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Hipp v. City of Tulsa

Hugh Nathaniel HIPP v. The CITY OF TULSA

Hipp v. City of Tulsa, 1984 OK CR 100, 692 P.2d 566
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Court
Court of Criminal Appeals of Oklahoma · State Appellate Courts
Decided
November 30, 1984
Docket
No. M-83-588
Judges
Bussey
Citations
692 P.2d 5661984 OK CR 1001984 Okla. Crim. App. LEXIS 212

Opinion of the Court — Bussey

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MEMORANDUM OPINION BUSSEY, Presiding Judge:

The appellant, Hugh Nathaniel Hipp, was convicted for Driving Under the Influence of Alcohol by a Tulsa Municipal Criminal Court jury, Case No. 368760, was sentenced to seventy-five (75) days in jail and a three hundred dollar ($300) fine, and he appeals.

We deem it unnecessary to set forth the facts of the case as it must be reversed and remanded for a new trial as the trial court erred in allowing the prosecutor to cross-examine the appellant as to his prior arrests.

While it might have been proper to inquire of the appellant relative to prior convictions in accord with 12 O.S.1981, § 2609, we are of the opinion that the “run-ins with the police before” testified to on direct examination by appellant did not invite or render admissible questions on cross-examination concerning his prior arrests as was done in the instant case. Inquiring into the appellant’s prior arrests improperly impeaches his credibility for the reason that not every arrest results in a conviction. See, Smith v. State, 581 P.2d 467 (Okl.Cr. 1978).

Accordingly, this case must be REVERSED and REMANDED for a new trial in accordance with the views expressed herein.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1988: 219882026peak 1988 · 2

Relies on it most ⓘ

  1. Jones v. State1988 OK CR 267, 764 P.2d 914
  2. McDonald v. State1988 OK CR 245, 764 P.2d 202

Most recent

  1. Jones v. State1988 OK CR 267, 764 P.2d 914
  2. McDonald v. State1988 OK CR 245, 764 P.2d 202

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 1

DepthCaseCited by
Smith v. State, 1978 OK CR 68, 581 P.2d 467 4

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