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| Extraordinary Writs |
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Dean v. Bass
, No. PR-99-1326 (Okl.Cr., January 14, 2000) (Unpublished) is an opinion with which many of you may be unfamiliar, but one that I think everyone who practices criminal defense should read and study. There are many lessons to be learned from the way Garvin Isaacs (Oklahoma City) and Opio Toure handle this case and achieve the ultimate resolution--complete dismissal with prejudice of three counts of Murder in the First Degree with a policeman as an eyewitness to the crimes(!!)
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Aimes v. State
, No. F-2004-701 (Okl.Cr., February 9, 2005) (Unpublished): Possession of CDS case, AFCF, jury gave Aimes fifteen years. No relief, but notable for quirky legal issue and dissent by Chapel, J. One of the twelve jurors had to be excused during the trial. Aimes wanted to continue with eleven. State objected. Judge Elliott, Oklahoma County, interpreted Art. II, § 19 of the Oklahoma Constitution as requiring the consent of both parties to proceed with less than twelve and granted a mistrial. On re-trial, Aimes was convicted. COCA held that the double jeopardy issue was waived because it should have been brought via extraordinary writ prior to the second trial. Judge Chapel criticized the decision because the court has been inconsistent in requiring writs in these situations and in deciding these issues on the merits when writs are pursued. Tough break for Aimes.
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Brown v. State:
No. MA-2001-117 (Okl.Cr., July 3, 2001) (Unpublished): Extraordinary Writ case where COCA held that death penalty cannot imposed when defendant had been previously sentenced to LWOP, even though case reversed and remanded for new trial; defendant had been acquitted of the death penalty.
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Kyle Wayne Grider v. Hon. Virgil C. Black,
No. PR-2007-48 (Okl.Cr., January 18, 2007): Extraordinary Writs: In this extraordinary writ case, newly-elected Oklahoma County District Attorney David Prater had represented Grider while Prater was in private practice. Although Prater had recused himself personally, Grider sought recusal of all prosecutors in the office. The Court denied this request in this unpublished order.
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