Devol Oklahoma girl meeting

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Smith, sentenced Malone to death. Malone has properly perfected this direct appeal of his conviction and sentence. While driving on Booher Road, she came across a parked white car on the side of the dirt road. Robles thought he might be dead. Green had been sleeping, but answered the door, listened to Robles's story, told her not to worry about waking him, and reassured her that he would check out the situation for her. Green was not scheduled to be on duty that day until a.

He went on duty at a. Green attempted to provide the vehicle tagbut dispatch could not understand thedue to radio interference. This was Green's final contact with OHP dispatch. After approximately ten minutes dispatch tried to contact Green with a welfare check ""but got no response.

After numerous unanswered welfare checks to Green's badge and an unanswereddispatch sent various units to Trooper Green's location and contacted the Cotton County Sheriff's Department. Trooper Green's patrol car was parked on the right side of the road, with the driver's side door open and the headlights on. Thompson walked around the area until he discovered his friend's dead body, face down in the ditch, with his arms and legs spread, a few feet to the right and front of his patrol car.

Thompson immediately called his dispatch, and the investigation of Green's murder began. According to statements made by Malone, Trooper Green arrived at the scene and attempted to rouse Malone by talking to him and shining a flashlight in his face. Officers who investigated testified that it was obvious from evidence left at the scene that Devol Oklahoma girl meeting had been manufacturing methamphetamine outside his or her car that night.

It would have been obvious to Green as well. Malone's John Deere cap ended up in the barbed wire fence, and Green's baton and a Glock 9 mm pistol were left lying in the ditch. The video never shows Trooper Green, but the audio on the videotape, though garbled and Devol Oklahoma girl meeting hard to understand, contains a poignant and heartbreaking record of the verbal exchanges between Malone and Green during the six minutes preceding Green's death. Then Malone appears to gain control and tells Green to lay there and not turn over.

Green tells Malone that he didn't have a problem with Malone and that he came to help him. He tells Malone, "Hey, run if you want to go, but leave me. I've got children. Meanwhile, Malone repeatedly asks Green where "the keys" are, apparently referring to the keys for the handcuff that is on his wrist, and demands that Green stop moving and keep his hands up. Malone threatens to kill Green if he moves, but also promises that he won't shoot him if Green holds still. Malone searches at least one of Green's pockets, but fails to find the keys. For the name of Jesus Christ.

He'll deliver. Lord Jesus! Malone can be seen hurriedly "cleaning up" his makeshift methamphetamine labdumping containers of liquid that are sitting on the ground, loading numerous items into the back seat and trunk, throwing and kicking things off the road, and lowering the Devol Oklahoma girl meeting hood.

After almost thirty seconds, the car starts, and by a. Malone has left the scene. They all testified that they spent much of Christmas Day in preparing for a "cook" that night and that when Anthony got sick, Malone decided to go ahead. Malone left late that night, in Sturdevant's white Geo Spectrum, to complete the cook on his own.

Anthony testified that he saw Malone again around p. Later that night Anthony went with Malone to a hotel in Norman, and Malone told him more about what had happened. Anthony acknowledged that he himself put the gun in a hotel trash can and covered it up with trash. Rosser testified that when Malone came home on the morning of December 26,he had a handcuff on his right wrist, bruising on his hands, and some blood on his shirt.

Rosser testified that he and his wife got in the car and that Malone came out wearing different clothes and carrying a white plastic garbage bag. They stopped at Sturdevant's car, and Malone retrieved a big black case from it. They also stopped at a wooded area on Camel Back Road, where Malone got out and disposed of the white bag. Rosser testified that on the way to Duncan, Malone told the Rossers that he had killed a state trooper and that he "was real sorry.

They waited in the garage while Malone got the big black case and a gun out of the car and then waited while Malone got his own handcuff key. Malone showed them a "black Glock," saying it was the one he'd used to kill the trooper. Rosser testified that the gun had blood and grass and hair on it.

Malone also told Rosser that he "fucked up" and was "sorry. Rosser testified that on the way to Duncan, Malone stated, "I killed him. I killed him.

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I killed a cop. Rosser testified that Malone said he had shot "a Hi-Po" two times in the head and that on the first shot, "the bone part of the skull stuck to the gun, and so [I] shot it again to get the gun clean. I need you to call your car in stolen. II shot a trooper. Sturdevant acknowledged that she got Malone the white trash bag for his clothes, and later that day she dyed his hair blond and cut it. If I say anything, I'm going to get the death penalty. He Devol Oklahoma girl meeting a history of his involvement with drugs, legal and illegal, beginning with steroids to get bigger when he was a firefighter, including Prozac to combat depression when his marriage was in trouble, and then Lortabs, which began with a football injury but developed into an addiction.

Malone testified that he began using methamphetamine in April ofaround the time his mother died. He described the effects of the drug and how his usage of methamphetamine, like his usage of pain pills, increased over time.

Malone claimed that he didn't sleep from December 4 through December 26,due to being continuously "amped up on meth," and that he was hearing voices and seeing things during this time.

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He testified that while in the middle of the cook, his back started hurting, so he took some Lortabs and then passed out. He described waking up to a gun and a flashlight in his face and testified that he thought he was about to get robbed or killed. Malone repeatedly denied that he knew Green was connected with law enforcement, until after he had killed him. Malone testified that the other man kept trying to get up and that the "voices in my head" told him to shoot him, because the man was "going to get me. David Smith, a California physician specializing in addiction medicine, testified as an expert witness on Malone's behalf.

He provided extensive testimony on his own expertise, particularly regarding methamphetamine, on genetic predisposition to addiction and depression, and on the science of how methamphetamine affects the brain. In particular, Smith explained how when someone is extremely "intoxicated" on methamphetamine, to the point of "amphetamine psychosis," the effect on the person is comparable to paranoid schizophrenia. He explained that like paranoid schizophrenia, amphetamine psychosis can include auditory and visual hallucinations, where an individual will respond to non-existent environmental stimuli or threats.

Smith also described less severe, but still serious methamphetamine effects, including a "rage reaction," where the individual responds to an actual threat, but overreacts. Smith testified that he had met with Malone the day a Sunday and reviewed various materials associated with the case, including the Dashcam video. Smith testified about the substantial history of addiction and depression in Malone's family and the history and extent of Malone's drug abuse, including how much he was using and its effect on his life at the time of the shooting.

He also recounted that Malone was smoking methamphetamine "every hour" and was "hearing voices" and "seeing things" on the night before and morning of his encounter with Green. Smith concluded that Malone was most likely in a state of "amphetamine psychosis" on the morning of the shooting, making him likely to engage in "crazy, irrational violence.

Initially, the State responds that the evidence presented by Malone was inadequate to even require Devol Oklahoma girl meeting on voluntary intoxication; hence any error in the instructions given could not have harmed him.

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Voluntary intoxication instructions should be given when evidence has been introduced at trial that is adequate to raise that defense, i. The trial court should leave the weighing of the evidence to the finders of fact, in whose judgment our system of Devol Oklahoma girl meeting by jury is based.

Hence the trial court properly determined that his jury should be instructed on this defense. The evidence presented at Malone's trialin particular, Malone's own testimony about his drug use and the effects it was having on him at the time of the shooting, as well as the testimony of Dr. Smith that Malone could not have formed the intent of malice aforethoughtwhen looked at simply to determine if, on its face, it established a prima case of intoxication, certainly was sufficient to raise a voluntary intoxication defense, such that Malone was entitled to have his jury instructed on this defense.

The State maintains, however, that the errors in the instructions were harmless beyond a reasonable doubt. We consider the instructions given at Malone's trial as a whole. We begin by noting that defense counsel did not raise an objection to the jury instructions given at Malone's trial. Malone's Instruction No. The crime of murder in the first degree has an element the specific criminal intent of Mens Rea. A person in entitled to the defense of intoxication if that person was incapable of forming the specific criminal intent because of his intoxication.

We are confident that his jury was not confused or misled by these small errors, which followed the applicable uniform instruction. The use of the word "Mens Rea" in the first sentence, however, is a much more ificant error. This word should not have appeared in the instructions provided to Malone's jury, nor should it appear in any version Devol Oklahoma girl meeting OUJI-CR that is provided to a jury. The crime of murder in the first degree has as an element the specific criminal intent of malice aforethought.

A person is entitled to the defense of voluntary intoxication if that person was incapable of forming this specific criminal intent because of his intoxication. Since "malice aforethought" is defined by our law as a deliberate intent to kill, it would also have been acceptable for the first sentence to read: "The crime of murder in the first degree has as an element the specific criminal intent of a deliberate intent to kill. This is a serious error, and it is not corrected or mitigated by the other intoxication instructions provided at Malone's trial.

Hence it is legally accurate and adequate and provides due notice regarding the defendant's defense. We simply recognize that the instructions could be and should be improved, and we direct that this be done. And very few jurors are versed in the particular elements of the various crimes and defenses they may be asked to evaluate. Hence jury instructions serve a fundamental and critical role in our system of trial by jury. Jury instructions serve as the jury's job description, rule book, and mission statement. The key "institutional actors" in our criminal systemtrial courts, prosecutors, defense counsel, and this Courtshould all do everything reasonably possible to make the contents of these juror guidebooks as clear, readable, and legally accurate as they can possibly be.

And this Court appreciates and acknowledges the work of the Oklahoma Court of Criminal Appeals Committee for Preparation of Uniform Jury Instructions for its consistent and committed efforts in assisting this Court in this regard. This was the critical question in determining whether Malone could prevail on his voluntary intoxication defense, and his jury instructions, even read as a whole, fail to adequately articulate this standard.

Nevertheless, upon a thorough review of the entire record in this case, this Court is convinced that despite the inadequacy of the jury instructions, no juror could possibly have been unaware that Malone's defense was voluntary intoxication and that he should prevail on this defense if he could establish that due to his drug-induced intoxication, he did not deliberately intend to kill Green. A review of the transcripts in this case makes readily apparent that Malone's fundamental defensefrom opening statements to closing arguments of the first stage of his trialwas that his methamphetamine use, coupled with his use of Lortab, left him so intoxicated that he was unable to and did not intend to kill Trooper Green.

The problem was that no reasonable juror who heard all the evidence in the first stage of his trial could possibly have concluded that he was unable to Devol Oklahoma girl meeting "malice aforethought" at the time of the shooting or that he did not deliberately intend to kill Trooper Green.

The prosecutor cross examined Malone about the fact that he never mentioned anything to his friends about seeing things or hearing "voices" on the morning of the shooting. Smith's case-specific testimony about Malone and his likely mental state at the time of the shooting was thoroughly and convincingly impeached by the State.

Smith was remarkably unquestioning when it came to accepting the credibility of Malone's statements; that he could not verify Malone's reports regarding the extent of his drug use at the time; that he did not talk to any of Malone's family members; and that Dr.

Smith did not seriously consider or take into evidence that contradicted Malone's to him.

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Smith acknowledged that up until the preceding weekend, Malone had maintained and Smith's expected testimony had been that Malone had a "total blackout" about the shooting and did not remember anything, but that after meeting with Smithwho informed Malone that such memory loss "didn't make sense" in the methamphetamine contextMalone finally provided what Dr. Smith "perceived was an accurate history," i.

Smith was also forced to acknowledge, when presented with the extensive evidence about Malone's efforts to avoid being caught, that all of these actions were examples of "logical, goal-oriented behaviors," and that all of them "speak against brain impairment.

While Malone may well have experienced "methamphetamine psychosis" at some point, such as when he "saw Big Foot," no reasonable juror could have concluded, based upon the entire record in this case, that he was Devol Oklahoma girl meeting such a state at the time he shot Green or that he did not deliberately intend to kill Green.

Consequently, although we find plain error in the trial court's failure to properly instruct Malone's jury on his voluntary intoxication defense, we do not hesitate to conclude that this error was harmless beyond a reasonable doubt in this case. Smith was overly argumentative.

As noted above, the testimony of these two witnesses contained much that was worthy of pointed and thorough impeachment. Malone recognizes that "defense counsel utterly failed to object to most of" the now-cited questioningprobably because it was largely unobjectionable.

While particular questions and comments may have been inappropriate, and the cross examination of Malone could have been more efficient, we do not hesitate to conclude that the challenged cross examinations did not constitute prosecutorial misconduct.

He asserts: 1 that victim impact evidence, in general, is unconstitutional and has no appropriate Devol Oklahoma girl meeting in Oklahoma's capital sentencing scheme; 2 that allowing victim impact witnesses to give a recommendation regarding the defendant's punishment violates the Eighth Amendment; 3 that the sentencing recommendation delivered by Mrs. Green, the victim's wife, exceeded the scope of a permissible sentencing recommendation and was highly prejudicial; 4 that testimony quoting birthday cards from the victim to his mother and sister was improper and inadmissible hearsay; and 5 that overall, the victim impact testimony at Malone's trial was too long and overly emotional.

We take up these issues in turn. Tennessee,86 along with the precedents of this Court following Payne, all of which recognize the limited but appropriate role of victim impact evidence within the second stage of a capital trial. State, we recently acknowledged that "although the Supreme Court had earlier forbidden such evidence, the decision in Payne left open the question of the validity of such evidence. On December 1,Malone's counsel filed a Motion to Produce Victim Impact Statement, as well as a Motion for In Camera Hearing Regarding Victim Impact Statement, asking that the State be required to produce the victim impact evidence that it intended to use at trial and that the district court hold the required hearing citing Cargle regarding the admissibility of this evidence.

On April 4,the district court issued an order resolving most of Malone's pending motions, within which the court noted that the State had "agreed to produce victim impact statements, if necessary prior to such statements being introduced at trial. The record also contains no indication that a hearing was ever held before the district court about this evidence; and the State conceded at oral argument that it could not find any evidence that a Cargle victim-impact hearing was held in this case.

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