Legal Opinion · Concurring in part, dissenting in part

Dennis v. State

Court of Criminal Appeals of Oklahoma

Decided May 6, 1999No. F-97-1220Published

1Concurring in part, dissenting in part

LUMPKIN, Vice-Presiding Judge:

concurs in part/dissents in part.

¶ 1 I concur in the Court’s decision to affirm the judgment and sentence in this ease. However, I cannot join in the Court’s lack of discipline as evidenced by its failure to adhere to the doctrine of stare decisis. The Court improperly interprets the Oklahoma Constitution based on a whimsical desire to invoke the constitutional fiat to reach a desired result rather than adhering to a long established logical progression of case law.

¶ 2 The issue in this case concerns a defendant’s right to counsel during custodial interrogation,…

2Cases cited26 opinions

  1. Malloy v. HoganSupreme Court of the United States · 1964
  2. Michigan v. LongSupreme Court of the United States · 1983
  3. Moran v. BurbineSupreme Court of the United States · 1986
  4. Ohio v. RobinetteSupreme Court of the United States · 1996
  5. McNeil v. WisconsinSupreme Court of the United States · 1991

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