Case law

Fowler v. State

779 P.2d 580 · Court of Criminal Appeals of Oklahoma · Aug 30, 1989

This proposition of error is predicated upon the decision in Parks v. Brown, 860 F.2d 1545 (10th Cir.1988). The court accurately determines that the United States Supreme Court decision in California v. … Brown, 479 U.S. 538 , 107 S.Ct. 837 , 93 L.Ed.2d 934 (1987), is controlling on this issue.

Strickland v. State

403 P.2d 909 · Court of Criminal Appeals of Oklahoma · Jul 7, 1965

“IV “The Court finds from the testimony of Larry Brown, Court Reporter, that a casemade cannot be made from the reported notes of Nanny Saxon Bell due to the fact that she used a system of shorthand that is no longer used … “V “The Court further finds that a case-made can and should be made from the sound audeograph recordings which recorded the testimony during the trial.

Thacker v. State

55 Okla. Crim. 161 · Court of Criminal Appeals of Oklahoma · Oct 27, 1933

In Davis v. State, 30 Okla. … Davis v.

Arie v. State

1 Okla. Crim. 250 · Court of Criminal Appeals of Oklahoma · Feb 2, 1909

Powell v. State, 69 Ala. 10 ; Fell v. State, 42 Md. 71 , 20 Am. Rep. 83 ; Kresser v. Lyman (C. C.) 74 Fed. 765 ; Board v. Barrie, 34 N. Y. 659 ; People v. Murray, 149 N. Y. 367 , 44 N. E. 147 , 32 L. R. A. 344. … C.) 74 Fed. 765 ; Brown v. State, 82 Ga. 224 , 7 S. E. 915 ; State v. Mullenhoff, 74 Iowa, 271 , 37 N. W 329; State v. Holmes, 38 N. H. 235; State v. Cooke, 24 Minn. 247 , 31 Am.

Ex Parte Combs

87 Okla. Crim. 164 · Court of Criminal Appeals of Oklahoma · Jul 7, 1948

The verified petition alleges, in substance, as follows, to wit: that on the 6th day of December, 1933, in the then Third Judicial District, Honorable Enloe V. … In relation to the petitioner’s contention that he was originally sentenced by Judge Enloe V.

Crosbie v. State

330 P.2d 602 · Court of Criminal Appeals of Oklahoma · Sep 3, 1958

Harley was not an officer of any kind, but only a private attorney working for such Board. Defendant cites and quotes from the case of Shouquette v. … See Semler v. Oregon State Board of Dental Examiners, 294 U.S. 608 , 55 S.Ct. 570 , 79 L.Ed. 1086 . The above proposition was raised in the case of Shewmaker v. State, Okl. Cr., 329 P.2d 858 .

Ex Parte White

56 Okla. Crim. 418 · Court of Criminal Appeals of Oklahoma · Feb 15, 1935

See Gaylord v. City of Pasadena, 175 Cal. 433 , 166 Pac. 348, 349 ; Carter v. Stevens, 211 Cal. 281 , 295 Pac. 28 ; Ex parte Holmes, 187 Cal. 640 , 203 Pac. 398 ; Bleuel v. City of Oakland et al., 87 Cal. … In Gaylord v.

Smith v. State

698 P.2d 482 · Court of Criminal Appeals of Oklahoma · Apr 8, 1985

Booker v. State, 644 P.2d 1075, 1076 (Okl.Cr.1982) (quoting Greene v. State, 508 P.2d 1095 (Okl.Cr.1973)). … Appellant contends that the observation of a man receiving a brown paper sack in exchange for money is not sufficient to support a stop.

Hinton v. District Court of Oklahoma County

693 P.2d 1277 · Court of Criminal Appeals of Oklahoma · Dec 21, 1984

In Chaney v. State, 612 P.2d 269 (Okl.Cr.1980), defendant Chaney was charged by separate informations with the murder of Mrs. Kendal Ashmore and the murder of Ms. Kathy Brown. … See also Taylor v. State, 646 P.2d 615 (Okl.Cr.1982); Thompson v. State, 624 P.2d 82 (Okl.Cr. *1279 1981); Byrne v. State, 620 P.2d 1328 (Okl. Cr.1980).

Fox v. State

779 P.2d 562 · Court of Criminal Appeals of Oklahoma · Aug 30, 1989

This proposition of error is predicated upon the decision in Parks v. Brown, 860 F.2d 1545 (10th Cir.1988). The majority accurately determines that the United States Supreme Court decision in California v. … Brown, 479 U.S. 538 , 107 S.Ct. 837 , 93 L.Ed.2d 934 (1987), is controlling on this issue.

McCarty v. State

76 O.B.A.J. 1455 · Court of Criminal Appeals of Oklahoma · Jun 14, 2005

Patterson v. State, 2002 OK CR 18, ¶ 19 , 45 P.3d 925, 930 ; Young v. State, 2000 OK CR 17, ¶ 109 , 12 P.3d 20, 48 ; DeLozier v. … The city used the Review Board's findings to defend the suit, and a federal judge found Ms. Gilchrist had failed to prove any of the Review Board’s conclusions were wrong. The Review Board’s findings encompass Ms.

Ex Parte Williams

10 Okla. Crim. 344 · Court of Criminal Appeals of Oklahoma · Dec 1, 1913

Jur. 226 ; State v. Richter, 37 Minn. 436 , 35 N. W. 9 ; In re Voorhees, 32 N. J. Law, 141; People v. Pinkerton, 17 Hun (N. Y.) 199; Johnson v. Ammons (Ohio) 7 Am. Law Rec. 662 ; Hibler v. … State, 43 Tex. 197 ; Roberts v. Reilly, 116 U. S. 80 , 6 Sup. Ct. 291, 29 L. Ed. 544 ; In re Bruce (C. C.) 132 Fed. 390 ; In re Bloch (D. C.) 87 Fed. 981 ; In re White, 55 Fed. 54 , 5 C. C. A. 29 ; Ex parte Brown (D.

Chandler v. State

581 P.2d 911 · Court of Criminal Appeals of Oklahoma · Jul 11, 1978

Allen Brown testified that he was at Zack’s Grocery on the evening in question. … Detective Royce Robinson testified that he contacted Allen Brown concerning the robbery on January 30, 1974. Brown identified the defendant as the robber from a group of five pictures.

Price v. State

782 P.2d 143 · Court of Criminal Appeals of Oklahoma · Oct 30, 1989

Brown v. State, 743 P.2d 133, 136 (Okl.Cr.1987); Eberhart v. State, 727 P.2d 1374, 1377 (Okl.Cr.1986). Such presumption is rebuttable, but the burden of persuasion is upon the defendant. Brecheen v. … Brown, supra at 136 ; Brecheen, supra at 893. Nor is the existence of affidavits dispositive of this issue. Brown, supra at 135 ; Walker v.

Coleman v. State

760 P.2d 196 · Court of Criminal Appeals of Oklahoma · Aug 9, 1988

Tate v. State, 664 P.2d 1036, 1039 (Okl.Cr.1983). In Shannon v. … The United States Supreme Court stated in United States v.

Jones v. State

491 P.2d 361 · Court of Criminal Appeals of Oklahoma · Nov 16, 1971

Lee Brown testified that he was a Lieutenant with the Oklahoma City Police Department and was employed off duty by the J. C. Penny Store. … Jones v. State, Okl. Cr., 468 P.2d 805 (1970). The final proposition contends that the punishment is excessive and was given under passion and prejudice.

Morgan v. State

7 Okla. Crim. 45 · Court of Criminal Appeals of Oklahoma · Mar 19, 1912

Under the holding of this court in the case of Brown v. State, 5 Okla. … Abbott v. Territory, 1 Okla. Cr. 1 , 94 Pac. 179; Price v. State, 1 Okla. Cr. 358 , 98 Pac. 447 ; Gragg v. State, 3 Okla. Cr. 409 , 106 Pac. 350 .

In Re Blair's Petition

344 P.2d 282 · Court of Criminal Appeals of Oklahoma · Sep 9, 1959

In the recent case of Browning v. … See also Tracy v. State, 24 Okl.Cr. 144, 145 , 216 P. 941 ; Ford v. State, 80 Okl. Cr. 37, 156 P.2d 633 ; Ex parte Pruitt, 41 Okl.Cr. 318 , 273 P. 288, 289 , and cases cited; Hall v. State, Okl.Cr., 306 P.2d 361 .

Tillman v. State

490 P.2d 1369 · Court of Criminal Appeals of Oklahoma · Nov 10, 1971

In Thompson v. … In the recent case of Schapansky v.

Holland v. State

93 Okla. Crim. 180 · Court of Criminal Appeals of Oklahoma · Jan 3, 1951

In Johnson v. State, 92 Okla. … Other cases in point are: Tucker v. State, 62 Okla. Cr. 406 , 71 P. 2d 1092 ; Hoppes v. State, 70 Okla. Cr. 179 , 105 P. 2d 433 ; Jones v. State, 82 Okla. Cr. 91 , 166 P. 2d 443 ; Lamb v. State, 59 Okla.