Case law

Bechtel v. State

63 O.B.A.J. 2499 · Court of Criminal Appeals of Oklahoma · Sep 2, 1992

The defendant must offer evidence which establishes herself as a “battered woman.” 2. … The expert must establish herself/himself as one who is qualified by knowledge, skill, experience, training or education to diagnose the defendant as suffering from the Battered Woman Syndrome. 3.

Wood v. State

69 O.B.A.J. 1030 · Court of Criminal Appeals of Oklahoma · Mar 11, 1998

In this case, the evidence was relevant to character issues *11 and to establish a plan for the crime in the first stage of the proceeding. This proposition of error must fail. Robison v. … Murphy clearly distinguished between Appellant and other paranoid schizophrenics, in that what made him more likely to commit murder was his right brain dysfunction.

Buck v. State

77 Okla. Crim. 17 · Court of Criminal Appeals of Oklahoma · May 26, 1943

The rule may now be said to be thoroughly established in this jurisdiction. Denham v. Commonwealth, 119 Ky. 508 , 84 S.W. 538 , 27 Ky.Law Rep. 171; Sprouse v. Commonwealth, 132 Ky. 269 , 116 S.W. 344 . … It is now urged upon the court that testimony of this character is so unreliable that it should not have been admitted in‘any event, and, further, that the preliminary testimony was not sufficient to show the hounds were qualified

Foster v. State

714 P.2d 1031 · Court of Criminal Appeals of Oklahoma · Feb 4, 1986

He urges it failed to clearly place the burden on the State to disprove his alibi defense. … Assuming such can be established, a showing of prejudice as the result of his or her performance must be made.

NOLEN v. STATE

485 P.3d 829 · Court of Criminal Appeals of Oklahoma · Mar 18, 2021

. ¶29 That IQ tests are imprecise measurements of intellectual disability is well established. … Nelson, Atkins' IQ score "would automatically qualify for Social Security disability income." Dr.

Revilla v. State

65 O.B.A.J. 1491 · Court of Criminal Appeals of Oklahoma · Apr 22, 1994

Further, the instructions clearly informed the jury that Appellant was charged with the crime of child abuse murder. … Steumky was qualified to give an expert opinion as to the cause of the decedent’s injuries. The jury was well aware that Dr.

Canady v. Reynolds

65 O.B.A.J. 2820 · Court of Criminal Appeals of Oklahoma · Aug 24, 1994

The fact an inmate is eligible for the number of earned credits provided by law at the time his crime was committed has already been established by this Court. 2 See Ekstrand; Weaver v. … I continue to believe this Court erred in its determination the Oklahoma "earned credit” system of providing inmates with the opportunity to earn additional time reductions from their sentences if they qualify for the program

Lott v. State

75 O.B.A.J. 2385 · Court of Criminal Appeals of Oklahoma · Sep 9, 2004

Penetration was clearly proven. … We find no abuse of the trial court's discretion in qualifying McKenna as an expert.

Campbell v. State

546 P.2d 276 · Court of Criminal Appeals of Oklahoma · Feb 5, 1976

After being granted immunity from prosecution, she testified that in April of 1974 Julie was taken to the hospital after *278 defendant discovered a “soft spot” on her head. … For his second assignment of error, defendant alleges that the court erred in overruling his demurrer to the evidence for the reason that the corpus delic-ti was not established.

Heartsill v. State

341 P.2d 625 · Court of Criminal Appeals of Oklahoma · Jul 8, 1959

The jury believed the testimony of the accomplices in the conspiracy clearly established the connection of both Heartsill and Arnold with the conspiracy from its inception, and there is ample direct and circumstantial evidence … This evidence is not only clearly corroborative, but connective.

Cooper v. State

61 Okla. Crim. 318 · Court of Criminal Appeals of Oklahoma · May 7, 1937

This is clearly shown by the verdict. The defendant being charged with murder was only convicted of manslaughter in the second degree. … In the Swan Case the court says: “If there is evidence, even though slight, tending to establish manslaughter in the second degree, a, reversal would not necessarily follow.”

Thigpen v. State

571 P.2d 467 · Court of Criminal Appeals of Oklahoma · Oct 14, 1977

These assignments of error clearly demonstrate the ambiguity of 21 O.S. … Just what is this equal protection guaranty which is established by the Fourteenth Amendment?

Fletcher v. State

2 Okla. Crim. 300 · Court of Criminal Appeals of Oklahoma · Apr 24, 1909

These rules are fundamental and established; they are unchanged. See Lebkovitz v. State, 113 Ind. 27 , 14 N. E. 363, 597 .” … The information in this case is, in these respects, clearly and fatally defective.” In the case of Alexander v. State, 29 Tex. 497, 498 , it is said: “In the case of Burch v.

State Ex Rel. Cobb v. Mills

82 Okla. Crim. 155 · Court of Criminal Appeals of Oklahoma · Nov 14, 1945

It will be necessary that said section be so construed as to include court martial proceedings and to establish in this State a rule never before existing in any other state and contrary to that which would be applied by … Certainly this construction of section 25 extending it far beyond the provisions of our Constitution and other statutes is not to be adopted unless very clearly intended.

BRAMLETT v. STATE

2018 OK CR 19 · Court of Criminal Appeals of Oklahoma · May 31, 2018

In reviewing a trial court's decision, we defer to the trial court's findings of fact unless they are clearly erroneous. Gomez , 2007 OK CR 33, ¶ 5 , 168 P.3d at 1141-42 . … "An abuse of discretion is any unreasonable or arbitrary action made without proper consideration of the relevant facts and law, also described as a clearly erroneous conclusion and judgment, clearly against the logic and

Cheney v. State

66 O.B.A.J. 3916 · Court of Criminal Appeals of Oklahoma · Dec 8, 1995

The evidence, as we have set forth above, clearly proved Cheney killed his wife with malice aforethought. … Nonetheless, Cheney's murder of his wife — while horrible and tragic — does not qualify for the death penalty under Oklahoma's aggravating circumstances.

Steeley v. State

17 Okla. Crim. 252 · Court of Criminal Appeals of Oklahoma · Mar 2, 1920

Goad was qualified to file the information and prosecute the case as county attorney. … The rule has long been firmly established that an attorney cannot represent conflicting interests or undertake to discharge inconsistent duties.

Davis v. State

268 P.3d 86 · Court of Criminal Appeals of Oklahoma · Dec 12, 2011

Persons who are not qualified to serve as jurors are: 5. … Moseley or another similarly qualified expert. Trial counsel did testify that she had used Ms.

Adams v. State

62 Okla. Crim. 167 · Court of Criminal Appeals of Oklahoma · Jul 16, 1937

There are certain exceptions to this general rule which are as well established as the rule itself. … Jurors are not prone to consider hidden, obscure phases of qualifying clauses.” The law with reference to justifiable homicide wasi presented fully in instruction No. 6, and the defendant took no exception to the same.

Mitchell v. State

270 P.3d 160 · Court of Criminal Appeals of Oklahoma · Oct 13, 2011

Appellant objected to the testimony, arguing that Frer-ene was not an expert, was not qualified to identify bite marks, and that his testimony was an evidentiary harpoon. … It is well established that juries are presumed to follow their instructions.