Conover v. State, 933 P.2d 904 (Okla. Crim. App. 1997)

Cases | Conover v. State, 933 P.2d 904 (Okla. Crim. App. 1997) | 2018

The defendant was convicted of murder and sentenced to death after he and his co-defendant beat and stabbed a man to death in a ditch. On automatic appeal, the defendant raised many arguments, including that the trial court improperly: 1) admitted testimony concerning the victim's family members' characterizations and opinions about the crime, the defendant, and the appropriate sentence; 2) admitted victim impact evidence replete with hearsay; 3) instructed the jury on how to use victim impact testimony; and 4) denied the defendant the opportunity to cross-examine the victim's family. Because the appellate court remanded the case for resentencing on other grounds, it did not reach many of these arguments. However, it held that hearsay rules apply to victim impact testimony; “victim impact witnesses are to testify only to matters within their own personal knowledge.” The judgment was affirmed, the sentence of death was vacated, and the case was remanded for resentencing.