McCracken v. State

Court of Criminal Appeals of Oklahoma

Decided September 18, 1997

Court of Criminal Appeals of Oklahoma · decided 1997-09-18

Cited by 11 later decisions — most recently October 2001

4 federal appellate · 2 state decisions

Relies on Walker v. State · Conover v. State · Neill v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1997-09-18

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CHAPEL, Presiding Judge,

¶1concurring in result:

¶2I concur in result based on stare decisis as to the resolution of trial counsel ineffectiveness claims. See my writing in Neill v. State, 943 P.2d 145, 151 (Okl.Cr.1997).

LANE, Judge,

¶3dissenting:

¶4I dissent finding that Petitioner has presented a viable issue on the instruction of “presumption of not guilty5’. See my dissent to Walker v. State, 933 P.2d 327, 344 (Okl.Cr.1997). In addition, I disagree with the analysis of what can be raised by post-conviction when ineffective assistance of trial counsel is raised. See my concur in results in Conover v. State, 942 P.2d 229, 234 (Okl.Cr.1997).