FISHER v. STATE

No. D-2005-460.

206 P.3d 607 (2009)

2009 OK CR 12

James T. FISHER, Appellant v. STATE of Oklahoma, Appellee.

Court of Criminal Appeals of Oklahoma.

March 25, 2009.


Attorney(s) appearing for the Case

John Albert, Mark A. Clayborne, Oklahoma City, OK, attorneys for defendant at trial.

Angela Marsee, Fern Smith, Assistant District Attorneys, Oklahoma City, OK, attorneys for the State at trial.

Janet Chesley, Traci Quick, Capital Direct Appeals Division, Oklahoma Indigent Defense System, Norman, OK, attorneys for appellant on appeal.

W.A. Drew Edmondson, Attorney General Of Oklahoma, Jennifer J. Dickson, Assistant Attorney General, Oklahoma City, OK, attorneys for the State on appeal.


OPINION

C. JOHNSON, Presiding Judge.

¶ 1 Appellant, James T. Fisher, was tried by a jury and convicted of one count of First Degree Murder in the District Court of Oklahoma County, Case No. CF 1983-137.1 The State filed a Bill of Particulars alleging two aggravating circumstances: (1) the murder was especially heinous, atrocious and cruel;2 and (2) the existence of a probability that the...

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