Flores v. State

While I agree the case must be reversed, I write to correct one point in the Court’s reasoning, and to specifically delineate the factors used in determining reversal is necessary.

The error in the Court’s analysis lies in its review to determine whether “the error is harmless beyond a reasonable doubt.” Slip op. at 4. This is incorrect. Although there is no doubt the presumption of innocence is deeply ingrained in our system of justice, we need not resort to vague pronouncements in our jurisprudence to find its origin; it is reflected in 22 O.S.1991, § 836,1 and has been since before…