Wilkett v. State
Court of Criminal Appeals of Oklahoma
1Opinion of the Court
OPINION
CORNISH, Judge:
James Wilkett was convicted by a jury of Murder in the Second Degree in Haskell County and was sentenced to fifteen (15). years in prison. We find meritorious the claim of the appellant that the trial judge should have disqualified from the trial. The case is reversed and remanded for a new trial.
Right and justice must be administered in the courts of this State “without ... prejudice.” OKLA. CONST, art. II, § 6. “Prejudice” in this sense refers to the “presence of such state of mind or feeling as might prevent him from giving defendant a fair trial.” Castleberry v.…
Also in this document: Concurrence.
2Cases cited7 opinions
- Burks v. StateCourt of Criminal Appeals of Oklahoma · 1979
- United States v. Richard P. Herman, United States of America v. James J. McCann in No. 78-1282Court of Appeals for the Third Circuit · 1978
- Merritt v. HunterSupreme Court of Oklahoma · 1978
- Castleberry v. JonesCourt of Criminal Appeals of Oklahoma · 1940
- T. R. M. v. StateCourt of Criminal Appeals of Oklahoma · 1979
2 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Dunkle v. StateCourt of Criminal Appeals of Oklahoma · 2006
- Freeman v. StateCourt of Criminal Appeals of Oklahoma · 1988
- Wilkett v. StateCourt of Criminal Appeals of Oklahoma · 1988
- Walker v. StateCourt of Criminal Appeals of Oklahoma · 1992
- Dunkle v. StateCourt of Criminal Appeals of Oklahoma · 2006
4 more not listed; retrieve them via the Exa API.