Legal Opinion

FLOWERS v. STATE

Court of Criminal Appeals of Oklahoma

Decided October 20, 2016No. PC-2016-293Published

1Dissent 1

LUMPKIN, VICE PRESIDING JUDGE:

DISSENTING

¶ 1 I respectfully dissent. The District Court properly followed this Court’s controlling precedent in Watson v. State, 2015 OK CR 3, 343 P.3d 1282, when it ruled that Petitioner’s request for DNA testing was procedurally barred.

¶ 2 It is disturbing that a majority of this Court has overlooked how the District Court reacquires jurisdiction of a case through post-conviction proceedings. “Excluding a timely appeal, the Uniform Post-Conviction Procedure Act (22 O.S.2011, § 1080 el seq.) encompasses and replaces all common law and statutory methods of…

Also in this document: Dissent · Lewis.

2Cases cited12 opinions

  1. Massaro v. United StatesSupreme Court of the United States · 2003
  2. Illinois Ex Rel. Madigan, Attorney General of Illinois v. Telemarketing Associates, Inc.Supreme Court of the United States · 2003
  3. Hain v. StateCourt of Criminal Appeals of Oklahoma · 1993
  4. Jones v. StateCourt of Criminal Appeals of Oklahoma · 1985
  5. Logan v. StateCourt of Criminal Appeals of Oklahoma · 2013

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