Legal Opinion · Concurrence

STATE v. NELSON

Court of Criminal Appeals of Oklahoma

Decided September 18, 2015No. S-2014-924Published

1Concurrence

*1124LUMPKIN, Vice Presiding Judge

concur in results.

1 I concur in reversing the order of the District Court sustaining the motion to quash and suppress the evidence. I also agree with remanding the case to the District Court for further proceedings. I write separately though to address several points.

T2 I disagree with the opinion's reliance on the common law. Oklahoma is not a common law state. Our laws have been codified by the Legislature in the form of-state statutes and these statutes supplant the common law except where the Legislature has failed to speak,. Title 12 0.8.2011, § 2 provides:…

2Cases cited10 opinions

  1. Heien v. North CarolinaSupreme Court of the United States · 2014
  2. Johnson v. StateCourt of Criminal Appeals of Oklahoma · 2013
  3. Bingham v. StateCourt of Criminal Appeals of Oklahoma · 1946
  4. Elliott v. MillsCourt of Criminal Appeals of Oklahoma · 1959
  5. Gilbert v. StateCourt of Criminal Appeals of Oklahoma · 1982

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