Legal Opinion
Moss v. Hicks
Court of Criminal Appeals of Oklahoma
Decided April 22, 1987No. P-87-159PublishedCited by 5 opinions
1Opinion of the Court
ORDER GRANTING WRIT OF PROHIBITION AND MANDAMUS
On February 26, 1987, a hearing was held before the respondent, who was sitting as magistrate in the case of State v. Wallace, Case No. CRF-87-0135. Defense counsel argued that prior to the preliminary hearing a lineup must be held, otherwise an in-court identification of the defendant by the State’s sole witness would be the equivalent of an improper one-man showup. The State argued that the magistrate did not have the authority to order a lineup, and that the proper time to rule on a motion to suppress was during the preliminary hearing when…
2Cases cited7 opinions
- Moore v. IllinoisSupreme Court of the United States · 1977
- Nicodemus v. District Court of Oklahoma CountyCourt of Criminal Appeals of Oklahoma · 1970
- Woolen v. CoffmanCourt of Criminal Appeals of Oklahoma · 1984
- State v. BensonCourt of Criminal Appeals of Oklahoma · 1983
- Stewart v. Judge of the 15th Judicial DistrictSupreme Court of Oklahoma · 1975
2 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Snow v. StateCourt of Criminal Appeals of Oklahoma · 1994
- Allen v. District Court of Washington CountyCourt of Criminal Appeals of Oklahoma · 1991
- Moss v. District Court of Tulsa CountyCourt of Criminal Appeals of Oklahoma · 1988
- Allen v. District Court of Washington CountyCourt of Criminal Appeals of Oklahoma · 1991
- Snow v. StateCourt of Criminal Appeals of Oklahoma · 1994