STAFFORD
v.
OKLAHOMA
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The court reversed the dismissal of a burglary count, holding that non-consent to entry is an affirmative defense, not an essential element, and affirmed the revocation of probation, finding no error in revoking probation for misconduct that occurred after the probation was imposed, even if the defendant was on parole at the time.
The court held that the burglary count was not fatally defective for failing to allege non-consent, as non-consent is an affirmative defense, and affirmed the revocation of Stafford's probation.
Stafford was convicted of burglary and grand theft, with probation for the latter. He later violated probation by committing another burglary. Staffor…
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Ct. Crim. App. Okla. Motion of petitioner for leave to proceed in forma pauperis and certiorari granted. Judgment vacated and case remanded for further consideration in light of Strickland v. Washington, 466 U. S. 668 (1984).
Justice Brennan and Justice Marshall:
Adhering to our views that the death penalty is in all circumstances cruel and unusual punishment prohibited by the Eighth and Fourteenth Amendments, Gregg v. Georgia, 428 U. S. 153, 227, 231 (1976), we would grant certiorari and vacate the death sentence in this case.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Burger v. Kemp, 483 U.S. 776 (U.S. 1987)…). We granted Burger’s petition for certiorari and remanded the case to the Court of Appeals for consideration of “the effectiveness of counsel’s assistance at petitioner’s second sentencing hearing” in light of that decision. Burger v. Zant, [*782] 467 U. S. 1212, 1213 (1984). The Court of Appeals in turn remanded the case to the District Court with instructions to extend or revise its findings, and if appropriate, its conclusions on the ineffective-assistance-of-counsel claim. Burger v. Zant, 741 F. 2d 1274…
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Cartwright v. Maynard, 822 F.2d 1477 (10th Cir. 1987)…h degree of pain with utter indifference to, or even enjoyment of, the suffering of others.’ ” Brogie v. State, 695 P. 2d 538, 542 (Okla.Crim.App.1985) (quoting Stafford v. State, 665 P. 2d 1205, 1217 (Okla.Crim.App. 1983), vacated on other grounds, 467 U.S. 1212, 104 S.Ct. 2651, 81 L.Ed.2d 359 (1984)). The court has frequently approved jury instructions using this language. See, e.g., Davis v. State, 665 P. 2d 1186, 1202 (Okla.Crim.App.), cert. denied, 464 U.S. 865, 104 S.Ct. 203, 78 L.Ed.2d 177 (1983); B…
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Cartwright v. Maynard, 802 F.2d 1203 (10th Cir. 1986)…Boutwell v. State, 659 P. 2d 322, 329 (Okl. Cr.1983); Davis v. State, 665 P. 2d 1186, 1202 (Okl.Cr.), cert. denied, 464 U.S. 865, 104 S.Ct. 203, 78 L.Ed.2d 177 (1983); Stafford v. State, 665 P. 2d 1205, 1217 (Okl.Cr. 1983), vacated on other grounds, 467 U.S. 1212, 104 S.Ct. 2651, 81 L.Ed.2d 359 (1984), aff'd., 700 P. 2d 223 (Okl.Cr.), cert. denied, — U.S.-, 106 S.Ct. 188, 88 L.Ed.2d 157 (1985); Nuckols v. State, 690 P. 2d 463, 471-72 (Okl.Cr.1984), cert. denied, 471 U.S. 1030, 105 S.Ct. 2050, 85 L.Ed.2d 323…
Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Strickland v. Washington, 466 U.S. 668 (U.S. 1984)
- Gregg v. Georgia, 428 U.S. 153 (U.S. 1976)