Parks v. State

4 Citing cases

  1. Bland v. State

    4 P.3d 702 (Okla. Crim. App. 2000)   Cited 111 times
    Holding prosecution may not comment on defendant's exercise of right to silence

    Generally, the prosecution may not comment on the defendant's post-arrest silence. Doyle v. Ohio, 426 U.S. 610, 619, 96 S.Ct. 2240, 2245, 49 L.Ed.2d 91 (1976); Parks v. State, 765 P.2d 790, 793 (Okla. Cr. 1988). However, error may be harmless where there is overwhelming evidence of guilt and the defendant is not prejudiced by the error.

  2. Traywicks v. State

    927 P.2d 1062 (Okla. Crim. App. 1996)   Cited 9 times
    Finding 5th Amend, violation where prosecution expert was allowed to testify about the defendant's refusal to answer questions about the crime

    . Accord Parks v. State, 765 P.2d 790, 793 (Okla. Cr. 1988); Kreijanovsky v. State, 706 P.2d 541, 543-44 (Okla. Cr. 1985); Dungan v. State, 651 P.2d 1064, 1065-66 (Okla. Cr. 1982). Doyle applies only after Miranda warnings have been given, and pre Miranda silence may be used to impeach a defendant.

  3. Miller v. State

    843 P.2d 389 (Okla. Crim. App. 1992)   Cited 10 times
    In Miller, the prosecutor stated, "[t]he dust is settled... and that cloak [of innocence] is gone. It's been ripped away from him by the testimony of three men — four men, actually.

    Jackson v. State, 403 P.2d 518 (Okla. Cr. 1965); Carroll v. State, 347 P.2d 812 (Okla. Cr. 1960). See also Parks v. State, 765 P.2d 790 (Okla. Cr. 1988); West v. State, 764 P.2d 528 (Okla. Cr. 1988). A nearly identical comment was considered by the Tenth Circuit Court of Appeals in connection with the granting of habeas corpus relief to an Oklahoma defendant.

  4. Parks v. Lindley

    789 P.2d 248 (Okla. Crim. App. 1990)

    Petitioner filed a petition in this Court requesting the issuance of a Writ of Mandamus directing the District Court of Stephens County to furnish transcripts at public expense in Case No. CRF-85-159. A review of the procedural history of Petitioner's case shows he was originally tried by jury and convicted of First Degree Murder in January 1986. Petitioner perfected a direct appeal of the conviction and this Court reversed the conviction and remanded the case for a new trial. See Parks v. State, 765 P.2d 790 (Okla. Cr. 1988). Petitioner was again found guilty by a jury and sentenced to life imprisonment. At the April 6, 1989 sentencing hearing, Petitioner gave a verbal notice of his intent to appeal the judgment and sentence. Petitioner also indicated his desire for the appointment of counsel for appellate representation and to be provided a transcript at public expense.