OKLAHOMA
Indigent Defense System

 

 

 

 

 

 

 

   JURY SELECTION

 

 

Bills, Kassie Lakei v. State, COCA Case No. F-2009-404 (May 5, 2011)
(Jury Selection; Jury Instructions, Other) Preliminary discourse from trial court during voir dire on how to handle potential deadlock was plain error. Reversed and remanded for new trial.

Carr, Kendall Dewayne v. State, COCA Case No. F-2006-1208 (September 23, 2008)
(Jury Selection) Defendant forced to use a peremptory to remove an objectionable juror (a police officer), which forced him to keep an unsuitable juror. Reversed and remanded for a new trial.

Frye, Bobie Troy v. State, COCA Case No. F-2009-998 (May 5, 2011)
(Jury Selection; Fines, Fees and Costs) Limitation of 30 minutes for Voir Dire not reasonable and an abuse of discretion. In issue of first impression, court finds that non-capital defendants must be allowed to voir dire on sentencing bias (when jurors would consider full range of punishment). Failure to give instruction re: no adverse inference from defendant’s failure to testify, which was requested, is a constitutional and plain error. Imposition of $1,000 fine by court (when jury failed to assess one) was error and must be vacated.

Gibbs, Franklin Lee, Jr. v. State, COCA Case No. F-2004-649 (March 9, 2006)  (Jury Selection; Due Process; Prosecutorial Misconduct) Denial of statutory peremptories is structural error, not subject to harmless error review. Also, first degree murder cases cannot be enhanced under the habitual offender act. Reversed and remanded for new trial.

Golden, Ryan v. State, COCA Case No. F-2004-582 (January 10, 2006)
(Jury Selection) Failure to afford defendant in first degree murder case the statutorily-set 9 peremptories is a structural error, not subject to harmless error review. Reversed and remanded for new trial.

Johnson, Armand Rashawn v. State, COCA Case No. F-2008-763 (July 24, 2009)
(Due Process; Jury Selection) Trial court abused his discretion in the manner voir dire was conducted; and with premature comments about the deliberation process which effectively became a pre-emptive Allen charge. Reversed and remanded for new trial.

Jones, Ralph Emerson, Jr. v. State, COCA Case No. F-2005-619 (March 7, 2006)    (Jury Selection; Due Process) Failure to afford defendant the statutorily-set 5 peremptories is a structural error, not subject to harmless error review. Reversed and remanded for new trial.

Layman, Clonnie A. v. State, COCA Case No. F-2004-198 (February 28, 2005)
(Jury Selection) Trial court erred in not requiring State to assert a race-neutral reason for excluding a juror with a peremptory challenge. Reversed and remanded for new trial.

McKee, Ronald, F-1999-36, (Jan. 26, 2000)
(Jury Selection, Batson issue)

Newton, David Jewel v. State, COCA Case No. F-2002-1546 (January 9, 2004)
(Jury Selection; Ineffective Assistance of Counsel) Failure to excuse police officer from sitting on jury was error by the trial court and IAC. Conviction for Rape and 458 year sentence reversed and remanded for new trial.