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2002 OK CR 2

Smith v. State

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Court of Criminal Appeals of Oklahoma · decided 2002-01-07

Cited by 9 later decisions — most recently October 2017

1 federal appellate · 6 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 2002-01-07

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CHAPEL, Judge,

¶1concurs in part/dissents in part:

¶2T1 I concur in the majority's discussion and conclusion as to the applicability of the collateral estoppel doctrine to criminal proceedings where the issue has been finally determined in a civil proceeding. I cannot agree, however, with the majority's application of the doctrine to the facts in this case. To reach the conclusion the majority has reached, one must conclude that a child could be the victim of sexual abuse in a manner that is not "heinous or shocking" or that did not cause "severe harm or injury." That is not a conclusion I am prepared to make. I therefore dissent to the decision to affirm the conviction and sentence in this case.

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