Legal Opinion · Dissent

State v. Hall

Court of Criminal Appeals of Oklahoma

Decided May 23, 2008No. S-2007-19Published

1DissentChapel, J.

1 1 I dissent to the majority's resolution of Proposition I. A magistrate and trial judge found that the statutory provisions allowing for alternate jurors in multicounty grand juries cannot be harmonized with the Oklahoma Constitution. After reviewing the plain language of the constitution, I agree. I would find that portion of 38 0.$.Supp.2004, § 21, which authorizes three additional alternate grand jurors, unconstitutional and uphold the decision below.

'I 2 At the outset, I want to compliment my colleague, Judge Lewis, on his concurring opinion. I believe it is excellently researched and…

2Cases cited17 opinions

  1. State Ex Rel. Caldwell v. Hooker, County JudgeSupreme Court of Oklahoma · 1908
  2. Rivas v. Parkland ManorSupreme Court of Oklahoma · 2000
  3. Nicodemus v. District Court of Oklahoma CountyCourt of Criminal Appeals of Oklahoma · 1970
  4. Holt v. StateCourt of Criminal Appeals of Oklahoma · 1973
  5. Stone v. HopeCourt of Criminal Appeals of Oklahoma · 1971

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