reasonable-hypothesis test in Oklahoma

10 Oklahoma opinions name it 1 courts 1988–2012 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 (6)

Case	Followed	Cited
Easlick v. Stategreen oklacrimapp · 2004 · cited in 5 Oklahoma opinions naming this issue, 2004–2012 2 sentences 2012In Lay v. State, 2008 OK CR 7 , 179 P.3d 615 , the trial court modified this instruction by eliminating the reasonable hypothesis test in its third and fourth sentences in order to conform to Easlick v. State, 2004 OK CR 21, ¶ 15 , 90 P.3d 556, 559 . 2012In Lay v. State, 2008 OK CR 7 , 179 P.3d 615 , the trial court modified this instruction by eliminating the reasonable hypothesis test in its third and fourth sentences in order to conform to Easlick v. State, 2004 OK CR 21, ¶ 15 , 90 P.3d 556, 559 .	1	5
Jackson v. Virginiared scotus · 1979 · cited in 3 Oklahoma opinions naming this issue, 2004–2006 2 sentences 2004However, the trial judge was made aware of it, and we may rightfully consider it here on the issue of venue. [14] I began challenging use of the reasonable hypothesis test in my specially concurring opinion in White v. State, 1995 OK CR 15 , 900 P.2d 982 , 993-995 finding the United States Supreme Court had long ago abandoned the idea that "circumstantial evidence was somehow more suspect or less reliable than direct evidence." I have consistently urged the Court to abandon the test and apply the test enunciated in Spuehler and Jackson v. Virginia, 443 U.S. 307, 319 , 99 S.Ct. 2781, 2789 , 61 2004However, the trial judge was made aware of it, and we may rightfully consider it here on the issue of venue. [14] I began challenging use of the reasonable hypothesis test in my specially concurring opinion in White v. State, 1995 OK CR 15 , 900 P.2d 982 , 993-995 finding the United States Supreme Court had long ago abandoned the idea that "circumstantial evidence was somehow more suspect or less reliable than direct evidence." I have consistently urged the Court to abandon the test and apply the test enunciated in Spuehler and Jackson v. Virginia, 443 U.S. 307, 319 , 99 S.Ct. 2781, 2789 , 61	1	3
Spuehler v. Stategreen oklacrimapp · 1985 · cited in 1 Oklahoma opinions naming this issue, 2006–2006 2 sentences 2006See Spuehler v. State, 1985 OK CR 132 , ¶ 7, 709 P.2d 202 , 203-04 quoting Jackson v. Virginia, 443 U.S. 307, 316 , 99 S.Ct. 2781, 2787 , 61 L.Ed.2d 560 (1979). 2006See Spuehler v. State, 1985 OK CR 132 , ¶ 7, 709 P.2d 202 , 203-04 quoting Jackson v. Virginia, 443 U.S. 307, 316 , 99 S.Ct. 2781, 2787 , 61 L.Ed.2d 560 (1979).	1	1
Lott v. Stategreen oklacrimapp · 2004 · cited in 1 Oklahoma opinions naming this issue, 2004–2004 2 sentences 2004See Lott v. State, 2004 OK CR 27, ¶ 109 , 98 P.3d 318 . 2004See Lott v. State, 2004 OK CR 27, ¶ 109 , 98 P.3d 318 .	1	1
McCarty v. Stategreen oklacrimapp · 1995 · cited in 1 Oklahoma opinions naming this issue, 1997–1997 2 sentences 1997In McCarty v. State, 904 P.2d 110, 119 (Okl.Cr. 1995), the Court similarly employed the reasonable hypothesis test when the State's evidence was circumstantial and the defendant had made statements to police and third parties. 1997In McCarty v. State, 904 P.2d 110, 119 (Okl.Cr.1995), the Court similarly employed the reasonable hypothesis test when the State’s evidence was circumstantial and the defendant had made statements to police and third parties.	1	1
Tharps v. Stategreen oklacrimapp · 1976 · cited in 1 Oklahoma opinions naming this issue, 1988–1988 1 sentence 1988See Tharps v. State, 555 P.2d 1054, 1058 (Okl.Cr.1976).	1	1

Distinguished, questioned or overruled (0)

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

Also cited on this issue (8)

Case	Cited	Years
Harmon v. State green oklacrimapp · 2011 2 sentences 2012In Harmon v. State, 2011 OK CR 6, ¶ 57 , 248 P.3d 918, 938 , the Oklahoma Court of Criminal Appeals held that the reasoning of Easlick v. State, 2004 OK CR 21, ¶ 15 , 90 P.3d 556, 557 , applied to both the first and second stage instructions, and that the reasonable hypothesis test should be removed from OUJI-CR 4-77. 2012In Harmon v. State, 2011 OK CR 6, ¶ 57 , 248 P.3d 918, 938 , the Oklahoma Court of Criminal Appeals held that the reasoning of Easlick v. State, 2004 OK CR 21, ¶ 15 , 90 P.3d 556, 557 , applied to both the first and second stage instructions, and that the reasonable hypothesis test should be removed from OUJI-CR 4-77.	1	2012–2012
Lay v. State green oklacrimapp · 2008 2 sentences 2012In Lay v. State, 2008 OK CR 7 , 179 P.3d 615 , the trial court modified this instruction by eliminating the reasonable hypothesis test in its third and fourth sentences in order to conform to Easlick v. State, 2004 OK CR 21, ¶ 15 , 90 P.3d 556, 559 . 2012In Lay v. State, 2008 OK CR 7 , 179 P.3d 615 , the trial court modified this instruction by eliminating the reasonable hypothesis test in its third and fourth sentences in order to conform to Easlick v. State, 2004 OK CR 21, ¶ 15 , 90 P.3d 556, 559 .	1	2012–2012
Malone v. State green oklacrimapp · 2002 2 sentences 2006Malone v. State, 2002 OK CR 34 , 58 P.3d 208, 209 . 2006Malone v. State, 2002 OK CR 34 , 58 P.3d 208, 209 .	1	2006–2006
Selsor v. Turnbull green oklacrimapp · 1997 2 sentences 2006Selsor v. Turnbull, 1997 OK CR 61, ¶ 10 , 947 P.2d 579 , 863 583. 2006Selsor v. Turnbull, 1997 OK CR 61, ¶ 10 , 947 P.2d 579 , 863 583.	1	2006–2006
White v. State green oklacrimapp · 1995 2 sentences 2004However, the trial judge was made aware of it, and we may rightfully consider it here on the issue of venue. [14] I began challenging use of the reasonable hypothesis test in my specially concurring opinion in White v. State, 1995 OK CR 15 , 900 P.2d 982 , 993-995 finding the United States Supreme Court had long ago abandoned the idea that "circumstantial evidence was somehow more suspect or less reliable than direct evidence." I have consistently urged the Court to abandon the test and apply the test enunciated in Spuehler and Jackson v. Virginia, 443 U.S. 307, 319 , 99 S.Ct. 2781, 2789 , 61 2004However, the trial judge was made aware of it, and we may rightfully consider it here on the issue of venue. [14] I began challenging use of the reasonable hypothesis test in my specially concurring opinion in White v. State, 1995 OK CR 15 , 900 P.2d 982 , 993-995 finding the United States Supreme Court had long ago abandoned the idea that "circumstantial evidence was somehow more suspect or less reliable than direct evidence." I have consistently urged the Court to abandon the test and apply the test enunciated in Spuehler and Jackson v. Virginia, 443 U.S. 307, 319 , 99 S.Ct. 2781, 2789 , 61	1	2004–2004
Holland v. United States green scotus · 1955 2 sentences 2004However, given the current instructions defining direct and circumstantial evidence, the equal footing on which both types of evidence stand, along with the strength of the reasonable doubt standard, the fear of circumstantial evidence becomes unfounded. ¶ 7 In Holland v. United States, 348 U.S. 121, 139-40 , 75 S.Ct. 127, 137-38 , 99 L.Ed. 150 (1954), the Supreme Court held, if a proper reasonable doubt instruction is given, a jury need not be instructed that circumstantial evidence must be so strong as to exclude every reasonable hypothesis other than guilt. ¶ 8 The Supreme Court reasoned th 2004However, given the current instructions defining direct and circumstantial evidence, the equal footing on which both types of evidence stand, along with the strength of the reasonable doubt standard, the fear of circumstantial evidence becomes unfounded. ¶ 7 In Holland v. United States, 348 U.S. 121, 139-40 , 75 S.Ct. 127, 137-38 , 99 L.Ed. 150 (1954), the Supreme Court held, if a proper reasonable doubt instruction is given, a jury need not be instructed that circumstantial evidence must be so strong as to exclude every reasonable hypothesis other than guilt. ¶ 8 The Supreme Court reasoned th	1	2004–2004
Smith v. State green oklacrimapp · 1985 2 sentences 2004However, whether we apply Easlick or the reasonable hypothesis standard of Smith v. State, 1985 OK CR 15, ¶ 7 , 695 P.2d at 1362, the evidence is sufficient to support the guilty verdicts. ¶ 3 In Proposition 13, admission of Donna Sanford’s victim impact testimony was a violation of 22 O.S.2001, § 984.1(A). 2004However, whether we apply Easlick or the reasonable hypothesis standard of Smith v. State, 1985 OK CR 15, ¶ 7 , 695 P.2d at 1362, the evidence is sufficient to support the guilty verdicts. ¶ 3 In Proposition 13, admission of Donna Sanford's victim impact testimony was a violation of 22 O.S.2001, § 984.1(A).	1	2004–2004
Hill v. State green oklacrimapp · 1995 2 sentences 1997However, in Hill, 898 P.2d at 166 , this Court employed the reasonable hypothesis test when the State relied on circumstantial evidence to prove its case even though the defendant had taken the stand. 1997However, in Hill, 898 P.2d at 166 , this Court employed the reasonable hypothesis test when the State relied on circumstantial evidence to prove its case even though the defendant had taken the stand.	1	1997–1997

Statutes the citing opinions construe

OK § Okla. Stat. tit. 21, § 701.7 (5) OK § Okla. Stat. tit. 12, § 2403 (4) OK § Okla. Stat. tit. 21, § 701.13 (4) OK § Okla. Stat. tit. 21, § 701.10 (3) OK § Okla. Stat. tit. 21, § 701.12 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

VA 69 (2004–2026) TX 31 (1983–2025) GA 17 (1976–2024) OK 10 (1988–2012) NY 4 (1985–1987) IL 3 (1986–2024)

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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