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 (Case No. CF-2010-213).
- Jury made special findings: each murder knowingly created a great risk of death to more than one person, was heinous/atrocious/cruel, and was committed to avoid/ prevent lawful arrest or prosecution.
- Trial court sentenced Bosse to three death sentences (Counts I–III) and 35 years plus a $25,000 fine on Count IV, to run consecutively.
- This Court previously affirmed convictions and sentences in Bosse v. State, 2017 OK CR 10, 400 P.3d 834.
- Bosse filed a Petition for Rehearing claiming the Court’s opinion omitted part of its analysis on cumulative error; the Court had found errors in Proposition VII and IX but deemed them harmless beyond a reasonable doubt.
- The Court granted rehearing to correct the omission, denied substantive relief (finding errors harmless cumulatively), withdrew the earlier mandate, and reissued the mandate with this Order.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the Court overlooked a decisive question in its opinion (basis for rehearing) | Bosse argued the Court omitted part of its cumulative‑error analysis, warranting rehearing | State contended the omission was clerical/harmless and prior harmless‑error analysis stands | Court granted rehearing to correct the omission but ultimately denied relief; rehearing limited to correcting the record |
| Whether errors found in prior propositions (VII and IX) were reversible | Bosse argued the combined errors required reversal under cumulative‑error doctrine | State argued each error was harmless beyond a reasonable doubt and cumulatively did not affect outcome | Court reaffirmed both errors were harmless beyond a reasonable doubt; no relief granted under cumulative‑error rule |
| Whether cumulative error required reversal | Bosse argued multiple errors together affected trial fairness and outcome | State argued that because identified errors were harmless individually, cumulatively they did not change result (citing Postelle) | Court held cumulative error doctrine did not require relief where combined errors do not affect outcome; Proposition XV denied |
| Procedural effect on mandate | Bosse sought corrective action due to omission | State opposed substantive change to holdings or sentences | Court withdrew prior mandate, granted rehearing to correct omission, denied relief, and reissued the mandate |
Key Cases Cited
- Postelle v. State, 267 P.3d 114 (Okla. Crim. App. 2011) (cumulative‑error relief not required where combined errors do not affect outcome)
- Bosse v. State, 400 P.3d 834 (Okla. Crim. App. 2017) (earlier opinion affirming convictions and sentences; opinion corrected by this rehearing order)