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Oklahoma (2004/2020)


Reed v. State (2016) 373 P.3d 118

The victim had injuries which suggested strangulation.

O’Brien v. Berry (2016) 370 P.3d 836

The victim sought an emergency protective order in tribal court which was declined and set for trial. The victim dismissed her request but refiled in civil court. The victim, a security officer, worked at a casino. She came home, and they got into an argument. The defendant threw her out of bed, dragged her to the bathroom, stop on her foot, put her in the shower, and choked her, causing bruising to her throat and chest. She left, called the police, moved out, and sought an emergency protective order and then a protective order.

The defendant was a police officer. He said the victim was taking medication, drinking heavily, and had poisoned herself. He claimed he was trying to save her. He said he called the sheriff’s department (not 911), but they didn’t send anyone. He never said there was a medical emergency. The defendant claimed that it didn’t happen, and if it did, she wasn’t physically harmed under the definition of domestic violence. Since he was trying to help her, he claimed he didn’t have the requisite intent required under the statute.

The court held that there was no need to show serious physical harm. It didn’t matter that the victim only received minor injuries. All that is needed is physical harm. The court stated the issue was not moot because the victim sought an emergency protective order in tribal court. No final determination was made.

Johnson v. State (2010) 250 P.3d 901

It was okay to introduce evidence of rape and strangulation from a prior case involving rape and strangulation.

 Turner v. State, 1990 OK CR 6, 786 P.2d 1251, 1253

Evidence that the defendant grabbed the victim in a “chokehold,” held a knife to her neck, and pulled her down the hallway justified finding the victim was confined for kidnapping.

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