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Hatch v. State

Citations: 835 P.2d 880; 63 O.B.A.J. 2158; 1992 OK CR 44; 1992 Okla. Crim. App. LEXIS 61; 1992 WL 163692Docket: F-87-393

Court: Court of Criminal Appeals of Oklahoma; July 10, 1992; Oklahoma; State Appellate Court

Narrative Opinion Summary

This case involves an appeal by an individual convicted of two counts of First Degree Murder and two counts of Shooting With Intent to Kill, who was initially sentenced to death and 45 years imprisonment. The appellant sought post-conviction relief on the basis of the Supreme Court's ruling in Enmund v. Florida, which limits the death penalty to those directly participating in a murder. After an evidentiary hearing, the death sentences were affirmed, and subsequent petitions for certiorari and habeas corpus were denied. In a further appeal, the appellant challenged his sentence, raising multiple allegations, with only two considered pertinent under Enmund. The court upheld the admission of prior witness statements and the exclusion of cumulative expert testimony regarding intent, finding these decisions consistent with Oklahoma law. The court determined that the sentencing complied with Enmund criteria, affirming the death sentences as the appellant was deemed an active participant in a violent felony with a high likelihood of causing death. The appellant's claims for post-conviction relief were denied, and the original sentencing was upheld by the Court of Criminal Appeals.

Legal Issues Addressed

Application of Enmund v. Florida in Death Penalty Cases

Application: The court applied the Enmund criteria to determine whether the death penalty was appropriate for the appellant, who was an active participant in a violent felony likely to cause loss of life.

Reasoning: The sentencing judge conducted a thorough analysis under the Enmund criteria, concluding the Appellant was an active participant in a violent felony likely to cause loss of life.

Exclusion of Cumulative Expert Testimony

Application: The court upheld the trial court's exclusion of a defense psychiatrist's opinion as it was considered cumulative and not necessary to assist the fact-finder.

Reasoning: The psychiatrist's opinion must assist the fact-finder and can be excluded if it is deemed cumulative, emphasizing that the trial court's decision was valid under the Oklahoma Evidence Code.

Right to Confront Witnesses and Admission of Past Recollections

Application: The court found that the admission of a witness's past recollection was proper as the witness was present and had her memory refreshed during testimony.

Reasoning: Regarding the first allegation, the Court found the admission of the witness's prior statement was proper under Oklahoma law, as the witness, Ms. Anderson, was present and had her memory refreshed during testimony.

Use of Foundational Data and Expert Testimony

Application: The court permitted extensive hearsay evidence regarding the Petitioner's background, allowing expert interpretation based on foundational data provided by witnesses.

Reasoning: While opinion testimony was deemed appropriate based on foundational data provided by witnesses, an opinion on the Petitioner's intent to kill on October 15, 1979, was denied as it pertained to criminal liability.