Tulsa Criminal Defense Attorney | Looking for the Best | Cale Law Office
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Are you looking for the best Tulsa criminal defense attorney? Call the Cale Law Office at 918-277-4800. Schedule your free initial consultation with attorney Stephen Cale. Attorney Cale has nearly two decades of experience. Plus, he focuses his practice on criminal defense. Give him a call today.
The defendant gave notice that he intended to present evidence of mental illness as part of his diminished capacity defense. The state got permission for a psychologist to interview the defendant. The psychologist minister to test to attempt to determine whether not defendant was pretending to have mental deficits. He also compiled information to assess the defendant score on a technique known as the psychopath the checklist.
The state called the doctor as a rebuttal witness in the guilt phase of the trial. The doctor said that the defendant tended to have mental deficiencies and emotional disorders. He said that he exhibited many traits of the psychopath. He said that the psychopath is a way of behaving and seen the world that is destructive to the individual in society. The doctor testified that psychopath is not recognized as a mental disorder on its own. According to the psychologist, the defendant’s testimony playing the shootings on his wife’s refusal to return his property was consistent with a psychopathic tendency to shirk responsibility for one’s own actions.
Tulsa criminal defense attorney Stephen Cale has handled numerous jury trials. This includes trials for misdemeanors and felonies, including murder. If you’re looking for aggressive representation, call the Cale law office at 918-277-4800. Attorney Stephen Cale has the right kind of experience because he focuses his practice on criminal defense.
Generally speaking, the prosecution does not need to give advance notice of the rebuttal witness. This is because it cannot know before trial what evidence will be relevant in rebuttal, said Tulsa criminal defense attorney Stephen Cale. The psychologist only interviews the defendant after the fence came notice that intended to present a defense based on his mental health. Defense counsel was present when the doctor interviewed the defendant. The defendant has access to so mental health experts to review the psychologist notes and testimonies. After the psychologist testified on direct examination, the trial court granted the defendant’s request for additional time to prepare for cross-examination.
The Oakland Court of Criminal Appeals next look to whether the trial court should of held a hearing on the reliability of the psychologist methods. In Dahlberg, the U. S. Supreme Court recognized that a trial court has a responsibility to assess the admissibility of novel scientific evidence. The court identified several factors which may aid the trial judges in determining whether expert evidence is scientifically valid and reliable enough to be admissible. The court stressed the list of relevant factors was not exhaustive. It also said that whether any of these factors mentioned were applicable can only be determined on a case-by-case basis. In essence, the court held that not all evidence deems scientific had to earn general acceptance in the scientific community before being admissible. However, all such evidence should bear some indicators of traditional scientific method. You need the best Tulsa criminal defense attorney for your case.
Tulsa Criminal Defense Attorney | Looking for the Best
The prosecution presented evidence that the defendant had physically and verbally abuse his wife for four years. The defendant claimed on appeal that this evidence should not have been admitted. The Oklahoma Court of Criminal Appeals disagreed. Evidence of other wrongs, crimes, or bad acts committed by the accused may be relevant to such issues as motive and intent, said Tulsa criminal defense attorney Stephen Cale. The fact that the last interest that the defendant inflicted upon his wife were nonfatal does not render that evidence of prior abuse any less relevant to his intentions. Evidence of the defendant’s prior threats of physical abuse toward his wife was relevant to show that his threats to kill another woman, her family, and her boss were not idle ones.
During the guilt phase, the prosecution introduced a number of color photographs of the shooting scene. Some of these photographs show the body of the boss from various angles and distances. The defendant objected to some of these photographs trial. He claimed that they were unduly prejudicial and/or cumulative. The defendant argued that some of the photographs of the bosses body should have been excluded because they were no dispute as to the cause of death for the location the wounds. The appellate court said there was nothing objectionable about these photographs. This is because the perfume and not particularly gruesome. Also, they did not mislead the jury as to the consequences of the defendant’s actions. Look for the best Tulsa criminal defense attorney for your case.
The defendant argued on appeal that the evidence was insufficient to convict him of the two charges. He also said that the state failed to prove the unoriginal doubt that he harbored a specific intent to kill the two people. The defendant contended that the evidence of his drug and alcohol intoxication, mental illness, and mental deficiency sufficiently raise reasonable doubt as to his ability to form such intent. However, the appellate court disagreed.
The defendant contended that the trial court’s jury instructions related to his defense were confusing and denied him a fair trial. The defendant offered evidence that low intelligence, mental illness, and drug and alcohol just intoxication gave him limited control over’s actions of the time the crimes. The goal of the defendant’s defense was to show that the time the shootings, can he could not have formed a specific intent to kill. He asked for and received a jury instruction on a lesser form of homicide. However, because the defendant had attempted showed that he was at least poor line Italy retarded, the trial court also instructed the jury that mental retardation was a complete defense if it rendered the accused incapable of doing the wrongfulness of the acts.
If you or someone you know been charged with a serious crime, call the Cale Law Office at 918-277-4800. Schedule your free initial consultation with attorney Stephen Cale. His practice focuses on criminal defense.