Collins v. State

LUMPKIN, Judge:

concur in results.

¶1 While I agree that the proper result is reached in this case, I cannot join in the dicta resulting from the discussion of non-germane issues and the attempt to provide a mini law review article in the s. As I have previously noted in Cannon v. State, 1995 OK CR 45 (Lumpkin Concur in Results) 12, 904 P.2d 89, 108 (citing Wainwright v. Witt, 469 U.S. 412, 422, 105 S.Ct. 844, 851, 83 L.Ed.2d 841 (1985)), "while there are exceptions, statements in footnotes are generally regarded as dicta, having no precedential value". While the discussion of the evidence of prostitution is interesting, the bottom line is that the Oklahoma Rape Shield Law does not allow it and that in this case the denial did not deny Appellant any constitutional right. Based on that holding, I can join in the affirmance of the judgment and sentence in this case.