Legal Opinion · Concurrence

Amos v. District Court of Mayes County

Court of Criminal Appeals of Oklahoma

Decided July 15, 1991No. 0-91-0495Published

1ConcurrenceLane, Presiding Judge

I concur with the majority in its finding that the trial court should examine the reports of the Oklahoma State Bureau of Investigation and release discoverable information to Petitioner. Brady v. State of Maryland, cited by the majority, makes the ability of a defendant to discover certain items a constitutional requirement, and as such, it must take precedence over an Oklahoma statute. However, I base my conclusion on Brady and its progeny and not the statutes cited by the majority. In State v. District Court of Jackson County, 795 P.2d 525 (Okl.Cr.1990), we approved a procedure whereby the…

2Cases cited3 opinions

  1. Allen v. District Court of Washington CountyCourt of Criminal Appeals of Oklahoma · 1991
  2. In Re Habeas Corpus of LuckensCourt of Criminal Appeals of Oklahoma · 1962
  3. State Ex Rel. Suttle v. District Court of Jackson CountyCourt of Criminal Appeals of Oklahoma · 1990

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