Filgueras v. State, F-82-573
| Decision Date | 01 September 1983 |
| Docket Number | No. F-82-573,F-82-573 |
| Citation | 668 P.2d 1172 |
| Parties | Joseph Anthony FILGUERAS, Appellant, v. The STATE of Oklahoma, Appellee. |
| Court | United States State Court of Criminal Appeals of Oklahoma. Court of Criminal Appeals of Oklahoma |
Joseph Anthony Filgueras, appellant, was convicted of Robbery with a Dangerous Weapon, in Johnston County District Court, Case No. CRF-81-23, sentenced to seven (7) years' imprisonment, and he now appeals, raising three (3) assignments of error.
At approximately 1:00 p.m. on May 27, 1981, Violet Willard was inside her home when three men wearing nylon hose over their heads broke through the door. She was shot in the arm and tied up. The men ransacked the house, taking with them jewelry, silverware, and other property when they left. Mrs. Willard managed to free herself and call the sheriff at approximately 2:30 p.m. A subsequent investigation led to the arrest of the appellant, as well as Richard Placco and Fredrick Conclin, both of whom testified against the appellant at trial, and the arrest of his aunt, Betty Marquis.
In his first assignment of error, appellant argues that the trial judge erred by refusing to grant a change of venue. He complains that both pre-trial publicity concerning the crime and events occurring thereafter, including allegations of Mafia involvement made at the preliminary hearing, and that his family's involvement in two previous, highly publicized trials so biased the community against him that he was denied the benefit of an impartial jury.
The appellant, however, failed to comply with the procedure for change of venue set forth at 22 O.S.1981, § 561, in that his motion was not supported by the affidavits of at least three credible persons residing in the county. Thus, the motion not having been properly before the trial court, it is likewise not properly before this Court. See, Ake v. State, 663 P.2d 1, (Okl.Cr.1983), and cases cited therein. Moreover, we believe that the extensive voir dire examination allowed by the trial judge afforded the appellant ample time and opportunity to weed out unsatisfactory or biased jurors. Francis v. State, 555 P.2d 88 (Okl.Cr.1976). Appellant's argument is without merit.
Appellant next contends that it was reversible error for the trial judge to refuse to disqualify himself. Here, appellant alleges that Judge H. Leo Austin could not "serve as a completely neutral judge because of his participation in related cases." The rule in Oklahoma in both criminal and civil cases is that such a motion is...
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Stouffer v. State
...of that judge and this Court will not reverse the judge's decision absent a showing of abuse of that discretion. Filgueras v. State, 668 P.2d 1172 (Okl.Cr.1983); T.R.M. v. State, 596 P.2d 902 (Okl.Cr.1979); and, Lemmon v. State, 538 P.2d 596, 601 (Okl.Cr.1975). The party alleging an abuse o......
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Fletcher v. State
...warrant will be destroyed, moved or concealed before he may exercise his discretion to authorize a nighttime search. See Filgueras v. State, 668 P.2d 1172 (Okl.Cr.1983). In this case there is nothing in either affidavit to indicate that the property would be lost without a nighttime search.......
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Nguyen v. State, PC-90-632
...court, and absent a clear showing of abuse, this Court will not reverse the district judge's ruling on appeal. Filgueras v. State, 668 P.2d 1172, 1173 (Okl.Cr.1983). As was true in Filgueras, "appellant has failed to demonstrate any prejudice, and our examination of the record fails to reve......