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Thomas Terrill v. State,
No. F-2005-527 (Okl.Cr., November 9, 2006) (unpublished): 1) Jury Instructions; Defense Requested Instructions and 2) Prosecutorial Misconduct; Improper Argument: Terrill went to trial in Pushmataha County charged with First Degree Murder but was convicted of First Degree Manslaughter and sentenced to life. The Court affirmed the conviction but remanded for re-sentencing on an 85 35nstruction error and prosecutorial misconduct (evoking sympathy for the victim and closing with "If you take a life, you give a life"). This is another plain error case where the jury sent a note asking about parole eligibility which combined with the prosecutorial misconduct to create the error.
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