BOSSE v. STATE
2017 OK CR 19
| Okla. Crim. App. | 2017Background
- Shaun Michael Bosse was convicted by jury of three counts of first-degree murder and one count of first-degree arson in McClain County, OK (Case No. CF-2010-213).
- Jury found aggravators for each murder: creation of great risk to more than one person, heinous/atrocious/cruel, and commission to avoid arrest/prosecution.
- Trial court sentenced Bosse to death on Counts I–III and 35 years plus a fine on Count IV, to run consecutively.
- This Court previously affirmed Bosse’s convictions and sentences in an earlier opinion (2017 OK CR 10).
- Bosse filed a Petition for Rehearing contending the Court’s resolution of Proposition XV omitted part of the analysis concerning cumulative error and overlooked that the Court had found errors in Proposition VII and Proposition IX.
- The Court withdrew its prior mandate, granted rehearing to address the omission, and denied relief—reaffirming that the identified errors were harmless beyond a reasonable doubt and that cumulative error did not require reversal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether omission in the Court’s opinion justifies rehearing | Bosse: Court overlooked part of its analysis on Proposition XV and cumulative error, warranting rehearing | State: No rehearing necessary because outcomes unaffected; errors were already addressed | Court GRANTED rehearing to correct omission but DENIED relief on the merits |
| Whether cumulative error requires reversal | Bosse: Multiple errors (Propositions VII and IX) together affected outcome | State: Errors, considered together, did not affect verdict or sentence | Court HELD cumulative error does not require relief because combined errors were harmless |
| Whether errors in Proposition VII and Proposition IX were harmless | Bosse: Errors individually or together prejudiced his rights | State: Each error was harmless beyond a reasonable doubt | Court HELD both errors were harmless beyond a reasonable doubt |
| Whether to reissue the mandate after rehearing | Bosse: Sought correction of record and relief | State: Requested affirmance and issuance of mandate | Court WITHDREW prior mandate, GRANTED rehearing, DENIED relief, and ORDERED issuance of mandate upon filing of this order |
Key Cases Cited
- Postelle v. State, 267 P.3d 114 (Okla. Crim. App. 2011) (cumulative-error doctrine and when multiple harmless errors require reversal)