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IN THE COURT OF CRIMINAL APPEALS OF THE STATE OF OKLAHOMA
| Robert Eric Wadkins, Appellant, v. STATE OF OKLAHOMA, Appellee, |
No. F-2018-790 (Felony) Filed: 08/02/2018 Closed: 11/29/2021 Appealed from: CHOCTAW County District Court Filed Opinion/Order 2022 OK CR 2 , 504 P.3d 605 |
Parties
STATE OF OKLAHOMA,
Appellee
Wadkins, Robert Eric,
Appellant
Attorneys
| Attorney | Represented Parties |
|---|---|
| Atteberry, Beverly 1815 E. 15TH ST TULSA, OK 74104 |
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| Attorney General Of Oklahoma 313 NE 21st Street ******Interagency Mail***** |
STATE OF OKLAHOMA |
| Choctaw County District Attorney 300 E. DUKE HUGO, OK 74743 |
STATE OF OKLAHOMA Wadkins Robert Eric |
| Danner, Cindy |
STATE OF OKLAHOMA Wadkins Robert Eric |
| Griffith, J. Elizabeth (Bar #20227) 113 N. CENTRAL AVE IDABEL, OK 74745 |
Wadkins Robert Eric |
| Heinze, Kimberly Dawn (Bar #17051) OIDS 111 N. PETERS, STE 100 NORMAN, OK 73069 |
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| Johnson, Chad (Bar #32432) OIDS 111 N. PETERS AVE., STE 100 NORMAN, OK 73069 |
Wadkins Robert Eric |
| Keyes, Jacob Todd (Bar #30136) CHOCTAW NATIONAL JUDICIAL BRANCH P.O. BOX 1210 DURANT, OK 74702 |
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| Marshall, Garrett (Bar #33960) P.O. BOX 926 NORMAN, OK 73070 |
Wadkins Robert Eric |
Events
None
Lower Court Counts and Other Information
| Count | Case Number | Statute | Crime | Sentence | Judge | Reporter |
|---|---|---|---|---|---|---|
| - | CF-2017-126 | - | Brock, Gary L | Baze, Ginger G | ||
| - | - | - | Shackelford, Lynn A |
Docket
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DATE OF ORDER APPEALED |
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ISSUE CERTIFICATE OF APPEAL |
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FELONY INITIAL FILING |
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RECEIPT # 73010 ON 08/02/2018. |
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ORIGINAL RECORD - 160 PAGES (COPY TO AG) |
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TRANSCRIPT - 8/28/17 - 118 PAGES; ATTACHED EXHIBIT (COPY TO AG) |
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TRANSCRIPT - 1/23/18 - 41 PAGES; ATTACHED EXHIBIT (COPY TO AG) |
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TRANSCRIPT - 5/21/18 - 17 PAGES (COPY TO AG) |
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TRANSCRIPT - 7/10/18 - 9 PAGES (COPY TO AG) |
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TRANSCRIPT - 5/21/18 - 235 PAGES (COPY TO AG) |
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TRANSCRIPT - 5/22/18 - 198 PAGES (COPY TO AG) |
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EXHIBIT TRANSCRIPT - 5/21/18 THROUGH 5/22/18 (COPY TO AG) |
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PAGE VI OF INDEX- TENDERED FOR FILING |
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JE: ORDER, LEWIS PJ; COPIES HON. GARY L. BROCK, DIST COURT CLERK AND ATTORNEYS; ORDER GRANTING REQUEST TO SUBSTITUTE. APPELLANT'S REQUEST TO SUBSTITUTE AN AMENDED PAGE VI OF THE INDEX TO THE 05/22/2018, JURY TRIAL IS GRANTED. THE CLERK OF THIS COURT IS DIRECTED TO FILE THE TENDERED AMENDED PAGE VI TENDERED CONTMPORANEOUSLY WITH APPELLANT'S MOTION. |
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PAGE VI OF INDEX OF TRANSCRIPT FOR 05/22/2018 JURY TRIAL |
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CAUSE SUBMITTED TO COURT |
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RECORD TO COURT |
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JE: ORDER, LEWIS PJ, LUMPKIN J, HUDSON J, ROWLAND J; NOT PARTICIPATING: KUEHN VPJ; COPIES TO HON. GARY L. BROCK, DIST COURT CLERK AND ATTORNEYS; ORDER HOLDING CASE IN ABEYANCE AND DIRECTING ATTORNEY GENERAL TO PROVIDE STATUS UPDATE. THEREFORE IT IS THE ORDER OF THIS COURT THAT THE PRESENT APPEAL BE HELD IN ABEYANCE UNTIL THE DECISION IN CARPENTER V. MURPHY IS FINAL. THE ATTORNEY GENERAL IS DIRECTED TO NOTIFY THIS COURT ONCE THE DECISION IN MURPHY IS FINALLY SETTLED. |
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JE: ORDER; LEWIS PJ, KUEHN VPJ, LUMPKIN J, HUDSON J, ROWLAND J; COPIES TO HON. GARY BROCK, DIST COURT CLERK AND ATTORNEYS; ORDER REMANDING FOR EVIDENTIARY HEARING; APLNTS CLAIM RAISES TWO SEPARATE QUESTIONS: WE THERFORE REMAND THIS CASE TO THE DIST COURT OF CHOCTAW COUNTY, FOR AN EVIDENTIARY HEARING TO BE HELD WITHIN 60 DAYS FROM THE DATE OF THIS ORDER. THE HEARING SHALL BE TRANSCRIBED, AND THE COURT REPORTER SHALL FILE AN ORIGINAL AND (2) CERTIFIED COPIES OF THE TRANSCRIPT WITH IN (20) DAYS AFTER THE HEARING IS COMPLETED. THE DIST COURT SHALL THEN MAKE WRITTEN FINDINGS OF FACT AND CONCLUSIONS OF LAW, TO BE SUBMITTED TO THIS COURT WITHIN (20) DAYS AFTER THE FILING OF THE TRANSCRIPTS IN THE DIST COURT. THE DIST COURT SHALL TRANSMIT THE RECORD OF THE EVIDENTIARY HEARING, THE DIST COURT FINDINGS OF FACT AND CONCLUSIONS OF LAW, AND ANY OTHER MATERIALS MADE A PART OF THE RECORD, TO THE CLERK OF THIS COURT, AND COUNSEL FOR APLNT, WITHIN (5) DAYS AFTER THE DIST COURT HAS FILED ITS FINDINGS OF FACT AND CONCLUSIONS OF LAW. UPON RECEIPT THEREOF, THE CLERK OF THIS COURT SHALL PROMPTLY DELIVER A COPY OF THAT RECORD TO THE AG. A SUPPLEMENTAL BRIEF, ADDRESSING ONLY THOSE ISSUES PERTINENT TO THE EVIDENTIARY HEARING AND LIMITED TO (20) PAGES IN LENGTH, MAY BE FILED BY EITHER PARTY WITHIN (20) DAYS AFTER THE DISTRICT COURT'S WRITTEN FINDINGS OF FACT AND CONCULIONS OF LAW ARE FILED IN THIS COURT. IT IS FURTHER ORDERED THAT THE CLERK OF THIS COURT SHALL TRANSMIT COPIES OF THE FOLLOWING, WITH THIS ORDER; APLNTS BRIEF IN CHIEF FILED & NOTICE OF EXTRARECORD EVIDENCE SUPPORTING PRO 1 ANS IV OF BRIEF OF APPELLANT & OR ALTERNATIVLEY APPL. FOR EVIDENTIARY HEARING ON 6TH AMENDMENT CLAIMS FILED 2-19-19 APPELLANTS REPLY BRIEF FILED 7-8-19 & APLEES RESPONSE BRIEF FILED 6-19-19 |
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JE: ORDER LEWIS P J, KUEHN VPJ, LUMPKIN J, HUDSON J, ROWLAND J, COPIES TO ATTYS, DC CLERK, HON. GARY L. BROCK, ORDER GRANTING ENLARGMENT OF TIME WITHIN WHICH TO COMPLETE EVIDENTIARY HEARING. THE DISTRICT COURT IS GRANTED AN ADDITIONAL NINETY DAYS OR UNTIL 1-21-21 WITHIN WHICH TO HOLD EVIDENTIARY HEARING PREVIOUSLY ORDERD. THE SCHEDULING ORDERSREGARDING THE TRANSMISSION OF RECORDS TRANSCRIPTS FNDINGS OF FACT AND CONCLUSIONS OF LAW AND SUPPLEMENTAL BRIEFS SHALL REMAIN INEFFECT. |
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JE: ORDER KUEHN PJ, ROWLAND VPJ, LUMPKIN J, LEWIS J, HUDSON J, COPIES TO ATTYS, DC CLERK, HON GARY L. BROCK, ORDER GRANTING ENLARGEMENT OF TIME WITHIN WHICH TO COMPLETE EVIDENTIARY HEARING. THE DISTRICT COURT IS GRANTED AN ADDITIONAL TWENTY DAYS OR UNTIL 2-10-21 WITHIN WHICH TO HOLD THE EVIDENTIARY HEARING PREVIOUSLY ORDERED. THE SCHEDULING ORDERS REGARDING THE TRANSMISSION OF RECORDS TRANSCRIPTS FINDINGS OF FACTS AND CONCLUSION OF LAW AND THE SUPPLEMENTAL BRIEF SHALL REMAIN IN EFFECT. |
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JE: ORDER; KUEHN PJ, ROWLAND VPJ, LUMPKIN J, LEWIS J, HUDSON J; COPIES TO HON. GARY L. BROCK, DIST COURT CLERK AND ATTORNEYS; ORDER GRANTING ENLARGEMENT OF TIME WITHIN WHICH TO COMPLETE EVIDENTIARY HEARING; THE PARTIES NOW REQUEST AN ADDITIONAL TWENTY DAYS AFTER 02/10/2021, OR UNTIL 03/02/2021, WITHIN WHICH TO COMPLETE TEH EVIDENTIARY HEARING. THE NEED FOR ADDITIONAL TIME IS OCCASIONED BY A COVID-19 OUTBREAK THAT CLOSED THE CHOCTAW COUNTY COURTHOUSE FOR NEARLY TWO WEEKS AS WELL AS THE RECENT INCLEMENT WEATHER. THE PARTIES REQUEST TWENTY DAYS WITH THE HOPE OF CONCLUDING IN LESS TIME AND TO ENSURE NO ADDITIONAL EXTENSIONS ARE NECESSARY. WE FIND THAT THE REQUEST SHOULD BE GRANTED. IT IS THEREFORE ORDERED THAT THE DIST COURT IS GRANTED AN ADDITIONAL 20 DAYS OR UNTIL 03/02/2021 WITHIN WHICH TO HOLD THE EVIDENTIARY HEARING PREVIOUSLY ORDERED. THE SCHEDULING ORDERS REGARDING THE TRANSMISSION OF RECORDS, TRANSCRIPTS, FINDING OF FACTS AND CONCLUSIONS OF LAW, AND SUPPLEMENTAL BRIEFS SHALL REMAIN IN EFFECT. |
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JE: ORDER; KUEHN PJ; COPIES TO HON. GARY L. BROCK, DIST COURT CLERK, COURT REPORTERS AND ATTORNEYS; ORDER GRANTING ENLARGEMENT OF TIME WITHIN WHICH TO COMPLETE FINDINGS OF FACT AND CONCLUSTIONS OF LAW; IT IS THEREFORE ORDERED THAT THE DIST COURT IS GRANTED AN ADDITIONAL TEN DAYS FROM THE DATE OF THIS ORDER TO FILE ITS FINDINGS OF FACTS AND CONCLUSIONS OF LAW. THE SCHEDULING ORDERS REGARDING THE TRANSMISSION OF RECORDS, TRANSCRIPTS AND SUPPLEMETNAL BRIEFS SHALL REMAIN IN EFFECT. |
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ORDER KUEHN PJ, COPIES TO ATTYS, DC CLERK, HON. GARY L. BROCK, ORDER DIRECTING COMPLIANCCE WITH REMAND ORDER. THE CHOCTAW COUNTY COURT CLERK IS DIRECTED TO SUPPLEMENT THE RECORD AS DIRECTED IN OUR REMAND ORDER OF 8-29-20 AND TRANSMIT THE RECORD OF THE EVIDENTIARY HEARING INCLUDING ANY MATERIAL RELATED TO OR MADE PART OF THE RECORD ON REMAND TO THE CLERK OF THIS COURT AND COUNSEL FOR APPELLATE WITHIN 5 DAYS FROM THE DATE OF THIS ORDER. UPON RECEIPT THEREOF THE CLERK OF THIS COURT SHALL PROMPTLY DELIVER A COPY OF THE RECORD TO THE ATTORNEY GENERAL . A SUPPLEMENTAL BRIEF ADDRESSING ONLY ISSUES PERTINENT TO THE EVIDENTIARY HEARING & LIMITED TO 20 PAGE IN LENGTH MAY BE FILED BY EITHER PARTY WITHIN 20 DAYS AFTER THE EVIDENTIARY HEARING RECORD IS FILED IN THIS COURT |
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2 VOL. ORIGINAL RECORD - 292 PAGES (COPY TO AG) |
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TRANSCRIPT - 2/23/21 - 152 PAGES (COPY TO AG) |
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EXHIBIT TRANSCRIPT - 2/23/21 (COPY TO AG) |
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RECORD TO COURT |
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JE: OPINION ~~~~~ J&S VACATED AND THE MATTER IS REMANDED WITH INSTRUCTIONS TO DISMISS ~~~~~ ROWLAND PJ; SPECIALLY CONCUR: HUDSON VPJ; CONCUR IN RESULTS: LUMPKIN J; CONCUR: LEWIS J; COPIES TO AG, HON. GARY L. BROCK, DIST COURT CLERK BEVERLY ATTEBERRY, OIDS, DA TULSA, JACOB KEYES, PRESS, OPD, TPD, NOT FOR PUB |
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VACATED AND REMANDED WITH INSTRUCTIONS TO DISMISS (OPINION) |
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JE: ORDER; ROWLAND PJ, HUDSON VPJ, LUMPKIN J, LEWIS J; COPIES SAME AS OPINION; ORDER GRANTING MOTION FOR PUBLICATION; FOR GOOD CAUSE SHOWN, THE COURT GRANTS THE REQUEST FOR PUBLICATION, AND THE OPINION, AS CORRECTED, IS HEREBY RELEASED FOR PUBLICTION |
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JE:(CORRECTED PER THE ORDER OF 11/04/2021) OPINION ~~~~~~ J&S VACATED AND THE MATTER IS REMANDED WITH INSTRUCTIONS TO DISMISS ~~~~~ ROWLAND PJ; SPECIALLY CONCUR: HUDSON VPJ; CONCUR IN RESULTS: LUMPKIN J; CONCUR: LEWIS J; COPIES TO AG, HON. GARY BROCK, DIST COURT CLERK, J. ELIZABETH GRIFFITH, OIDS, DA HUGO, JACOB KEYES, BEVERLY ATTEBERRY PRESS, OPD, TPD, WEST, OBJ, LEXIS-NEXIS, FOR PUB PER THE ORDER OF 01/20/2022 ** 2022 OK CR 2 ** |
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RECORD RETURNED TO DISTRICT COURT |