Staff, Author at OCCA Opinions

F 2012-639

Post author:Staff
Post published:October 28, 2013
Post category:F

In OCCA case No. F 2012-639, Marty Lee Langley appealed his conviction for lewd molestation. In a published decision, the court decided to reverse the conviction and remand for a new trial. One judge dissented. Langley was found guilty of lewd molestation after a jury trial in Marshall County. The incident involved two separate and unrelated claims of molestation, but the jury was instructed that they could convict Langley based on either act. Langley argued that this was unfair because the jury should have agreed on one specific act. The court agreed that this was a significant error, stating that all jurors must be on the same page about which act they are considering when deciding a case. Additionally, the prosecutor made comments during closing arguments that suggested the jury should convict Langley to prevent him from harming other children in the future. The court found this to be improper as it is not right to convict someone based on the idea that they might commit future crimes. While Langley had other claims about the fairness of his trial and the effectiveness of his legal counsel, the court determined that the main issue had to do with the way the jury was instructed and the prosecutor's comments. Because of these errors, Langley's original trial was deemed unfair, leading to the decision for a new trial.

F-2011-1059

Post author:Staff
Post published:October 25, 2013
Post category:F

In OCCA case No. F-2011-1059, Cristopher Lyn Kibbe appealed his conviction for various crimes, including Attempted Second Degree Burglary, Second Degree Burglary, Driving with a Revoked License, and Conspiracy to Commit Burglary. In an unpublished decision, the court decided to affirm the judgment and sentence on the second and third counts, but modify the sentence on the attempted burglary to ten years. One judge dissented. Kibbe was found guilty by a jury and received a twenty-year sentence for each of the first two counts, while a fine of $100 was imposed for driving with a revoked license. His trial raised several issues related to judicial conduct and evidence. First, Kibbe argued that his trial was shaped unfairly by improper comments or testimonies from the prosecution. He claimed that a police officer made prejudicial remarks. However, the court found that the trial judge acted appropriately by not ordering a mistrial, as the errors cited were not fundamentally harmful to the fairness of the trial. Second, Kibbe contended that the evidence presented was not enough to support the jury's decision. The court determined that the testimony from his accomplice was properly corroborated and sufficient to justify the jury's verdicts. Kibbe also claimed that he was denied his right to present a full defense. Parts of his statements to police were not allowed into evidence. However, the court noted that many of Kibbe's exculpatory statements were presented before the jury, so it was unclear if additional statements would have made a difference. The appeal included complaints about evidence used during the sentencing phase. Kibbe's prior convictions were mentioned, and he argued that they should not have been because they were from similar transactions. The court upheld the trial judge’s decision to allow those convictions as proper evidence for sentencing enhancement. Kibbe's claims of prosecutorial misconduct were largely dismissed as well. Although he pointed out several alleged wrongdoings by the prosecutor, the court found that the arguments did not amount to significant error. Ultimately, the court modified Kibbe's sentence on one of the counts due to a clear legal error regarding the length of the sentence. The court reduced this sentence from twenty years to ten years, which adhered to statutory guidelines. The court did not find that the cumulative errors impacted Kibbe’s right to a fair trial, and therefore, most of his convictions and sentences were upheld. The decision was to confirm the judgment on Counts 2 and 3, and modify the sentence on Count 1.

S-2013-322

Post author:Staff
Post published:October 23, 2013
Post category:S

In OCCA case No. S-2013-322, Ridge appealed his conviction for possession of marijuana. In a published decision, the court decided to affirm the order that suppressed evidence obtained during the investigative detention. One judge dissented. The case began when a police detective observed what he thought was a drug deal involving Ridge. He saw Ridge in his car and another vehicle pull up next to him. Ridge got into the other car briefly, then returned to his own. Suspecting a drug transaction, the detective blocked Ridge's car and approached it. When he smelled marijuana, he questioned Ridge, who initially claimed the other person was just delivering puppy papers. Eventually, Ridge admitted there was marijuana under his seat. Ridge filed a motion to suppress the evidence from this encounter because he argued that the police did not have a good enough reason to stop him. Initially, a different judge denied Ridge's motion. However, after Ridge requested a reconsideration, the case was transferred to another judge, who granted the motion to suppress. The main issues on appeal were whether the new judge should have been able to review the case and whether the detective had enough reason to stop Ridge. The court ruled that the new judge was allowed to reconsider the motion. They stated that earlier rulings on suppression motions were not final and could be evaluated again. Regarding the stop, the court found that the detective did not have sufficient reason to detain Ridge. They stated that just observing Ridge getting in and out of a car was not enough to suspect him of criminal activity. Overall, the court agreed with the district court’s decision to suppress the evidence, meaning it could not be used in court against Ridge.

F-2012-226

Post author:Staff
Post published:October 15, 2013
Post category:F

In OCCA case No. F-2012-226, Johnny Sanders O'Neal, IV appealed his conviction for Second Degree Burglary, Endangering Others While Attempting to Elude a Police Officer, Driving a Motor Vehicle While Under the Influence of Drugs, and Driving While License Under Suspension. In a published decision, the court decided to affirm O'Neal's convictions but modified his sentences, reducing them from 20 years to 15 years for Count 1 (Burglary) and from 25 years to 20 years for Count 2 (Endangering Others), both to be served at the same time. One judge dissented.

F-2012-622

Post author:Staff
Post published:October 15, 2013
Post category:F

In OCCA case No. F-2012-622, Dewayne Edward Kemp appealed his conviction for First Degree Felony Murder and First Degree Burglary. In an unpublished decision, the court decided to affirm the conviction for First Degree Felony Murder but vacated the conviction for First Degree Burglary due to double jeopardy. One judge dissented. Kemp and two accomplices attempted to burglarize a home when the homeowner shot one of the accomplices fatally and injured Kemp. During his time in jail, Kemp made incriminating statements on recorded phone calls. Kemp's appeal included several arguments. He claimed that the state wrongly used hypothetical questions during jury selection, which he said made it difficult to have a fair trial. However, the court found these questions helpful for understanding the law and ruled against him. He also argued that he should have been allowed to present a statement made by a co-defendant, claiming that he was the one who planned the burglary. But since Kemp could not show that this statement would prove his innocence, the court upheld the trial court's decision to exclude it. Kemp raised concerns about the prosecutor's choice to strike some jurors, suggesting it was based on gender. The court reviewed the reasons given by the prosecutor for these strikes and concluded that they were valid, thus rejecting Kemp's argument. Kemp pointed out that being convicted of both felony murder and burglary for the same incident was unfair and violated his rights against double jeopardy. The court agreed with this claim and voided the burglary conviction, stating that the two charges were too closely related. In summary, the court maintained Kemp's felony murder conviction but removed the burglary charge as it conflicted with double jeopardy rules.

S-2012-1012

Post author:Staff
Post published:October 3, 2013
Post category:S

In OCCA case No. S-2012-1012, Barry Lee Brown appealed his conviction for a traffic offense. In an unpublished decision, the court decided to affirm the trial court's ruling to suppress evidence and dismiss the prosecution. One judge dissented. The case began when a police officer claimed to have seen a traffic violation, which led to a stop of Barry Lee Brown's vehicle. After stopping him, the officer suspected that Brown might be under the influence of drugs or alcohol. A second officer was called to the scene to perform sobriety tests. Before the trial, Barry Lee Brown argued that the stop was not legal and asked the court to throw out any evidence from the stop. During the hearing, the officer who stopped Brown had trouble remembering exactly what happened. He referred to a report written by the second officer, but that officer had not witnessed the stop himself. Initially, the trial court thought there was enough evidence to say the stop was legal, but later changed its mind. The court reviewed different points raised by the state about why the trial court’s decision should be changed. The state argued that the trial court made mistakes in its decision to suppress the evidence. However, the Appeals Court looked carefully at the facts and decided that the trial court had a good reason to change its decision. They noted that the officer who stopped Brown did not have a clear memory and his testimony was mainly based on what was written in another officer's report. The Appeals Court stated it respects the findings of the trial court unless they are clearly wrong or not supported by the evidence. After reviewing everything, they agreed with the trial court's ruling because it was based on the officer's inability to reliably remember the details of the stop. The Appeals Court also addressed the state’s claim that the trial court should not have been allowed to change its previous ruling. They found that the state did not provide enough legal backing for this claim, so they didn't consider it further. Finally, the court looked at whether the first officer could accurately use the report to refresh his memory about the stop. They concluded that just because he accepted the report as true did not mean it helped him remember the stop accurately. In the end, the court affirmed the decision to suppress the evidence that led to the conviction and agreed to dismiss the case.

S-2013-103

Post author:Staff
Post published:October 2, 2013
Post category:S

In OCCA case No. S-2013-103, Uriel Alajandro Lopez and Maria Magana appealed their conviction for Trafficking in Illegal Drugs. In an unpublished decision, the court decided to affirm the district court's ruling which granted a motion to suppress evidence. One judge dissented. Lopez and Magana were charged in McIntosh County after Trooper Koch stopped their vehicle. Before the trial started, they filed to suppress evidence related to the traffic stop and the search of their vehicle. The district court agreed and granted their motions, leading the state to appeal. The state argued two main points for the appeal. First, they believed the trooper had a valid reason to stop the vehicle, claiming that Magana broke traffic laws by following another vehicle too closely and failing to move for an emergency vehicle. However, the court found that the trooper's basis for the stop was questionable because the laws did not support his reasoning. The trooper said Magana was driving less than two seconds behind a truck, which he thought was unsafe. But he was unable to prove that this was a valid reason under the law. The rules of driving were not clear enough to justify his stop. The court noted that the trooper’s idea of a two-second rule was not mentioned in the traffic laws, which made it hard to understand if there was any real violation. The court also looked at a second reason the state provided, which was that the trooper had seen Magana not move to the left lane for an emergency vehicle. However, the trooper didn’t take any action based on this perceived violation when he stopped the car. Since this point wasn't strongly developed during the hearing, the court didn’t consider it either. Second, the state argued that searching the vehicle was legal because of signs of criminal activity and the consent given by both Lopez and Magana. But since the first argument about the stop was not valid, the search did not hold up in court. Therefore, the appeal was denied and the decision to suppress the evidence was upheld. In conclusion, the court agreed with the district court's decision to grant the motion to suppress, stating that the trooper did not have a good reason for the stop. The opinion from the court was not published for public record, but it reinforced the importance of adhering to the rules of evidence and the proper procedures during traffic stops.

F-2012-721

Post author:Staff
Post published:October 1, 2013
Post category:F

In OCCA case No. F-2012-721, Deshaunte Devon Coulter appealed his conviction for Robbery with a Dangerous Weapon. In an unpublished decision, the court decided to affirm Coulter's conviction and sentence but vacated the restitution order, directing a new determination of the victim’s loss. One judge dissented. Coulter was found guilty by a jury and sentenced to thirty years in prison, along with an order to pay $2,300 in restitution. He raised several issues on appeal, including claims of unfair trial due to the admission of other crimes evidence, DNA evidence issues, prosecutorial misconduct, and excessive sentencing. The court looked closely at each of Coulter’s arguments. For the first claim about other crimes evidence, the court found there was no actual error because the officers’ testimonies did not specifically reference other crimes involving Coulter. Since Coulter did not challenge this during the trial, he could only appeal on the grounds of plain error, which the court ruled did not occur. In the second argument about DNA evidence, the court noted that Coulter had not shown that the State had erred. The evidence was timely provided, and the court did not find a Brady violation regarding the lack of lab notes since Coulter did not request them in time. For the third claim of prosecutorial misconduct, the court found that there was no actual error. The prosecutor’s comments during the trial were not improper, and thus did not violate Coulter's rights. In the fourth argument, regarding the claim that his sentence was excessive, the court concluded that the sentence fell within the legal limit and was not shockingly inappropriate under the circumstances. In the fifth claim, which concerned the assessment of restitution, the court found that the trial court did not follow proper procedures. The evidence presented at the sentencing didn’t adequately prove the victim's financial losses, so the restitution order was vacated. Finally, Coulter claimed that the cumulative effect of all errors deprived him of a fair trial, but the court found that wasn't the case. The decision affirmed Coulter's conviction and sentence while remanding the restitution matter for proper evaluation.

F-2012-167

Post author:Staff
Post published:September 23, 2013
Post category:F

In OCCA case No. F-2012-167, Bryan Decheveria Aragon appealed his conviction for robbery with a firearm, assault and battery with a dangerous weapon, conspiracy to commit a felony, burglary in the first degree, kidnapping, and possession of a firearm in the commission of a felony. In an unpublished decision, the court decided to affirm some of Aragon's convictions but reversed others. One judge dissented. Aragon was found guilty of several serious charges, including robbery, assault, and kidnapping, after a jury trial in the District Court of Cleveland County. The jury handed down various sentences, adding up to a long term in prison. Aragon argued that errors occurred during his trial, including the prosecution calling co-defendants who refused to testify, which he claimed violated his rights. He also pointed out concerns about the prosecutor’s conduct and whether he faced multiple punishments for the same criminal act. The court found that the prosecutor’s decision to call the co-defendants did not require a reversal. Even though the co-defendants didn’t answer every question, they provided some responses and were available for cross-examination. Therefore, this did not infringe upon Aragon’s rights. The court also ruled that any claims regarding prosecutorial misconduct did not significantly impact Aragon's fair trial. However, the court acknowledged that Aragon’s conviction for possessing a firearm during a felony had to be dismissed, as it did not comply with legal standards. The kidnapping charge was also reversed because it arose from the same act as the robbery, which meant that it violated rules against double punishment. On the other hand, the charges for robbery and assault were allowed to stand since they were considered separate actions. In summary, the decision affirmed most of the judgment and sentences but reversed those related to kidnapping and possession of a firearm.

F-2012-567

Post author:Staff
Post published:September 23, 2013
Post category:F

In OCCA case No. F-2012-567, the appellant appealed his conviction for first-degree murder, shooting with intent to kill, and possession of a firearm after conviction of a felony. In an unpublished decision, the court decided to affirm the conviction but modified the sentence for the first-degree murder charge to life imprisonment with the possibility of parole, and the sentence for the possession of a firearm charge to seven years imprisonment. One judge dissented regarding the sentence modification. Mario Lenard Phenix was found guilty of killing Nicholas Martin and injuring Alex Shaw during a dispute on December 31, 2010. The incident involved Phenix, his former girlfriend, and her friends after a night out at a club. Phenix had been angry after his girlfriend ended their relationship, which led to threatening phone calls and ultimately to the shooting. The trial revealed different accounts of what happened that night. Witnesses said Phenix confronted the men with a gun, fired at them, and later, after a struggle, shot Martin again while inside his car. Phenix claimed he shot in self-defense, saying Martin was armed and aggressive. However, the jury rejected this, finding him guilty of murder and other charges. During the trial, Phenix raised several issues on appeal. He argued that he should have been allowed to present a lesser charge of manslaughter. However, because his self-defense claim would have resulted in an outright acquittal if believed, the court found that the jury's instructions were sufficient. Phenix also claimed that the trial process was unfair because the order of presenting evidence might have influenced the jury's decision on punishment. The court agreed that there was a procedural error but found it did not affect the fairness of the trial or the sentence imposed, except for the first-degree murder, which was modified to allow parole. Other arguments related to the introduction of evidence about Phenix's past violent behavior and comments made by the prosecutor during closing arguments were also addressed. The court found no prejudicial errors in these matters that would have affected the trial's outcome. In summary, the decision affirmed the conviction while modifying certain sentences, indicating that, despite some procedural issues, the overall due process was upheld in the trial.

RE 2012-0711

Post author:Staff
Post published:September 20, 2013
Post category:RE

In OCCA case No. RE 2012-0711, Creekmore appealed his conviction for Lewd Molestation. In an unpublished decision, the court decided to reverse the order revoking Creekmore's suspended sentence and remand for a new hearing. One member of the court dissented.

F-2011-509

Post author:Staff
Post published:September 10, 2013
Post category:F

In OCCA case No. F-2011-509, Mark Anthony Clayborne appealed his conviction for Perjury by Subornation and Allowing the Production of a False Exhibit. In an unpublished decision, the court decided to affirm the conviction for Perjury by Subornation but reversed the conviction for Allowing the Production of a False Exhibit. One judge dissented. Clayborne, a lawyer, represented a defendant accused of selling drugs. During the trial, he presented a video as evidence showing his client was in Mexico at the time of the alleged crime. However, a forensic video analyst testified that the date stamp on the video was altered. As a result, Clayborne was charged with subornation of perjury for allowing false evidence and for producing a false exhibit. Throughout his appeal, Clayborne raised several issues. He argued that the trial court made errors by improperly answering jury questions, violating his rights due to prosecutorial misconduct, and mishandling evidence. He also contended that certain jury instructions were incorrect, particularly a lack of clear mention of required knowledge of the false exhibit. The court ruled that while there was an error regarding jury instructions, it was not enough to require a reversal of the conviction for subornation of perjury because the outcome was still supported by strong evidence. However, they found that the trial court erred in how they handled the issues related to the false exhibit, leading to that conviction being overturned. The decision covered various claims of error including jury questions, prosecutorial misconduct during closing arguments, and evidence issues. Ultimately, the court decided to keep one conviction while reversing the other due to significant procedural concerns.

S-2013-127

Post author:Staff
Post published:September 8, 2013
Post category:S

In OCCA case No. S-2013-127, Isaac Paul Bell appealed his conviction for Possession of a Weapon on School Property. In an unpublished decision, the court decided to affirm the lower court's ruling that quashed and dismissed the case. One judge dissented. Isaac Paul Bell was accused of having a weapon on school property, which is against the law in Oklahoma. Bell filed a motion to have the charges dropped, and the judge agreed, deciding that the charges could not stand. The state of Oklahoma did not agree with this decision and appealed, arguing that the police had enough reasons to stop and search Bell. The state presented three reasons why they thought the dismissal was wrong. First, they argued that because there were weapons in plain sight, the police had a good reason to stop Bell. Second, they claimed that Bell agreed to let the police search his car after they asked him about other weapons, and that was okay. Finally, they said the court made a mistake by dismissing the charges when they believed there was enough proof to continue the case. The reviewing court looked carefully at all parts of the situation. They understood that officers must have a good reason to stop someone and that the police had to follow rules when stopping and searching a person. The court found that the officer did not have a strong enough reason to stop Bell. When the officer saw the knives in Bell's truck, there was no reason to think Bell was doing anything wrong because he had not broken any laws, and the knives were properly stored. The court also considered whether Bell's agreement to let police search his truck was valid since he had already been detained wrongly. They decided that Bell's consent was not free and voluntary because it happened immediately after the wrongful detention. Since Bell was handcuffed and questioned by an armed officer without being informed of his rights, the court determined that his consent did not fix the problem caused by the illegal detention. Because of how they resolved the first two points, the third point from the state was no longer important. Therefore, they affirmed the decision to dismiss the case against Bell.

C-2012-699

Post author:Staff
Post published:August 21, 2013
Post category:C

In OCCA case No. C-2012-699, Holstine appealed his conviction for Possession of a Controlled Dangerous Substance. In a published decision, the court decided to grant his request and remanded the case for a proper hearing on his motion to withdraw his plea. One judge dissented.

RE 2012-0848

Post author:Staff
Post published:August 15, 2013
Post category:RE

In OCCA case No. RE 2012-0848, Andrell Jackson appealed his conviction for possession of a controlled dangerous substance and related charges. In an unpublished decision, the court decided to affirm the revocation of his suspended sentence for one of the cases but vacated the revocation for the other case and sent it back for further proceedings. One judge dissented.

RE-2012-590

Post author:Staff
Post published:August 14, 2013
Post category:RE

In OCCA case No. RE-2012-590, Todd Aaron Henderson appealed his conviction for Driving Under the Influence of Alcohol. In a published decision, the court decided to reverse and remand the case back to the District Court of Tulsa County with instructions to vacate the order revoking Henderson's suspended sentence and dismiss the State's application to revoke. No judge dissented. Henderson had first entered a guilty plea for Driving Under the Influence in 2009, and his sentence was put on hold while he completed a drug court program. After successfully finishing the program in January 2011, his charge was changed to a misdemeanor, and he was given a one-year suspended sentence. However, in January 2012, he was stopped by police and faced new charges, including a second DUI. Following these new charges, the State requested to revoke his suspended sentence. In June 2012, the court revoked Henderson's suspended sentence based on the new charges. On appeal, Henderson argued that the court did not have the authority to revoke his sentence because the State filed the application for revocation one day after his sentence had completed. The State agreed with Henderson, stating that the trial court lacked jurisdiction to revoke the sentence since the request was submitted after the completion of the suspended sentence. The court ruled in favor of Henderson, reversing the revocation, and ordered the case to be remanded with instructions to dismiss the State's application to revoke his sentence.

F-2011-661

Post author:Staff
Post published:August 8, 2013
Post category:F

In OCCA case No. F-2011-661, Mark Tracey Vernon appealed his conviction for five counts of First Degree Rape by Instrumentation and one count of Forcible Oral Sodomy. In a published decision, the court decided to reverse his conviction and remand the case for a new trial. One judge dissented. Vernon had been found guilty in a non-jury trial and sentenced to life imprisonment on the rape charges and twenty years for the sodomy charge, with the sentences to be served one after another. Initially, he faced fourteen counts of rape and five of sodomy, but some were dismissed or he was acquitted of others during the trial. Vernon claimed that he did not receive a fair trial due to ineffective assistance from his lawyer. The court agreed and found that his defense attorney did not present important evidence that could have helped Vernon. This included failing to interview a witness who might have provided helpful information and not questioning the investigating officer about past allegations against one of the victims. The court noted that these mistakes were not part of a reasonable trial strategy. After reviewing the trial and additional evidence presented during a hearing, the court decided that Vernon's lawyer's performance was inadequate. Because of this, they believed that the trial's outcome could have been different if the mistakes had not happened. Vernon's judgment was reversed, and the case was sent back for a new trial to ensure that he gets a fair chance to defend himself.

F-2012-916

Post author:Staff
Post published:July 29, 2013
Post category:F

In OCCA case No. F-2012-916, Andrew Lee Harris appealed his conviction for Possession of a Controlled Substance (Cocaine) after being found guilty by a jury in the District Court of McCurtain County. In an unpublished decision, the court decided to modify his sentence from thirty years to twenty years in prison. One judge dissented. Andrew Lee Harris was found guilty on charges for having cocaine. His punishment was set at thirty years, but he did not agree with the decision and decided to appeal. During the appeal, he argued that: 1. The jury wasn't given the right instructions about possession of paraphernalia, which he thought was unfair. 2. The prosecutor gave improper evidence and made comments that affected the fairness of his sentencing. 3. The trial court did not follow required procedures in his case. The court analyzed these claims carefully. In the first point, they decided that the jury did not need to be told about possession of paraphernalia because it was not a lesser included offense of cocaine possession. This means it was a separate crime, and the judge was right not to give those instructions. In his second point, the court looked at the information that was presented during the trial. They said there were some mistakes with what was allowed as evidence. A former probation officer talked about Harris's past, which shouldn't have been mentioned because it could make the jury think about parole and probation unfairly when deciding his sentence. The court found that this could have influenced the jury, especially since they asked questions about how long Harris would be on parole. Therefore, they decided that because of this, it was necessary to reduce his sentence to twenty years. As for the third point, the court felt that the way the trial judge handled certain procedures was not a problem anymore because they had already decided to change Harris's sentence based on the earlier mistake. In the end, the court agreed with Harris’s reasoning about how he should have been sentenced, leading them to change his punishment. They affirmed his conviction but modified the sentence to twenty years in prison.

S-2012-834

Post author:Staff
Post published:July 26, 2013
Post category:S

In OCCA case No. S-2012-834, the State of Oklahoma appealed an order that granted a motion to dismiss several charges against Jeffrey Porras. In a published decision, the court decided to affirm the district court's ruling. One judge dissented. The case involved charges against Porras, who is a physician. He was accused of committing sexual battery and rape against multiple victims while they were receiving medical treatment. The accusations included five counts of sexual battery and one count of second-degree rape, with the incidents alleged to have occurred in different counties over a period of time from 2005 to 2007. The trial court dismissed some of the counts because it felt that the incidents were not part of a single plan or scheme. The law allows for multiple charges to be tried together if they are connected in a way that shows they are part of the same pattern of criminal behavior. However, the court decided that the alleged crimes in Oklahoma County and Cleveland County were separate and did not meet the criteria for joining them in one trial. In making this decision, the court looked at how the offenses occurred over a span of two years and did not significantly overlap in timing or in the way they were committed. This means that the crimes did not depend on each other and were not part of a continuous plan that would justify being tried together. The appellate court agreed with the trial judge's reasoning, stating that there was no clear error in the decision to dismiss those charges. The ruling reaffirmed that the charges from different counties could be handled separately without causing injustice to anyone. The dissenting judge, however, believed that the charges should not have been dismissed since they had common elements and were related to his actions as a doctor. The dissent argued that since all victims were patients and the incidents happened in similar situations, it was appropriate to consider them as part of a greater plan to commit these crimes. In conclusion, the appellate court upheld the trial court’s decision to dismiss certain charges against Porras, maintaining that the evidence did not sufficiently show a connection that warranted a single trial for all the charges.

F-2012-172

Post author:Staff
Post published:July 24, 2013
Post category:F

In OCCA case No. F-2012-172, Mark Wallace Williams appealed his conviction for attempted burglary in the first degree, possession of a controlled dangerous substance, possession of material with intent to manufacture, unlawful possession of drug paraphernalia, and resisting an officer. In a published decision, the court decided to affirm his convictions but modified his sentence for attempted burglary from 14 years to 10 years. One judge dissented. Williams was arrested after being found in a vehicle at the scene of a reported burglary. He argued that his arrest was illegal and the evidence obtained should not have been used against him. The court disagreed, ruling that there was enough probable cause for the arrest. Williams also challenged the searches of his car, particularly the trunk, claiming they were unlawful. The court recognized some issues with the search but determined that the evidence could still be used because the police would have found it during an inventory search of the car. During the trial, Williams made statements to police which he later contested as improperly admitted. The court found any potential error harmless given the other evidence presented against him. Further, Williams argued that there wasn't enough evidence to support his conviction for attempted burglary, but the court found that evidence, including his actions and items found with him, was sufficient for a jury to reasonably conclude he was attempting to commit a crime. He also claimed that jury instructions were mistaken about his prior convictions, but the court held that these errors did not harm his case significantly. Williams raised concerns about his competence to stand trial, and the court reviewed multiple evaluations of his mental health history. Ultimately, the court upheld the jury's conclusion that he was competent to stand trial. Additionally, he argued that his trial counsel was ineffective and that he could not have waived his right to counsel due to incompetence. The court found no merit to this assertion, concluding that Williams did indeed understand and make a valid choice to represent himself. Overall, the court affirmed most of Williams' convictions, modified one sentence, denied a request to supplement the record, and found no grounds for a new trial or hearing on these matters.

RE 2012-0575

Post author:Staff
Post published:July 10, 2013
Post category:RE

In OCCA case No. RE 2012-0575, Greenlow appealed his conviction for several offenses, including unlawful possession of a controlled substance and false impersonation. In an unpublished decision, the court decided to affirm the revocation of Greenlow's suspended sentences but ordered a remand to modify one of his sentences due to it being longer than the law allows. One judge dissented.

F-2011-693

Post author:Staff
Post published:July 9, 2013
Post category:F

In OCCA case No. F-2011-693, Michael Wayne Dorsey appealed his conviction for Manslaughter in the First Degree and Shooting with Intent to Kill. In a published decision, the court decided to affirm Dorsey's conviction and his sentences but vacated the $5,000 victim compensation assessment set by the trial court. One member of the court dissented. Dorsey was found guilty by a jury of manslaughter and shooting with intent to kill. The jury decided on a punishment of thirty years for manslaughter and five years for the shooting charge, which would be served one after the other. Dorsey argued that he should have been allowed to use self-defense as a reason for both charges, but the court found that the instructions given to the jury were correct. Dorsey also claimed that the trial judge made an error with jury instructions regarding self-defense and intoxication, but the court disagreed. He further asserted that his lawyer was not effective because there was no objection raised to those jury instructions, but the court ruled that there was nothing wrong with the instructions in the first place. Lastly, Dorsey objected to the judge imposing the victim compensation amount without considering several important factors. The court agreed that the judge did not properly assess the situation and sent the case back to the trial court for a new decision on the compensation amount. Thus, the main outcome was that while Dorsey's conviction was upheld, the court required a reconsideration of the victim compensation assessment based on certain statutory factors outlined in the law.

F-2012-08

Post author:Staff
Post published:July 2, 2013
Post category:F

In OCCA case No. F-2012-08, Ralph T. Smith, Jr. appealed his conviction for kidnapping, first-degree robbery, attempted rape, forcible sodomy, first-degree rape, and unlawful possession of a controlled drug. In an unpublished decision, the court decided to modify his sentence on Count I to ten years imprisonment and to remove post-imprisonment supervision from Counts III, IV, and V. One judge dissented. **Summary of the Case:** Ralph T. Smith, Jr. was found guilty of serious crimes against a 76-year-old woman, R.C., after they met at a casino. Smith initiated a friendly interaction with R.C., who ended up offering him a ride. However, he then assaulted her and committed various violent acts, including attempted rape, forcible sodomy, and robbery. The jury sentenced Smith to long prison terms for each conviction. **Key Facts:** - During a day at the casino, Smith befriended R.C. and, after some time, manipulated her into giving him a ride. - Smith then forcibly assaulted R.C. at her house and later at a motel. - After the incident, R.C. reported the crime to her family and the police. **Legal Issues:** 1. **Speedy Trial**: Smith argued that his right to a speedy trial was violated according to the Interstate Agreement on Detainers Act. The court reviewed the timeline of events and denied his claim, stating that the time delays were justified. 2. **Sentencing Instructions**: Smith contested that the jury was improperly instructed about the potential punishment. The court agreed there was an error and modified the sentences accordingly. 3. **Ineffective Assistance of Counsel**: He claimed that he did not get adequate legal representation, particularly related to the sentencing instructions. The court noted that this claim was valid but remedied through the sentence modifications. 4. **Prosecutorial Misconduct**: Smith argued that the prosecutor's comments during closing arguments were inappropriate. The court found the comments were not severe enough to undermine the fairness of the trial. 5. **Jurisdiction**: Smith questioned whether the court had jurisdiction over some charges since the crimes occurred in different counties. The court ruled that jurisdiction was proper because the kidnapping and subsequent crimes were closely connected. 6. **Pro Se Brief**: Smith attempted to submit additional complaints without sufficient support from his attorney. The court denied this attempt due to failure to follow proper procedures. In conclusion, while Smith's sentence modification was granted throughout the appeals process, the court maintained that he was rightly convicted and that the initial trial was fair despite some errors.

M-2011-1083

Post author:Staff
Post published:July 1, 2013
Post category:M

In OCCA case No. M-2011-1083, the appellant appealed his conviction for resisting an officer. In an unpublished decision, the court decided to reverse the trial court's judgment and remand for a new trial. One judge dissented. The case involved Franklin Savoy Combs, who was found guilty of resisting an officer after a jury trial. The trial took place in Hughes County, and the appellant received a sentence of ninety days in jail and a fine of $300. Combs later appealed this decision, challenging the way he represented himself in court. In his appeal, Combs argued that the trial court did not properly inform him of the risks of self-representation. The court looked at the records from the trial to see if Combs had knowingly decided to waive his right to have a lawyer. They found that there was not enough evidence to show that he fully understood what he was doing when he chose to represent himself. The court explained that before someone can represent themselves, it is very important that they know what that means and what they might be giving up. If there are doubts about whether a person really understood their rights, those doubts should be viewed in favor of that person. Since the court determined that Combs did not knowingly and intelligently waive his right to counsel, they decided that his conviction needed to be reversed. The case was sent back for a new trial where he can have proper legal representation.

C-2012-686

Post author:Staff
Post published:June 26, 2013
Post category:C

In OCCA case No. C-2012-686, Joseph Dewayne Conner appealed his conviction for First Degree Robbery and First Degree Burglary. In a published decision, the court decided to deny his appeal regarding the robbery conviction, but granted it concerning the burglary conviction. The court found that Conner had been misinformed about the possible sentence for burglary, which affected his decision to plead guilty. Although Conner’s actual sentence was within the correct range, the incorrect information he received could have influenced his plea. #n dissented on the decision regarding the robbery conviction.