Case law

Hardesty v. State

291 P.2d 351 · Court of Criminal Appeals of Oklahoma · Nov 23, 1955

Hardesty, was the duly elected, qualified, and acting County Commissioner for District No. 1, of Tulsa County, Oklahoma, from July, 1949, up to and including the return of the indictment, and as such County Commissioner, … An examination of the indictment herein clearly establishes its sufficiency, and the evidence discloses no variance in the pleadings and the proof.

Payne v. State

276 P.2d 784 · Court of Criminal Appeals of Oklahoma · Oct 13, 1954

Thereafter further attempts at delay were had by way of attempts to dis-* qualify the trial judge on the ground' of prejudice.. No adequate grounds for disqualification are shown. … Proof of venue could so easily have been established by positive and direct evidence.

Stouffer v. State

147 P.3d 245 · Court of Criminal Appeals of Oklahoma · Nov 14, 2006

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. State, 1999 OK CR 12, ¶ 5 , 989 P.2d 945, 946 . … It is well established that "photographs of murder victims can be probative in many respects....

Stahl v. State

665 P.2d 839 · Court of Criminal Appeals of Oklahoma · Jul 22, 1983

Time, Inc., 449 F.2d 245, 249 (9th Cir.1971), it was observed that `[t]he First Amendment has never been construed to accord newspersons immunity from torts or crimes committed during the course of newsgathering. … No one can deny the long established right of the press in the United States to gather and disseminate news and information concerning every phase of human activity, together with the incidents pertaining thereto.

Braun v. State

66 O.B.A.J. 2675 · Court of Criminal Appeals of Oklahoma · Aug 7, 1995

In doing this, the trial judge must clearly explain to the defendant the inherent disadvantages in such a waiver. Id.; see also Coleman v. State, 617 P.2d 243, 245-46 (Okl.Cr.1980). … Again, we observe “[qualified jurors need not ... be totally ignorant of the facts and issues involved.” Id. at 799-800 , 95 S.Ct. at 2036.

Jones v. State

509 P.2d 924 · Court of Criminal Appeals of Oklahoma · May 2, 1973

Jones’ knowledge in *928 this regard would certainly tend to establish motive on his part to protect his cousin, Franklin. We therefore deny defendant’s first proposition of error. … This Court rejected the contention, and, in an exhaustive opinion, set forth clearly all of the law concerning the issue.

FREDERICK v. STATE

2017 OK CR 12 · Court of Criminal Appeals of Oklahoma · May 25, 2017

Thus, he has not established prejudice sufficient to warrant relief. … 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

Carter v. State

65 O.B.A.J. 2706 · Court of Criminal Appeals of Oklahoma · Jul 29, 1994

Lewis was an informant who testified for pay, immunity from punishment, personal advantage or vindication. … The State presented evidence which clearly showed Appellant’s involvement in the robbery and homicide at the OMahoma Auto Auction. Appellant and Summers had talked about getting another wrecker for the body shop.

Doublehead v. State

27 Okla. Crim. 375 · Court of Criminal Appeals of Oklahoma · Aug 25, 1924

It is well established in this jurisdiction that applications for a change of venue are addressed to the discretion of the trial court; that before a judgment of conviction will be set aside in the appellate court because … There is no question but what this witness was qualified to testify upon this subject.

Ex Parte Nowabbi

60 Okla. Crim. 111 · Court of Criminal Appeals of Oklahoma · Oct 26, 1936

It follows that the question in this case turns on the construction of this final proviso of said act, as limiting, and qualifying that which has gone before in the same section. … State, supra, and while the proof shows the place of the crime to be in Pushma-taha county, we fail to find any evidence establishing or tending to establish that the crime charged was committed on a restricted Indian allotment

Smith v. State

659 P.2d 330 · Court of Criminal Appeals of Oklahoma · Feb 10, 1983

The events surrounding this gruesome deed clearly provide sufficient indication of the appellant's intention to effect Denning's death. … In a First Degree Murder trial, when the jury is qualified to assess the death penalty, the court should be most cautious and follow the statutory provisions with certainty.

Rucker v. State

88 Okla. Crim. 15 · Court of Criminal Appeals of Oklahoma · Jun 16, 1948

An ‘abuse of discretion’ by the court in passing on a motion for change of venue means a clearly erroneous conclusion and judgment, one that is clearly against the logic and effect of the facts presented in support of and … It establishes confidence of the victim was first obtained by means of friendship for an old neighbor, Bodine Loyd.

Jolliffee v. State

21 Okla. Crim. 278 · Court of Criminal Appeals of Oklahoma · May 27, 1922

Clearly, the county attorney, representing the state, would have no right to take any affirmative action calculated to prevent the personal appearance of the witness. … To us it seems that neither of these facts, though established to the satisfaction of the jury, is inconsistent with the good faith and innocent motives of the defendant.

Slater v. United States

1 Okla. Crim. 275 · Court of Criminal Appeals of Oklahoma · Oct 16, 1908

The above cases present opr view of the law upon this question clearly and^Eully. In this case the affidavit is silent upon the question of dil™ence. … By the former act the provisions of this chapter were qualified by the words, “as far as are applicable”; but, by the latter act named, there was no *280 qualification or exception whatever.

MITCHELL v. STATE

424 P.3d 677 · Court of Criminal Appeals of Oklahoma · Jun 28, 2018

Taylor , 2011 OK CR 8 , ¶ 40, 248 P.3d at 376 ("Relevant evidence need not conclusively, or even directly, establish the defendant's guilt; it is admissible if, when taken with other evidence in the case, it tends to establish … And clearly, a cumulative error claim is baseless when this Court fails to sustain any of the alleged errors raised on appeal. Id.

Rojem v. State

130 P.3d 287 · Court of Criminal Appeals of Oklahoma · Feb 24, 2006

(Said transcript is mislabeled as August 8, 2003, but the court minute and docket sheet indicate this hearing occurred in August of 2002 and clearly before Appellant’s July, 2003 trial. O.R. 1572, 2040.) 6 . … Hadwiger was qualified to give expert opinion under Daubert v. Merrell Dow Pharmaceuticals, 509 U.S. 579 , 113 S.Ct. 2786 , 125 L.Ed.2d 469 (1993), as adopted by this Court in Taylor v.

Sturgis v. State

2 Okla. Crim. 362 · Court of Criminal Appeals of Oklahoma · May 19, 1909

The Court: 'Well, is there a difference-as to what the facts are, or as to what the evidence that was introduced establishes?’ A. Juror: 'Yes, sir, as to what the evidence establishes.’ Q. … the- rights of the parties in accordance with the facts proven.’ • “The language of the Michigan statute on this subject is as follows: ‘The court shall in no-case orally qualify, modify or in any manner explain the written

Alverson v. State

70 O.B.A.J. 1566 · Court of Criminal Appeals of Oklahoma · May 6, 1999

(O.R.II at 328) Carlon admitted during her testimony that she was not even qualified to administer the MMPI. … To establish a prima facie case of a violation of the fair cross-section requirement, one must show (1) that the group alleged to be excluded is .

Daniels v. State

554 P.2d 88 · Court of Criminal Appeals of Oklahoma · Aug 13, 1976

The testimony of Lee Ann Hicks established the fact that agents from the Federal Bureau of Investigation made an intensive inquiry into the attempted robbery of the bank. … She again saw and observed a CU prefix on the license plate and the dent in the car and identified the car clearly and unequivocally as one and the same used in the attempted armed robbery.

Flores v. State

66 O.B.A.J. 2161 · Court of Criminal Appeals of Oklahoma · Jun 27, 1995

Most any person qualified to sit on a jury in this country is familiar with the phrase that a criminal defendant is “presumed innocent until proven guilty.” … Our message to the prosecution is that it should join with the defense in objecting to a clearly erroneous instruction.