Legal Opinion · Concurrence

Williams v. State

Court of Criminal Appeals of Oklahoma

Decided April 16, 1996No. F-94-741Published

1ConcurrenceLumpkin, Judge

I concur in the Court’s decision to reverse and remand the case for a new trial due to the trial court’s denial of Appellant’s right to examine Sharon Roe about his statement made immediately after the shooting that “it was them or me”. However, I disagree with the Court’s analysis on when the defense of self-defense can be raised and what evidence can be used to raise the defense.

In order to warrant a jury instruction on self-defense, a defendant must show that he or she had a reasonable belief at the time of the killing that he or she was in imminent danger of great bodily harm or death.…

2Cases cited2 opinions

  1. West v. StateCourt of Criminal Appeals of Oklahoma · 1980
  2. Thompson v. StateCourt of Criminal Appeals of Oklahoma · 1961

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