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PICKENS v. STATE

No. PCD-2002-983.

126 P.3d 612 (2005)

2005 OK CR 27

Darrin Lynn PICKENS, Appellant v. STATE of Oklahoma, Appellee.

Court of Criminal Appeals of Oklahoma.

December 7, 2005.

Attorney(s) appearing for the Case

Vicki Ruth Werneke, Chief, Capital Post-Conviction, O.I.D.S., Norman, OK, attorney for petitioner at trial and appeal.

Wyndi Thomas Hobbs, Appellate Defense Counsel, O.I.D.S., Norman, OK, attorney for petitioner at trial.

Michael Loeffler, Don I. Nelson, Asst. District Attorneys, Sapulpa, Oklahoma, attorneys for the State at trial.

OPINION GRANTING POST-CONVICTION RELIEF

AFTER REMAND FOR JURY DETERMINATION

ON ISSUE OF MENTAL RETARDATION

C. JOHNSON, J.

¶ 1 Petitioner, Darrin Lynn Pickens, was convicted by a jury in Creek County District Court, Case No. CF 1990-66, of First Degree Murder, while in the commission of Robbery with a Dangerous Weapon, in violation of 21 O.S.Supp.1989, § 701.7 (Count 1) and Feloniously Carrying a Firearm, in violation of 21 O...

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