opportunity to cure error (Oklahoma) · Go Syfert
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opportunity to cure error in Oklahoma

7 Oklahoma opinions name it 1 courts 2000–2007 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.

Followed or applied (4)

CaseFollowedCited
Simpson v. Stategreen
oklacrimapp · 1994 · cited in 6 Oklahoma opinions naming this issue, 2000–2007
2 sentences

2007Simpson v. State, 1994 OK CR 40, ¶ 2 , 876 P.2d 690, 693 ("failure to object with specificity to errors alleged to have occurred at trial, thus giving the trial court an opportunity to cure the error during the course of trial, waives that error for appellate review. ..."). 1107 Misinstruction of the jury is subject to harmless error review.

2007Simpson v. State, 1994 OK CR 40, ¶ 2 , 876 P.2d 690, 693 ("failure to object with specificity to errors alleged to have occurred at trial, thus giving the trial court an opportunity to cure the error during the course of trial, waives that error for appellate review. ..."). 1107 Misinstruction of the jury is subject to harmless error review.

16
United States v. John P. Skandiergreen
ca1 · 1985 · cited in 1 Oklahoma opinions naming this issue, 2004–2004
2 sentences

2004See United States v. Skandier, 758 F.2d 43, 44-45 (1st Cir.1985)(addressing how such questioning can result in burden shifting and comment improperly on the right to remain silent). ¶ 9 In this case, defense counsel did not initially object to the questions, as he could have done, and thereby denied the trial court the opportunity to cure the error.

2004See United States v. Skandier, 758 F.2d 43, 44-45 (1st Cir.l985)(addressing how such questioning can result in burden shifting and comment improperly on the right to remain silent). ¶ 9 In this case, defense counsel did not initially object to the questions, as he could have done, and thereby denied the trial court the opportunity to cure the error.

11
Wolfe v. Stategreen
oklacrimapp · 1987 · cited in 1 Oklahoma opinions naming this issue, 2000–2000
2 sentences

2000The trial court later stated that “State’s exhibit 87 was admitted and an exception has been allowed the defendant.” ¶ 31 “Failure to object with specificity to errors alleged to have occurred at trial, thus giving the trial court an opportunity to cure the error during the course of trial, waives that error for appellate review unless the error constitutes fundamental error, i.e. plain error....” Simpson v. State, 1994 OK CR 40, ¶ 2 , 876 P.2d 690, 693 ; See 12 O.S.1991, § 2104(A)(l)(“Error may not be predicated upon a ruling which admits or excludes evidence unless a substantial right of a p

2000The trial court later stated that “State’s exhibit 87 was admitted and an exception has been allowed the defendant.” ¶ 31 “Failure to object with specificity to errors alleged to have occurred at trial, thus giving the trial court an opportunity to cure the error during the course of trial, waives that error for appellate review unless the error constitutes fundamental error, i.e. plain error....” Simpson v. State, 1994 OK CR 40, ¶ 2 , 876 P.2d 690, 693 ; See 12 O.S.1991, § 2104(A)(l)(“Error may not be predicated upon a ruling which admits or excludes evidence unless a substantial right of a p

11
Dunham v. Stategreen
oklacrimapp · 1988 · cited in 1 Oklahoma opinions naming this issue, 2000–2000
2 sentences

2000The trial court later stated that “State’s exhibit 87 was admitted and an exception has been allowed the defendant.” ¶ 31 “Failure to object with specificity to errors alleged to have occurred at trial, thus giving the trial court an opportunity to cure the error during the course of trial, waives that error for appellate review unless the error constitutes fundamental error, i.e. plain error....” Simpson v. State, 1994 OK CR 40, ¶ 2 , 876 P.2d 690, 693 ; See 12 O.S.1991, § 2104(A)(l)(“Error may not be predicated upon a ruling which admits or excludes evidence unless a substantial right of a p

2000The trial court later stated that “State’s exhibit 87 was admitted and an exception has been allowed the defendant.” ¶ 31 “Failure to object with specificity to errors alleged to have occurred at trial, thus giving the trial court an opportunity to cure the error during the course of trial, waives that error for appellate review unless the error constitutes fundamental error, i.e. plain error....” Simpson v. State, 1994 OK CR 40, ¶ 2 , 876 P.2d 690, 693 ; See 12 O.S.1991, § 2104(A)(l)(“Error may not be predicated upon a ruling which admits or excludes evidence unless a substantial right of a p

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 (1)

CaseCitedYears
Carter v. State green
oklacrimapp · 2006
2 sentences

2007Carter, 2006 OK CR 42 at ¶ 5 , 147 P.3d at 244 .

2007Carter, 2006 OK CR 42 at ¶ 5 , 147 P.3d at 244 .

12007–2007

Statutes the citing opinions construe

OK § Okla. Stat. tit. 21, § 701.7 (5) OK § Okla. Stat. tit. 21, § 701.12 (4) OK § Okla. Stat. tit. 21, § 701.13 (4) OK § Okla. Stat. tit. 20, § 3001.1 (3) OK § Okla. Stat. tit. 21, § 701.8 (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

TX 45 (1988–2023) MI 16 (1994–2019) FL 7 (2000–2023) OK 7 (2000–2007) NY 6 (1980–2014) CA 5 (2020–2026) IL 4 (1992–2021) AZ 3 (1981–2026) WA 3 (2022–2025) NM 2 (1989–2006) IN 2 (2025–2025) VT 2 (2008–2013) OR 2 (2023–2025) PA 2 (2020–2025) KY 2 (2024–2025)

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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