Staff, Author at OCCA Opinions

F-2016-843

Post author:Staff
Post published:December 14, 2017
Post category:F

**IN THE COURT OF CRIMINAL APPEALS OF THE STATE OF OKLAHOMA** **DAVID RUBLE, II,** **Appellant,** **VS.** **THE STATE OF OKLAHOMA,** **Appellee.** **No. F-2016-843** **FILED DEC 14 2017** **SUMMARY OPINION** *KUEHN, JUDGE:* David Ruble II was tried by jury and convicted of Count I, Felony Murder with the predicate Attempted Robbery by Firearm in violation of 21 O.S.2011, § 701.7; and Count III, Conspiracy to Commit Robbery with a Firearm in violation of 21 O.S.2011, § 421, in the District Court of Tulsa County, Case No. CF-2014-2691. Following the jury's recommendation, the Honorable William D. LaFortune sentenced Ruble to life imprisonment (Count I) and ten (10) years imprisonment (Count III), to run consecutively. Ruble appeals from these convictions and sentences. Ruble raises five propositions of error in support of his appeal: I. The trial court's erroneous rulings on challenges for cause deprived Appellant of his full complement of peremptory challenges to use at his discretion and prevented his ability to remove objectionable jurors. II. The cumulative effect of prosecutorial misconduct constituted plain error and deprived Appellant of a fair trial. III. The trial judge erred in not instructing the jury on lesser offenses. IV. Mr. Ruble was deprived of the effective assistance of counsel. V. The accumulation of errors deprived Mr. Ruble of a fair trial and the due process of law secured to him. **DECISION:** After thorough consideration of the entire record, we deny Ruble's propositions of error. 1. **Proposition I:** The trial court did not abuse its discretion in denying Ruble's challenges for cause. The record does not support that the jurors were biased, nor was there a showing that trial counsel properly preserved this issue. 2. **Proposition II:** Ruble's claims of prosecutorial misconduct were not substantiated. Many of his complaints were unobjected to and reviewed for plain error, which was not found. 3. **Proposition III:** There was no error in failing to instruct the jury on lesser included offenses, as Ruble's defense was that he was not involved in the crime. 4. **Proposition IV:** Trial counsel's performance was not deficient. Ruble did not demonstrate that he was prejudiced by counsel's actions. 5. **Proposition V:** With no fundamental error established, the claim of cumulative error fails. The Judgment and Sentence of the District Court of Tulsa County is AFFIRMED. **MANDATE:** Ordered issued upon the delivery and filing of this decision. **ATTORNEYS AT TRIAL:** Michael Manning 624 South Denver, Ste. 201 Tulsa, OK 74119 **ATTORNEYS ON APPEAL:** Rhiannon Sisk Homicide Direct Appeals Div. Oklahoma Indigent Defense System P.O. Box 926 Norman, OK 73070 **COUNSEL FOR THE STATE:** Becky Johnson Mike Hunter Benjamin Fu 500 S. Denver, Ste. 900 Tulsa, OK 74103 **OPINION BY:** KUEHN, J.; LUMPKIN, P.J., CONCUR IN RESULTS; LEWIS, V.P.J., CONCUR; HUDSON, J., CONCUR; ROWLAND, J., CONCUR. **[Download PDF](https://opinions.wirthlawoffice.com/wp-content/uploads/F-2016-843_1734264868.pdf)**

C-2017-271

Post author:Staff
Post published:December 14, 2017
Post category:C

**IN THE COURT OF CRIMINAL APPEALS OF THE STATE OF OKLAHOMA** **JUSTON DEAN COX,** *Petitioner,* **v.** **STATE OF OKLAHOMA,** *Respondent.* **FILED** *DEC 14 2017* **SUMMARY OPINION GRANTING CERTIORARI IN PART AND REMANDING THE CASE TO THE DISTRICT COURT FOR APPOINTMENT OF COUNSEL** **LUMPKIN, PRESIDING JUDGE:** Petitioner Juston Dean Cox was charged in the District Court of McIntosh County on August 23, 2005, with Knowingly Concealing Stolen Property, After Former Conviction of Two or More Felonies (Case No. CF-2005-152A). An Amended Information filed on November 28, 2005, added ten additional counts of Knowingly Concealing Stolen Property. Petitioner was bound over for trial on five counts after the Preliminary Hearing on November 30, 2005, and trial was set for April 17, 2006. Subsequently, charges were filed against Petitioner for Escape from a County Jail and Destruction of a Public Building (Case No. CF-2005-172A) on September 19, 2005, followed by additional charges for Escape from a Penal Institution on January 5, 2006 (Case No. CF-2006-04) and January 26, 2006 (Case No. CF-2006-14). On January 26, 2006, Petitioner entered into negotiated guilty pleas for all four cases, resulting in concurrent sentences of thirty years. On February 6, 2006, Petitioner filed a request to withdraw his plea. A hearing was held on March 23, 2006, where the trial court denied his request. Petitioner filed Applications for Post-Conviction Relief on August 13, 2014, and June 9, 2016, leading to a hearing on December 1, 2016, where the trial court recommended allowing Petitioner an appeal out of time. This Court granted that request on January 6, 2017, and appointed counsel to represent the Petitioner. At the March 9, 2017, hearing to discuss the motion to withdraw, it was established that counsel had not prepared a formal motion for withdrawal. Petitioner was not actively represented during this critical hearing, as his plea counsel took no part in the proceedings despite being present. The court did not adequately address the lack of representation or question Petitioner regarding his rights to counsel. A criminal defendant is entitled to effective assistance of counsel at a motion to withdraw hearing (Carey v. State, 1995 OK CR 55). The court's failure to appoint conflict-free counsel and its allowance for Petitioner to proceed without adequate representation constituted a violation of his constitutional rights. Given that Petitioner raised claims regarding the voluntariness of his plea, the harmless error doctrine does not apply. Accordingly, we find marginal grounds to question the diligence of prior representations and affirm that this situation merits careful reconsideration. **DECISION** Certiorari is granted in part. The order of the district court denying Petitioner's motion to withdraw his guilty plea is *REVERSED* and the case is remanded to the District Court for *APPOINTMENT OF COUNSEL* to evaluate whether to further pursue the withdrawal of the guilty pleas. *MANDATE to be issued upon delivery and filing of this decision.* **APPEARANCES IN DISTRICT COURT** **COUNSEL FOR PETITIONER:** Ariel Parry **COUNSEL FOR THE STATE:** Thomas C. Giulioni, Mike Hunter (Attorney General), O.R. Barris III, Gregory Stidham (Assistant District Attorneys), Jay Schniederjan (Assistant Attorney General) *OPINION BY: LUMPKIN, P.J. LEWIS, V.P.J.: Concur in Results HUDSON, J.: Concur KUEHN, J.: Concur ROWLAND, J.: Concur* [Click Here To Download PDF](https://opinions.wirthlawoffice.com/wp-content/uploads/C-2017-271_1733992184.pdf)

C-2016-877

Post author:Staff
Post published:December 7, 2017
Post category:C

In OCCA case No. C-2016-877, Charles David Miller appealed his conviction for multiple charges including stalking and possession of a firearm during a felony. In an unpublished decision, the court decided to grant Miller’s petition in part. The court affirmed the judgments and sentences for some counts but reversed the sentence for Count 1 and dismissed Count 4 due to double punishment concerns. One judge dissented. The case began when Miller, facing serious charges, entered a guilty plea in December 2014, agreeing to certain terms. He was originally given deferred sentences, meaning he would not serve time in prison if he followed the terms of his probation. However, after a hearing in 2015, the court ruled to impose a harsher sentence because Miller did not comply with the terms, leading to his appeal. Throughout the appeal, Miller argued that his guilty plea should be withdrawn for several reasons. He claimed there was no factual reason for his plea, that he was not made aware of his rights, and expressed concerns about double punishment as well as the effectiveness of his lawyer. The court reviewed the details and concluded that Miller had not shown enough grounds for his claims because some issues were not raised earlier in court, making them not eligible for review. The court particularly focused on whether Miller's plea was voluntary and if he was properly informed. They found that while Miller's plea might have been motivated by a desire to get his car back, he did understand the consequences of his actions. The court upheld the judgment for some counts, but it noted that the sentence for Count 1 was illegal because it exceeded the maximum allowed by law. As a result, they ordered a new sentencing for that count and dismissed Count 4 entirely because of double punishment. In summary, the main points were that Miller wanted to reverse his guilty plea but the court found many of his arguments unsubstantiated. They decided to change his sentence on one charge while dismissing another, affirming the result on several others.

F-2015-937

Post author:Staff
Post published:December 7, 2017
Post category:F

In OCCA case No. F-2015-937, Isaiah Jamil Walker appealed his conviction for first-degree felony murder, robbery, burglary, and possession of a firearm. In an unpublished decision, the court decided to affirm his convictions for first-degree felony murder, robbery, and possession of a firearm, but reversed the burglary conviction with instructions to dismiss. One member dissented. The case involved a jury trial where Walker was convicted of serious crimes after the jury found him guilty of all charges against him. The jury recommended severe penalties, including life imprisonment for the murder charge and additional years for the other charges. Walker raised multiple issues on appeal, claiming that the evidence was not strong enough to support his convictions and that his rights were violated during the trial. The court reviewed each of Walker's arguments carefully. It found that there was enough evidence to support his conviction for felony murder because the facts of the case showed he committed a burglary that led to the murder. They also believed the testimony from witnesses was sufficient to corroborate the co-defendants' accounts of the crimes. However, the court agreed with Walker's argument regarding double jeopardy. Since his felony murder charge was based on the burglary charge, convicting him of both was legally incorrect. Therefore, the burglary conviction was reversed and dismissed. In terms of the other claims Walker made, the court denied them, explaining that the trial was conducted fairly and following legal standards. The court mentioned that for some issues, like failing to instruct the jury on lesser offenses, Walker had not requested those instructions at his trial, so he could not raise that problem on appeal. Overall, the court concluded that most of Walker's convictions were valid and decided to uphold them while correcting the double jeopardy issue by dismissing the burglary charge.

F-2016-997

Post author:Staff
Post published:December 2, 2017
Post category:F

In the case of Jimmie Lee Lovell, the Oklahoma Court of Criminal Appeals reviewed his convictions for First Degree Manslaughter and Driving Under the Influence. Lovell challenged the trial court's denial of his motion to suppress blood test results, arguing he was not given an opportunity for independent testing as required by statute. The court affirmed the trial court's decision, finding no abuse of discretion, since Lovell did not request a sample for independent testing during the proper timeframe. Additionally, Lovell argued that the jury’s verdicts—guilty of First Degree Manslaughter and not guilty of Negligent Homicide—were inconsistent. The appeals court found that no objection had been raised regarding the verdict at trial, and therefore reviewed for plain error, concluding there was no actual error affecting his rights, as the jury’s intent was clear. The court noted a variance between the jury’s recommended punishment in Count II (Ten days and a $1,000 fine) and the subsequent sentence (one year in jail). The case was remanded for correction of this discrepancy. Overall, the court affirmed the judgment and sentence in Count I, affirmed the judgment in Count II, and ordered the trial court to correct the Judgment and Sentence in Count II in accordance with the jury's recommendation.

F-2016-229

Post author:Staff
Post published:November 16, 2017
Post category:F

In OCCA case No. F-2016-229, Marcus Stephon Miller appealed his conviction for murder and possession of a firearm. In an unpublished decision, the court decided to affirm his conviction for possession of a firearm but vacated and remanded his convictions for second-degree murder for resentencing. One judge dissented from the decision to remand for resentencing. Miller was charged with two counts of first-degree murder and one count of possession of a firearm while under supervision. A jury convicted him of lesser charges of second-degree murder for the first two counts and of possession of a firearm for the third count. Miller received sentences of 25 years for each murder count and 5 years for the firearm count, with the sentences scheduled to run one after the other. Miller argued that errors were made during his trial. He claimed that the trial court did not follow the right procedures for splitting his trial into stages, which affected his right to a fair trial. He pointed out that the jury was not properly instructed and that misconduct happened from the prosecution's side. He also believed his lawyer did not help him enough during the trial and that the judge wrongly refused to give him credit for time served in jail before sentencing. After looking over the case, the court found that while the trial had some mistakes, they didn’t actually hurt Miller's case enough to impact the verdict for the possession charge. However, they agreed that the trial court made a significant mistake in how it handled sentencing for the murder counts, mainly because it allowed the jury to consider his previous convictions when they should not have. The court decided that the sentencing for the second-degree murders had to be thrown out and that Miller would need to be resentenced, but his conviction for possession would stay. In dissent, one judge noted that the errors made during trial did not affect Miller's rights since he received a relatively lenient sentence given the seriousness of the crimes he was convicted for. The judge believed that the mistakes did not warrant a new sentencing for the murder counts because the nature of the charges and the consequences indicated that the overall outcome would not change. In conclusion, while Miller's appeal was partly successful, with the court affirming his conviction on one count and ordering a new sentencing for the other two, the dissenting opinion felt that the original sentencing should stand.

C-2016-1000

Post author:Staff
Post published:November 2, 2017
Post category:C

In OCCA case No. C-2016-1000, Bryan Keith Fletcher appealed his conviction for multiple charges including kidnapping, assault with a deadly weapon, rape, and child abuse. In an unpublished decision, the court decided to grant part of his appeal regarding one misdemeanor charge while denying all other claims. The court modified the sentence for the misdemeanor related to threatening violence to six months in jail but affirmed the sentences for all other counts, which resulted in a significant time in prison. The petitioner argued several points, including that he did not receive effective legal help, that he was not competent when he entered his plea, and that his plea was not voluntary. However, the court reviewed these claims and found that they did not hold up under scrutiny. The judges opined that the actions taken during the plea process were appropriate and upheld the ruling on the grounds that there was no evidence of ineffective assistance or invalid plea. One judge disagreed with some aspects of the decision.

F-2015-909

Post author:Staff
Post published:October 19, 2017
Post category:F

In OCCA case No. F-2015-909, Ricky Nolan Ennis appealed his conviction for multiple offenses. In a published decision, the court decided to affirm the convictions but vacated the restitution order and remanded the case for a proper determination of the victim's loss. Ricky Nolan Ennis pled guilty to burglary and domestic assault and battery, with sentencing delayed so he could complete a rehabilitation program. After he completed the program, the court agreed to delay his sentencing for five years. However, later on, the State alleged he violated his probation by committing new crimes. He was tried by jury for these new charges and found not guilty of kidnapping but guilty of assault and battery with a dangerous weapon, assault and battery in the presence of a minor, and threatening violence. The jury recommended various sentences, which the judge followed along with increasing his sentences from the earlier cases due to probation violations. Ennis raised several arguments in his appeal, questioning whether he was properly advised about his right to appeal, claiming he did not plead to the new charges, and arguing that the trial judge considered irrelevant information and that the evidence against him was unfairly prejudicial. Ennis also claimed his attorney did not represent him effectively, that the prosecutor misbehaved, and that the sentences he received were excessive. After a thorough review, the court found Ennis's complaints about not being advised on the right to appeal and other issues did not warrant relief. They noted that he did not raise many of these issues in a timely manner and that most of his claims did not show he was denied a fair trial. However, the court did find an error in how restitution was determined, as there was not enough evidence to justify the amount ordered. Ultimately, the court’s decision affirmed Ennis’s convictions but also required the case to return to the lower court to correctly handle the victim's restitution claim.

F-2016-562

Post author:Staff
Post published:October 12, 2017
Post category:F

In OCCA case No. F-2016-562, Kadrian Daniels appealed his conviction for Robbery with a Firearm and Possession of a Firearm After Former Conviction of a Felony. In an unpublished decision, the court decided to affirm the judgment and sentence of the district court, except that the fine imposed on the Possession count was vacated. One judge dissented. Daniels was found guilty by a jury and received a thirty-year sentence for the robbery and an additional eight years and a $10,000 fine for the illegal firearm possession. Daniels raised several concerns on appeal. He argued that the trial court made mistakes that affected his right to a fair trial. First, Daniels objected to a question asked by the prosecutor to a detective about the number of robberies that happened in Tulsa during the past year. He felt that this question could alarm the jury. However, the court decided that the question was allowed because it was relevant to the case and didn’t unfairly sway the jury. Next, Daniels claimed that the prosecutor behaved improperly during the closing arguments, which made his trial unfair. Some of the comments made by the prosecutor were challenged, but the court ruled that those comments were acceptable and did not harm the fairness of the trial. Additionally, Daniels complained about the jury being instructed that a $10,000 fine was mandatory if they convicted him of the firearm charge. Since Daniels’ lawyer did not object to this instruction during the trial, the court reviewed this issue only for plain error. The court found that the instruction was incorrect because the law does not require such a fine. This error was significant enough that the court decided to remove the fine. Moreover, Daniels argued that his attorney did not provide effective help during the trial, especially for not calling out the errors made by the prosecution or the judge. The court considered this but concluded that the issues raised by Daniels were not serious enough to have changed the outcome of the trial. The final decision affirmed the conviction but removed the unnecessary fine, ensuring that the legal process remained fair despite the mistakes noted during the trial.

F-2016-696

Post author:Staff
Post published:September 21, 2017
Post category:F

In OCCA case No. F-2016-696, Mesfun appealed his conviction for driving under the influence of alcohol, transporting an open container of liquor, driving without a license, and driving left of center. In a published decision, the court decided to modify the sentence on one count and affirmed the rest of the judgment. One justice dissented. Mesfun was found guilty of multiple offenses in Tulsa County District Court. The charges included driving drunk, having an open container of alcohol while driving, not having a driver's license, and driving in the wrong lane. He received a long sentence, including years in prison and fines, to be served one after the other. Mesfun's appeal included three main points. First, he argued that the jury was wrongly told how much punishment they could give him for transporting an open container of liquor. The court agreed with him on this point and changed that sentence to a shorter jail time and fine. Second, Mesfun claimed that the prosecutor acted unfairly during the trial, which hurt his chances of a fair trial. However, the court found that the prosecutor's comments were allowed and did not harm Mesfun's case. Third, he said that his lawyer did not do a good job to help him. The court looked at this claim and said that his lawyer's actions did not affect the trial's outcome, so this point was also denied. Overall, the court modified one part of his sentence but upheld the rest of the decision from the trial court.

S-2016-1142

Post author:Staff
Post published:September 14, 2017
Post category:S

In OCCA case No. S-2016-1142, Cody Ray Lord appealed his conviction for Driving a Motor Vehicle Under the Influence of Drugs. In a published decision, the court decided to affirm the trial court's decision to suppress the blood test results. The trial court found that Lord was not capable of giving consent due to the effects of morphine he had received, which hindered his ability to make a decision regarding the blood test. The State had claimed there was no proof that Lord was unconscious and argued that the burden of proof should be on Lord, but the court found that sufficient evidence supported the trial court's conclusions. One judge dissented.

C-2017-104

Post author:Staff
Post published:August 31, 2017
Post category:C

In OCCA case No. C-2017-104, McLaughlin appealed his conviction for burglary and unlawful use of a police scanner. In an unpublished decision, the court decided to affirm the sentences for burglary and unlawful use of a police scanner but reversed the sentence for possession of burglary tools. One judge dissented. McLaughlin had pleaded no contest to charges of burglary in the second degree and unlawful use of a police scanner in a district court. At sentencing, he received life imprisonment for each of those counts, along with a fine for the second count. However, there was an additional charge for possession of burglary tools that had been dismissed earlier, but the court sentenced him for that count as well. McLaughlin wanted to withdraw his no contest plea later, but his request was denied. He filed for an appeal to challenge that denial, which was allowed to proceed. He raised three main arguments: one regarding the court's authority to sentence him for the dismissed charge, another about failing to bring him to trial on time, and the last about the severity of his life sentences being excessive. The court found that it was wrong for the district court to impose a sentence on the dismissed possession charge, and so it directed that judgment to be vacated. However, it ruled that McLaughlin had missed his chance to challenge the timing of his trial. The court also determined that his life sentences were not shockingly excessive, thus they would not be disturbed. In summary, McLaughlin's appeal was granted in part and denied in part: the decision on the burglary and police scanner charges stood, but the judgment on the possession of burglary tools was reversed, and the case was sent back to the lower court for corrections.

F-2016-179

Post author:Staff
Post published:August 17, 2017
Post category:F

In OCCA case No. F-2016-179, John Stanton Lewis appealed his conviction for possession of a controlled dangerous substance and other related offenses. In an unpublished decision, the court decided to affirm Lewis's convictions for three counts and modify his conviction for one count from a felony to a misdemeanor, resulting in a shorter sentence. One judge dissented. Lewis was convicted in a district court for several counts involving drugs and a firearm. The jury sentenced him to different terms, including 15 years for possession of methamphetamine after previous felonies, 2 years for firearm possession, 4 years for marijuana possession, and 90 days for drug paraphernalia. The court made these sentences consecutive and gave him credit for time served. Lewis raised four main arguments on appeal: 1. **Illegal Search**: He argued that evidence against him should not have been used because it was obtained through an illegal search. The court found that the initial entry into his mobile home by law enforcement was legal since it was during a fire incident and they were investigating. Therefore, this argument was denied. 2. **Jury Instructions**: Lewis contended that the jury was not properly instructed on the possible punishments for his offenses, particularly about the enhancement of his charges due to prior convictions. The court agreed that there was a plain error concerning the instruction for the marijuana possession charge, modifying it to reflect a misdemeanor instead of a felony. His sentence for that charge was reduced from four years to one year. 3. **Evidence for Firearm Charge**: He claimed the evidence was insufficient to convict him for possession of a firearm because the state did not prove the firearm he had was capable of firing. The court found that it is not necessary to prove whether the gun could fire for a conviction under the law, so this argument was denied. 4. **Ineffective Counsel**: Lewis argued that his lawyer did not do a good job representing him. The court noted that proving ineffective counsel requires showing that the lawyer's mistakes affected the outcome of the trial. Lewis couldn't prove his lawyer was ineffective in this case because the range of punishment given was correct, and therefore, this claim was denied. Ultimately, the court affirmed the convictions for several charges, but modified the marijuana possession conviction to reflect a misdemeanor resulting in a shorter sentence. The judgments overall were mostly upheld.

F-2016-549

Post author:Staff
Post published:August 10, 2017
Post category:F

In OCCA case No. F-2016-549, Jerome Deshone Hopkins appealed his conviction for Placing Bodily Fluid on a Government Employee. In an unpublished decision, the court decided to reverse the conviction and remand for a new trial. One judge dissented. Jerome deshone Hopkins was found guilty by a jury for a crime related to putting bodily fluid on a government employee. This happened in the District Court of Muskogee County. The jury said he should go to prison for ten years, and the court agreed to give him credit for time he already served. Hopkins didn't think the trial was fair, and he told the court why. He raised several reasons for his appeal. First, he believed the trial court didn’t help him understand how to represent himself. Second, he said there were irrelevant details brought up during the trial that hurt his chances of a fair decision. Third, he mentioned that some actions by the prosecutors were unfair and made the trial unjust for him. He also claimed that mentioning his past felonies using suspended sentences made it harder for him to have a fair trial. Additionally, Hopkins felt that wearing shorts made jurors see him in an unfavorable light, and that being restrained in court was also unfair because it could sway the jurors' opinions of him. He said he wasn’t allowed to have good representation during the trial and believed all these factors together made the trial unfair. The court looked carefully at everything that happened. They found that the trial judge didn’t properly explain to Hopkins what self-representation meant. The court agreed that there should have been a clear warning about the risks of representing oneself without a lawyer. Also, they acknowledged that Hopkins was restrained in a way that was visible to jurors, which could affect how they viewed him. Given these issues, the court decided that Hopkins’s conviction should not stand and that he should have a new trial with proper legal counsel or a better understanding of representing himself if he chooses to do so. The court emphasized that the mistakes made could not be brushed aside as harmless because the right to legal representation is very crucial in ensuring a fair trial.

M-2016-108

Post author:Staff
Post published:August 10, 2017
Post category:M

In OCCA case No. M-2016-108, Marty Spence Duncan appealed his conviction for Domestic Abuse - Assault and Battery and Assault. In a published decision, the court decided to reverse Duncan's judgment and sentence and remand for a new trial because the record did not show that he had waived his right to a jury trial. One judge dissented.

M-2016-483

Post author:Staff
Post published:August 3, 2017
Post category:M

In OCCA case No. M-2016-483, Kermit Lee Brannon, Jr. appealed his conviction for Driving a Motor Vehicle While Under the Influence of Drugs and Unsafe Lane Use. In an unpublished decision, the court decided to affirm the conviction for Driving Under the Influence of Drugs but reversed the Unsafe Lane Use conviction due to insufficient evidence. One member of the court dissented. Kermit Lee Brannon, Jr. was found guilty by a jury for two misdemeanors: driving while under the influence of drugs and unsafe lane use. He was sentenced to one year in jail and a fine for the first charge, and ten days in jail and a fine for the second charge. The sentences were meant to run one after the other. Brannon appealed his convictions, claiming that he was unfairly punished twice for the same incident, that the evidence didn't support his lane change conviction, that his sentence was too harsh, and that his lawyer didn't represent him well. The appeals court looked closely at what happened in the case and agreed with Brannon on the second charge. They found that there was not enough proof that he changed lanes without signaling or ensuring that it was safe to do so. Because of this, the court said they needed to cancel Brannon's Unsafe Lane Use conviction and send that part of the case back to be dismissed. Although they agreed with him on one point, Brannon's claims that he was unfairly punished multiple times and that he got a bad deal from his lawyer were not considered because they were connected to the Unsafe Lane Use conviction, which was overturned. The court also looked at the length of Brannon's sentences and decided that, given his past problems with drug charges, the punishment they gave him for driving under the influence was appropriate and not too harsh. In the end, the court decided to keep the conviction for Driving While Under the Influence and reversed the Unsafe Lane Use conviction, instructing the lower court to dismiss that charge.

F-2015-963

Post author:Staff
Post published:July 13, 2017
Post category:F

In OCCA case No. F-2015-963, Daniel Bryan Kelley appealed his conviction for Rape by Instrumentation and Assault and Battery. In an unpublished decision, the court decided to affirm the conviction for Assault and Battery but reversed the conviction for Rape by Instrumentation and remanded for resentencing. One judge dissented. Kelley was found guilty by a jury of committing rape and an assault. The crimes occurred in Tulsa County. The jury recommended a sentence of 20 years for the rape and a 90-day sentence for the assault, which would happen at the same time as the longer sentence. Kelley appealed for several reasons. Firstly, Kelley argued that he should have been allowed to present evidence that the victim had previously said the crime happened somewhere else. The court found this request did not violate his rights. The court also ruled that other evidence, including statements from witnesses, was presented correctly according to the law. Kelley further claimed that the detective’s testimony included hearsay and should not have been allowed. The court disagreed, stating that the testimony did not qualify as hearsay because it was not offered to prove the truth of the matter. He also objected to the admission of a Kansas judgment that concerns his past criminal record. The court found that the state failed to prove that this past conviction should be used to increase his sentence as a felony under Oklahoma law, which was a significant factor in the decision to remand for resentencing. Kelley argued that the prosecutor made mistakes during his closing arguments, but the court didn’t find enough errors to affect his right to a fair trial. On the matter of whether Kelley received effective help from his lawyer, the court determined that no deficiencies were present that impacted his case. The final summary was that while Kelley’s conviction for Assault and Battery remained intact, the conviction for Rape by Instrumentation was reversed due to a lack of sufficient evidence regarding his previous crime, leading to a mandate for resentencing.

F-2016-461

Post author:Staff
Post published:June 22, 2017
Post category:F

In OCCA case No. F-2016-461, Roy Dale Doshier appealed his conviction for Rape in the First Degree. In an unpublished decision, the court decided to affirm the conviction but vacated a $250 attorney fee that had been assessed. One judge dissented. Doshier was found guilty after a jury trial and received a 30-year sentence, with the requirement to serve 85% of the term before being eligible for parole. He raised six points of error in his appeal, focusing on issues such as the admissibility of his statements, jury instructions regarding lesser offenses, the attorney fee, and the fairness of the proceedings. The court reviewed each issue. It found no error in admitting Doshier's statements, reasoning that the trial court had not abused its discretion in allowing them into evidence. On the question of jury instructions, the court concluded that the judge had not erred in not including instructions for lesser offenses, as no prejudice had been shown against Doshier. However, the court agreed to vacate the $250 fee for indigent defense because the attorney assigned to him did not actually represent him in court, which meant the fee was not valid. They also determined that Doshier's sentence was not excessive and did not require the jury to be informed about sex offender registration as part of the instructions. In the end, the court affirmed the judgment and sentence while vacating the fee, upholding the conviction due to a lack of legal errors. Overall, there was no indication that Doshier did not receive a fair trial, and the judges were satisfied with the outcome except for the singular point about the attorney fee.

F-2015-1007

Post author:Staff
Post published:June 8, 2017
Post category:F

In OCCA case No. F-2015-1007, Johnny Lee Ingram appealed his conviction for Assault and Battery with a Deadly Weapon. In an unpublished decision, the court decided to reverse the conviction and remand for a new trial. One judge dissented. The case began when Ingram was tried for two crimes: one for Assault and Battery with a Deadly Weapon and the other for Possession of a Firearm after prior convictions. The jury found him guilty of the first charge and not guilty of the second. He was sentenced to twenty-five years in prison based on the jury's recommendation. Ingram raised several points during his appeal. He claimed that the trial court made mistakes, such as not properly answering the jury's questions about the law, which led to confusion. The court agreed that the trial court's responses to the jury were not clear and this could have impacted the jury's decision. During the jury's deliberation, they asked about the meaning of certain instructions related to the case. The trial judge referred them to another instruction without clearly addressing their concerns. This left the jury confused about what constituted criminal intent and whether Ingram could be guilty based on his presence at the scene but not guilty of the other charge. The court emphasized that when jurors express confusion, it is crucial for judges to clearly resolve that confusion. Since the jury found Ingram guilty despite being confused, and considering that the instructions did not help clarify the legal standards, the appellate court concluded that Ingram was not given a fair trial. Thus, they overturned the conviction and ordered a new trial to ensure that the jury could properly consider the evidence laid out, without the confusion created by the previous instructions.

M-2016-596

Post author:Staff
Post published:June 8, 2017
Post category:M

In OCCA case No. M-2016-596, Lyndol Keith Nunley appealed his conviction for Domestic Abuse - Assault and Battery. In an unpublished decision, the court decided to affirm his conviction. One judge dissented. The case began with a non-jury trial in which Nunley was found guilty of committing domestic abuse against someone he knew. The judge sentenced Nunley to pay a fine and to spend time in county jail. Initially, he was required to serve his jail time day for day, meaning he would serve the full year without any reductions. However, this requirement was later changed. Nunley appealed for three main reasons. First, he claimed his lawyer did not do a good job because there was no record of what happened during the trial, which made it hard for him to appeal. The court explained that to prove a lawyer was ineffective, a person must show how this caused them harm. Since Nunley did not give enough proof or show that any errors happened during the trial, his claim was not accepted. Second, Nunley argued that his sentence was too harsh. He believed the day for day term made his punishment excessive. However, since that requirement was removed after he filed his appeal, this argument was no longer valid. Lastly, Nunley pointed out that he received the maximum penalty allowed by law. The court noted that while it did impose the maximum jail time, his fine was much lower than what he could have received. The judges decided that Nunley did not show that his sentence was shocking or unfair, so they rejected his request to change it. In the end, the judges upheld the decision made in the lower court, meaning Nunley had to serve his sentence as it was decided.

RE 2016-0218

Post author:Staff
Post published:June 8, 2017
Post category:RE

In OCCA case No. RE 2016-0218, the appellant appealed his conviction for possession of a stolen vehicle. In an unpublished decision, the court decided to affirm the revocation of his suspended sentence but instructed the lower court to remove the requirement for post-imprisonment supervision from the revocation order. One member of the court dissented.

C-2016-718

Post author:Staff
Post published:June 1, 2017
Post category:C

In OCCA case No. C-2016-718, Jones appealed his conviction for robbery with a dangerous weapon and kidnapping. In a published decision, the court decided to vacate the sentence for one count where he was not charged, but affirmed the rest of the convictions. One judge dissented.

M 2015-1099

Post author:Staff
Post published:May 31, 2017
Post category:M

In OCCA case No. M 2015-1099, Phantirath appealed her conviction for engaging in prostitution and operating a place of prostitution. In a published decision, the court decided to reverse her convictions because she was not allowed to enter a guilty plea, which is a right for defendants. One judge dissented, stating that the trial court did not abuse its discretion in rejecting the plea.

C-2016-813

Post author:Staff
Post published:May 25, 2017
Post category:C

In OCCA case No. C-2016-813, Derlin Lara appealed his conviction for multiple charges, including Manslaughter in the First Degree and Driving Under the Influence. In an unpublished decision, the court decided to deny in part and grant in part the appeal. One judge dissented. Derlin Lara was involved in a serious legal situation where he entered an Alford plea. This type of plea means that he did not admit guilt but agreed that there was enough evidence to convict him. His charges included killing someone while driving under the influence, injuring another person while DUI, driving without a license, and transporting alcohol in the car. After he pleaded guilty, he was sentenced by a judge. The judge gave him a long sentence that meant he’d serve a lot of time in prison. Lara later wanted to take back his plea because he felt it wasn’t fair and that he didn't fully understand what he was doing. He argued that he was confused during the process, and that he had received poor advice from his lawyer. The court looked carefully at Lara's case and found several key points: 1. The judges believed that Lara's plea was actually made with understanding, even though he insisted that he did not understand everything. They noted that he had an interpreter during his hearings. 2. The court decided that Lara was not unfairly punished multiple times for the same actions. They explained that each charge had different parts and involved different victims, so they did not violate any laws regarding multiple punishments. 3. Lara’s claims about his lawyer not helping him were also rejected. The court found that Lara did not show that having a different lawyer would have changed his decision to plead guilty. 4. The sentence he received for one of the charges was too harsh according to the law. He was given a year in jail for driving without a license, but that punishment was higher than allowed. The court changed that sentence to a shorter one of just thirty days. Lastly, the court found that the amounts assessed for victim compensation and restitution were not properly explained during sentencing. Therefore, they canceled those amounts and decided that a hearing should be held to determine fair compensation. In summary, while the court denied most of Lara's requests, they did change one of his sentences and agreed that some financial penalties needed to be rethought.

C-2016-778

Post author:Staff
Post published:May 11, 2017
Post category:C

In OCCA case No. C-2016-778, Donald Garra Patterson appealed his conviction for Abuse by Caretaker, Unlawful Removal of a Dead Body, and Obtaining a Controlled Substance by Forgery/Fraud. In an unpublished decision, the court decided to affirm his convictions on most counts but modified the sentence for Unlawful Removal of a Dead Body due to it being greater than allowed by law. One judge dissented. Patterson had entered a plea of guilty to various charges and was sentenced to multiple terms of imprisonment, including ten years for Abuse by Caretaker and seven years for each of the other charges. Afterward, he wanted to withdraw his plea, claiming he did not fully understand what he was pleading guilty to and felt his lawyer had not helped him properly. The main issues raised included whether his plea was made knowingly and if his lawyer had conflicts of interest or failed to give him correct information. The court found that Patterson didn't support his claims about not understanding the plea and concluded his sentence for the crime of Unlawful Removal had to be changed because it was wrongly set longer than the law allowed. The court also confirmed that the mistakes in advising Patterson were not enough to prove he was treated unfairly by his lawyer. Ultimately, the court decided to lower his sentence for Unlawful Removal of a Dead Body to the correct maximum of five years and instructed the lower court to fix some record-keeping errors regarding fees.