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State v. Haliburton

Court of Criminal Appeals of Oklahoma

August 2, 2018

STATE OF OKLAHOMA, Appellant,
v.
BROOKE HALIBURTON, Appellee; STATE OF OKLAHOMA, Appellant,
v.
CLINT GOURLEY, Appellee; STATE OF OKLAHOMA, Appellant,
v.
JONATHAN KNIPE, Appellee.

          AN APPEAL FROM THE DISTRICT COURT OF ROGERS COUNTY THE HONORABLE ROBERT E. REAVIS, II, ASSOCIATE DISTRICT JUDGE

          APPEARANCES IN TRIAL COURT

          Zach Cabell Assistant District Attorney Rogers County COUNSEL FOR APPELLANT

          William R. Higgins Higgins Law, P.C. COUNSEL FOR HALIBURTON

          C. Noah Sears Price and Sears, P.C. COUNSEL FOR GOURLEY

          Jeffrey A. Price Price and Sears, P.C. COUNSEL FOR KNIPE

          APPEARANCES ON APPEAL

          Zach Cabell Assistant District Attorney Rogers County COUNSEL FOR APPELLANT

          William R. Higgins Higgins Law, P.C. COUNSEL FOR HALIBURTON

          C. Noah Sears Price and Sears, P.C. COUNSEL FOR GOURLEY

          Jeffrey A. Price Price and Sears, P.C. COUNSEL FOR KNIPE

          OPINION

          LEWIS, VICE PRESIDING JUDGE

         ¶1 The State of Oklahoma appeals to this Court, pursuant to this Court's Rule 6.1, from the order of a reviewing judge affirming an adverse ruling of the preliminary hearing magistrate in Case Nos. CF-2016-844, CF-2016-845 and CF-2016-846 in the District Court of Rogers County. See 22 O.S.2011, §§ 1089.1 -- 1089.7; Rule 6.1, Rules of the Oklahoma Court of Criminal Appeals, Title 22, Ch.18, App. (2018). The three cases are consolidated for the purpose of consideration on appeal.

         ¶2 On September 14, 2016, through September 16, 2016, the Rogers County Sheriff's Department conducted surveillance of the residence shared by Brooke Haliburton and Jonathan Knipe. The Honorable Stephen Pazzo, Associate District Judge, approved a search warrant for this residence on September 19, 2016. The Sheriff's Department executed the search warrant on September 19, 2016.

         ¶3 On October 4, 2016, Haliburton and Knipe were both charged with Count 1 -- Child Neglect, Count 2 -- Child Neglect, Count 3 -- Possession of CDS With Intent to Distribute Within 2000 Feet of a Park, Count 4 - Maintaining a Place for Keeping/Selling a Controlled Substance, Count 5 -- Unlawful Use of a Communication Facility, Count 6 -- Possession of a Controlled Dangerous Substance and Count 7- Unlawful Possession of Drug Paraphernalia in Rogers County District Court Case Nos. CF-2016-844 and CF-2016-846, respectively. On the same day Clint Gourley was charged with Count 1 -- Possession of Controlled Dangerous Substance Within 1000 Feet of a School or Park and Count 2 - Unlawful Possession of Drug Paraphernalia in Rogers County District Court Case No. CF-2016-845.

         ¶4 Prior to the preliminary hearing Haliburton and Knipe each filed a motion to suppress challenging the search warrant. [1] Gourley entered an oral Motion to Suppress during the preliminary hearing on August 2, 2017, also challenging the sufficiency of the search warrant. The preliminary hearing was conducted over a three-day period before the Honorable Terrell Crosson, Special Judge. [2] At the conclusion of this hearing Judge Crosson sustained the motions to suppress and dismissed the charges against Appellees. The State announced its intent to appeal pursuant to 22 O.S.2011, §§ 1089.1 -- 1089.7 and Rule 6.1, Rules of the Oklahoma Court of Criminal Appeals, Title 22, Ch.18, App. (2018).

         ¶5 The State's appeal was assigned by the Honorable Terry McBride, District Judge, to a reviewing judge, the Honorable Robert E. Reavis, II, Associate District Judge. [3]Id. Judge Reavis reviewed the relevant portions of the record and following an August 24, 2017, hearing, affirmed Judge Crosson's order sustaining Appellees' motions to suppress and dismissing the ...


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