BOSSE v. STATE
2017 OK CR 19
| Okla. Crim. App. | 2017Background
- Shaun Michael Bosse was convicted by a jury of three counts of First Degree Murder and one count of First Degree Arson in McClain County Case No. CF-2010-213.
- For each murder count the jury found aggravators: knowing creation of a great risk of death to more than one person, heinous/atrocious/cruel, and commission to avoid lawful arrest or prosecution.
- The trial court sentenced Bosse to death on the three murder counts and 35 years plus a fine on the arson count, consecutive.
- This Court previously affirmed Bosse’s convictions and sentences in an opinion (2017 OK CR 10).
- Bosse filed a Petition for Rehearing asserting the Court’s resolution of his cumulative-error claim (Proposition XV) omitted part of the Court’s analysis and pointing to errors the Court had found elsewhere in the opinion.
- The Court withdrew its May 25, 2017 mandate, granted rehearing limited to the omission, clarified that two prior errors (Propositions VII and IX) were found but were harmless beyond a reasonable doubt, denied relief, and reissued the mandate.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the Court overlooked a portion of its analysis in addressing cumulative error | Bosse: the Court omitted analysis relevant to Proposition XV and cumulative-error assessment | State: the Court’s overall conclusion was correct; omission was clerical/harmless | Court granted rehearing to correct omission but denied relief; cumulative-error claim rejected |
| Whether multiple identified errors (Propositions VII and IX) require reversal as cumulative error | Bosse: combined errors warrant relief | State: the errors, considered together, do not change the outcome | Court held errors were harmless beyond a reasonable doubt; cumulative error does not require relief |
| Whether the Court should withdraw and reissue its mandate to address the omission | Bosse: requested rehearing and correction | State: did not oppose corrective action; maintained affirmance | Court withdrew prior mandate, granted rehearing, denied relief, and ordered new mandate issued |
| Whether the Petition for Rehearing met Rule 3.14 standards (overlooked decisive question or conflict with controlling authority) | Bosse: an overlooked portion of the Court’s own analysis justified rehearing | State: rehearing unnecessary to alter result | Court found rehearing appropriate to correct omission but found no basis to change the judgment; Petition denied on merits |
Key Cases Cited
- Postelle v. State, 267 P.3d 114 (Okla. Crim. App. 2011) (cumulative-error doctrine does not require relief where combined errors do not affect the outcome)