Legal Opinion
Howerton v. State
Court of Criminal Appeals of Oklahoma
Decided February 4, 1982No. F-80-489PublishedCited by 14 opinions
1Opinion of the Court
OPINION
CORNISH, Judge:
This case stands or falls on the propriety of a part-time district attorney representing an indigent defendant. We hold today that it is improper and constitutes fundamental error.
A member of the bar who is a part-time district attorney may not be appointed to defend persons either within or outside the jurisdiction in which he serves as assistant district attorney. A district attorney represents the State of Oklahoma to enforce its criminal laws. His first and foremost duty is to represent the State in criminal proceedings, and, he cannot represent a defendant where the…
2Cases cited5 opinions
- Cuyler v. SullivanSupreme Court of the United States · 1980
- People v. KesterIllinois Supreme Court · 1977
- Vernon E. Goodson v. C. C. Peyton, Superintendent of the Virginia State PenitentiaryCourt of Appeals for the Fourth Circuit · 1965
- Yates v. PeytonSupreme Court of Virginia · 1966
- In Re WakefieldSupreme Court of Vermont · 1935
3Cited by14 opinions
- State v. BrownUtah Supreme Court · 1992
- Crawford v. StateCourt of Criminal Appeals of Oklahoma · 1992
- State v. TracerWashington Supreme Court · 2012
- Skelton v. StateCourt of Criminal Appeals of Oklahoma · 1983
- State v. NickelsWashington Supreme Court · 2020
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