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Spruill v. State

Court of Criminal Appeals of Oklahoma

July 19, 2018

ETHAN JOHNSON SPRUILL, Appellant
v.
STATE OF OKLAHOMA, Appellee.

          AN APPEAL FROM THE DISTRICT COURT OF CLEVELAND COUNTY THE HONORABLE TRACY SCHUMACHER, DISTRICT JUDGE

         APPEARANCES AT TRIAL

          MACK K. MARTIN AMBER B. MARTIN MARTIN LAW OFFICE COUNSEL FOR DEFENDANT

          DAVID STOCKWELL ATTORNEY AT LAW COUNSEL FOR DEFENDANT

          JOHN PEVEHOUSE ZACHARY SIMMONS ASSISTANT DISTRICT ATTORNEYS 201 SOUTH JONES, SUITE COUNSEL FOR THE STATE

         APPEARANCES ON APPEAL

          MACK K. MARTIN AMBER B. MARTIN MARTIN LAW OFFICE COUNSEL FOR APPELLANT

          MIKE HUNTER OKLAHOMA ATTORNEY GENERAL THEODORE M. PEEPER ASSISTANT ATTORNEY GENERAL COUNSEL FOR APPELLEE

          SUMMARY OPINION

          HUDSON, JUDGE

         ¶1 Appellant, Ethan Johnson Spruill, was tried by a jury and convicted in Cleveland County District Court, Case No. CF-2014-322, of First Degree Manslaughter, in violation of 21 O.S.2011, § 711 (2). [1] The jury recommended as punishment twenty-three (23) years imprisonment. The Honorable Tracy Schumacher, District Judge, sentenced Spruill in accordance with the jury's verdict. [2] Spruill now appeals. He raises the following propositions of error on appeal:

I. APPELLANT WAS DENIED HIS CONSTITUTIONAL PROTECTIONS AGAINST SELF-INCRIMINATION THROUGH A DELIBERATE EFFORT BY LAW ENFORCEMENT TO OBTAIN AND RECORD INCRIMINATING STATEMENTS FROM AN INTOXICATED, UNSOPHISTICATED SUSPECT, IN VIOLATION OF THE FEDERAL AND STATE CONSTITUTIONS;
II. THE STATE FAILED TO PROVE BEYOND A REASONABLE DOUBT THAT APPELLANT WAS NOT ACTING IN SELF-DEFENSE AT THE TIME HE SHOT AND KILLED AARON MCCRAY, MAKING THE EVIDENCE INSUFFICIENT TO SUPPORT HIS CONVICTION; and
III. THE TRIAL COURT ERRED IN REFUSING TO PERMIT DEFENSE USE-OF-FORCE EXPERT TESTIMONY TO AID AND ASSIST THE JURY IN ITS DETERMINATION OF WHETHER APPELLANT WAS ACTING IN SELF-DEFENSE IN THE SHOOTING INCIDENT.

         ¶2 After thorough consideration of the entire record before us on appeal, including the original record, transcripts, exhibits and the parties' briefs, we find that no relief is required under the law and ...


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