479 P.3d 534
Okla. Crim. App.2020Background:
- David Cochlin was convicted by a jury of two counts of second-degree (depraved-mind) murder for crashing into a pickup that killed two 19-year-olds; jury recommended life on each count and sentences were ordered concurrent.
- Key physical evidence: event-data recorder showed Cochlin's car at 149 MPH five seconds before the crash and 96 MPH at impact; car did not stop at the four-way stop; impact caused a fuel explosion that burned victims beyond recognition.
- Witness and medical evidence: multiple witnesses and responders detected slurred speech and alcohol odor; two blood tests showed high BACs (.33 from a hospital “rainbow draw” taken at 12:08 a.m.; .20 from a warrant blood drawn ~4:38 a.m.).
- Cochlin testified he was not drunk, set cruise control 40–45 MPH, his foot got stuck under the brake, and he did not see the truck in time; jury discredited this testimony.
- Procedural posture: appeal to Oklahoma Court of Criminal Appeals raising (1) sufficiency of evidence for depraved-mind murder and (2) erroneous admission of the hospital ("rainbow draw") BAC test; trial court denied suppression and admission occurred without contemporaneous objection (reviewed for plain error).
Issues:
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence for second-degree (depraved-mind) murder | State: evidence (extreme speed, intoxication, failure to stop) shows imminently dangerous conduct evincing a depraved mind | Cochlin: conduct was an accident (foot trapped, unexpected acceleration); evidence insufficient to show depraved mind | Affirmed. Under Jackson v. Virginia standard, viewed in State's favor the evidence (149 MPH, alcohol, running stop, minimal braking) supports depraved-mind murder. |
| Admissibility of hospital "rainbow draw" BAC (.33) taken under routine medical care, not per Board of Tests rules | State: hospital-drawn blood tested by accredited OSBI lab is competent evidence; 47 O.S. §757 permits non‑statutory samples to be considered; any defects go to weight, not admissibility | Cochlin: drawing/testing did not follow statutory/Board of Tests procedures; admission violated due process and should be suppressed | Affirmed. No plain error. Trial court may admit hospital samples under §757 and assess weight/credibility; prior inconsistent precedent overruled to permit such evidence. |
Key Cases Cited
- Jackson v. Virginia, 443 U.S. 307 (1979) (establishes standard for sufficiency-of-evidence review)
- Simpson v. State, 876 P.2d 690 (Okla. Crim. App. 1994) (plain-error test and remedy for unpreserved claims)
- State v. Hodges, 457 P.3d 1093 (Okla. Crim. App. 2020) (discusses admissibility of out-of-state law-enforcement blood testing under §757)
- Bench v. State, 431 P.3d 929 (Okla. Crim. App. 2018) (examples of depraved-mind scenarios)
- Easlick v. State, 90 P.3d 556 (Okla. Crim. App. 2004) (applies Jackson standard for sufficiency review)
- Spuehler v. State, 709 P.2d 202 (Okla. Crim. App. 1985) (early discussion of depraved-mind murder elements)