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6 Oklahoma opinions name it 2 courts 1912–2004 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.
| Case | Followed | Cited |
|---|---|---|
Bryan v. Stategreen1 sentence2004Citing to section 1175.1(3), this Court found the competency statutes “require only a determination that Appellant was competent to participate in criminal proceedings before his conviction.” See also Bryan v. State, 935 P.2d 338, 350 (Okl.Cr.), cert. denied 522 U.S. 957 , 118 S.Ct. 383 , 139 L.Ed.2d 299 (1997). | 1 | 1 |
Van White v. Stategreen1 sentence2004This supplemental claim is denied. ¶ 60 In his second supplemental claim of error, Appellant contends the trial court erred in failing to hold a hearing to determine his contemporary competency prior to proceeding with the retrospective competency determination. 4 Appellant argues that under 22 O.S.2001, § 1175.1 — 1176, the retrospective competency hearing is a criminal proceeding which must be suspended pending determination of his contemporary competency. ¶ 61 Section 1175.1(3) of title 22 defines “criminal proceeding” for purposes of a competency determination as “every stage of a criminal | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Oklahoma. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Wharton v. Miller
neutral
2 sentences1924L. & S. F. Co. v. Crowell, 33 Okla. 773 , 127 Pac. 1063 , the second paragraph of the syllabus is: “Where an instruction is correct as far as it goes, and it is urged by a party that under his theory of the case additional instructions should have been given, a reversal will not be had unless a supplemental instruction is requested by such contendant embodying such theory.” In the case of C., R. 1915Co. v. Crowell, 33 Okla. 773 , 127 Pac. 1063 , this court held that where the instruction is correct so far as it goes, and it is urged by a party that under his theory of the case additional instructions should have been given, a reversal will not be had unless a supplemental instruction was requested by such party embodying such theory. | 2 | 1915–1924 |
St. Louis S. F. R. Co. v. Crowell
neutral
2 sentences1924L. & S. F. Co. v. Crowell, 33 Okla. 773 , 127 Pac. 1063 , the second paragraph of the syllabus is: “Where an instruction is correct as far as it goes, and it is urged by a party that under his theory of the case additional instructions should have been given, a reversal will not be had unless a supplemental instruction is requested by such contendant embodying such theory.” In the case of C., R. 1915Co. v. Crowell, 33 Okla. 773 , 127 Pac. 1063 , this court held that where the instruction is correct so far as it goes, and it is urged by a party that under his theory of the case additional instructions should have been given, a reversal will not be had unless a supplemental instruction was requested by such party embodying such theory. | 2 | 1915–1924 |
Bryan v. Oklahoma
green
1 sentence2004Citing to section 1175.1(3), this Court found the competency statutes “require only a determination that Appellant was competent to participate in criminal proceedings before his conviction.” See also Bryan v. State, 935 P.2d 338, 350 (Okl.Cr.), cert. denied 522 U.S. 957 , 118 S.Ct. 383 , 139 L.Ed.2d 299 (1997). | 1 | 2004–2004 |
Fletcher v. North Carolina
green
1 sentence2004Citing to section 1175.1(3), this Court found the competency statutes “require only a determination that Appellant was competent to participate in criminal proceedings before his conviction.” See also Bryan v. State, 935 P.2d 338, 350 (Okl.Cr.), cert. denied 522 U.S. 957 , 118 S.Ct. 383 , 139 L.Ed.2d 299 (1997). | 1 | 2004–2004 |
State v. Turner
green
1 sentence2004Citing to section 1175.1(3), this Court found the competency statutes “require only a determination that Appellant was competent to participate in criminal proceedings before his conviction.” See also Bryan v. State, 935 P.2d 338, 350 (Okl.Cr.), cert. denied 522 U.S. 957 , 118 S.Ct. 383 , 139 L.Ed.2d 299 (1997). | 1 | 2004–2004 |
Finch v. American State Bank
green
2 sentences1936The Supreme Court, in the case of Finch v. American State Bank of Beggs, 97 Okla. 172 , 223 P. 631 , held: “The trial court has the right of its own motion or on the motion of counsel to correct or modify a charge which has been given to the jury. 1936The Supreme Court, in the case of Finch v. American State Bank of Beggs, 97 Okla. 172 , 223 P. 631 , held: “The trial court has the right of its own motion or on the motion of counsel to correct or modify a charge which has been given to the jury. | 1 | 1936–1936 |
Chicago, R. I. & P. Ry. Co. v. Radford
green
1 sentence1924I. & P. v. Radford, 86 Okla. 657 , 129 Pac. 834 , the court said: “Where a special instruction is requested, it is the duty of counsel to prepare and submit to the court such desired instruction in writing properly numbered and signed, and upon timely delivery to the court requesting that it be given, upon a failure so to do, where the court has given general instructions applicable to the issues, and the evidence, this court will not consider as error the court’s failure to instruct of its own motion upon any given proposition. | 1 | 1924–1924 |
Lamb v. Milne
neutral
1 sentence1921The saving of exceptions thereto will not suffice, not being equivalent to a reauest for a fuller or more specific instruction.” In the case of Brown v. Motley, 51 Okla. 277 , 151 Pac. 1060 , it was held: “Where an. instruction is correct so far as it goes, and it is urged by the defendant that under his 'theory of the ease additional instructions should have been given, reversal will not be had unless a supplemental instruction is requested by such defendant embodying' such theory.” By applying the above rule to the case at bar, defendant waived his right to have the question of agency submit | 1 | 1921–1921 |
Brown v. Motley
neutral
1 sentence1921The saving of exceptions thereto will not suffice, not being equivalent to a reauest for a fuller or more specific instruction.” In the case of Brown v. Motley, 51 Okla. 277 , 151 Pac. 1060 , it was held: “Where an. instruction is correct so far as it goes, and it is urged by the defendant that under his 'theory of the ease additional instructions should have been given, reversal will not be had unless a supplemental instruction is requested by such defendant embodying' such theory.” By applying the above rule to the case at bar, defendant waived his right to have the question of agency submit | 1 | 1921–1921 |
First Nat. Bank of Muskogee v. Tevis
neutral
2 sentences1912First National Bank of Muskogee v. Tevis et al., 29 Okla. 714 , 119 Pac. 218 ; Moore v. O’Dell, 27 Okla. 194 , 111 Pac. 308 ; Chicago, Rock Island & Pacific Railway Co. v. Baroni, 32 Okla. 540 , 122 Pac. 926 . 1912First National Bank of Muskogee v. Tevis et al., 29 Okla. 714 , 119 Pac. 218 ; Moore v. O’Dell, 27 Okla. 194 , 111 Pac. 308 ; Chicago, Rock Island & Pacific Railway Co. v. Baroni, 32 Okla. 540 , 122 Pac. 926 . | 1 | 1912–1912 |
Moore v. O'Dell
green
2 sentences1912First National Bank of Muskogee v. Tevis et al., 29 Okla. 714 , 119 Pac. 218 ; Moore v. O’Dell, 27 Okla. 194 , 111 Pac. 308 ; Chicago, Rock Island & Pacific Railway Co. v. Baroni, 32 Okla. 540 , 122 Pac. 926 . 1912First National Bank of Muskogee v. Tevis et al., 29 Okla. 714 , 119 Pac. 218 ; Moore v. O’Dell, 27 Okla. 194 , 111 Pac. 308 ; Chicago, Rock Island & Pacific Railway Co. v. Baroni, 32 Okla. 540 , 122 Pac. 926 . | 1 | 1912–1912 |
Chicago, R. I. & P. Ry. Co. v. Baroni
neutral
2 sentences1912First National Bank of Muskogee v. Tevis et al., 29 Okla. 714 , 119 Pac. 218 ; Moore v. O’Dell, 27 Okla. 194 , 111 Pac. 308 ; Chicago, Rock Island & Pacific Railway Co. v. Baroni, 32 Okla. 540 , 122 Pac. 926 . 1912First National Bank of Muskogee v. Tevis et al., 29 Okla. 714 , 119 Pac. 218 ; Moore v. O’Dell, 27 Okla. 194 , 111 Pac. 308 ; Chicago, Rock Island & Pacific Railway Co. v. Baroni, 32 Okla. 540 , 122 Pac. 926 . | 1 | 1912–1912 |
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.