Cook v. State

I agree that appellants’ convictions should be affirmed. However, I write separately to express dismay with the conduct of the Pope County Prosecutor’s Office and the way it dealt with Carl Cook’s pardon during the sentencing phase.

Even though we remanded the case to settle the record regarding the ruling on the motion to suppress, the State remained under a continuing obligation to make truthful disclosures to the court, including the disclosure of exculpatory evidence relating to Carl Cook’s sentence. Further, contrary to the representations made at trial by the prosecutor in this case,…