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Justia Daily Opinion Summaries

Oklahoma Supreme Court
July 1, 2020

Table of Contents

In the Matter of L.M.A.

Family Law

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Legal Analysis and Commentary

Should Acquittals Require Unanimity?

SHERRY F. COLB

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Cornell law professor Sherry F. Colb considers the policy question of whether, since the Constitution requires jury unanimity to convict a defendant of a serious crime, states should require a unanimous verdict to acquit a defendant, as well. Colb describes the reasons behind jury unanimity convictions and assesses whether they apply similarly to acquittals.

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Oklahoma Supreme Court Opinions

In the Matter of L.M.A.

Citation: 2020 OK 63

Opinion Date: June 30, 2020

Judge: James E. Edmondson

Areas of Law: Family Law

This case involved three children and a district court's judgment finding the children were deprived and father's parental rights should be terminated. The children were taken into emergency custody in 2016. The mother had been incarcerated, and the father shortly thereafter, for violation of the terms of his probation. DHS determined the home was "inadequate, dangerous, and unfit," and that the children were neglected. Their condition evinced developmental delay, lack of medical care, lack of hygiene, and lack of food. The children were removed from their home. Their mother voluntarily terminated her parental rights. The petition to terminate father's parental rights was based in part on his previous conviction for two counts of first-degree rape dating back to 2005. Father also had a previous Alaska conviction for sexual assault. After a jury trial, the children were adjudicated deprived by the court and the jury's verdict found two reasons for terminating father's parental rights. Father appealed the judgment and the Oklahoma Supreme Court retained the appeal. After review, the Supreme Court held the evidence was sufficient for the adjudication of deprived status and termination of father's parental rights. Accordingly, the Court upheld the district court's judgment.

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