Legal Opinion · Dissent

Miller v. State

Court of Criminal Appeals of Oklahoma

Decided September 6, 2013No. D-2008-1206Published

1DissentLewis, Presiding Judge

{ 1 Appellant has shown no error warrant ing reversal of his conviction or death sentence for the murder of Jerald Thurman. The rule of Witherspoon v. Illinois, 391 U.S. 510, 88 S.Ct. 1770, 20 L.Ed.2d 776 (1968), which concerns us in Appellant's Proposition Two, is nothing more, or less, than this:

[A] sentence of death cannot be carried out if the jury that imposed or recommended it was chosen by excluding veniremen for cause simply because they voiced general objections to the death penalty or expressed conscientious or religious seruples against its infliction.

Witherspoon, 391 U.S. at 522,…

2Cases cited12 opinions

  1. Witherspoon v. IllinoisSupreme Court of the United States · 1968
  2. Darden v. WainwrightSupreme Court of the United States · 1986
  3. Wainwright v. WittSupreme Court of the United States · 1985
  4. Uttecht v. BrownSupreme Court of the United States · 2007
  5. Jesse Joseph Trujillo v. George E. SullivanCourt of Appeals for the Tenth Circuit · 1987

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