Legal Opinion · Dissent

Byrd v. Caswell

Court of Criminal Appeals of Oklahoma

Decided October 16, 2001No. HC-2001-385Published

1DissentLumpkin, Presiding Judge

{1 The order correctly states "[the crux of this case is the appropriate use of the twenty-day rule [22 O.S.Supp.2000, 991b (A)]" The order also correctly recognizes that our task is to construe the plain, ordinary meaning of Section 991b(A), and to give effect to the expressed intention of the Legislature by making sure the twenty-day rule does not become meaningless and is not negated. However, the majority does not correctly analyze and interpret Section 991b(A) and the appropriate use of the twenty-day rule, nor have they correctly determined the intent of the Legislature. See eg. Scoft…

2Cases cited8 opinions

  1. Morrissey v. BrewerSupreme Court of the United States · 1972
  2. Gagnon v. ScarpelliSupreme Court of the United States · 1973
  3. Marutzky v. StateCourt of Criminal Appeals of Oklahoma · 1973
  4. Woods v. StateCourt of Criminal Appeals of Oklahoma · 1974
  5. Degraffenreid v. StateCourt of Criminal Appeals of Oklahoma · 1979

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