first degree manslaughter instruction (Oklahoma) · Go Syfert
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first degree manslaughter instruction in Oklahoma

8 Oklahoma opinions name it 1 courts 1988–2021 1 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 (4)

CaseFollowedCited
DAVIS v. STATEgreen
oklacrimapp · 2018 · cited in 1 Oklahoma opinions naming this issue, 2021–2021
2 sentences

2021Davis v. State, 2018 OK CR 7, ¶ 7, 419 P.3d 271, 277.

2021Davis v. State, 2018 OK CR 7, ¶ 7, 419 P.3d 271, 277.

11
Hogan v. Gibsongreen
ca10 · 1999 · cited in 1 Oklahoma opinions naming this issue, 2006–2006
1 sentence

2006See Hogan v. Gibson, 197 F.3d 1297, 1306 (10th Cir.1999) ("[T]he Oklahoma Court of Criminal Appeals engaged in the wrong inquiry— asking on rehearing whether Hogan’s self-defense instruction constituted a lesser included instruction, or initially whether the evidence was sufficient to support conviction on the greater charger, but never engaging in the correct inquiry as to whether Hogan presented sufficient evidence to warrant a first-degree manslaughter instruction.” (emphasis in original)).

11
Walton v. Stategreen
oklacrimapp · 1987 · cited in 1 Oklahoma opinions naming this issue, 1988–1988
1 sentence

1988We note, however, that Morgan was recently overruled in Walton v. State, 744 P.2d 977, 978 (Okl.Cr.1987).

11
McDonald v. Stategreen
oklacrimapp · 1984 · cited in 1 Oklahoma opinions naming this issue, 1988–1988
2 sentences

1988See generally, 21 O.S.1981, § 711; McDonald v. State, 674 P.2d 51, 54 (Okla.Crim.App. 1984).

1988See generally, 21 O.S. 1981 , § 711; McDonald v. State, 674 P.2d 51, 54 (Okla.

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 (5)

CaseCitedYears
Boyd v. State green
oklacrimapp · 1992
2 sentences

1994Boyd, 839 P.2d at 1367 .

1994Boyd, 839 P.2d at 1367 .

21994–1994
Walker v. State red
oklacrimapp · 1997
2 sentences

1998Accordingly, this proposition is denied. ¶ 5 In his first proposition, Richie claims ineffective assistance of trial counsel due to trial counsel’s failure to (1) investigate and pursue the issue of competency; (2) test the State’s evidence; (3) investigate Richie’s drug use the day of the crime; (4) investigate Richie’s mental deficiencies; (5) present available mitigation evidence of Richie’s organic brain damage; (6) request a jury instruction on voluntary intoxication; (7) present sufficient evidence as to intoxication warranting an instruction; (8) present sufficient evidence to support a

1998Accordingly, this proposition is denied. ¶ 5 In his first proposition, Richie claims ineffective assistance of trial counsel due to trial counsel's failure to (1) investigate and pursue the issue of competency; (2) test the State's evidence; (3) investigate Richie's drug use the day of the crime; (4) investigate Richie's mental deficiencies; (5) present available mitigation evidence of Richie's organic brain damage; (6) request a jury instruction on voluntary intoxication; (7) present sufficient evidence as to intoxication warranting an instruction; (8) present sufficient evidence to support a

11998–1998
Duvall v. State green
oklacrimapp · 1991
2 sentences

1994Duvall v. State, 825 P.2d 621 (Okl.Cr.1991), cert. denied, — U.S.-, 113 S.Ct. 224 , 121 L.Ed.2d 161 (1992).

1994Duvall v. State, 825 P.2d 621 (Okl.Cr. 1991), cert. denied, ___ U.S. ___, 113 S.Ct.224, 121 L.Ed.2d 161 (1992).

11994–1994
Saunders v. Riley green
scotus · 1992
1 sentence

1994Duvall v. State, 825 P.2d 621 (Okl.Cr.1991), cert. denied, — U.S.-, 113 S.Ct. 224 , 121 L.Ed.2d 161 (1992).

11994–1994
Morgan v. State red
oklacrimapp · 1975
2 sentences

1988Appellant cites Morgan v. State, 536 P.2d 952 (Okl.Cr.1975) for the proposition that in cases where competent evidence has been produced to warrant an instruction on self-defense, the trial court must also include a first degree manslaughter instruction.

1988Appellant cites Morgan v. State, 536 P.2d 952 (Okl.Cr.1975) for the proposition that in cases where competent evidence has been produced to warrant an instruction on self-defense, the trial court must also include a first degree manslaughter instruction.

11988–1988

Statutes the citing opinions construe

OK § Okla. Stat. tit. 21, § 701.7 (5) OK § Okla. Stat. tit. 21, § 711 (5) OK § Okla. Stat. tit. 21, § 701.13 (4) OK § Okla. Stat. tit. 12, § 2403 (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

OK 8 (1988–2021) KY 8 (1983–2025) MN 4 (1980–2005) UT 2 (2008–2008) WA 2 (1998–2019)

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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