Legal Opinion · Concurrence

Coddington v. State

Court of Criminal Appeals of Oklahoma

Decided August 23, 2011No. PCD-2008-920Published

1Concurrence

LUMPKIN, Judge:

CONCUR IN RESULTS.

¶1 I concur in the results reached in this case but write separately to address several issues.

{ 2 Petitioner violates Rule 8.5(A)(5), Rules of the Oklahoma Court of Criminal Appeals, Title 22, Ch. 18, App. (2011) by setting out sub-propositions. Petitioner's failure to separately set out each proposition waives review of these claims. See Cuesta-Rodriguez v. State, 2011 OK CR 4, ¶ 12, 247 P.3d 1192, 1197.

T3 The opinion does not correctly apply res judicato and waiver to Petitioner's allegations concerning his first trial. "[Cllaims that could have been raised…

2Cases cited6 opinions

  1. Melendez-Diaz v. MassachusettsSupreme Court of the United States · 2009
  2. Bullcoming v. New MexicoSupreme Court of the United States · 2011
  3. Cuesta-Rodriguez v. StateCourt of Criminal Appeals of Oklahoma · 2010
  4. Murphy v. StateCourt of Criminal Appeals of Oklahoma · 2005
  5. Cuesta-Rodriguez v. StateCourt of Criminal Appeals of Oklahoma · 2011

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