two prong test in Oklahoma

1995Title 22 O.S.Supp. 1994, Ch. 18, App., Rules of the Court of Criminal Appeals, Rule 3.6(B)(1) states, “The constitutional requirement of substantial equality and fair process can only be attained where counsel acts in the role of an active advocate on behalf of the client, as opposed to that of amicus curiae.” The State responds that Petitioner received a sufficient review under Rule 3.6 to satisfy the requirements of due process and relies upon the two prong test set forth in Strickland v. Washington, 466 U.S. 668 , 104 S.Ct. 2052 , 80 L.Ed.2d 674 (1984) to support its argument.

1995Title 22 O.S.Supp. 1994, Ch. 18, App., Rules of the Court of Criminal Appeals, Rule 3.6(B)(1) states, “The constitutional requirement of substantial equality and fair process can only be attained where counsel acts in the role of an active advocate on behalf of the client, as opposed to that of amicus curiae.” The State responds that Petitioner received a sufficient review under Rule 3.6 to satisfy the requirements of due process and relies upon the two prong test set forth in Strickland v. Washington, 466 U.S. 668 , 104 S.Ct. 2052 , 80 L.Ed.2d 674 (1984) to support its argument.

2018Hill v. American Medical Response , 2018 OK 57 , ¶ 43, 423 P.3d 1119 ; In re Adoption of K.P.M.A., 2014 OK 85 , ¶ 17, 341 P.3d 38 ; Thompson v. State ex rel.

2018Hill v. American Medical Response , 2018 OK 57 , ¶ 43, 423 P.3d 1119 ; In re Adoption of K.P.M.A., 2014 OK 85 , ¶ 17, 341 P.3d 38 ; Thompson v. State ex rel.

2018Hill v. American Medical Response , 2018 OK 57 , ¶ 43, 423 P.3d 1119 ; In re Adoption of K.P.M.A., 2014 OK 85 , ¶ 17, 341 P.3d 38 ; Thompson v. State ex rel.

2018Hill v. American Medical Response , 2018 OK 57 , ¶ 43, 423 P.3d 1119 ; In re Adoption of K.P.M.A., 2014 OK 85 , ¶ 17, 341 P.3d 38 ; Thompson v. State ex rel.

2000Tison v. Arizona, 481 U.S. 137 , 107 S.Ct. 1676 , 95 L.Ed.2d 127 (1987), required a finding that the defendant had substantial personal involvement in the underlying felony and exhibited reckless disregard or indifference to the value of human life. [3] In addition, I would not uphold the continuing threat aggravating circumstance.

2000Tison v. Arizona, 481 U.S. 137 , 107 S.Ct. 1676 , 95 L.Ed.2d 127 (1987), required a finding that the defendant had substantial personal involvement in the underlying felony and exhibited reckless disregard or indifference to the value of human life. [3] In addition, I would not uphold the continuing threat aggravating circumstance.

2000Therefore, pursuant to Williams , our analysis of an ineffective assistance of counsel claim is based solely upon the two prong test set forth in Strickland, and our prejudice determination is based upon whether the outcome of the trial would have been different but for counsel's unprofessional errors. [1] At 923-924. [2] Enmund v. Florida, 458 U.S. 782 , 102 S.Ct. 3368 , 73 L.Ed.2d 1140 (1982), held the death penalty may be imposed only where the defendant intended life be taken or contemplated that lethal force would be used.

2000Therefore, pursuant to Williams , our analysis of an ineffective assistance of counsel claim is based solely upon the two prong test set forth in Strickland, and our prejudice determination is based upon whether the outcome of the trial would have been different but for counsel's unprofessional errors. [1] At 923-924. [2] Enmund v. Florida, 458 U.S. 782 , 102 S.Ct. 3368 , 73 L.Ed.2d 1140 (1982), held the death penalty may be imposed only where the defendant intended life be taken or contemplated that lethal force would be used.