifying restrictions"-that it was Appellant who killed Mrs.

Marshall v. State

232 P.3d 467 · Court of Criminal Appeals of Oklahoma · May 13, 2010

Wilson was fully qualified as an expert in DNA analysis. Mr. Wilson had worked with Dr. Fuller on prior occasions and had previously reviewed her work. … 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. State v.

Sartin v. State

617 P.2d 219 · Court of Criminal Appeals of Oklahoma · Aug 18, 1980

Guidelines to be followed in all future cases having the same pertinent facts were established in State v. … Admissibility of the nurse's testimony regarding the appellant's possession of the syringe was clearly error.

Ex Parte Sullivan

10 Okla. Crim. 465 · Court of Criminal Appeals of Oklahoma · Feb 19, 1914

Upon the facts stated in the commitment, petitioner was clearly guilty of criminal contempt. … If such authority exists, then, in consequence of their establishment to compel obedience to law and to enforce justice, courts possess the right to inflict the very wrongs which they were created to prevent.”

Cudjo v. State

67 O.B.A.J. 2716 · Court of Criminal Appeals of Oklahoma · Sep 9, 1996

Appellant contends the evidence established nothing more than a suspicion that he was in the Wewoka Food Center the night Paul Pierce was shot and the armed robbery was committed. … However, in light of our previous determination that the jury was improperly “death qualified,” this option is not available in this case.