impossible standard (Oklahoma) · Go Syfert
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impossible standard in Oklahoma

7 Oklahoma opinions name it 1 courts 1969–2023 3 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 (1)

CaseFollowedCited
Irvin v. Dowdgreen
scotus · 1961 · cited in 6 Oklahoma opinions naming this issue, 1969–2023
2 sentences

2023See Irvin , 366 U.S. at 723 ("To hold that the mere existence of any preconceived notion as to the guilt or innocence of an accused, without more, is sufficient to rebut the presumption of a prospective juror's impartiality would be to establish an impossible standard.").

2023See Irvin , 366 U.S. at 723 ("To hold that the mere existence of any preconceived notion as to the guilt or innocence of an accused, without more, is sufficient to rebut the presumption of a prospective juror's impartiality would be to establish an impossible standard.").

46

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 (7)

CaseCitedYears
Sheppard v. Maxwell green
scotus · 1966
2 sentences

2004See, e.g., id. at 725-28, 81 S.Ct. at 1644-45 (overturning murder conviction where "barrage” of publicity, including reports that defendant had confessed to six murders and offered to plead guilty, created "pattern of deep and bitter prejudice” against defendant, both in community and on jury); Rideau v. Louisiana, 272 U.S. 723, 724-26, 83 S.Ct. 1417, 1418-20 , 10 L.Ed.2d 663 (1963) (conviction overturned where defendant’s confession had been repeatedly broadcast in community where trial held); Estes v. Texas, 381 U.S. 532 , 85 S.Ct. 1628 , 14 L.Ed.2d 543 (1965) (conviction overturned upon sho

2004See, e.g., id. at 725-28, 81 S.Ct. at 1644-45 (overturning murder conviction where "barrage” of publicity, including reports that defendant had confessed to six murders and offered to plead guilty, created "pattern of deep and bitter prejudice” against defendant, both in community and on jury); Rideau v. Louisiana, 272 U.S. 723, 724-26, 83 S.Ct. 1417, 1418-20 , 10 L.Ed.2d 663 (1963) (conviction overturned where defendant’s confession had been repeatedly broadcast in community where trial held); Estes v. Texas, 381 U.S. 532 , 85 S.Ct. 1628 , 14 L.Ed.2d 543 (1965) (conviction overturned upon sho

12004–2004
Estes v. Texas green
scotus · 1965
2 sentences

2004See, e.g., id. at 725-28, 81 S.Ct. at 1644-45 (overturning murder conviction where "barrage” of publicity, including reports that defendant had confessed to six murders and offered to plead guilty, created "pattern of deep and bitter prejudice” against defendant, both in community and on jury); Rideau v. Louisiana, 272 U.S. 723, 724-26, 83 S.Ct. 1417, 1418-20 , 10 L.Ed.2d 663 (1963) (conviction overturned where defendant’s confession had been repeatedly broadcast in community where trial held); Estes v. Texas, 381 U.S. 532 , 85 S.Ct. 1628 , 14 L.Ed.2d 543 (1965) (conviction overturned upon sho

2004See, e.g., id. at 725-28, 81 S.Ct. at 1644-45 (overturning murder conviction where "barrage” of publicity, including reports that defendant had confessed to six murders and offered to plead guilty, created "pattern of deep and bitter prejudice” against defendant, both in community and on jury); Rideau v. Louisiana, 272 U.S. 723, 724-26, 83 S.Ct. 1417, 1418-20 , 10 L.Ed.2d 663 (1963) (conviction overturned where defendant’s confession had been repeatedly broadcast in community where trial held); Estes v. Texas, 381 U.S. 532 , 85 S.Ct. 1628 , 14 L.Ed.2d 543 (1965) (conviction overturned upon sho

12004–2004
Rideau v. Louisiana green
scotus · 1963
2 sentences

2004See, e.g., id. at 725-28, 81 S.Ct. at 1644-45 (overturning murder conviction where "barrage” of publicity, including reports that defendant had confessed to six murders and offered to plead guilty, created "pattern of deep and bitter prejudice” against defendant, both in community and on jury); Rideau v. Louisiana, 272 U.S. 723, 724-26, 83 S.Ct. 1417, 1418-20 , 10 L.Ed.2d 663 (1963) (conviction overturned where defendant’s confession had been repeatedly broadcast in community where trial held); Estes v. Texas, 381 U.S. 532 , 85 S.Ct. 1628 , 14 L.Ed.2d 543 (1965) (conviction overturned upon sho

2004See, e.g., id. at 725-28, 81 S.Ct. at 1644-45 (overturning murder conviction where "barrage” of publicity, including reports that defendant had confessed to six murders and offered to plead guilty, created "pattern of deep and bitter prejudice” against defendant, both in community and on jury); Rideau v. Louisiana, 272 U.S. 723, 724-26, 83 S.Ct. 1417, 1418-20 , 10 L.Ed.2d 663 (1963) (conviction overturned where defendant’s confession had been repeatedly broadcast in community where trial held); Estes v. Texas, 381 U.S. 532 , 85 S.Ct. 1628 , 14 L.Ed.2d 543 (1965) (conviction overturned upon sho

12004–2004
Townley v. State green
oklacrimapp · 1960
1 sentence

1982It is sufficient if the juror can lay aside his impression or opinion and render a verdict based on the evidence presented in Court.’ Supra, at 800, 95 S.Ct. at 2036 ; citing, Irvin v. Dowd, 366 U.S. at 723, 81 S.Ct. at 1642.” In Townley v. State, 355 P.2d 420 (Okl.Cr.1960), this Court was presented with a similar situation.

11982–1982
Murphy v. Florida green
scotus · 1975
2 sentences

1982The bailiff replied, “You can’t consider that.” Juror Knight then allegedly stated, “I know we can’t consider it.” In Murphy v. Florida, 421 U.S. 794 , 95 S.Ct. 2031 , 44 L.Ed.2d 589 (1975), the Supreme Court reiterated every defendant is entitled to have ‘a panel of impartial, indifferent jurors.’ The Murphy Court stated: “To hold that the mere existence of any preconceived notion as to the guilt or innocence of ail accused, without more, is sufficient to rebut the presumption of a prospective juror’s impartiality would be to establish an impossible standard.

1982The bailiff replied, “You can’t consider that.” Juror Knight then allegedly stated, “I know we can’t consider it.” In Murphy v. Florida, 421 U.S. 794 , 95 S.Ct. 2031 , 44 L.Ed.2d 589 (1975), the Supreme Court reiterated every defendant is entitled to have ‘a panel of impartial, indifferent jurors.’ The Murphy Court stated: “To hold that the mere existence of any preconceived notion as to the guilt or innocence of ail accused, without more, is sufficient to rebut the presumption of a prospective juror’s impartiality would be to establish an impossible standard.

11982–1982
Anderson v. State green
oklacrimapp · 1976
1 sentence

1980It is sufficient if the juror can lay aside his impression or opinion and render a verdict based on the evidence presented in court. . . .” (Citations omitted) See also Anderson v. State, Okl.Cr., 551 P.2d 1155 (1976), and Shapard v. State, Okl.Cr., 437 P.2d 565 (1967).

11980–1980
Shapard v. State green
oklacrimapp · 1967
1 sentence

1980It is sufficient if the juror can lay aside his impression or opinion and render a verdict based on the evidence presented in court. . . .” (Citations omitted) See also Anderson v. State, Okl.Cr., 551 P.2d 1155 (1976), and Shapard v. State, Okl.Cr., 437 P.2d 565 (1967).

11980–1980

Where else courts name it

AL 74 (1914–2014) CA 61 (1981–2026) IL 24 (1903–2025) PA 23 (1971–2025) TN 20 (1875–2021) IN 16 (1969–2020) GA 12 (1979–1991) TX 10 (1984–2019) LA 8 (1982–2022) OK 7 (1969–2023) MO 7 (1987–2024) AZ 7 (1968–2021) NY 6 (1960–2022) FL 6 (1977–2008) WI 5 (1964–2005) IA 5 (1978–2018) VA 4 (1998–2023) ID 4 (1973–2004) MI 4 (1997–2024) CO 4 (1983–2025) NH 3 (1974–2010) MD 3 (1981–2003) NC 3 (1890–1993) NJ 3 (1980–1988) MN 3 (2024–2024) WV 3 (1980–2000) WY 3 (1979–1989) MT 3 (1999–2013) ND 3 (1980–1989) NV 3 (1967–1994) KY 2 (2021–2022) HI 2 (1989–2020) OH 2 (2017–2020) NE 2 (1979–1981) VT 2 (2010–2013) CT 2 (1987–1989) WA 2 (2002–2002)

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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