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Date: 03-07-2024
Case Style:
Case Number: CF-22-206
Judge: Not Available
Court: District Court, Bryant County, Oklahoma
Plaintiff's Attorney: Bryan County Oklahoma District Attorney's Office
Defendant's Attorney: Daniel B. Pond - 405-708-4705
Description: Durant, Oklahoma criminal defense lawyer represented the Defendant charged with Second-Degree murder.
¶1 The State charged Appellee, Darren D. Bradford, in the District Court of Bryan County, Case No. CF-2022-206, with Murder in the Second Degree, in violation of 21 O.S.2021, § 701.8, or in the alternative, either Manslaughter in the First Degree, death caused by a person engaged in a misdemeanor, in violation of 21 O.S.2021, § 711(1), or Manslaughter in the First Degree, heat of passion, in violation of 21 O.S.2021, § 711(2).
¶2 Appellee filed a motion for immunity and request for hearing pursuant to 21 O.S.2021, § 1289.25(F)1 on the day of his preliminary hearing.2 Appellee also filed a motion to quash after being bound over for trial at preliminary hearing. Both matters came on for hearing before the Honorable Abby C. Rogers, Associate District Judge. After incorporating the transcript and exhibits from the preliminary hearing and the presentation of evidence, Judge Rogers found Appellee was entitled to immunity and granted Appellee's motion to quash. It is from this order the State appeals raising the following two propositions of error:
I. whether the trial court committed error in an abuse of discretion in finding that the Appellee seeking pre-trial immunity proved by a preponderance of the evidence that his use of deadly force was legally justified; and
II. whether, in granting the motion to quash, the trial court committed error in determining that the preliminary hearing magistrate improperly found probable cause to hold the Appellee for trial.
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https://www.oscn.net/applications/oscn/DeliverDocument.asp?CiteID=495275
Outcome: Defendant was found guilty.
Affirmed on appeal.
Plaintiff's Experts:
Defendant's Experts:
Comments: