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817 P.2d 737

62 O.B.A.J. 2749

Stout v. State

Court of Criminal Appeals of Oklahoma

Decided September 11, 1991

Court of Criminal Appeals of Oklahoma · decided 1991-09-11

Cited by 14 later decisions — most recently November 2006

12 state decisions

Relies on Fox v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1991-09-11

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PARKS, Judge, specially

¶1concurring:

¶2It continues to be the opinion of this writer that the so-called “anti-sympathy” instruction in the second stage of trial is unnecessary and confusing to the jury where mitigating evidence has been introduced. See Fox v. State, 779 P.2d 562, 579 (Okl.Cr.1989) (Parks, P.J., concurring in part/dissenting in part). As a matter of stare decisis, however, I must yield my view to that of the majority of this Court.

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