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2007 OK CR 25

Bland v. State

Court of Criminal Appeals of Oklahoma · decided 2007-06-22

Decided 2007-06-22

C. JOHNSON, Viee-Presiding Judge,

¶1Specially Concurring.

¶2T1 I concur in the result reached by the majority. I write separately to emphasize that Petitioner has not presented any controlling or persuasive legal precedent to support his claim that the execution of a terminally-ill prisoner constitutes cruel or unusual punishment. In my view, Petitioner's situation does not present a legal basis for invalidating his death sentence. Rather, these kinds of cireumstances are more properly considered in the realm of executive clemency.

¶3T2 I am authorized to state that Judge Arlene Johnson joins in this Special Coneur-rence.

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