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Byron Cornelius Thompson v. State,
2007 OK CR 38 (October 11, 2007): 1) Feloniously Pointing a Weapon; 2) Confrontation/Cross-Examination: Thompson was convicted in Tulsa County of Murder in the First Degree and two counts of Feloniously Pointing a Weapon, AFCF. He received LWOP on the murder and 50 years on the other two counts. This opinion deals primarily with the two counts of Feloniously Pointing a Weapon. The Court stated that when a defendant points a weapon at a group of persons, only a single violation of the statute has occurred. Since that is what happened under the facts of this case, one of the Pointing counts is reversed with instructions to dismiss. A second issue deals with witness availability. One of the State's witnesses refused to testify for fear of reprisals. The trial court declared him "unavailable" and allowed the State to use the preliminary hearing transcript of his prior testimony. The Court of Criminal Appeals found no abuse of discretion under the circumstances (i.e., "the actual circumstances of this gang case"). However, Thompson maintained that the limits on cross-examination at preliminary hearing did not satisfy the confrontation clause. Although the Court noted that such a showing might be possible, Thompson made no showing in this case. Thompson's other claims were denied as well.
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