Staff, Author at OCCA Opinions

F 2004-0328

Post author:Staff
Post published:July 13, 2005
Post category:F

In OCCA case No. F 2004-0328, the appellant appealed his conviction for trafficking in illegal drugs and distribution of a controlled substance. In an unpublished decision, the court decided to reverse the acceleration of the appellant's deferred sentences. One judge dissented. The case began when the appellant, who was 19 years old, pled guilty to the charges and received a five-year deferred sentence in each case after completing a rehabilitation program. However, the state later sought to accelerate these sentences due to alleged violations of probation. During a hearing, the judge concluded that the appellant had not complied with conditions and imposed a lengthy sentence of twenty-five years for each charge, running consecutively. The appellant argued several points on appeal. He claimed that the acceleration hearing was unfair because he did not have a lawyer to help him. The court agreed that he had not properly waived his right to counsel. The judge's decision to proceed without an attorney was found to be incorrect, as there was no evidence that the appellant could afford a lawyer. Furthermore, the court noted that there were other errors in the process that impacted the fairness of the hearing. The appellate court found merit in the appellant's first argument about not having a lawyer and therefore reversed the acceleration of his sentences. The judges on the panel emphasized that if a new hearing takes place, the appellant must be represented by a lawyer and informed of his rights regarding any plea agreements.

RE-2004-445

Post author:Staff
Post published:July 12, 2005
Post category:RE

In OCCA case No. RE-2004-445, Dewayne Eugene Ring appealed his conviction for attempted burglary. In an unpublished decision, the court decided that Ring should have a chance to withdraw his guilty plea because he was not eligible for a suspended sentence due to his prior convictions. The court found that his previous felony convictions meant that part of his sentence that was suspended was void. Therefore, they ordered that the lower court should give him a chance to withdraw his plea. If he chose not to withdraw it, the court was to make him serve the full sentence. One judge dissented in this opinion.

S-2004-1009

Post author:Staff
Post published:July 7, 2005
Post category:S

In OCCA case No. S-2004-1009, the State of Oklahoma appealed the conviction of Donald Isaiah Phares for negligent homicide. In an unpublished decision, the court decided to affirm the dismissal of the prosecution. One judge dissented. To summarize, this case started from a car accident on September 15, 2003, where Phares was involved in a collision that resulted in another driver's death. Phares was first charged with a traffic offense for failing to stop at a stop sign and paid a fine for that. Later, in January 2004, the State filed a charge of negligent homicide against him, claiming his action of not stopping at the stop sign was reckless. Phares argued that being prosecuted for negligent homicide after already being punished for the traffic violation was unfair and violated his rights to not be punished twice for the same act. The court agreed with him, stating that both charges came from the same action, and therefore, he could not be punished for both. They found that the traffic offense was part of the negligent homicide claim and ruling that prosecuting Phares again for negligent homicide would lead to double punishment. The court decided the district court's dismissal was correct as the two charges stemmed from the same event, adhering to the law that prevents someone from facing multiple punishments for the same act. Thus, the court upheld the dismissal of the negligent homicide case against Phares.

C-2004-1018

Post author:Staff
Post published:July 2, 2005
Post category:C

In OCCA case No. C-2004-1018, Eric Poe appealed his conviction for Assault and Battery upon a Police Officer and Public Intoxication. In an unpublished decision, the court decided to allow Poe to withdraw his plea due to newly discovered evidence. One judge dissented, arguing that Poe was aware of the evidence before entering his plea.

C-2004-903

Post author:Staff
Post published:June 13, 2005
Post category:C

In OCCA case No. C-2004-903, David Wayne Laughlin appealed his conviction for Sexual Abuse of a Child. In a published decision, the court decided to grant Laughlin’s request to withdraw his guilty plea and remand the case for a new hearing. One judge dissented.

C-2004-957

Post author:Staff
Post published:June 13, 2005
Post category:C

In OCCA case No. C-2004-957, Jeremy Clarence Rankin appealed his conviction for various charges. In a published decision, the court decided to grant his petition for Certiorari and remanded the case to the District Court for a new hearing on Rankin's motion to withdraw his guilty pleas. One judge dissented, stating that he did not believe there was evidence of ineffective assistance of counsel and that the original plea was made knowingly and voluntarily.

F-2004-368

Post author:Staff
Post published:June 10, 2005
Post category:F

In OCCA case No. F-2004-368, an individual appealed his conviction for multiple counts of sexual crimes against his daughter. In a published decision, the court decided to affirm the convictions for Second Degree Rape, Forcible Sodomy, and Second Degree Rape by Instrumentation, but reversed the conviction for Lewd Molestation. One judge dissented on the Forcible Sodomy count. Tommie Loyd Payne was charged with numerous sexual offenses in Muskogee County, with the jury acquitting him of 97 counts but convicting him on 4. The court sentenced him to a total of 70 years in prison, with some sentences to be served one after the other. Payne raised several issues on appeal. He argued that the conviction for Forcible Sodomy violated double jeopardy because the jury instructions blended different elements of the crimes, which could have led to a wrongful conviction based on the same actions. However, the court found that the jury's understanding of the separate charges made this error negligible, so the convictions stood. He also contended that Lewd Molestation should not be punished because it was a lesser included offense of Rape by Instrumentation. The court agreed that both charges referred to the same act, which violated the prohibition against double jeopardy, resulting in the reversal of the conviction for Lewd Molestation. Finally, Payne pointed out that the trial court did not complete a pre-sentence investigation before sentencing, which was a mandatory requirement. However, the lack of this investigation was found to be a harmless error. Overall, the court upheld the serious convictions against Payne while addressing significant legal standards regarding double jeopardy and trial procedures.

C-2004-739

Post author:Staff
Post published:June 8, 2005
Post category:C

In OCCA case No. C-2004-739, Billy Jack Brown, Jr. appealed his conviction for Attempt to Manufacture the Controlled Dangerous Substance Methamphetamine and/or Amphetamine, Child Endangerment, and Possession of a Controlled Dangerous Substance Methamphetamine or Amphetamine. In an unpublished decision, the court decided to grant his petition for a writ of certiorari and remand the case for a new hearing on his application to withdraw his plea. One member of the court dissented. Billy Jack Brown pleaded no contest to three charges related to drugs and child endangerment. He was given a long prison sentence and a large fine. After some time, Brown wanted to change his plea. He said he felt pressured to plead guilty, claiming his lawyer told him if he didn’t, his wife wouldn’t be accepted into Drug Court. Brown said he didn't agree with his lawyer on many things and felt that it was hard for him to make a good decision about his plea. During a hearing about his request to change his plea, his lawyer said he was unsure about how to proceed because he couldn’t recommend that Brown change his plea. The court found that because Brown and his lawyer had a conflict of interest, he did not receive effective help, which is a right every person has. The court decided that Brown should have a new hearing so he could properly address his reasons for wanting to withdraw his plea. The decision was made to let Brown have this chance, and the appeals court ordered that the case be sent back for a new hearing to properly look at his request. One judge disagreed with this decision, saying that Brown's statements about being coerced were not supported by the evidence and that he had made a voluntary plea.

F-2004-197

Post author:Staff
Post published:June 8, 2005
Post category:F

In OCCA case No. F-2004-197, McNeil appealed his conviction for possession of a controlled substance, resisting an officer, and speeding. In an unpublished decision, the court decided to reverse the convictions and remand the case for a new trial. One judge dissented. McNeil was convicted by a jury for three counts: possession of methamphetamine, resisting an officer, and speeding. The judge sentenced him to two years in prison for the drug charge and imposed fines and jail time for the other charges. McNeil believed he did not get a fair trial for several reasons. Firstly, he argued that the jury heard about other crimes that did not relate to the current case, which might have made them think he was a worse person than he actually is. Secondly, he claimed that a police officer made comments during the trial that unfairly influenced the jury against him. In reviewing the case, the court found that one of the officer’s comments was particularly damaging and could have influenced the jury's decision. The judge's warnings to the jury did not fix the problem, and since the evidence against McNeil was not strong, it was decided he deserved a new trial. Because the appeal was successful based on these issues, the court did not need to discuss the other points McNeil raised about his trial. The outcome was that McNeil's conviction was overturned, and the case was sent back for a new trial where he could have another chance to defend himself.

F-2004-576

Post author:Staff
Post published:June 8, 2005
Post category:F

In OCCA case No. F-2004-576, Jimmy Allen Phillips appealed his conviction for two counts of Rape by Instrumentation. In an unpublished decision, the court decided to affirm the judgments but modify the sentences to be served concurrently. One judge dissented. Phillips was found guilty after a trial in the Rogers County District Court. The jury recommended that he serve a total of 34 years in prison—12 years for the first count and 22 years for the second count. Phillips argued that he did not get a fair trial because of inappropriate remarks made by the prosecutor during closing arguments. The court examined the entire case, including records and evidence presented. They agreed that some comments made by the prosecutor were improper and potentially harmful. For example, the prosecutor suggested his personal belief in the case and made remarks that tied the actions to a divine judgment, which the court found inappropriate. Despite recognizing these issues, the court concluded that they did not warrant a complete reversal of the convictions. Instead, they determined that Phillips’ sentences should run concurrently, meaning he would serve the time at the same time rather than back-to-back. This decision aimed to address the improper comments while still upholding the jury's verdict.

F-2004-666

Post author:Staff
Post published:June 8, 2005
Post category:F

In OCCA case No. F-2004-666, the appellant appealed his conviction for failure to register as a sex offender. In an unpublished decision, the court decided to affirm the conviction but modify the sentence to two years imprisonment. One judge dissented. The case involved Steven Randel Hargrove, who was found guilty by a jury for not registering as a sex offender, which is a legal requirement for people with certain criminal backgrounds. He was sentenced to five years in prison by the judge, following the jury's recommendation. Hargrove appealed, arguing several points regarding his trial and conviction. First, he claimed that there wasn't enough evidence to prove that he intentionally failed to register. He felt this violated his rights as protected by the U.S. Constitution and the Oklahoma Constitution. The court reviewed the evidence and decided that while it was unclear if he had intentionally failed to register, there was enough evidence for a reasonable jury to conclude otherwise. Therefore, his argument on this point was denied. Second, Hargrove argued that he did not get good representation from his lawyer. He felt his lawyer made mistakes that harmed his case. The court agreed that his lawyer should have tried to keep certain information about Hargrove's past offenses from the jury. This information likely influenced the jury to give him a harsher sentence. As a result, the court recognized this as a significant issue. Finally, Hargrove believed his sentence was too harsh and that the mistakes made during the trial denied him a fair trial. Since the court agreed with him about the ineffective assistance of counsel, they decided to change his sentence from five years to two years in prison. In summary, the court upheld Hargrove's conviction but reduced his prison time due to the errors made during his trial. One judge disagreed with this decision, believing there was not enough proof of Hargrove's intent to fail to register as a sex offender.

M 2004-0742

Post author:Staff
Post published:June 7, 2005
Post category:M

In OCCA case No. M 2004-0742, the appellant appealed his conviction for driving while under the influence of intoxicants and failure to wear a seat belt. In a published decision, the court decided to reverse the decision and dismiss the case. One judge dissented. The case involved an appellant who was stopped by a police officer for not wearing a seat belt. The officer did not see the appellant driving erratically. However, the officer noticed that the appellant smelled like beer and had bloodshot eyes. The appellant told the officer he had consumed three or more beers, but the officer did not ask how long ago he had been drinking. During the trial, it became clear that the judge did not properly define what under the influence meant according to the law. The judge misunderstood that for someone to be considered under the influence, their ability to drive must be affected. This misunderstanding is very important because it means the trial didn't follow legal rules which are necessary for a fair judgment. Because of the mistake in understanding the law, the court decided that the evidence wasn't enough to support the appellant's conviction for driving under the influence. As a result, they overturned the conviction and directed the lower court to dismiss the case. This means that the appellant's conviction is no longer valid, and there will be no punishment against him for the charges.

RE-2004-593

Post author:Staff
Post published:May 17, 2005
Post category:RE

In OCCA case No. RE-2004-593, the Appellant appealed his conviction for revoking his suspended sentence. In an unpublished decision, the court decided to affirm the revocation but modify the length of the sentence. One judge dissented. The case began when the Appellant, after pleading guilty to Sexual Battery, was sentenced to five years in prison, which was suspended under certain conditions. However, he did not follow these conditions, leading to the State filing a motion to revoke his suspended sentence multiple times. Initially, the Appellant missed treatment sessions, failed to pay necessary fees, and showed a lack of effort to engage in his treatment. After some violations, he had a short revocation of sixty days. Later, the State found he had violated other conditions, such as not registering as a sex offender and changing his residence without informing his probation officer. During the hearing, the judge decided that the Appellant had not followed the rules, thus revoking his suspended sentence and requiring him to serve five years in prison. The Appellant argued that since he had already lost sixty days, his remaining time should be less than five years. The State agreed, stating it should be four years and ten months instead. The court acknowledged the Appellant’s previous short revocation and made the necessary adjustment to his sentence length. Although the Appellant argued the full revocation was too harsh, the court upheld the trial judge’s decision, stating that it was within their discretion to revoke the sentence based on the Appellant's repeated failures to comply with probation rules. In conclusion, the court upheld the decision to revoke the Appellant's remaining suspended sentence but corrected the duration of time he was required to serve.

C-2003-1334

Post author:Staff
Post published:May 10, 2005
Post category:C

In OCCA case No. C-2003-1334, the petitioner appealed his conviction for multiple crimes, including unlawful possession of a controlled substance, possession of a firearm, and assault and battery with a deadly weapon. In an unpublished decision, the court decided to grant the petition for a writ of certiorari in part and deny it in part. One judge dissented. Rodney Taylor Glenn faced charges in three different cases in the District Court of Washington County. He made a plea agreement, which led to some charges being dropped in return for him waiving a preliminary hearing and pleading no contest. The judge accepted his plea and sentenced him to several years in prison for each of his charges. Later, Glenn wanted to withdraw his plea because he believed there were issues with how it was handled. He argued that the court did not check if he was mentally capable of understanding his plea, that there was not enough evidence for some of the charges, and that he was misinformed about the possible punishments. Glenn also claimed that he did not get the benefit of his agreement and that he did not have effective help from his lawyer. The court reviewed Glenn's arguments. It concluded that Glenn was competent to enter his plea and that there was enough evidence for most of the charges. However, the court agreed that there was not sufficient evidence to support one of the assault charges, which meant Glenn could withdraw his plea for that specific charge. Additionally, Glenn was correctly advised about some of the punishments but misinformed about others, which led to the decision to let him withdraw his plea on those counts as well. The court ultimately decided to keep some of the sentences but allowed Glenn to withdraw his plea for the assault charges and the possession of a firearm while committing a felony based on the errors found. In conclusion, the judgment and sentence were affirmed in part and reversed in part. Thus, Glenn was allowed to change his plea on certain counts, while other parts of his case remained unchanged.

C-2003-1334

Post author:Staff
Post published:May 10, 2005
Post category:C

In OCCA case No. C-2003-1334, Rodney Taylor Glenn appealed his conviction for various crimes. In a published decision, the court decided to allow Glenn to withdraw his plea for some charges but affirmed his conviction for others. One judge dissented. Rodney Taylor Glenn was charged with several crimes in Washington County. He made a deal with the State where some charges were dropped in exchange for him accepting a plea of nolo contendere, which means he didn't admit guilt but accepted the punishment. The judge sentenced him to a total of 35 years for some crimes and 20 years for others, with some sentences running consecutively and others concurrently. Glenn later wanted to change his plea, saying he wasn't fully advised of the possible punishments for his actions. He claimed that the court didn't check whether he was mentally fit to plead, and that he received wrong information about the sentencing ranges for some of his charges. He argued that he should be allowed to withdraw his plea since there was no solid factual basis for one of the charges—assault and battery with a deadly weapon. The court looked at Glenn's arguments carefully. They agreed that the trial court had checked enough to see that Glenn was able to plead. However, they found that they could not support the charge of assault and battery with a deadly weapon based on the facts presented. The court also agreed that Glenn had been given wrong information about the possible punishments for his actions. Because of these issues, the court ruled that Glenn could withdraw his plea for the assault and battery with a deadly weapon and a charge related to a firearm, but they upheld the convictions for the other charges. The final decision meant Glenn was allowed to change his plea for some charges, but the original convictions on others were kept. One judge did not agree with the decision to let Glenn withdraw his plea, arguing that Glenn had made a bargain and should not benefit from mistakes made during the process. This dissent highlighted the complexity of plea agreements and the expectation that all parties would honor the deal made.

F-2003-991

Post author:Staff
Post published:May 6, 2005
Post category:F

In OCCA case No. F-2003-991, James Preston Ray, Sr., appealed his conviction for manufacturing methamphetamine. In a published decision, the court decided that while Ray's conviction and life imprisonment sentence were affirmed, the $50,000 fine imposed was vacated. One judge dissented regarding the vacation of the fine. The case was about Ray being found guilty of making methamphetamine after a trial where the jury heard evidence about his prior felony convictions. Ray argued that he did not get a fair trial due to several problems with how the trial was handled. He listed eight points of error. One major point was that he believed the jury was incorrectly told about the punishments they could give him. He also argued that the court should not have let evidence of his previous convictions be shown to the jury and that this influenced their decision unfairly. Ray claimed that the evidence of his guilt was not strong enough, and he thought the fine he was given was too high. He also said that all the mistakes made together took away his chance for a fair trial. The court reviewed these claims. They specifically looked at his concerns about the instructions the jury received regarding punishment. They noted that Ray was charged under a law that set his punishment between seven years and life in prison. Because Ray had prior convictions, he could be sentenced to a longer term. The law had been changed in 2002, meaning that the state could ask for both a longer imprisonment and additional fines for drug offenses. However, the state did not ask for the jury to be instructed about the fine, which led to the decision to vacate it. Ray also questioned whether the state could present the second page of the Information that listed his prior offenses, but the court ruled that he had agreed to those charges beforehand and did not raise any objections at the right times during the process. In the end, the court found that the evidence against Ray was sufficient for the conviction, and even though there were some mistakes, they did not change the trial's outcome. Therefore, his conviction and life sentence were upheld, but the fine was removed because it was not properly included in his penalty based on the law at the time. One judge, however, believed that the fine should not have been removed, stating that the changes made by the legislature allowed for both a longer sentence and a fine.

RE-2004-584

Post author:Staff
Post published:April 27, 2005
Post category:RE

In OCCA case No. RE-2004-584, Sarah Mae Jones appealed her conviction for possession of a controlled dangerous substance (cocaine). In a published decision, the court decided to affirm the revocation of her suspended sentence but modified it to reflect two years and ten months instead of the full sentence. One dissenting opinion was noted. Sarah Mae Jones had initially entered a guilty plea on October 18, 2001, for possession of cocaine and was sentenced to three years in prison, which was suspended. This meant she wouldn't have to serve time in jail if she followed certain rules. However, after violating her probation, she had parts of her suspended sentence revoked on two different occasions. The first revocation happened because she did not meet some requirements like reporting in person, maintaining a job, and avoiding illegal drugs. This led to a 60-day revocation. The second time, in March 2004, the state argued that she had again broken the rules of her probation. The court held another hearing where the judge decided to revoke her entire suspended sentence. On appeal, Jones claimed there wasn't enough evidence to support the complete revocation of her sentence. However, the court found that her own admissions during the hearing showed she had indeed violated her probation terms, which justified the judge’s decision. They explained that proving a violation only needs to show that it was likely she broke the rules, not to have a witness directly see it happen. In her second argument, Jones said the decision to revoke her entire suspended sentence without giving her credit for time already served was too harsh. The state agreed with her on this point, and upon reviewing her case, the court modified the revocation to two years and ten months, accounting for the time she had already spent under the suspended sentence. In conclusion, the court upheld the decision to revoke her suspended sentence but adjusted the length of that sentence to better reflect the circumstances.

M-2004-66

Post author:Staff
Post published:April 5, 2005
Post category:M

In OCCA case No. M-2004-66, Foy Anthony Boyd appealed his conviction for Driving While Impaired (DWI). In a published decision, the court decided to reverse Boyd’s judgment and sentence and remand for a new trial. One judge dissented. Boyd was convicted in the District Court of Coal County after a jury trial. He was sentenced to pay court costs and a fine because he was found guilty of DWI. Boyd argued that he should not have been convicted because he believed the results of his breath test should not have been used as evidence. He claimed that the rules about how the breath test should be given were not followed, so the results were not valid. The state, which was against Boyd in the case, argued that they did not make a mistake and that there was enough evidence to convict him without the breath test results. However, the court pointed out that it was the responsibility of the state to prove that all rules were followed when giving the breath test. The state did not show what the relevant rules were or that the officers followed them properly. Boyd presented evidence showing that the breath test was not conducted according to the rules that the Board had in place. The state just had officers say they believed the rules were followed without providing the actual rules or clearing up the concerns about them. The court decided that this was a significant error. Even though officers testified that Boyd showed signs of being impaired before the breath test was done, the court concluded that the use of the test in the trial was a violation of Boyd's rights. Since the state didn't prove that the breath test was done correctly, the court believed Boyd deserved a new trial. Boyd asked for his conviction to be completely dismissed. However, the court felt that it was fairer to allow the state to have another chance to present the case with proper evidence. If the state could show that the breath test was given correctly in the retrial, they could use those results against Boyd. The court ordered that Boyd's conviction be overturned and that the case be sent back for a new trial where the state could fix the issues with the evidence. In the dissenting opinion, the judge believed that the evidence supporting Boyd’s conviction was strong enough even without the breath test. This judge pointed out that the officers had seen signs of intoxication in Boyd, like the smell of alcohol, his bloodshot eyes, and his poor performance on sobriety tests. The judge argued that Boyd's guilty verdict should stand since traditional signs of impairment by officers could be enough for a conviction.

F-2004-82

Post author:Staff
Post published:March 29, 2005
Post category:F

In OCCA case No. F-2004-82, Billy Dale Lathrop appealed his conviction for multiple crimes, including conspiracy to manufacture methamphetamine and child endangerment. In a published decision, the court decided to affirm the convictions for conspiracy, possession of methamphetamine, possession of precursor chemicals, and possession of paraphernalia, but to reverse the convictions for child endangerment. Three judges dissented regarding one of the convictions.

F-2003-1297

Post author:Staff
Post published:March 2, 2005
Post category:F

In OCCA case No. F-2003-1297, Thomas Edward Gale appealed his conviction for multiple drug-related offenses. In a published decision, the court decided to uphold most of his convictions but reversed one of them. One judge dissented. During the trial, Gale was found guilty of making methamphetamine and possessing certain substances that can be used to create drugs. He received a long prison sentence and a hefty fine. Gale argued that he should not have been punished twice for having two different precursor substances without a permit and also claimed that some of the evidence against him was not strong enough. The court found that Gale's actions of making meth and having precursor substances without a permit were different crimes, so it was okay for him to be convicted for both. However, they agreed that he should not have been convicted for both types of precursor substances because that counted as one crime. So, they reversed that part of the decision. The court decided that there was enough evidence to prove that Gale was keeping a place where drugs were used and sold. They also concluded that his sentence and fine were appropriate. In the end, the court upheld Gale's sentences for most of the crimes but dismissed one of the precursor possession convictions.

J-2004-1117

Post author:Staff
Post published:March 2, 2005
Post category:J

In OCCA case No. J-2004-1117, the appellant appealed his conviction for First Degree Murder and three counts of Assault with Intent to Kill. In a published decision, the court decided to affirm the denial of the appellant's request to be certified as a Youthful Offender but reversed the decision regarding the Assault charges, allowing those to be tried as a Youthful Offender. One judge dissented. The case began when the appellant was charged as an adult with serious crimes, including murder. The appellant wanted to be treated as a Youthful Offender, which would mean he could receive rehabilitation instead of severe punishment. A special judge conducted hearings to decide if the appellant could be certified as a Youthful Offender, meaning he would be tried in a different system designed for young people. During the hearings, expert witnesses gave differing opinions about whether the appellant could be helped and rehabilitated if treated as a Youthful Offender. One expert believed the chances were good, while others thought the appellant needed more time to be rehabilitated. Based on all the information and expert opinions, the judge decided not to certify the appellant as a Youthful Offender and instead required him to be tried as an adult for the murder charge. On appeal, the appellant argued three main points: first, that the judge made a mistake by not certifying him as a Youthful Offender, second, that the judge should have removed himself from the case, and third, that he should not have been charged as an adult for the Assault with Intent to Kill counts since those should be treated as Youthful Offender crimes. The court looked at the evidence presented in the trial, including testimonies from experts and details of the appellant's life. The conclusion was that the judge did not abuse his discretion in deciding the appellant should be tried as an adult for the murder charge. However, the court did agree with the appellant concerning the Assault with Intent to Kill charges; since he was between 15 and 17 and those charges are typically handled differently, the court ordered that he be processed as a Youthful Offender for those counts. In the end, the court upheld the decision regarding the murder charge but reversed the decision on the Assault with Intent to Kill charges, indicating that the appropriate course was for those to be treated under the Youthful Offender system.

F-2004-198

Post author:Staff
Post published:February 28, 2005
Post category:F

In OCCA case No. F-2004-198, Clonnie A. Layman appealed his conviction for trafficking in illegal drugs (methamphetamine) and driving under the influence of alcohol. In a published decision, the court decided that Layman was entitled to a new trial because the trial court made a mistake by allowing the exclusion of a minority juror without a valid reason. One judge dissented.

F-2003-1278

Post author:Staff
Post published:January 31, 2005
Post category:F

In OCCA case No. F-2003-1278, James Lorenzo Devers appealed his conviction for Inducing a Minor to Engage in Prostitution and Indecent Proposal to a Child. In an unpublished decision, the court decided to affirm the convictions with some modifications. One judge dissented. Devers was tried in Tulsa County and found guilty of multiple charges involving sexual misconduct with teenage boys. The jury sentenced him to life imprisonment with fines after considering testimonies from three victims who claimed Devers offered them money to perform sexual acts. Despite some conflicting details regarding the timing of his proposal, the evidence against Devers was strong, including his own confession about some of the offenses. The appeal included several arguments. One claim was about the trial court's decision not to separate the charges for trial. The court maintained that the offenses were connected and reflected a consistent pattern of behavior, justifying their joint consideration. The court found no prejudice in trying the counts together. Devers also argued the jury was given incorrect instructions regarding the punishment for his indecent proposal charge. However, the court noted that the error did not change the outcome since he would have received the same sentence even under the correct guideline. Another point of appeal was regarding whether the jury was informed about parole eligibility. The court ruled the instructions were appropriate since the charges in question did not include those that required serving a certain percentage of the sentence before being eligible for parole. The court acknowledged that there was a mixing of punishment provisions in the instructions but decided any fines would be adjusted because of that error. Ultimately, after reviewing all claims, the court upheld the convictions but modified the fine amount for Devers' offenses. The judgment was affirmed with modifications, while one judge expressed disagreement with some aspects of the decision.

F-2004-184

Post author:Staff
Post published:January 21, 2005
Post category:F

In OCCA case No. F-2004-184, Kenneth Kelmer Jackson appealed his conviction for Accessory After the Fact to First-Degree Murder and Knowingly Concealing Stolen Property. In an unpublished decision, the court decided to affirm the conviction for Accessory After the Fact but reversed the conviction for Knowingly Concealing Stolen Property with instructions to dismiss that charge. One judge dissented. Kenneth was found guilty of helping someone after a murder had taken place and for hiding stolen items. The jury said he should go to prison for 14 years for the murder accessory charge and 5 years for the second charge, which would be served one after the other. On appeal, Kenneth argued that he should not be punished for both crimes since they came from the same act. The court agreed with him on this point and reversed the second conviction. Though they looked at his other claims about the trial not being fair, they decided they did not change the outcome of the case. In the end, the court said he could remain guilty of being an accessory to murder, but the charge regarding hiding stolen property was removed. One judge disagreed with part of this decision.

C 2004-69

Post author:Staff
Post published:January 19, 2005
Post category:C

In OCCA case No. C 2004-69, McCarroll appealed his conviction for unlawful distribution of a controlled dangerous substance (CDS) and possession of CDS in the presence of a child. In an unpublished decision, the court decided to grant McCarroll's petition for a writ of certiorari. One judge dissented. The case involved Corey Dion McCarroll, who pleaded guilty to multiple charges, which included selling drugs near a daycare center and having drugs while a child was present. McCarroll was sentenced to a total of 60 years in prison, with some hefty fines. After feeling that he didn't get a fair trial and claiming he was innocent, McCarroll asked the judge to let him change his plea. McCarroll raised several reasons for his appeal. He argued that the charges for selling drugs near a daycare didn't apply because the law was not in effect at the time of his actions. He believed that his guilty pleas were not entered knowingly, and he felt the judge was unfair in giving him consecutive sentences, which made them seem too harsh. McCarroll also claimed that his lawyer didn't represent him properly. The court reviewed all the details of the case and decided favorably for McCarroll. They found that the law didn't fully apply to his situation when he was charged with the first two counts. Therefore, the court changed these charges to a different type of drug offense that was valid at that time. They also modified the sentences, stating that some of them should run at the same time (concurrently) rather than one after the other (consecutively). Overall, while the court granted McCarroll some relief in his appeal by changing the charges and modifying the sentences, they did not agree that his lawyer's help was inadequate enough for his plea to be withdrawn. Thus, the decisions were adjusted to ensure fairness while still holding McCarroll accountable.