second proposition error (Oklahoma) · Go Syfert
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second proposition error in Oklahoma

13 Oklahoma opinions name it 2 courts 1972–2015 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
Rodgers v. Stategreen
md · 1977 · cited in 2 Oklahoma opinions naming this issue, 2015–2015
2 sentences

2015See Rodgers, 280 Md. at 421 , 373 A.2d at 952 (Court's rejection of physical resistance "when balanced against the State's interest in discouraging violence, cannot be realistically considered a deprivation of liberty."). 183 In so ruling, we find the State's second proposition of error has merit, Assuming arguendo that Appellee perceived the initial stop to be unlawful, Appellee did not have the right to resist the stop.

2015See Rodgers, 280 Md. at 421 , 373 A.2d at 952 (Court's rejection of physical resistance "when balanced against the State's interest in discouraging violence, cannot be realistically considered a deprivation of liberty."). 183 In so ruling, we find the State's second proposition of error has merit, Assuming arguendo that Appellee perceived the initial stop to be unlawful, Appellee did not have the right to resist the stop.

22
JTP v. Stategreen
oklacrimapp · 1975 · cited in 1 Oklahoma opinions naming this issue, 1977–1977
1 sentence

1977See, J.T.P. v. State, Okl.Cr., 544 P.2d 1270 (1975); Matter of Sanders, Okl.Cr., 564 P.2d 273 (1977).

11
Reinhart & Donovan Co. v. Williamsongreen
okla · 1942 · cited in 1 Oklahoma opinions naming this issue, 1976–1976
2 sentences

1976The test of “re *1164 versible error” in an instruction is found in Reinhart and Donovan Co. v. Williamson, 191 Okl. 539 , 131 P.2d 765, at 766-767 (1942): “The test of reversible error in connection with an instruction given is whether or not the jury were misled so that they reached a different result than they would have reached but for the error, or whether there is a serious misdirection in the charge, excluding from the consideration of the jury an issue properly in the case.” The instructions fairly and clearly stated the test of in loco parentis as defined in Workman v. Workman: “The t

1976The test of “re *1164 versible error” in an instruction is found in Reinhart and Donovan Co. v. Williamson, 191 Okl. 539 , 131 P.2d 765, at 766-767 (1942): “The test of reversible error in connection with an instruction given is whether or not the jury were misled so that they reached a different result than they would have reached but for the error, or whether there is a serious misdirection in the charge, excluding from the consideration of the jury an issue properly in the case.” The instructions fairly and clearly stated the test of in loco parentis as defined in Workman v. Workman: “The t

11

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 (13)

CaseCitedYears
Cooper v. State green
oklacrimapp · 1978
2 sentences

1988This Court has strongly condemned such practices; and in extreme cases, has found it necessary to modify sentences, Cooper v. State, 584 P.2d 234 (Okl.Cr.1978), and reverse convictions, Wright v. State, 325 P.2d 1089 (Okl.Cr.1958).

1988This Court has strongly condemned such practices; and in extreme cases, has found it necessary to modify sentences, Cooper v. State, 584 P.2d 234 (Okl.Cr. 1978), and reverse convictions, Wright v. State, 325 P.2d 1089 (Okl.

11988–1988
Wright v. State green
oklacrimapp · 1958
2 sentences

1988This Court has strongly condemned such practices; and in extreme cases, has found it necessary to modify sentences, Cooper v. State, 584 P.2d 234 (Okl.Cr.1978), and reverse convictions, Wright v. State, 325 P.2d 1089 (Okl.Cr.1958).

1988This Court has strongly condemned such practices; and in extreme cases, has found it necessary to modify sentences, Cooper v. State, 584 P.2d 234 (Okl.Cr. 1978), and reverse convictions, Wright v. State, 325 P.2d 1089 (Okl.

11988–1988
Mintz v. State green
oklacrimapp · 1979
1 sentence

1983To support his argument, the appellant cites Mintz v. State, 593 P.2d 1093 (Okl.Cr.1979).

11983–1983
Burks v. State red
oklacrimapp · 1979
1 sentence

1983Finally, it is alleged that evidence of another crime committed by the appellant was introduced at trial in violation of Burks v. State, 594 P.2d 771 (Okl.Cr.1979).

11983–1983
Woodard v. State neutral
oklacrimapp · 1977
1 sentence

1982Sufficiency of the evidence is a jury question, Woodard v. State, 567 P.2d 512 (Okl.Cr.1977), and as long as there is competent evidence from which the jury could reasonably conclude that the appellant was guilty as charged, this Court will not interfere with the verdict.

11982–1982
Matter of Sanders green
oklacrimapp · 1977
1 sentence

1977See, J.T.P. v. State, Okl.Cr., 544 P.2d 1270 (1975); Matter of Sanders, Okl.Cr., 564 P.2d 273 (1977).

11977–1977
Carroll v. United States green
scotus · 1925
2 sentences

1975In Draper v. United States, 358 U.S. 307 , 79 S.Ct. 329 , 3 L.Ed.2d 327 (1959), citing with approval Carroll v. United States, 267 U.S. 132, 162 , 45 S.Ct. 280 , 69 L.Ed.2d 543 , 555, the Supreme Court of the United States defined probable cause in the following terms: “Probable cause exists where ‘the facts and circumstances with [the arresting officers’] knowledge and of which they had reasonably trustworthy information [are] sufficient in themselves to warrant a man of reasonable caution in the belief that’ an offense has been or is being committed.” For a more in-depth discussion of this p

1975In Draper v. United States, 358 U.S. 307 , 79 S.Ct. 329 , 3 L.Ed.2d 327 (1959), citing with approval Carroll v. United States, 267 U.S. 132, 162 , 45 S.Ct. 280 , 69 L.Ed.2d 543 , 555, the Supreme Court of the United States defined probable cause in the following terms: “Probable cause exists where ‘the facts and circumstances with [the arresting officers’] knowledge and of which they had reasonably trustworthy information [are] sufficient in themselves to warrant a man of reasonable caution in the belief that’ an offense has been or is being committed.” For a more in-depth discussion of this p

11975–1975
Draper v. United States green
scotus · 1959
2 sentences

1975In Draper v. United States, 358 U.S. 307 , 79 S.Ct. 329 , 3 L.Ed.2d 327 (1959), citing with approval Carroll v. United States, 267 U.S. 132, 162 , 45 S.Ct. 280 , 69 L.Ed.2d 543 , 555, the Supreme Court of the United States defined probable cause in the following terms: “Probable cause exists where ‘the facts and circumstances with [the arresting officers’] knowledge and of which they had reasonably trustworthy information [are] sufficient in themselves to warrant a man of reasonable caution in the belief that’ an offense has been or is being committed.” For a more in-depth discussion of this p

1975In Draper v. United States, 358 U.S. 307 , 79 S.Ct. 329 , 3 L.Ed.2d 327 (1959), citing with approval Carroll v. United States, 267 U.S. 132, 162 , 45 S.Ct. 280 , 69 L.Ed.2d 543 , 555, the Supreme Court of the United States defined probable cause in the following terms: “Probable cause exists where ‘the facts and circumstances with [the arresting officers’] knowledge and of which they had reasonably trustworthy information [are] sufficient in themselves to warrant a man of reasonable caution in the belief that’ an offense has been or is being committed.” For a more in-depth discussion of this p

11975–1975
Grimes v. State green
oklacrimapp · 1974
1 sentence

1975In Draper v. United States, 358 U.S. 307 , 79 S.Ct. 329 , 3 L.Ed.2d 327 (1959), citing with approval Carroll v. United States, 267 U.S. 132, 162 , 45 S.Ct. 280 , 69 L.Ed.2d 543 , 555, the Supreme Court of the United States defined probable cause in the following terms: “Probable cause exists where ‘the facts and circumstances with [the arresting officers’] knowledge and of which they had reasonably trustworthy information [are] sufficient in themselves to warrant a man of reasonable caution in the belief that’ an offense has been or is being committed.” For a more in-depth discussion of this p

11975–1975
Cacy v. State neutral
oklacrimapp · 1972
1 sentence

1974In pressing the first proposition of error, defendant relies on this Court’s decision in Cacy v. State, Okl.Cr., 502 P.2d 1295 (1972), wherein this Court reversed a conviction for the offense of receiving stolen property because of a lack of corroboration.

11974–1974
Box v. State green
oklacrimapp · 1973
1 sentence

1973In the very recent decision of Box v. State, Okl.Cr., 505 P.2d 995 (1973), this Court affirmed a judgment and sentence of four years in a Larceny of Domestic Animals case and in the body of the opinion the following language appears: “For the evidence to support a conviction, it is not necessary that there be any eye witness to the actual theft, or a witness who can place the defendant at the scene of the crime.

11973–1973
Fields v. State green
oklacrimapp · 1961
1 sentence

1973In Fields v. State, Okl.Cr., 364 P.2d 723 , we stated: “Turning to the second proposition of error relating to the admission and exclusion of evidence and other rulings of the trial court we must observe initially that if counsel bases error upon alleged mistakes or errors made during the course of the trial, proper objections must be interposed and preserved in the record before it will be the basis of reversal in instances where no fundamental right of the defendant has been violated.

11973–1973
Bohannon v. State neutral
oklacrimapp · 1954
1 sentence

1972In Bohannon v. State, Okl.Cr., 271 P.2d 739 , the trial court suspended the sentence and fine of the defendant, who was convicted of Omitting to Provide for a Minor Child, upon condition he pay child support of $50.00 per month and an additional $15.-00 per month until all back child support was paid.

11972–1972

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