McCormick v. State

LUMPKIN, Vice-Presiding Judge:

concurring in results.

I concur in the results reached by the court and agree that 21 O.S.Supp.1987, § 701.9 requires a bifurcated trial only when the death penalty is sought by the State. However, I cannot join in an analysis of “heat of passion”, as it applies to Oklahoma statutes and jurisprudence when the discussion is supported only by federal caselaw interpreting federal statutes. The issue raised requires interpretation of Oklahoma statutes and prior decisions of this Court. While those decisions may embrace concepts which require analysis of federal constitutional law, we should not abdicate the responsibility or necessity to address independent State questions based on an interpretation of our State statutes.