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2007 OK CR 34

Malone v. State

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Court of Criminal Appeals of Oklahoma · decided 2007-08-31

Good law ✅— No negative treatment on recordhow we know

Decided 2007-08-31

How this case has been cited

Cited by 36 later decisions — most recently April 2024 · most notably State v. Graham (Slip Opinion) (2020), 2010 OK CR 6 - Simpson v. State (2010)

5 federal appellate · 27 state decisions

260200720102020decided

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.

View the full empirical analysis of this case →

LEWIS, Judge,

¶1Concur in Part/Dissent in Part.

¶2T1 I concur in affirming Appellant's conviction but dissent to reversing the death sentence. The victim impact testimony in this case was powerful, but it was properly admitted and any error in its admission is harmless beyond a reasonable doubt.

¶312 The majority correctly finds that trial counsel rendered deficient performance in failing to investigate mitigation evidence. Considering this omitted mitigation evidence in light of the aggravating circumstances, I see no reasonable probability of a different outeome at trial, and thus no violation of the right 'to effective assistance of counsel. I would affirm the death sentence.

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