Golden v. State

LUMPKIN, Vice-Presiding Judge:

Dissenting.

¶ 1 I dissent to the Court’s decision to suddenly mandate that it is “structural error” when a defendant is denied the “complete array of peremptory challenges to which he was entitled by Oklahoma law” and thus beyond the possibility of ever being considered harmless under the facts of the case — even when defense counsel makes no attempt to preserve the error or complain about the jury. It is readily apparent there is a lack of understanding as to what constitutes a “structural” error under current jurisprudence and what the misuse of that term can…