OKLAHOMA
Indigent Defense System

 

 

 

 

 

 

 

   JURY INSTRUCTIONS, THEORY OF DEFENSE

 

 

Blythe, Doyle v. State, COCA Case No. M-2006-555 (April 12, 2007)
(Jury Instructions, Theory of Defense) Defendant is entitled to have theory of defense set forth in instruction to jury, where there is evidence to support it and the theory is tenable as a matter of law. Even if it is discredited and wholly self serving. Remanded for new trial.

Carr, Byrin, F-2000-1163, Sept. 27, 2001

Dowdy, Emily v. State, COCA Case No. F-2001-171 (May 31, 2002)
(Jury Instructions, Theory of Defense. Court's pretrial decision to prohibit involuntary intoxication defense and jury instructions was error, prejudicial, and denied Appellant of a fundamentally fair trial. Reversed and remanded for new trial.)

Griffith, Timothy v. State, COCA Case No. F-2005-911 (March 21, 2007)
(Due Process; Jury Instructions, Theory of Defense) Appellant denied due process of law by trial court’s erroneous exclusion of evidence and jury instruction regarding theory of defense to the allegations. One count attempted rape, reversed with instructions to dismiss.

Jackson, John v. State, COCA Case No. F-1998-825, (Aug. 24, 1999)
(Jury Instructions, Self Defense, Right to Remain Silent)

Lamar, Robert Anthony v. State, COCA Case No. F-2000-1262, (December 13, 2001)
(Jury Instructions– Lesser Included Offense; Theory of Defense)

Lynn, Ernest, COCA Case No. F-2003-1136 (November 9, 2004)
(Jury Instructions - Theory of Defense) The Court held a convicted felon should be allowed to disarm an armed attacker without risk of a conviction for felonious possession. Adopted a justification defense in which a convicted felon’s possession of a weapon under exigent circumstances is justified and the conduct should not be declared criminal.

Pipkin, John v. State, COCA Case No. F-1999-1282, (Aug. 31, 2000)
(Jury Instructions, Instruction on Theory of Defense)

Schoonover, Gilda Marie v. State, COCA Case No. F-2001-916 (August 15, 2002)
(Jury Instructions- theory of defense; Evidence - Insufficient.) Trial court committed fundamental error by instructing jury on the alternative theory of knowingly permitting abuse of a minor child. Evidence presented at trial sufficient to prove death was not accidental but does not support theory that Appellant knowingly permitted her husband to inflict unreasonable force. Reversed for New Trial.

Schoonover, John Edward v. State, COCA Case No. F-2001-936 (August 15, 2002)
(Jury Instructions- theory of defense; Evidence - Insufficient.) Trial court committed fundamental error by instructing jury on the alternative theory of First-Degree Murder (Child Abuse) by its use of the "permitting" child abuse instruction. Evidence presented at trial sufficient to prove death was not accidental but does not support theory that Appellant knowingly permitted his wife to inflict unreasonable force. Reversed for New Trial.

Troutt, Mark Anthony v. State, COCA Case No. F-2003-1036 (September 10, 2004)
(Jury Instructions, Theory of Defense) Trial court’s refusal to instruct jury on theory of defense of entrapment denied Appellant a fair trial. Reversed and remanded for new trial.