State seeking death penalty. A. Upon conviction or adjudication of guilt of a defendant of murder in the first degree, wherein the state is seeking the death penalty, the court shall conduct a separate sentencing proceeding to determine whether the defendant should be sentenced to death, life imprisonment without parole or life imprisonment. The proceeding shall be conducted by the trial judge before the same trial jury as soon as practicable without presentence investigation. B. If the trial jury has been waived by the defendant and the state, or if the defendant pleaded guilty or nolo contendere, the sentencing proceeding shall be conducted before the court. C. In the sentencing proceeding, evidence may be presented as to any mitigating circumstances or as to any of the aggravating circumstances enumerated in Section 701.7 et seq. of this title. Only such evidence in aggravation as the state has made known to the defendant prior to his trial shall be admissible. In addition, the state may introduce evidence about the victim and about the impact of the murder on the family of the victim. D. This section shall not be construed to authorize the introduction of any evidence secured in violation of the Constitutions of the United States or of the State of Oklahoma. The state and the defendant or his counsel shall be permitted to present argument for or against sentence of death. Added by Laws 1976, 1st Ex.Sess., c. 1, § 4, eff. July 24, 1976. Amended by Laws 1987, c. 96, § 2, eff. Nov. 1, 1987; Laws 1989, c. 365, § 1, emerg. eff. June 3, 1989; Laws 1992, c. 67, § 1, emerg. eff. April 13, 1992; Laws 2013, c. 6, § 1, eff. Nov. 1, 2013.
Notes of Decisions
Cited in
161
cases (
2 in the last 5 years), 1980–2023 · leading case:
Toles v. State, 947 P.2d 180 (Okla. Crim. App. 1997).
Toles v. State, 947 P.2d 180 (Okla. Crim. App. 1997).
· cites it 8× “1995), which held 21 O.S.Supp.1992, § 701.10(C) "clearly" allows a second stage sentencing proceeding in a capital case at which victim impact evidence may be presented to the jury.”
Willingham v. State, 947 P.2d 1074 (Okla. Crim. App. 1997).
· cites it 6× “1 allow the use of "victim impact statements" and 21 O.S.Supp.1992, § 701.10(C) allows the use of "victim impact evidence.”
Bush v. Carpenter, 926 F.3d 644 (10th Cir. 2019).
· cites it 4× “The next day a non-jury sentencing proceeding commenced pursuant to [ Okla. Stat. tit. 21, § 701.10 (B) ]. Sometime during the first day of sentencing, Bush told the trial court that he wanted to withdraw his pleas, but the trial court denied his motion and advised him to wait…”
Johnson v. State, 665 P.2d 815 (Okla. Crim. App. 1983).
· cites it 5× “Additionally, Title 21 O.S.Supp. 1980, § 701.10 mandates that "only such evidence in aggravation as the State has made known to the defendant prior to his trial shall be admissible.”
Brewer v. State, 650 P.2d 54 (Okla. Crim. App. 1982).
· cites it 5× “The judge refused to accept the plea and allowed the State to file a Bill of Particulars to enhance the potential punishment to death, pursuant to 21 O.S.1981, §§ 701.10 and 701.12. The appellant filed an application for issuance of writ of prohibition and/or mandamus with this…”
Wilson v. State, 756 P.2d 1240 (Okla. Crim. App. 1988).
· cites it 7× “See 21 O.S.1981, § 701.12. In addition to the statutory notice requirements, appellant filed a motion a month before trial asking the court to order the State to disclose the names of witnesses that would be called and to designate in which stage they would be asked to testify.”
Torres v. State, 2002 OK CR 35 (Okla. Crim. App. 2002).
· cites it 4× “21 O.S.2001, §§ 701.10, 701.12. 12 . 21 O.”
Mitchell v. State, 2006 OK CR 20 (Okla. Crim. App. 2006).
· cites it 4× “See 21 O.S.2001, § 701.10(C). Such requirements would avoid unnecessary confusion and uncertainty in future cases, ensure that jurors understand and agree upon any finding of the avoid arrest aggravator, and facilitate judicial review by this Court, including mandatory sentence…”
Parker v. State, 917 P.2d 980 (Okla. Crim. App. 1996).
· cites it 4× “He claims there was no notice under 21 O.S.1991, § 701.10 of the introduction of this evidence.”
Hogan v. State, 2006 OK CR 19 (Okla. Crim. App. 2006).
· cites it 2× “He also objects to Stanley's mother's testimony that she had nightmares where she would wake-up "screaming for Lisa to run.”
Ledbetter v. State, 933 P.2d 880 (Okla. Crim. App. 1997).
· cites it 4× “In support, he cites 21 O.S.Supp.1992, § 701.10, which requires advance notice of evidence to be used in aggravation.”
— Okla. Stat. tit. 21, § 701.10(A) — 9 cases
— Okla. Stat. tit. 21, § 701.10(B) — 4 cases
Torres v. State, 2002 OK CR 35 (Okla. Crim. App. 2002).
“21 O.S.2001, §§ 701.10, 701.12. 12 . 21 O.”
— Okla. Stat. tit. 21, § 701.10(C) — 37 cases
Toles v. State, 947 P.2d 180 (Okla. Crim. App. 1997).
“1995), which held 21 O.S.Supp.1992, § 701.10(C) "clearly" allows a second stage sentencing proceeding in a capital case at which victim impact evidence may be presented to the jury.”
Willingham v. State, 947 P.2d 1074 (Okla. Crim. App. 1997).
“1 allow the use of "victim impact statements" and 21 O.S.Supp.1992, § 701.10(C) allows the use of "victim impact evidence.”
Mitchell v. State, 2006 OK CR 20 (Okla. Crim. App. 2006).
“See 21 O.S.2001, § 701.10(C). Such requirements would avoid unnecessary confusion and uncertainty in future cases, ensure that jurors understand and agree upon any finding of the avoid arrest aggravator, and facilitate judicial review by this Court, including mandatory sentence…”
Hogan v. State, 2006 OK CR 19 (Okla. Crim. App. 2006).
“He also objects to Stanley's mother's testimony that she had nightmares where she would wake-up "screaming for Lisa to run.”
— Okla. Stat. tit. 21, § 701.10(D) — 5 cases
Ledbetter v. State, 933 P.2d 880 (Okla. Crim. App. 1997).
“In support, he cites 21 O.S.Supp.1992, § 701.10, which requires advance notice of evidence to be used in aggravation.”
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