Adult dating in bokchito oklahoma
And in affirming the state district court's denial of post-conviction relief, the OCCA invoked this rule generally to bar all claims Mc Cormick failed to raise on direct appeal.
Ed.2d 733 (2012) (describing waiver as the “intentional relinquishment or abandonment of a known right” and noting that state's choice to deliberately steer court away from procedural defense towards merits fits this description (quoting Kontrick v.
Accordingly, we hold the prosecution suppressed favorable, material evidence in violation of Mc Cormick's rights under Brady. Mc Cormick kept a motor home on the property, and M. began staying in the motor home with him when she was almost 8. There, SANE nurse Carolyn Ridling conducted a sexual-assault examination on M. The state ultimately charged Mc Cormick with child sexual abuse and child abuse. K.'s testimony, even if credible, “wouldn't be enough” for her to convict Mc Cormick.
As such, we impute her knowledge of her own lack of credentials to the prosecutor, who was obligated to disclose this impeachment evidence to the defense. The next day, the child services investigator brought M. to Texoma Medical Center in Denison, Texas, to be examined.
Accordingly, we ruled the state could “reassert this procedural default defense” on remand. But the state concedes it failed to reassert this procedural default defense on remand.
As the state points out, Oklahoma has a procedural rule that deems waived all issues the petitioner could have raised on direct appeal but didn't raise.