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2006 OK CR 28

Howell v. State

Court of Criminal Appeals of Oklahoma · decided 2006-06-29

Relies on Lambert v. State · State, Ex Rel. Lane v. Bass · Myers v. State

Good law ✅— No negative treatment on recordhow we know

Decided 2006-06-29

How this case has been cited

Cited by 15 later decisions — most recently March 2021

1 federal appellate · 13 state decisions

80200620102020decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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LUMPKIN, V.P.J.,

¶1concurs in result.

¶2¶ 1 I concur in the result reached by this case and find no error in the evidence, including the portion of Howell’s testimony regarding Charlene Calhoun that was read to the jury, or law that would warrant post-conviction relief. I find the Court’s speculation the jury knew, or might have inferred, more than the evidence shows they were informed regarding the murder is not supported by the evidence the jury actually received. However, as for the procedures used by the Court in adjudicating the issue of mental retardation, I concur only by reason of stare decisis for the same reasons set forth in my writings in Myers v. State, 2005 OK CR 22, 130 P.3d 262; Lambert v. State, 2003 OK CR 11, 71 P.3d 30; and State, ex rel. Lane v. Bass, 2004 OK CR 14, 87 P.3d 629.

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