Enmund instruction (Oklahoma) · Go Syfert
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Enmund instruction in Oklahoma

6 Oklahoma opinions name it 1 courts 1994–2001 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
Tison v. Arizonagreen
scotus · 1987 · cited in 3 Oklahoma opinions naming this issue, 1995–2001
2 sentences

2001In 1987, Tison v. Arizona, 481 U.S. 137, 157-158 , 107 S.Ct. 1676, 1688 , 95 L.Ed.2d 127, 134 (1987), extended the Enmund rule to authorize the death penalty also for a felony-murder defendant who did not personally kill but "who was a major participant in a felony and exhibited reckless indifference to human life." Tison held: "Only a small minority of those jurisdictions imposing capital punishment for felony murder have rejected the possibility of a capital sentence absent an intent to kill, and we do not find this minority position constitutionally required." Tison, 481 U.S. at 158 , 107 S

2001In 1987, Tison v. Arizona, 481 U.S. 137, 157-158 , 107 S.Ct. 1676, 1688 , 95 L.Ed.2d 127, 134 (1987), extended the Enmund rule to authorize the death penalty also for a felony-murder defendant who did not personally kill but "who was a major participant in a felony and exhibited reckless indifference to human life." Tison held: "Only a small minority of those jurisdictions imposing capital punishment for felony murder have rejected the possibility of a capital sentence absent an intent to kill, and we do not find this minority position constitutionally required." Tison, 481 U.S. at 158 , 107 S

23
Powell v. Stategreen
oklacrimapp · 1995 · cited in 2 Oklahoma opinions naming this issue, 2000–2001
2 sentences

2001In Crawford v. State, 1992 OK CR 62, ¶ 65 , 840 P.2d 627, 640 , we held that a jury need not specify whether the first degree murder conviction was based on malice aforethought or "during the commission of a felony," and need not make a finding of the defendant's intent to kill, "especially in light of the fact that [Crawford] acted alone in the commission of this offense." The Crawford interpretation of Enmund and Tison was unanimously cited with approval by this Court in Powell v. State, 1995 OK CR 37 , ¶ 38, 906 P.2d 765, 776 , where we held that "Powell was not entitled to an Enmund instru

2001In Crawford v. State, 1992 OK CR 62, ¶ 65 , 840 P.2d 627, 640 , we held that a jury need not specify whether the first degree murder conviction was based on malice aforethought or "during the commission of a felony," and need not make a finding of the defendant's intent to kill, "especially in light of the fact that [Crawford] acted alone in the commission of this offense." The Crawford interpretation of Enmund and Tison was unanimously cited with approval by this Court in Powell v. State, 1995 OK CR 37 , ¶ 38, 906 P.2d 765, 776 , where we held that "Powell was not entitled to an Enmund instru

12
Cabana v. Bullockgreen
scotus · 1986 · cited in 1 Oklahoma opinions naming this issue, 2000–2000
2 sentences

2000In fact, the Enmund rule (providing that one who actually kills, or attempts to kill, or intends that a killing take place or lethal force be employed, could be sentenced to death) was reiterated at least fourteen times in the majority opinion in Cabana v. Bullock, 474 U.S. at 378, 382, 383, 384, 385, 386 (twice), 387, 389, 390 (thrice), 391, 392, 106 S.Ct. at 693, 695 , (twice), 696 (twice), 697 (thrice), 698, 699 (thrice), 699-700, 700, 88 L.Ed.2d at 711, 714 (twice), 715, 716 (thrice), 717, 718, 719 (thrice), 720 (twice).

2000In fact, the Enmund rule (providing that one who actually kills, or attempts to kill, or intends that a killing take place or lethal force be employed, could be sentenced to death) was reiterated at least fourteen times in the majority opinion in Cabana v. Bullock, 474 U.S. at 378, 382, 383, 384, 385, 386 (twice), 387, 389, 390 (thrice), 391, 392, 106 S.Ct. at 693, 695 , (twice), 696 (twice), 697 (thrice), 698, 699 (thrice), 699-700, 700, 88 L.Ed.2d at 711, 714 (twice), 715, 716 (thrice), 717, 718, 719 (thrice), 720 (twice).

11
Enmund v. Floridagreen
scotus · 1982 · cited in 1 Oklahoma opinions naming this issue, 1995–1995
2 sentences

1995See also Proposition III, supra. Powell also argues the absence of a specific finding of his intent to kill in the jury's general verdict violates the distinction between intentional murder and unintentional murder as recognized by the United States Supreme Court in Tison v. Arizona, 481 U.S. 137 , 107 S.Ct. 1676 , 95 L.Ed.2d 127 (1987) and Enmund v. Florida, 458 U.S. 782 , 102 S.Ct. 3368 , 73 L.Ed.2d 1140 (1982). [12] He argues because he did not receive an Enmund instruction, his death sentence cannot stand because the jury may have given him death even though they believed the killing was c

1995See also Proposition III, supra. Powell also argues the absence of a specific finding of his intent to kill in the jury's general verdict violates the distinction between intentional murder and unintentional murder as recognized by the United States Supreme Court in Tison v. Arizona, 481 U.S. 137 , 107 S.Ct. 1676 , 95 L.Ed.2d 127 (1987) and Enmund v. Florida, 458 U.S. 782 , 102 S.Ct. 3368 , 73 L.Ed.2d 1140 (1982). [12] He argues because he did not receive an Enmund instruction, his death sentence cannot stand because the jury may have given him death even though they believed the killing was c

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 (7)

CaseCitedYears
Loving v. United States green
scotus · 1996
2 sentences

2001In Crawford v. State, 1992 OK CR 62, ¶ 65 , 840 P.2d 627, 640 , we held that a jury need not specify whether the first degree murder conviction was based on malice aforethought or "during the commission of a felony," and need not make a finding of the defendant's intent to kill, "especially in light of the fact that [Crawford] acted alone in the commission of this offense." The Crawford interpretation of Enmund and Tison was unanimously cited with approval by this Court in Powell v. State, 1995 OK CR 37 , ¶ 38, 906 P.2d 765, 776 , where we held that "Powell was not entitled to an Enmund instru

2001In Crawford v. State, 1992 OK CR 62, ¶ 65 , 840 P.2d 627, 640 , we held that a jury need not specify whether the first degree murder conviction was based on malice aforethought or "during the commission of a felony," and need not make a finding of the defendant's intent to kill, "especially in light of the fact that [Crawford] acted alone in the commission of this offense." The Crawford interpretation of Enmund and Tison was unanimously cited with approval by this Court in Powell v. State, 1995 OK CR 37 , ¶ 38, 906 P.2d 765, 776 , where we held that "Powell was not entitled to an Enmund instru

22000–2001
Crawford v. State green
oklacrimapp · 1992
2 sentences

2001In Crawford v. State, 1992 OK CR 62, ¶ 65 , 840 P.2d 627, 640 , we held that a jury need not specify whether the first degree murder conviction was based on malice aforethought or "during the commission of a felony," and need not make a finding of the defendant's intent to kill, "especially in light of the fact that [Crawford] acted alone in the commission of this offense." The Crawford interpretation of Enmund and Tison was unanimously cited with approval by this Court in Powell v. State, 1995 OK CR 37 , ¶ 38, 906 P.2d 765, 776 , where we held that "Powell was not entitled to an Enmund instru

2001In Crawford v. State, 1992 OK CR 62, ¶ 65 , 840 P.2d 627, 640 , we held that a jury need not specify whether the first degree murder conviction was based on malice aforethought or "during the commission of a felony," and need not make a finding of the defendant's intent to kill, "especially in light of the fact that [Crawford] acted alone in the commission of this offense." The Crawford interpretation of Enmund and Tison was unanimously cited with approval by this Court in Powell v. State, 1995 OK CR 37 , ¶ 38, 906 P.2d 765, 776 , where we held that "Powell was not entitled to an Enmund instru

22000–2001
Douglas v. State green
oklacrimapp · 1997
2 sentences

2000Douglas v. State, 1997 OK CR 79, ¶ 64 , 951 P.2d 651, 671 .

2000Douglas v. State, 1997 OK CR 79, ¶ 64 , 951 P.2d 651, 671 .

12000–2000
Strickland v. Washington green
scotus · 1984
2 sentences

1995To successfully prove ineffective assistance of counsel, Powell must satisfy the two-prong test enunciated in Strickland v. Washington, 466 U.S. 668 , 104 S.Ct. 2052 , 80 L.Ed.2d 674 (1984).

1995To successfully prove ineffective assistance of counsel, Powell must satisfy the two-prong test enunciated in Strickland v. Washington, 466 U.S. 668 , 104 S.Ct. 2052 , 80 L.Ed.2d 674 (1984).

11995–1995
Stiles v. State green
oklacrimapp · 1992
1 sentence

1994Further, this Court held in Stiles v. State, 829 P.2d 984 (Okl.Cr.1992), that the requested Enmund instruction was properly *65 withheld because the facts of the case did not warrant it.

11994–1994
Moore v. State green
oklacrimapp · 1987
1 sentence

1994Finally, in Moore v. State, 736 P.2d 161 (Okl.Cr.1987), the jury instruction held the jury to an even stricter standard than Enmund requiring them to find a higher degree of culpability before they could assess the death penalty.

11994–1994
Hatch v. State green
oklacrimapp · 1983
2 sentences

1994This Court was called to consider a similar’ argument in Hatch v. State, 662 P.2d 1377 (Okl.Cr.1983), where the defendant was found guilty of two counts of murder based on the felony murder rule.

1994This Court was called to consider a similar’ argument in Hatch v. State, 662 P.2d 1377 (Okl.Cr.1983), where the defendant was found guilty of two counts of murder based on the felony murder rule.

11994–1994

Statutes the citing opinions construe

OK § Okla. Stat. tit. 21, § 701.7 (6) OK § Okla. Stat. tit. 21, § 701.12 (4) OK § Okla. Stat. tit. 21, § 701.13 (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

MS 29 (1987–2015) FL 10 (1984–2018) CA 8 (1983–2020) NC 7 (1983–2024) AZ 7 (1984–1994) OK 6 (1994–2001) TX 2 (1992–2016)

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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