BOSSE v. STATE
406 P.3d 26
Okla. Crim. App.2017Background
- Shaun Michael Bosse was convicted by a jury in McClain County of three counts of First Degree Murder and one count of First Degree Arson.
- Jury found aggravating factors on each murder: creation of great risk to multiple persons, heinous/atrocious/cruel, and commission to avoid/provide arrest or prosecution.
- Trial court sentenced Bosse to three death sentences (one for each murder) and 35 years plus a $25,000 fine for arson, to run consecutively.
- This Court previously affirmed Bosse’s convictions and sentences.
- Bosse filed a Petition for Rehearing claiming the Court’s opinion omitted part of its analysis on Proposition XV (cumulative error).
- The Court granted rehearing, clarified that it had found two harmless errors (Propositions VII and IX), reiterated that cumulative harmless errors did not warrant relief, denied the petition, and reissued its mandate.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Court overlooked decisive question in Proposition XV (cumulative error) | Bosse argued the opinion omitted analysis and cumulative errors required relief | State argued only harmless errors existed and cumulatively did not affect outcome | Petition for rehearing denied; errors found (Propositions VII and IX) were harmless beyond a reasonable doubt and cumulative error doctrine did not warrant relief |
| Whether mandate should be withdrawn and rehearing granted | Bosse sought rehearing because of the omission | State opposed reopening affirmance | Court withdrew prior mandate, granted rehearing procedurally, but denied substantive relief and reissued mandate |
| Whether an omitted portion of the Court's analysis materially changes disposition | Bosse contended omission was material | State maintained omission did not change harmless-error analysis or result | Court found omission pertained to explanation only; disposition unchanged |
| Applicability of cumulative-error doctrine | Bosse argued multiple errors together required reversal | State argued errors, considered together, did not affect verdict | Court applied Postelle: cumulative harmless errors do not require relief; denied Proposition XV |
Key Cases Cited
- Postelle v. State, 267 P.3d 114 (Okla. Crim. App. 2011) (cumulative-error doctrine: separately harmless errors do not require reversal if they do not affect the outcome)