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8 Oklahoma opinions name it 1 courts 1996–2018 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.
| Case | Followed | Cited |
|---|---|---|
Frederick v. Stategreen2 sentences2018See Frederick v. State , 2001 OK CR 34 , ¶ 98, 37 P.3d 908 , 935 ; Davis v. State , 1983 OK CR 57 , ¶ 48, 665 P.2d 1186 , 1198. ¶45 The third and final sentence of the text message ("Isaiah Tryon is the guy who choked nd [sic] nearly killed me Saturday") was also arguably admissible under the state of mind exception. 12 O.S.2011, § 2803(3). 2018See Frederick v. State , 2001 OK CR 34 , ¶ 98, 37 P.3d 908 , 935 ; Davis v. State , 1983 OK CR 57 , ¶ 48, 665 P.2d 1186 , 1198. ¶45 The third and final sentence of the text message ("Isaiah Tryon is the guy who choked nd [sic] nearly killed me Saturday") was also arguably admissible under the state of mind exception. 12 O.S.2011, § 2803(3). | 2 | 2 |
Duvall v. Stategreen2 sentences1999Duvall v. State, 1991 OK CR 64, ¶ 6 , 825 P.2d 621, 626 , cert. denied, 506 U.S. 878 , 113 S.Ct. 224 , 121 L.Ed.2d 161 (1992). 1999Duvall v. State, 1991 OK CR 64, ¶ 6 , 825 P.2d 621, 626 , cert. denied, 506 U.S. 878 , 113 S.Ct. 224 , 121 L.Ed.2d 161 (1992). | 1 | 3 |
Lamb v. Stategreen2 sentences2018Cf. Andrew v. State , 2007 OK CR 23 , ¶ 30, 164 P.3d at 189 (victim's recorded antecedent declaration to Prudential Insurance representatives of his belief that his wife and her lover tried to kill him by cutting the brake lines to his car was admissible under the state of mind exception to show victim's fear and to provide motive); Lamb v. State , 1988 OK CR 296 , ¶¶ 7-8, 767 P.2d 887 , 890 (testimony by witnesses that murder victim told them that the defendant, her husband, had previously committed battery on her, had threatened her and that she was afraid of him admissible under state of mi 2018Cf. Andrew v. State , 2007 OK CR 23 , ¶ 30, 164 P.3d at 189 (victim's recorded antecedent declaration to Prudential Insurance representatives of his belief that his wife and her lover tried to kill him by cutting the brake lines to his car was admissible under the state of mind exception to show victim's fear and to provide motive); Lamb v. State , 1988 OK CR 296 , ¶¶ 7-8, 767 P.2d 887 , 890 (testimony by witnesses that murder victim told them that the defendant, her husband, had previously committed battery on her, had threatened her and that she was afraid of him admissible under state of mi | 1 | 2 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Oklahoma. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Washington v. State
green
2 sentences2018Testimony showing ill feeling, threats, or similar conduct by one spouse toward another in a marital homicide case is relevant and statements by the deceased expressing fear of a spouse are admissible under the state of mind exception to the hearsay rule Washington v. State , 1999 OK CR 22 , ¶ 36, 989 P.2d 960 , 973. ¶ 112 Fabion, however, argues that the amount of evidence was cumulative and unduly prejudicial. 2018Testimony showing ill feeling, threats, or similar conduct by one spouse toward another in a marital homicide case is relevant and statements by the deceased expressing fear of a spouse are admissible under the state of mind exception to the hearsay rule Washington v. State , 1999 OK CR 22 , ¶ 36, 989 P.2d 960 , 973. ¶ 112 Fabion, however, argues that the amount of evidence was cumulative and unduly prejudicial. | 3 | 2007–2018 |
Davis v. State
green
2 sentences2018See Frederick v. State , 2001 OK CR 34 , ¶ 98, 37 P.3d 908 , 935 ; Davis v. State , 1983 OK CR 57 , ¶ 48, 665 P.2d 1186 , 1198. ¶45 The third and final sentence of the text message ("Isaiah Tryon is the guy who choked nd [sic] nearly killed me Saturday") was also arguably admissible under the state of mind exception. 12 O.S.2011, § 2803(3). 2018See Frederick v. State , 2001 OK CR 34 , ¶ 98, 37 P.3d 908 , 935 ; Davis v. State , 1983 OK CR 57 , ¶ 48, 665 P.2d 1186 , 1198. ¶45 The third and final sentence of the text message ("Isaiah Tryon is the guy who choked nd [sic] nearly killed me Saturday") was also arguably admissible under the state of mind exception. 12 O.S.2011, § 2803(3). | 2 | 2018–2018 |
Hooper v. State
green
2 sentences2018We have held in domestic homicide cases that "[a] victim's hearsay statements describing threats and beatings are admissible to show the victim's state of mind and indicate fear of a defendant ... evidence of prior threats, assaults, and battery on a victim is proper to show the victim's state of mind[.]" Hooper v. State , 1997 OK CR 64 , ¶ 28, 947 P.2d 1090 , 1102. 2018We have held in domestic homicide cases that "[a] victim's hearsay statements describing threats and beatings are admissible to show the victim's state of mind and indicate fear of a defendant ... evidence of prior threats, assaults, and battery on a victim is proper to show the victim's state of mind[.]" Hooper v. State , 1997 OK CR 64 , ¶ 28, 947 P.2d 1090 , 1102. | 2 | 2018–2018 |
Andrew v. State
green
2 sentences2018Cf. Andrew v. State , 2007 OK CR 23 , ¶ 30, 164 P.3d at 189 (victim's recorded antecedent declaration to Prudential Insurance representatives of his belief that his wife and her lover tried to kill him by cutting the brake lines to his car was admissible under the state of mind exception to show victim's fear and to provide motive); Lamb v. State , 1988 OK CR 296 , ¶¶ 7-8, 767 P.2d 887 , 890 (testimony by witnesses that murder victim told them that the defendant, her husband, had previously committed battery on her, had threatened her and that she was afraid of him admissible under state of mi 2018Cf. Andrew v. State , 2007 OK CR 23, ¶ 30 , 164 P.3d at 189 (victim's recorded antecedent declaration to Prudential Insurance representatives of his belief that his wife and her lover tried to kill him by cutting the brake lines to his car was admissible under the state of mind exception to show victim's fear and to provide motive); Lamb v. State , 1988 OK CR 296, ¶¶ 7-8 , 767 P.2d 887, 890 (testimony by witnesses that murder victim told them that the defendant, her husband, had previously committed battery on her, had threatened her and that she was afraid of him admissible under state of min | 2 | 2018–2018 |
Saunders v. Riley
green
2 sentences1999Duvall v. State, 1991 OK CR 64, ¶ 6 , 825 P.2d 621, 626 , cert. denied, 506 U.S. 878 , 113 S.Ct. 224 , 121 L.Ed.2d 161 (1992). 1999Duvall v. State, 1991 OK CR 64, ¶ 6 , 825 P.2d 621, 626 , cert. denied, 506 U.S. 878 , 113 S.Ct. 224 , 121 L.Ed.2d 161 (1992). | 2 | 1999–1999 |
Osburn v. United States
green
2 sentences1999Duvall v. State, 1991 OK CR 64, ¶ 6 , 825 P.2d 621, 626 , cert. denied, 506 U.S. 878 , 113 S.Ct. 224 , 121 L.Ed.2d 161 (1992). 1999Duvall v. State, 1991 OK CR 64, ¶ 6 , 825 P.2d 621, 626 , cert. denied, 506 U.S. 878 , 113 S.Ct. 224 , 121 L.Ed.2d 161 (1992). | 2 | 1999–1999 |
Welch v. State
green
2 sentences2007"Such antecedent declarations by a decedent are admissible in a homicide case to show the decedent's state of mind toward the defendant or to supply the motive for killing." Welch v. State, 2000 OK CR 8 , ś 28, 2 P.3d 356, 370 . *189 Testimony showing ill feeling, threats, or similar conduct by one spouse toward another in a marital homicide case is relevant and statements by the deceased expressing fear of a spouse are admissible under the state of mind exception to the hearsay rule. 2007"Such antecedent declarations by a decedent are admissible in a homicide case to show the decedent's state of mind toward the defendant or to supply the motive for killing." Welch v. State, 2000 OK CR 8 , ś 28, 2 P.3d 356, 370 . *189 Testimony showing ill feeling, threats, or similar conduct by one spouse toward another in a marital homicide case is relevant and statements by the deceased expressing fear of a spouse are admissible under the state of mind exception to the hearsay rule. | 1 | 2007–2007 |
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.
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.