Case law

Liles v. State

702 P.2d 1025 · Court of Criminal Appeals of Oklahoma · Sep 13, 1985

Appellant contends that since his jury was composed only of those who qualified under Witherspoon v. … The Court's analysis in Ake clearly demonstrates that the holding was not intended as a triggering mechanism.

Abshier v. State

72 O.B.A.J. 1819 · Court of Criminal Appeals of Oklahoma · May 24, 2001

Stuemky was no less qualified to testify about this than he was qualified to testify about his opinion based on his experience that only one or two persons out of 200 who had killed children had actually intended to do so … Even if this error had been preserved for appellate review, it would clearly have been harmless. Simpson v.

Fisher v. State

736 P.2d 1003 · Court of Criminal Appeals of Oklahoma · May 4, 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.

Ex Parte Tomlinson

54 Okla. Crim. 367 · Court of Criminal Appeals of Oklahoma · May 19, 1933

Among those prohibitions is the one which makes private property immune against seizure or condemnation to' public use without compensation. … The local city’s requirement that motor cars stop at congested street intersections in obedience to certain established signals before proceeding across the line of traffic is a salutary regulation, and is not in conflict

Walker v. State

65 O.B.A.J. 3261 · Court of Criminal Appeals of Oklahoma · Sep 30, 1994

However, the medical examiner clearly was qualified to answer questions regarding the nature and extent of the victim’s wounds. … Clearly, a jury composed of racially prejudiced jurors is not impartial.

DEO v. PARISH

541 P.3d 833 · Court of Criminal Appeals of Oklahoma · Dec 14, 2023

HUDSON, VICE PRESIDING JUDGE, DISSENTING: ¶1 The majority's approach in this case raises more questions than answers and is contrary to clearly established Federal law as determined by the Supreme Court of the United States … Nothing in Castro-Huerta displaces these pronouncements and they clearly apply to this case.

Bias v. State

561 P.2d 523 · Court of Criminal Appeals of Oklahoma · Feb 16, 1977

Two others pleaded guilty to manslaughter in the first degree, and the final two co-defendants received immunity from prosecution to testify at the defendant’s trial. … However, we view Oxendine as being clearly distinguishable from the case at bar.

PENA v. STATE

2026 OK CR 8 · Court of Criminal Appeals of Oklahoma · Feb 19, 2026

He maintains the State relied on general indicators and drug courier profiling to establish the missing proof. … Although some of this testimony would arguably qualify as drug courier profile evidence as defined by at least some of the cases relied upon by Pena, the labeling of the testimony is not the proper inquiry.

Lambert v. State

984 P.2d 221 · Court of Criminal Appeals of Oklahoma · Apr 14, 1999

We clearly had appellate authority over the robbery convictions and clearly expressed that the district court could abrogate those convictions should Lambert be convicted of felony murder. ¶ 16 Lambert also seeks a constricted … However, § 801 specifically provides, and McArthur specifically recognizes, that an imitation firearm, like the BB gun at issue here, does qualify as a dangerous weapon sufficient to satisfy the requirements of the statute

IN RE ADOPTION OF 2016 REVISIONS TO OKLAHOMA UNIFORM JURY INSTRUCTIONS-CRIMINAL

2016 OK CR 11 · Court of Criminal Appeals of Oklahoma · Jun 1, 2016

First, the law is clearly settled in Oklahoma that the M'Naghten Test is the correct test for insanity. … First, the law is clearly settled in Oklahoma that the M'Naghten Test is the correct test for insanity.

Boyer v. State

68 Okla. Crim. 220 · Court of Criminal Appeals of Oklahoma · Dec 21, 1939

the day and year aforesaid, then and there being, while acting conjointly and together, did then and there willfully, unlawfully and feloniously sell, utter, exchange, deposit and file with Helen Nix, the duly elected, qualified … The testimony was clearly competent. State *244 v. Rule, 11 Okla. Cr. 237 , 144 P. 807 ; Harrell v. State, 43 Okla. Cr. 278 , 278 P. 404 .” The text of 23 Am.

FREDERICK v. STATE

400 P.3d 786 · Court of Criminal Appeals of Oklahoma · May 25, 2017

She had received a blow which made it impossible for her to move on her own and see clearly. … An abuse of discretion is any unreasonable or arbitrary action taken without proper consideration of the facts and law pertaining to the matter at issue or a clearly erroneous conclusion and judgment, one that is clearly

Kennedy v. State

528 P.2d 317 · Court of Criminal Appeals of Oklahoma · Nov 7, 1974

Wilson, Sequoyah County Medical Examiner, was qualified as an expert witness. Dr. … Clearly, the facts in that decision and in the instant case are not analogous.

Hutchman v. State

61 Okla. Crim. 117 · Court of Criminal Appeals of Oklahoma · Mar 12, 1937

Landrum, on or about the first day of July, 1934, was the duly elected, qualified, and acting county treasurer of Craig county, state of Oklahoma, and as such county treasurer was charged and entrusted with the collection … We think that the facts come clearly within the rule as announced in the case of Hays v. State, 22 Okla.

Trott v. State

62 Okla. Crim. 52 · Court of Criminal Appeals of Oklahoma · Jul 2, 1937

not otherwise possess, to a jury of less than twelve men, for his trial and conviction; or to deprive himself in any way of the safeguards which the constitution has provided him, in the unanimous agreement of twelve men, qualified … Kaufman, supra, the Supreme Court of Iowa says: “That a defendant in a criminal action by silence may waive the benefit of a statutory provision wasJ clearly recognized.

Frederick v. State

72 O.B.A.J. 3509 · Court of Criminal Appeals of Oklahoma · Nov 21, 2001

Since Appellant does not further claim or establish that Mr. … Pennal's findings had been contested and overturned by a jury. 171 Even if reputation evidence were admissible to prove bias, no foundation was laid to establish that Mr. Green was qualified to testify regarding Dr.

Walters v. State

455 P.2d 702 · Court of Criminal Appeals of Oklahoma · May 21, 1969

The defendant asserts in his brief, as follows: “We took the position that the court had no discretionary powers in drawing the names from the jury wheel to determine at that time whether they were qualified or not, and that … Finding that the defendant has wholly failed to establish that he was prejudiced in any way by the actions of the trial court, we are of the opinion that this assignment of error is without merit.

De Graff v. State

2 Okla. Crim. 519 · Court of Criminal Appeals of Oklahoma · Jul 29, 1909

The fact ought to have been established by testimony.” … No form of procedure is established in the Constitution as to how this shall be done in misdemeanors.

STATE v. NELSON

2015 OK CR 10 · 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).

Cummings v. State

69 O.B.A.J. 3979 · Court of Criminal Appeals of Oklahoma · Nov 10, 1998

We should apply the Strickland test, as established by the United States Supreme Court, in accordance with that Court's further delineation of its applicability. In Lockhart v. … Fretwell , the Court clearly stated a different outcome is not the legal criteria to use. ¶ 3 Secondly, I disagree with the notion that we cannot use Appellant's alleged rape of Melissa to support second stage aggravators