Legal Opinion · Concurrence

Parker v. State

Court of Criminal Appeals of Oklahoma

Decided April 23, 1996No. F-94-1098Published

1Concurrence

CHAPEL, Vice Presiding Judge,

specially concurring:

I have come to the conclusion that while Miller v. State1 was correctly decided under existing caselaw, the rationale underlying our older cases is flawed. The emphasis of the analysis in Miller and our older eases is on the jurisdictional issue. The District Courts in Oklahoma have subject matter jurisdiction over alleged violations of penal statutes. The fact that there may be a defect in the Information relative to the allegation does not deprive the District Court of jurisdiction. If a public offense is alleged in a verified Information…

2Cases cited3 opinions

  1. Pickens v. StateCourt of Criminal Appeals of Oklahoma · 1994
  2. Miller v. StateCourt of Criminal Appeals of Oklahoma · 1992
  3. Tiger v. StateCourt of Criminal Appeals of Oklahoma · 1995

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