lack of a preliminary hearing (Oklahoma) · Go Syfert
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lack of a preliminary hearing in Oklahoma

5 Oklahoma opinions name it 1 courts 1967–2018 0 in the last five years

The cases below were cited by Oklahoma courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (3)

CaseFollowedCited
Hambrick v. Stategreen
oklacrimapp · 1975 · cited in 3 Oklahoma opinions naming this issue, 1992–2018
2 sentences

2018Berry v. State , 1992 OK CR 41 , ¶ 9, 834 P.2d 1002 , 1005 ("[A]ny error arising from the lack of a preliminary hearing on second and subsequent charges was waived by the defendant's entry of a plea to the information and his proceeding to trial without timely offering any objections to the information."); Hambrick v. State , 1975 OK CR 86 , ¶ 11, 535 P.2d 703 , 705 ("When a defendant, upon arraignment, pleads to the merits and enters on trial, he waives right to preliminary examination, or if one was held, any irregularities therein."); Muldrow v. State , 1919 OK CR 313 , 16 Okla.Crim. 549 ,

2018Berry v. State , 1992 OK CR 41 , ¶ 9, 834 P.2d 1002 , 1005 ("[A]ny error arising from the lack of a preliminary hearing on second and subsequent charges was waived by the defendant's entry of a plea to the information and his proceeding to trial without timely offering any objections to the information."); Hambrick v. State , 1975 OK CR 86 , ¶ 11, 535 P.2d 703 , 705 ("When a defendant, upon arraignment, pleads to the merits and enters on trial, he waives right to preliminary examination, or if one was held, any irregularities therein."); Muldrow v. State , 1919 OK CR 313 , 16 Okla.Crim. 549 ,

33
Berry v. Stategreen
oklacrimapp · 1992 · cited in 2 Oklahoma opinions naming this issue, 2018–2018
2 sentences

2018Berry v. State , 1992 OK CR 41 , ¶ 9, 834 P.2d 1002 , 1005 ("[A]ny error arising from the lack of a preliminary hearing on second and subsequent charges was waived by the defendant's entry of a plea to the information and his proceeding to trial without timely offering any objections to the information."); Hambrick v. State , 1975 OK CR 86 , ¶ 11, 535 P.2d 703 , 705 ("When a defendant, upon arraignment, pleads to the merits and enters on trial, he waives right to preliminary examination, or if one was held, any irregularities therein."); Muldrow v. State , 1919 OK CR 313 , 16 Okla.Crim. 549 ,

2018Berry v. State , 1992 OK CR 41 , ¶ 9, 834 P.2d 1002 , 1005 ("[A]ny error arising from the lack of a preliminary hearing on second and subsequent charges was waived by the defendant's entry of a plea to the information and his proceeding to trial without timely offering any objections to the information."); Hambrick v. State , 1975 OK CR 86 , ¶ 11, 535 P.2d 703 , 705 ("When a defendant, upon arraignment, pleads to the merits and enters on trial, he waives right to preliminary examination, or if one was held, any irregularities therein."); Muldrow v. State , 1919 OK CR 313 , 16 Okla.Crim. 549 ,

22
Muldrow v. Stategreen
oklacrimapp · 1919 · cited in 2 Oklahoma opinions naming this issue, 2018–2018
2 sentences

2018Berry v. State , 1992 OK CR 41 , ¶ 9, 834 P.2d 1002 , 1005 ("[A]ny error arising from the lack of a preliminary hearing on second and subsequent charges was waived by the defendant's entry of a plea to the information and his proceeding to trial without timely offering any objections to the information."); Hambrick v. State , 1975 OK CR 86 , ¶ 11, 535 P.2d 703 , 705 ("When a defendant, upon arraignment, pleads to the merits and enters on trial, he waives right to preliminary examination, or if one was held, any irregularities therein."); Muldrow v. State , 1919 OK CR 313 , 16 Okla.Crim. 549 ,

2018Berry v. State , 1992 OK CR 41 , ¶ 9, 834 P.2d 1002 , 1005 ("[A]ny error arising from the lack of a preliminary hearing on second and subsequent charges was waived by the defendant's entry of a plea to the information and his proceeding to trial without timely offering any objections to the information."); Hambrick v. State , 1975 OK CR 86 , ¶ 11, 535 P.2d 703 , 705 ("When a defendant, upon arraignment, pleads to the merits and enters on trial, he waives right to preliminary examination, or if one was held, any irregularities therein."); Muldrow v. State , 1919 OK CR 313 , 16 Okla.Crim. 549 ,

22

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Oklahoma. Read the followed side critically anyway.

Also cited on this issue (6)

CaseCitedYears
Pickens v. State green
oklacrimapp · 1989
2 sentences

1996Pickens, 779 P.2d at 597 ; Wilson, 621 P.2d at 1176 ; Woods, 526 P.2d at 950 . [2] IT IS THEREFORE THE ORDER OF THIS COURT that the revocation of Appellant's suspended sentence in Case No. CF-91-386 in the District Court of Payne County should be, and is hereby, REVERSED and REMANDED for further proceedings consistent with this opinion.

1996Pickens, 779 P.2d at 597 ; Wilson, 621 P.2d at 1176 ; Woods, 526 P.2d at 950 . 2 IT IS THEREFORE THE ORDER OF THIS COURT that the revocation of Appellant’s suspended sentence in Case No. CF-91-386 in the District Court of Payne County should be, and is hereby, REVERSED and REMANDED for further proceedings consistent with this opinion.

11996–1996
Wilson v. State green
oklacrimapp · 1980
2 sentences

1996Pickens, 779 P.2d at 597 ; Wilson, 621 P.2d at 1176 ; Woods, 526 P.2d at 950 . [2] IT IS THEREFORE THE ORDER OF THIS COURT that the revocation of Appellant's suspended sentence in Case No. CF-91-386 in the District Court of Payne County should be, and is hereby, REVERSED and REMANDED for further proceedings consistent with this opinion.

1996Pickens, 779 P.2d at 597 ; Wilson, 621 P.2d at 1176 ; Woods, 526 P.2d at 950 . 2 IT IS THEREFORE THE ORDER OF THIS COURT that the revocation of Appellant’s suspended sentence in Case No. CF-91-386 in the District Court of Payne County should be, and is hereby, REVERSED and REMANDED for further proceedings consistent with this opinion.

11996–1996
Woods v. State green
oklacrimapp · 1974
2 sentences

1996Pickens, 779 P.2d at 597 ; Wilson, 621 P.2d at 1176 ; Woods, 526 P.2d at 950 . [2] IT IS THEREFORE THE ORDER OF THIS COURT that the revocation of Appellant's suspended sentence in Case No. CF-91-386 in the District Court of Payne County should be, and is hereby, REVERSED and REMANDED for further proceedings consistent with this opinion.

1996Pickens, 779 P.2d at 597 ; Wilson, 621 P.2d at 1176 ; Woods, 526 P.2d at 950 . 2 IT IS THEREFORE THE ORDER OF THIS COURT that the revocation of Appellant’s suspended sentence in Case No. CF-91-386 in the District Court of Payne County should be, and is hereby, REVERSED and REMANDED for further proceedings consistent with this opinion.

11996–1996
Rapp v. State green
oklacrimapp · 1966
2 sentences

1992In Starr v. State, 479 P.2d 628 (Okl.Cr.1971), relying on Rapp v. State, 413 P.2d 915 (Okl.Cr.1966) we determined that any error arising from the lack of a preliminary hearing on second and subsequent charges was waived by the defendant’s entry of a plea to the information and his proceeding to trial without timely offering any objections to the information.

1992In Starr v. State, 479 P.2d 628 (Okl.Cr. 1971), relying on Rapp v. State, 413 P.2d 915 (Okl.Cr. 1966) we determined that any error arising from the lack of a preliminary hearing on second and subsequent charges was waived by the defendant's entry of a plea to the information and his proceeding to trial without timely offering any objections to the Information.

11992–1992
Starr v. State green
oklacrimapp · 1971
2 sentences

1992In Starr v. State, 479 P.2d 628 (Okl.Cr.1971), relying on Rapp v. State, 413 P.2d 915 (Okl.Cr.1966) we determined that any error arising from the lack of a preliminary hearing on second and subsequent charges was waived by the defendant’s entry of a plea to the information and his proceeding to trial without timely offering any objections to the information.

1992In Starr v. State, 479 P.2d 628 (Okl.Cr. 1971), relying on Rapp v. State, 413 P.2d 915 (Okl.Cr. 1966) we determined that any error arising from the lack of a preliminary hearing on second and subsequent charges was waived by the defendant's entry of a plea to the information and his proceeding to trial without timely offering any objections to the Information.

11992–1992
In Re Writ of Habeas Corpus of Dare green
oklacrimapp · 1962
1 sentence

1967This Court also recited in the matter of In re Dare, Okl.Cr., 370 P.2d 846 : “A defendant in a criminal case may waive any right not inalienable, given him by the Constitution or by the statutes, either by express agreement or conduct, or by such failure to insist upon it in seasonable time as will operate as an estoppel to his afterwards setting it up against the state.” Under the circumstances of this case, petitioner clearly waived any complaint to the information, as well as the lack of a preliminary hearing on the second stage portion thereof.

11967–1967

Where else courts name it

PA 7 (1988–2025) OH 6 (2001–2023) OK 5 (1967–2018) IL 2 (1975–2026) NY 2 (1966–2018) MS 2 (1995–2018) AR 2 (2001–2021) GA 2 (1979–1999) UT 2 (2006–2013) TN 2 (1988–2019) MO 2 (1966–1975) WV 2 (2021–2023) AZ 2 (1967–1976)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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