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8 Oklahoma opinions name it 1 courts 1999–2024 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.
| Case | Followed | Cited |
|---|---|---|
Shrum v. Stategreen2 sentences2024We have also recognized as lesser crimes those which "are in the same class of offenses and are closely or inherently related, [though their] elements do not satisfy the strict statutory elements test." Shrum v. State , 1999 OK CR 41, ¶ 4, 991 P.2d 1032, 1034. ¶30 Section 856.3 lacks the essential character of a lesser-included offense under either approach. 2024We have also recognized as lesser crimes those which "are in the same class of offenses and are closely or inherently related, [though their] elements do not satisfy the strict statutory elements test." Shrum v. State , 1999 OK CR 41, ¶ 4, 991 P.2d 1032, 1034. ¶30 Section 856.3 lacks the essential character of a lesser-included offense under either approach. | 2 | 7 |
Riley v. Stategreen2 sentences1999Under the strict statutory elements test first degree heat of passion manslaughter is not a lesser included offense of first degree malice murder because there are instances where the crime of first degree malice murder could be committed under circumstances which would not also include the elements of first degree heat of passion manslaughter. [6] See, e.g., Riley v. State, 1997 OK CR 51, ¶¶ 14-15 , 947 P.2d 530, 533-34 (because all essential elements of lewd molestation were included in the rape charge, lewd molestation in this case was a lesser included offense of rape); Morris v. State, 19 1999Under the strict statutory elements test first degree heat of passion manslaughter is not a lesser included offense of first degree malice murder because there are instances where the crime of first degree malice murder could be committed under circumstances which would not also include the elements of first degree heat of passion manslaughter. [6] See, e.g., Riley v. State, 1997 OK CR 51, ¶¶ 14-15 , 947 P.2d 530, 533-34 (because all essential elements of lewd molestation were included in the rape charge, lewd molestation in this case was a lesser included offense of rape); Morris v. State, 19 | 1 | 1 |
Malone v. Stategreen1 sentence1999Under the strict statutory elements test first degree heat of passion manslaughter is not a lesser included offense of first degree malice murder because there are instances where the crime of first degree malice murder could be committed under circumstances which would not also include the elements of first degree heat of passion manslaughter. [6] See, e.g., Riley v. State, 1997 OK CR 51, ¶¶ 14-15 , 947 P.2d 530, 533-34 (because all essential elements of lewd molestation were included in the rape charge, lewd molestation in this case was a lesser included offense of rape); Morris v. State, 19 | 1 | 1 |
Morris v. Stategreen2 sentences1999Under the strict statutory elements test first degree heat of passion manslaughter is not a lesser included offense of first degree malice murder because there are instances where the crime of first degree malice murder could be committed under circumstances which would not also include the elements of first degree heat of passion manslaughter. [6] See, e.g., Riley v. State, 1997 OK CR 51, ¶¶ 14-15 , 947 P.2d 530, 533-34 (because all essential elements of lewd molestation were included in the rape charge, lewd molestation in this case was a lesser included offense of rape); Morris v. State, 19 1999Under the strict statutory elements test first degree heat of passion manslaughter is not a lesser included offense of first degree malice murder because there are instances where the crime of first degree malice murder could be committed under circumstances which would not also include the elements of first degree heat of passion manslaughter. [6] See, e.g., Riley v. State, 1997 OK CR 51, ¶¶ 14-15 , 947 P.2d 530, 533-34 (because all essential elements of lewd molestation were included in the rape charge, lewd molestation in this case was a lesser included offense of rape); Morris v. State, 19 | 1 | 1 |
Smith v. Stategreen2 sentences1999Under the strict statutory elements test first degree heat of passion manslaughter is not a lesser included offense of first degree malice murder because there are instances where the crime of first degree malice murder could be committed under circumstances which would not also include the elements of first degree heat of passion manslaughter. [6] See, e.g., Riley v. State, 1997 OK CR 51, ¶¶ 14-15 , 947 P.2d 530, 533-34 (because all essential elements of lewd molestation were included in the rape charge, lewd molestation in this case was a lesser included offense of rape); Morris v. State, 19 1999Under the strict statutory elements test first degree heat of passion manslaughter is not a lesser included offense of first degree malice murder because there are instances where the crime of first degree malice murder could be committed under circumstances which would not also include the elements of first degree heat of passion manslaughter. [6] See, e.g., Riley v. State, 1997 OK CR 51, ¶¶ 14-15 , 947 P.2d 530, 533-34 (because all essential elements of lewd molestation were included in the rape charge, lewd molestation in this case was a lesser included offense of rape); Morris v. State, 19 | 1 | 1 |
Stokes v. Stategreen2 sentences1999Under the strict statutory elements test first degree heat of passion manslaughter is not a lesser included offense of first degree malice murder because there are instances where the crime of first degree malice murder could be committed under circumstances which would not also include the elements of first degree heat of passion manslaughter. [6] See, e.g., Riley v. State, 1997 OK CR 51, ¶¶ 14-15 , 947 P.2d 530, 533-34 (because all essential elements of lewd molestation were included in the rape charge, lewd molestation in this case was a lesser included offense of rape); Morris v. State, 19 1999Under the strict statutory elements test first degree heat of passion manslaughter is not a lesser included offense of first degree malice murder because there are instances where the crime of first degree malice murder could be committed under circumstances which would not also include the elements of first degree heat of passion manslaughter. [6] See, e.g., Riley v. State, 1997 OK CR 51, ¶¶ 14-15 , 947 P.2d 530, 533-34 (because all essential elements of lewd molestation were included in the rape charge, lewd molestation in this case was a lesser included offense of rape); Morris v. State, 19 | 1 | 1 |
Kelly v. Stategreen2 sentences1999Under the strict statutory elements test first degree heat of passion manslaughter is not a lesser included offense of first degree malice murder because there are instances where the crime of first degree malice murder could be committed under circumstances which would not also include the elements of first degree heat of passion manslaughter. [6] See, e.g., Riley v. State, 1997 OK CR 51, ¶¶ 14-15 , 947 P.2d 530, 533-34 (because all essential elements of lewd molestation were included in the rape charge, lewd molestation in this case was a lesser included offense of rape); Morris v. State, 19 1999Under the strict statutory elements test first degree heat of passion manslaughter is not a lesser included offense of first degree malice murder because there are instances where the crime of first degree malice murder could be committed under circumstances which would not also include the elements of first degree heat of passion manslaughter. [6] See, e.g., Riley v. State, 1997 OK CR 51, ¶¶ 14-15 , 947 P.2d 530, 533-34 (because all essential elements of lewd molestation were included in the rape charge, lewd molestation in this case was a lesser included offense of rape); Morris v. State, 19 | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
Stokes v. Stategreen2 sentences1999Under the strict statutory elements test first degree heat of passion manslaughter is not a lesser included offense of first degree malice murder because there are instances where the crime of first degree malice murder could be committed under circumstances which would not also include the elements of first degree heat of passion manslaughter. [6] See, e.g., Riley v. State, 1997 OK CR 51, ¶¶ 14-15 , 947 P.2d 530, 533-34 (because all essential elements of lewd molestation were included in the rape charge, lewd molestation in this case was a lesser included offense of rape); Morris v. State, 19 1999Under the strict statutory elements test first degree heat of passion manslaughter is not a lesser included offense of first degree malice murder because there are instances where the crime of first degree malice murder could be committed under circumstances which would not also include the elements of first degree heat of passion manslaughter. [6] See, e.g., Riley v. State, 1997 OK CR 51, ¶¶ 14-15 , 947 P.2d 530, 533-34 (because all essential elements of lewd molestation were included in the rape charge, lewd molestation in this case was a lesser included offense of rape); Morris v. State, 19 | 1 | 1 |
| Case | Cited | Years |
|---|---|---|
Davis v. State
green
2 sentences2018Davis , 2011 OK CR 29 , ¶ 101, 268 P.3d at 116 . 2018Davis , 2011 OK CR 29 , ¶ 101, 268 P.3d at 116 . | 2 | 2018–2018 |
STATE v. TUBBY
green
2 sentences2018"However, in Shrum v. State , 1999 OK CR 41 , 991 P.2d 1032 , 1035, a majority of this Court determined the 'strict statutory elements approach' was too narrow and inflexible and broadened the rule to include situations 'where the lesser and greater offense are in the same class of offenses and are closely or inherently related, but the elements do not satisfy the strict statutory elements test.' " Id. , 2016 OK CR 17 , ¶ 7, 387 P.3d at 921 , quoting Shrum , 1999 OK CR 41 , ¶¶ 7-9, 991 P.2d at 1036 . ¶73 Prima facie evidence of the lesser offense must be presented at trial in order to warrant 2018"However, in Shrum v. State , 1999 OK CR 41 , 991 P.2d 1032 , 1035, a majority of this Court determined the 'strict statutory elements approach' was too narrow and inflexible and broadened the rule to include situations 'where the lesser and greater offense are in the same class of offenses and are closely or inherently related, but the elements do not satisfy the strict statutory elements test.' " Id. , 2016 OK CR 17 , ¶ 7, 387 P.3d at 921 , quoting Shrum , 1999 OK CR 41 , ¶¶ 7-9, 991 P.2d at 1036 . ¶73 Prima facie evidence of the lesser offense must be presented at trial in order to warrant | 2 | 2018–2018 |
Parker v. State
green
2 sentences1999Under the strict statutory elements test first degree heat of passion manslaughter is not a lesser included offense of first degree malice murder because there are instances where the crime of first degree malice murder could be committed under circumstances which would not also include the elements of first degree heat of passion manslaughter. [6] See, e.g., Riley v. State, 1997 OK CR 51, ¶¶ 14-15 , 947 P.2d 530, 533-34 (because all essential elements of lewd molestation were included in the rape charge, lewd molestation in this case was a lesser included offense of rape); Morris v. State, 19 1999Under the strict statutory elements test first degree heat of passion manslaughter is not a lesser included offense of first degree malice murder because there are instances where the crime of first degree malice murder could be committed under circumstances which would not also include the elements of first degree heat of passion manslaughter. [6] See, e.g., Riley v. State, 1997 OK CR 51, ¶¶ 14-15 , 947 P.2d 530, 533-34 (because all essential elements of lewd molestation were included in the rape charge, lewd molestation in this case was a lesser included offense of rape); Morris v. State, 19 | 1 | 1999–1999 |
Lopez v. State
green
2 sentences1999Under the strict statutory elements test first degree heat of passion manslaughter is not a lesser included offense of first degree malice murder because there are instances where the crime of first degree malice murder could be committed under circumstances which would not also include the elements of first degree heat of passion manslaughter. [6] See, e.g., Riley v. State, 1997 OK CR 51, ¶¶ 14-15 , 947 P.2d 530, 533-34 (because all essential elements of lewd molestation were included in the rape charge, lewd molestation in this case was a lesser included offense of rape); Morris v. State, 19 1999Under the strict statutory elements test first degree heat of passion manslaughter is not a lesser included offense of first degree malice murder because there are instances where the crime of first degree malice murder could be committed under circumstances which would not also include the elements of first degree heat of passion manslaughter. [6] See, e.g., Riley v. State, 1997 OK CR 51, ¶¶ 14-15 , 947 P.2d 530, 533-34 (because all essential elements of lewd molestation were included in the rape charge, lewd molestation in this case was a lesser included offense of rape); Morris v. State, 19 | 1 | 1999–1999 |
Malone v. State
green
1 sentence1999Under the strict statutory elements test first degree heat of passion manslaughter is not a lesser included offense of first degree malice murder because there are instances where the crime of first degree malice murder could be committed under circumstances which would not also include the elements of first degree heat of passion manslaughter. [6] See, e.g., Riley v. State, 1997 OK CR 51, ¶¶ 14-15 , 947 P.2d 530, 533-34 (because all essential elements of lewd molestation were included in the rape charge, lewd molestation in this case was a lesser included offense of rape); Morris v. State, 19 | 1 | 1999–1999 |
Wood v. Santa Barbara Chamber of Commerce, Inc.
green
1 sentence1999Under the strict statutory elements test first degree heat of passion manslaughter is not a lesser included offense of first degree malice murder because there are instances where the crime of first degree malice murder could be committed under circumstances which would not also include the elements of first degree heat of passion manslaughter. [6] See, e.g., Riley v. State, 1997 OK CR 51, ¶¶ 14-15 , 947 P.2d 530, 533-34 (because all essential elements of lewd molestation were included in the rape charge, lewd molestation in this case was a lesser included offense of rape); Morris v. State, 19 | 1 | 1999–1999 |
Brown v. Rose
green
1 sentence1999Under the strict statutory elements test first degree heat of passion manslaughter is not a lesser included offense of first degree malice murder because there are instances where the crime of first degree malice murder could be committed under circumstances which would not also include the elements of first degree heat of passion manslaughter. [6] See, e.g., Riley v. State, 1997 OK CR 51, ¶¶ 14-15 , 947 P.2d 530, 533-34 (because all essential elements of lewd molestation were included in the rape charge, lewd molestation in this case was a lesser included offense of rape); Morris v. State, 19 | 1 | 1999–1999 |
English v. McKaskle
green
1 sentence1999Under the strict statutory elements test first degree heat of passion manslaughter is not a lesser included offense of first degree malice murder because there are instances where the crime of first degree malice murder could be committed under circumstances which would not also include the elements of first degree heat of passion manslaughter. [6] See, e.g., Riley v. State, 1997 OK CR 51, ¶¶ 14-15 , 947 P.2d 530, 533-34 (because all essential elements of lewd molestation were included in the rape charge, lewd molestation in this case was a lesser included offense of rape); Morris v. State, 19 | 1 | 1999–1999 |
Penny v. State
green
2 sentences1999Under the strict statutory elements test first degree heat of passion manslaughter is not a lesser included offense of first degree malice murder because there are instances where the crime of first degree malice murder could be committed under circumstances which would not also include the elements of first degree heat of passion manslaughter. [6] See, e.g., Riley v. State, 1997 OK CR 51, ¶¶ 14-15 , 947 P.2d 530, 533-34 (because all essential elements of lewd molestation were included in the rape charge, lewd molestation in this case was a lesser included offense of rape); Morris v. State, 19 1999Under the strict statutory elements test first degree heat of passion manslaughter is not a lesser included offense of first degree malice murder because there are instances where the crime of first degree malice murder could be committed under circumstances which would not also include the elements of first degree heat of passion manslaughter. [6] See, e.g., Riley v. State, 1997 OK CR 51, ¶¶ 14-15 , 947 P.2d 530, 533-34 (because all essential elements of lewd molestation were included in the rape charge, lewd molestation in this case was a lesser included offense of rape); Morris v. State, 19 | 1 | 1999–1999 |
Tyler v. Ashcroft
neutral
1 sentence1999Under the strict statutory elements test first degree heat of passion manslaughter is not a lesser included offense of first degree malice murder because there are instances where the crime of first degree malice murder could be committed under circumstances which would not also include the elements of first degree heat of passion manslaughter. [6] See, e.g., Riley v. State, 1997 OK CR 51, ¶¶ 14-15 , 947 P.2d 530, 533-34 (because all essential elements of lewd molestation were included in the rape charge, lewd molestation in this case was a lesser included offense of rape); Morris v. State, 19 | 1 | 1999–1999 |
Jackson v. Peugh
green
1 sentence1999Under the strict statutory elements test first degree heat of passion manslaughter is not a lesser included offense of first degree malice murder because there are instances where the crime of first degree malice murder could be committed under circumstances which would not also include the elements of first degree heat of passion manslaughter. [6] See, e.g., Riley v. State, 1997 OK CR 51, ¶¶ 14-15 , 947 P.2d 530, 533-34 (because all essential elements of lewd molestation were included in the rape charge, lewd molestation in this case was a lesser included offense of rape); Morris v. State, 19 | 1 | 1999–1999 |
Funkhouser v. State
green
2 sentences1999Under the strict statutory elements test first degree heat of passion manslaughter is not a lesser included offense of first degree malice murder because there are instances where the crime of first degree malice murder could be committed under circumstances which would not also include the elements of first degree heat of passion manslaughter. [6] See, e.g., Riley v. State, 1997 OK CR 51, ¶¶ 14-15 , 947 P.2d 530, 533-34 (because all essential elements of lewd molestation were included in the rape charge, lewd molestation in this case was a lesser included offense of rape); Morris v. State, 19 1999Under the strict statutory elements test first degree heat of passion manslaughter is not a lesser included offense of first degree malice murder because there are instances where the crime of first degree malice murder could be committed under circumstances which would not also include the elements of first degree heat of passion manslaughter. [6] See, e.g., Riley v. State, 1997 OK CR 51, ¶¶ 14-15 , 947 P.2d 530, 533-34 (because all essential elements of lewd molestation were included in the rape charge, lewd molestation in this case was a lesser included offense of rape); Morris v. State, 19 | 1 | 1999–1999 |
Martin v. State
green
2 sentences1999Under the strict statutory elements test first degree heat of passion manslaughter is not a lesser included offense of first degree malice murder because there are instances where the crime of first degree malice murder could be committed under circumstances which would not also include the elements of first degree heat of passion manslaughter. [6] See, e.g., Riley v. State, 1997 OK CR 51, ¶¶ 14-15 , 947 P.2d 530, 533-34 (because all essential elements of lewd molestation were included in the rape charge, lewd molestation in this case was a lesser included offense of rape); Morris v. State, 19 1999Under the strict statutory elements test first degree heat of passion manslaughter is not a lesser included offense of first degree malice murder because there are instances where the crime of first degree malice murder could be committed under circumstances which would not also include the elements of first degree heat of passion manslaughter. [6] See, e.g., Riley v. State, 1997 OK CR 51, ¶¶ 14-15 , 947 P.2d 530, 533-34 (because all essential elements of lewd molestation were included in the rape charge, lewd molestation in this case was a lesser included offense of rape); Morris v. State, 19 | 1 | 1999–1999 |
Ross v. State
green
2 sentences1999Under the strict statutory elements test first degree heat of passion manslaughter is not a lesser included offense of first degree malice murder because there are instances where the crime of first degree malice murder could be committed under circumstances which would not also include the elements of first degree heat of passion manslaughter. [6] See, e.g., Riley v. State, 1997 OK CR 51, ¶¶ 14-15 , 947 P.2d 530, 533-34 (because all essential elements of lewd molestation were included in the rape charge, lewd molestation in this case was a lesser included offense of rape); Morris v. State, 19 1999Under the strict statutory elements test first degree heat of passion manslaughter is not a lesser included offense of first degree malice murder because there are instances where the crime of first degree malice murder could be committed under circumstances which would not also include the elements of first degree heat of passion manslaughter. [6] See, e.g., Riley v. State, 1997 OK CR 51, ¶¶ 14-15 , 947 P.2d 530, 533-34 (because all essential elements of lewd molestation were included in the rape charge, lewd molestation in this case was a lesser included offense of rape); Morris v. State, 19 | 1 | 1999–1999 |
Hale v. State
green
1 sentence1999Under the strict statutory elements test first degree heat of passion manslaughter is not a lesser included offense of first degree malice murder because there are instances where the crime of first degree malice murder could be committed under circumstances which would not also include the elements of first degree heat of passion manslaughter. [6] See, e.g., Riley v. State, 1997 OK CR 51, ¶¶ 14-15 , 947 P.2d 530, 533-34 (because all essential elements of lewd molestation were included in the rape charge, lewd molestation in this case was a lesser included offense of rape); Morris v. State, 19 | 1 | 1999–1999 |
Barr v. State
green
2 sentences1999Under the strict statutory elements test first degree heat of passion manslaughter is not a lesser included offense of first degree malice murder because there are instances where the crime of first degree malice murder could be committed under circumstances which would not also include the elements of first degree heat of passion manslaughter. [6] See, e.g., Riley v. State, 1997 OK CR 51, ¶¶ 14-15 , 947 P.2d 530, 533-34 (because all essential elements of lewd molestation were included in the rape charge, lewd molestation in this case was a lesser included offense of rape); Morris v. State, 19 1999Under the strict statutory elements test first degree heat of passion manslaughter is not a lesser included offense of first degree malice murder because there are instances where the crime of first degree malice murder could be committed under circumstances which would not also include the elements of first degree heat of passion manslaughter. [6] See, e.g., Riley v. State, 1997 OK CR 51, ¶¶ 14-15 , 947 P.2d 530, 533-34 (because all essential elements of lewd molestation were included in the rape charge, lewd molestation in this case was a lesser included offense of rape); Morris v. State, 19 | 1 | 1999–1999 |
Johnson v. State
green
1 sentence1999Under the strict statutory elements test first degree heat of passion manslaughter is not a lesser included offense of first degree malice murder because there are instances where the crime of first degree malice murder could be committed under circumstances which would not also include the elements of first degree heat of passion manslaughter. [6] See, e.g., Riley v. State, 1997 OK CR 51, ¶¶ 14-15 , 947 P.2d 530, 533-34 (because all essential elements of lewd molestation were included in the rape charge, lewd molestation in this case was a lesser included offense of rape); Morris v. State, 19 | 1 | 1999–1999 |
Darks v. State
green
2 sentences1999Under the strict statutory elements test first degree heat of passion manslaughter is not a lesser included offense of first degree malice murder because there are instances where the crime of first degree malice murder could be committed under circumstances which would not also include the elements of first degree heat of passion manslaughter. [6] See, e.g., Riley v. State, 1997 OK CR 51, ¶¶ 14-15 , 947 P.2d 530, 533-34 (because all essential elements of lewd molestation were included in the rape charge, lewd molestation in this case was a lesser included offense of rape); Morris v. State, 19 1999Under the strict statutory elements test first degree heat of passion manslaughter is not a lesser included offense of first degree malice murder because there are instances where the crime of first degree malice murder could be committed under circumstances which would not also include the elements of first degree heat of passion manslaughter. [6] See, e.g., Riley v. State, 1997 OK CR 51, ¶¶ 14-15 , 947 P.2d 530, 533-34 (because all essential elements of lewd molestation were included in the rape charge, lewd molestation in this case was a lesser included offense of rape); Morris v. State, 19 | 1 | 1999–1999 |
Ross v. Oklahoma
green
2 sentences1999Under the strict statutory elements test first degree heat of passion manslaughter is not a lesser included offense of first degree malice murder because there are instances where the crime of first degree malice murder could be committed under circumstances which would not also include the elements of first degree heat of passion manslaughter. [6] See, e.g., Riley v. State, 1997 OK CR 51, ¶¶ 14-15 , 947 P.2d 530, 533-34 (because all essential elements of lewd molestation were included in the rape charge, lewd molestation in this case was a lesser included offense of rape); Morris v. State, 19 1999Under the strict statutory elements test first degree heat of passion manslaughter is not a lesser included offense of first degree malice murder because there are instances where the crime of first degree malice murder could be committed under circumstances which would not also include the elements of first degree heat of passion manslaughter. [6] See, e.g., Riley v. State, 1997 OK CR 51, ¶¶ 14-15 , 947 P.2d 530, 533-34 (because all essential elements of lewd molestation were included in the rape charge, lewd molestation in this case was a lesser included offense of rape); Morris v. State, 19 | 1 | 1999–1999 |
Wilson v. State
green
2 sentences1999Under the strict statutory elements test first degree heat of passion manslaughter is not a lesser included offense of first degree malice murder because there are instances where the crime of first degree malice murder could be committed under circumstances which would not also include the elements of first degree heat of passion manslaughter. [6] See, e.g., Riley v. State, 1997 OK CR 51, ¶¶ 14-15 , 947 P.2d 530, 533-34 (because all essential elements of lewd molestation were included in the rape charge, lewd molestation in this case was a lesser included offense of rape); Morris v. State, 19 1999Under the strict statutory elements test first degree heat of passion manslaughter is not a lesser included offense of first degree malice murder because there are instances where the crime of first degree malice murder could be committed under circumstances which would not also include the elements of first degree heat of passion manslaughter. [6] See, e.g., Riley v. State, 1997 OK CR 51, ¶¶ 14-15 , 947 P.2d 530, 533-34 (because all essential elements of lewd molestation were included in the rape charge, lewd molestation in this case was a lesser included offense of rape); Morris v. State, 19 | 1 | 1999–1999 |
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.