Nance v. State

LUMPKIN, Vice Presiding Judge,

concurring in part/dissenting in part.

Based on the facts revealed by the record in this case, I must concur in the results reached by the Court. However, I must dissent to the Court’s determination that in substance, an attorney can be dilatory, wait *517until just before the Court is to instruct the jury, orally request an instruction by number from the Oklahoma Uniform Jury Instruction-Criminal instruction book, and comply with his or her responsibility as an officer of the court.

This Court should never let itself be so removed from the realities of the rigors of…