Duvall v. State

Court of Criminal Appeals of Oklahoma

Decided October 10, 1989

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Court of Criminal Appeals of Oklahoma · decided 1989-10-10

Relies on Kovash v. State · Martin v. State · Givens v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1989-10-10

How this case has been cited

Cited by 12 later decisions — most recently May 2016

12 state decisions

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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PARKS, Presiding Judge,

¶1dissenting:

¶2In his second assignment, appellant argues the trial court committed reversible error in allowing the jury to rehear the audio tapes of conversations between appellant and an informant over defense counsel’s objection. I agree.

¶3 *1181The trial court failed to follow the requirements of 22 O.S.1981, § 894, as interpreted by caselaw. See e.g., Givens v. State, 705 P.2d 1139, 1141 (Okla.Crim.App. 1985); Kovash v. State, 519 P.2d 517, 520 (Okla.Crim.App.1974). Absent compliance with Section 894, I agree with appellant that undue emphasis was placed on the taped conversations. See Martin v. State, 747 P.2d 316, 319-20 (Okla.Crim.App.1987). I fail to see the significant distinction the majority finds between Martinand this case. Accordingly, I dissent to the affirmance of appellant’s conviction.