F Archives - Page 2 of 39

F-2017-1294

Post author:Staff
Post published:May 6, 2021
Post category:F

In OCCA case No. F-2017-1294, #1 appealed his conviction for #2. In an unpublished decision, the court decided #3. #4 dissented. The case involved Terrance Lucas Cottingham, who was found guilty of robbery with a dangerous weapon after having been previously convicted of two or more felonies. The conviction took place in the District Court of Washington County, where he was sentenced to 25 years in prison. He would have to serve 85% of his sentence before being eligible for parole. Cottingham argued that the court did not have the right to prosecute him because of his status as a member of the Osage Nation and because the crime occurred in what he believed to be Indian Country, specifically the Cherokee Nation's boundaries. He cited a federal law and a Supreme Court decision, McGirt v. Oklahoma, to support his argument. The Oklahoma Court of Criminal Appeals decided to send Cottingham's case back to the lower court for a hearing to examine his Indian status and the location of the robbery. They said that Cottingham needed to show that he had Indian blood and was recognized as an Indian by the tribe or by the federal government. If he could prove this, then it would be up to the state to show that it had jurisdiction to prosecute him. During the hearing, Cottingham and the Cherokee Nation agreed on certain facts. They confirmed that he had a degree of Indian blood and was a member of the Osage Nation at the time of the robbery. They also agreed that the robbery happened within the geographic area defined by treaties establishing the Cherokee Nation. The court found that Cottingham was indeed a member of the Osage Nation and that the robbery occurred in Indian Country based on their analysis of the law and treaties. This evidence showed that the state of Oklahoma did not have the legal right to prosecute Cottingham for the crime. The appeals court ultimately agreed with the findings of the lower court and concluded that Oklahoma did not have jurisdiction over the case. Therefore, they reversed Cottingham's conviction and instructed the District Court to dismiss the case. In summary, Cottingham's conviction was undone because it was determined that he was an Indian and that the crime took place in Indian Country. Consequently, the state court did not have the authority to prosecute him.

F-2019-196

Post author:Staff
Post published:April 29, 2021
Post category:F

In OCCA case No. F-2019-196, Dakota Shay Fox appealed his conviction for Murder in the First Degree. In a published decision, the court decided that the State of Oklahoma did not have jurisdiction to prosecute Fox, and therefore, the case was reversed and remanded with instructions to dismiss. One judge dissented.

F-2017-1279

Post author:Staff
Post published:April 29, 2021
Post category:F

In OCCA case No. F-2017-1279, Dakota James Alleyn Shriver appealed his conviction for Second Degree Murder, Accessory After the Fact, and misdemeanor Obstructing an Officer. In an unpublished decision, the court decided that the State of Oklahoma did not have jurisdiction to prosecute him. One judge dissented. Dakota Shriver was found guilty by a jury and sentenced to serve time for various charges. Shriver argued that he should not have been tried in state court because he is a citizen of the Cherokee Nation and the crime happened on land that is considered Indian Country. This argument was based on a previous case, McGirt v. Oklahoma, which changed how some crimes are viewed depending on whether they happen on Native American land. The court decided to look into these claims further and sent the case back to the lower court to gather more information. The lower court held a hearing to determine if Shriver was indeed an Indian and if the crime occurred on a reservation. After the hearing, the lower court found Shriver was a member of the Cherokee Nation and that the crime did happen within the boundaries set for the reservation. The evidence showed that Shriver had a certain amount of Cherokee blood and was a recognized member of the Cherokee Nation at the time of the crime. The court found that the United States Congress had established a reservation for the Cherokee Nation, and no evidence existed to prove that Congress had removed those boundaries. Both parties were allowed to respond to the findings from the lower court. Shriver's team argued that the court should agree with the lower court's findings because they were backed by the evidence presented. The state agreed with these findings but asked for time to look at the case again in terms of whether they could charge Shriver under different laws. After considering everything, the court agreed with the findings of the lower court and decided that the state did not have the right to prosecute Shriver. Therefore, they overturned the convictions and told the lower court to dismiss the case.

F-2017-1203

Post author:Staff
Post published:April 29, 2021
Post category:F

In OCCA case No. F-2017-1203, Victor Manuel Castro-Huerta appealed his conviction for child neglect. In an unpublished decision, the court decided that Oklahoma did not have jurisdiction to prosecute him, based on a prior ruling regarding Indian territory laws. One judge dissented, expressing concerns about the implications of the ruling and the handling of precedents.

F-2017-1000

Post author:Staff
Post published:April 29, 2021
Post category:F

In OCCA case No. F-2017-1000, Sonny Raye McCombs appealed his conviction for several crimes including robbery, using a vehicle in a crime, possessing a firearm, larceny, and obstructing an officer. In an unpublished decision, the court decided to reverse the convictions and dismiss the case. McCombs argued that the court did not have jurisdiction over his case because he is a member of the Muscogee (Creek) Nation and the crimes happened on Native American land, which is called Indian Country. The court agreed that the State of Oklahoma could not prosecute him for these crimes because of the legal rulings made in earlier cases regarding Indian rights and territories. The majority of the judges emphasized that the crimes took place in areas still recognized as part of Indian Country, leading to the conclusion that the state lacked the authority to prosecute him. One judge dissented, expressing concerns over the majority opinion and its implications for federal and state law relationship.

F-2017-357

Post author:Staff
Post published:April 29, 2021
Post category:F

In OCCA case No. F-2017-357, Shawn Lee McDaniel appealed his conviction for First Degree Murder. In an unpublished decision, the court decided to vacate the judgment and sentence, remanding the matter with instructions to dismiss. The main issue in this case was whether the victim was considered an Indian under federal law and whether the crime took place in Indian country, which is defined as land within the boundaries of Indian reservations. Both questions were answered affirmatively. The court looked to a previous case, McGirt v. Oklahoma, which established that certain lands in Oklahoma were still recognized as Indian reservations under federal law. McDaniel’s appeal was based on the fact that the murder occurred within the historic boundaries of the Cherokee Nation and that the victim was a recognized member of the Cherokee Nation at the time of his death. The court remanded the case to a lower court, which found that both of these conditions were true, meaning federal, not state, authorities had jurisdiction over the case. The court’s decision concluded that since the crime fell under the federal jurisdiction, the state of Oklahoma did not have the authority to prosecute McDaniel. Consequently, the judgement was vacated, and the matter was directed to be dismissed. While most judges agreed with the results, there were dissenting opinions which expressed concern and highlighted issues within the majority opinion, particularly regarding its adherence to historical precedents and the implications of McGirt's ruling.

F-2016-1030

Post author:Staff
Post published:April 29, 2021
Post category:F

In OCCA case No. F-2016-1030, David Deval Martin appealed his conviction for First Degree Murder. In a published decision, the court decided to reverse the conviction and remand the case for dismissal. No one dissented. David Deval Martin was found guilty of First Degree Murder after a jury trial in McIntosh County. The judge sentenced him to life in prison without the chance of parole. Martin argued that the court did not have the authority to try him because he is a member of the Muscogee (Creek) Nation, and the crime occurred on tribal land. The court looked at an important case called McGirt v. Oklahoma, which helped answer Martin’s questions about his status as an Indian and where the crime took place. They sent the case back to the local court for a closer look. There, it was determined through evidence that Martin is a member of the Creek Nation with some Indian blood, and the crime occurred within the Creek Nation’s territory. After the local court reviewed the evidence and found in favor of Martin, both sides agreed on important facts about his identity and where the crime occurred. Because of this, the higher court concluded that the state of Oklahoma did not have the right to prosecute Martin under these circumstances. As a result, they overturned the conviction and told the lower court to dismiss the charges against him.

F-2019-115

Post author:Staff
Post published:April 8, 2021
Post category:F

In OCCA case No. F-2019-115, Beck appealed his conviction for multiple serious crimes, including First Degree Burglary and Assault with a Dangerous Weapon. In a published decision, the court decided that the State of Oklahoma did not have the authority to prosecute him because he is recognized as an Indian and the crimes occurred in what is considered Indian Country. The result was that Beck's convictions were overturned, and the case was sent back with instructions to dismiss the charges. There was a dissenting opinion regarding the application of the law.

F-2018-830

Post author:Staff
Post published:April 8, 2021
Post category:F

In OCCA case No. F-2018-830, Charles Michael Cooper appealed his conviction for First Degree Murder, First Degree Arson, First Degree Burglary, and Second Degree Rape by Instrumentation. In an unpublished decision, the court decided that the State of Oklahoma did not have jurisdiction to prosecute Cooper because he is an enrolled member of the Chickasaw Nation and the crimes occurred within the boundaries of the Chickasaw Nation Reservation. The judgment and sentence were vacated, and the matter was remanded with instructions to dismiss the case. A Judge dissented regarding the conclusion about the Chickasaw Reservation's status.

F-2017-1245

Post author:Staff
Post published:April 8, 2021
Post category:F

In OCCA case No. F-2017-1245, Jeffery Arch Jones appealed his conviction for five counts of Sexual Abuse-Child Under 12. In an unpublished decision, the court decided that the State of Oklahoma did not have jurisdiction to prosecute him because he is a member of the Cherokee Nation, and the crimes occurred within the boundaries of the Creek Reservation. The conviction and sentence were reversed, and the case was remanded with instructions to dismiss. One judge dissented.

F-2017-336

Post author:Staff
Post published:April 8, 2021
Post category:F

In OCCA case No. F-2017-336, Bea Ann Epperson appealed her conviction for two counts of Embezzlement of Building Trust. In an unpublished decision, the court decided to reverse her convictions and remand the case with instructions to dismiss. One judge dissented. Bea Ann Epperson was found guilty in a trial without a jury for embezzling money related to a building trust. She was sentenced to five years in prison for each count, but her sentences were suspended, meaning she wouldn’t serve time unless she violated certain conditions. Epperson believed that the court did not have the right to try her case because she is a member of the Cherokee Nation, and the victims might be part of the Creek Nation, with the crimes happening on Creek Reservation land. This argument was connected to a U.S. Supreme Court decision called McGirt v. Oklahoma, which deals with whether certain areas are considered Indian Country. The questions involved were Epperson's Indian status, the status of the victims, and the location of the crimes. Because these questions needed more fact-finding, the case was sent back to the District Court. At a hearing to gather more details, it was determined that Epperson had some Indian blood (3/64th degree) and was recognized as a member of the Cherokee Nation. It was also confirmed that the crimes took place within the boundaries of the Creek Reservation. The court accepted these agreements made by both sides regarding what the evidence would show. In a later brief, the State supported the District Court’s findings, but wanted time to consider whether to file new charges against Epperson. After reviewing everything, the court agreed Epperson had shown she was an Indian and that the crimes happened in Indian Country, thus the State of Oklahoma did not have the right to try her. The court reversed the judgment of Epperson's convictions and sent the case back to be dismissed, meaning she wouldn't face charges for the embezzlement anymore.

F-2020-208

Post author:Staff
Post published:April 1, 2021
Post category:F

In OCCA case No. F-2020-208, Ryan Cortland Johnson appealed his conviction for Murder in the First Degree. In a published decision, the court decided to vacate the judgment and sentence and remand the case with instructions to dismiss. One judge dissented. Ryan was found guilty of murder and sentenced to life in prison, meaning he would have to serve 85% of his sentence before being eligible for parole. He argued that the state court did not have the right to try him based on a Supreme Court decision from 2020 called McGirt v. Oklahoma. In this case, it was determined that certain crimes committed by members of federally recognized tribes on tribal land could not be prosecuted in state courts. Ryan Johnson claimed he was a member of the Chickasaw Nation and that the murder happened on Creek Nation tribal land, which is considered a reservation. The court allowed him to challenge its jurisdiction. The case was sent back to the district court for an evidentiary hearing, but the parties involved agreed on certain facts, which meant a hearing was not necessary. They confirmed that Ryan is a member of the Chickasaw Nation and that the crime took place on land owned by the Creek Nation. After reviewing the facts, the district court found that Ryan is indeed an Indian under federal law and that the crime took place in the Creek Nation boundaries. Therefore, the state court did not have the authority to charge him with murder based on the findings in the McGirt case. Because of this ruling, the court granted Ryan's appeal, decided the state court had no jurisdiction, and instructed that the case be dismissed.

F-2020-46

Post author:Staff
Post published:April 1, 2021
Post category:F

In OCCA case No. F-2020-46, Robert William Perry, II appealed his conviction for five counts of sexual abuse of a child under 12. In an unpublished decision, the court decided to reverse and remand the case to the lower court with instructions to dismiss. One judge dissented. Perry was originally found guilty and sentenced to lengthy prison terms, including life imprisonment. He claimed that the State of Oklahoma did not have jurisdiction to prosecute him for these crimes. This claim was supported by federal law and a recent Supreme Court decision. The court agreed to hold a hearing to look into Perry's status as an Indian and whether the crimes took place within the boundaries of the Muscogee (Creek) Nation, which is a federally recognized tribe. During the hearing, both parties agreed on certain facts: Perry was a registered member of the Muscogee (Creek) Nation and had tribal blood, and the crimes occurred within that Nation's historical boundaries. The lower court found that Perry is considered an Indian under the law and confirmed that the crimes happened on the reservation. Following this, the appeals court determined that the state court did not have the authority to prosecute Perry based on the legal principles established in the recent Supreme Court case. Therefore, the appeal led to the decision to reverse Perry's conviction and dismiss the case.

F-2017-889

Post author:Staff
Post published:April 1, 2021
Post category:F

In OCCA case No. F-2017-889, Joseph Stanley Harjo appealed his conviction for Child Sexual Abuse. In a published decision, the court decided to reverse the conviction and remand the case to the District Court of Muskogee County with instructions to dismiss. One judge dissented. Harjo was convicted in a trial where the jury sentenced him to life imprisonment. He argued that the court did not have the right to try him because he is a member of the Creek Nation, and the crime occurred within the Creek Reservation. This raised important questions about whether he is legally recognized as an Indian and if the crime took place on tribal land. The case was sent back to the District Court for a fact-finding hearing, where it was determined that Harjo is 1/4 Indian blood, a member of the Muscogee (Creek) Nation, and that the crime took place within the jurisdiction of the tribe. Both parties agreed on these facts, leading the District Court to conclude that the state did not have the authority to prosecute Harjo. After careful review of the case and the findings from the evidentiary hearing, the court determined that Harjo was indeed an Indian under federal law, and the crime occurred in Indian Country. Therefore, the state had no jurisdiction over the case. The court reversed the judgment and sent the case back to be dismissed.

F-2019-68

Post author:Staff
Post published:March 25, 2021
Post category:F

In OCCA case No. F-2019-68, Johnny Edward Mize, II appealed his conviction for First Degree Manslaughter (Heat of Passion). In a published decision, the court decided that the District Court did not have jurisdiction to prosecute Mize. Mize had claimed that the State of Oklahoma did not have the authority to prosecute him because the victim was part of a federally recognized tribe and the crime occurred within a reservation. The court supported this claim after an evidentiary hearing, confirming that the victim had Indian status and that the crime happened in the boundaries of the Muscogee Creek Reservation. As a result, the original judgment and sentence were vacated, and the matter was sent back to the district court with instructions to dismiss the case. The decision relied on previous case law stating that Oklahoma does not have jurisdiction over crimes involving Indian victims that take place on tribal land.

F-2016-937

Post author:Staff
Post published:March 25, 2021
Post category:F

In OCCA case No. F-2016-937, Erik Sherney Williams appealed his conviction for First Degree Murder. In an unpublished decision, the court decided that the district court did not have jurisdiction to try Williams for murder because of the victim's status as an Indian and the location of the crime being on the Muscogee Creek Nation Reservation. The court vacated the judgment and sentence and instructed to dismiss the case. One judge dissented.

F-2019-420

Post author:Staff
Post published:March 18, 2021
Post category:F

In OCCA case No. F-2019-420, Donta Keith Davis appealed his conviction for robbery with a dangerous weapon and assault with a dangerous weapon. In a published decision, the court decided to vacate Davis's judgment and sentence, meaning he would no longer be convicted of the crimes he was charged with. The court also instructed for the case to be dismissed. One judge dissented from the majority opinion.

F-2018-78

Post author:Staff
Post published:March 18, 2021
Post category:F

In OCCA case No. F-2018-78, Jordan Batice Mitchell appealed his conviction for First Degree Murder. In an unpublished decision, the court decided that the State of Oklahoma did not have jurisdiction to prosecute him. This means that the court could not judge this case because it involved issues concerning his status as an Indian and the location of the crime being within the Muscogee Creek Reservation. The finding was based on a previous case, McGirt v. Oklahoma, which affected how certain crimes involving Native Americans are prosecuted. Consequently, the court vacated Mitchell's sentence and remanded the case with instructions to dismiss it. There was a dissenting opinion regarding the decision, as one judge expressed concerns about the implications of the ruling.

F-2017-1186

Post author:Staff
Post published:March 18, 2021
Post category:F

In OCCA case No. F-2017-1186, Shannon James Kepler appealed his conviction for First Degree Manslaughter. In a published decision, the court decided that the State of Oklahoma did not have jurisdiction to prosecute Kepler. The court found that he is an Indian and that the crime happened within the boundaries of the Muscogee Creek Nation Reservation. Therefore, the court granted his appeal and vacated the conviction. One judge dissented.

F-2016-453

Post author:Staff
Post published:March 18, 2021
Post category:F

In OCCA case No. F-2016-453, Grant N. Jackson, IV appealed his conviction for Child Abuse by Injury. In an unpublished decision, the court decided that the State of Oklahoma did not have jurisdiction to prosecute Jackson due to the circumstances of the case. Jackson's conviction was found to be invalid, and the court instructed to dismiss the case. One judge dissented.

F-2019-369

Post author:Staff
Post published:March 4, 2021
Post category:F

In OCCA case No. F-2019-369, Collins appealed his conviction for assault with a dangerous weapon. In a published decision, the court decided to affirm the conviction and sentence of twenty-five years imprisonment but vacated and remanded the restitution and fees due to errors in their assessment. One judge dissented. Joseph Willis Collins was found guilty by a jury for committing assault with a dangerous weapon. He faced this trial in Comanche County where he was sentenced to spend twenty-five years in prison and was ordered to pay restitution and court costs. Collins claimed that several things went wrong during his trial that justified overturning his conviction. First, Collins argued that when he asked police if he could go back downstairs, it meant he wanted to stop talking to them, and police should have immediately respected that request. He believed this request was an important part of his rights, which should not have been pushed aside during the questioning. However, the court decided that even though admitting his statements without considering his right not to speak was a mistake, it was not significant enough to change the outcome of the case because there was a lot of clear evidence proving he was guilty. Next, Collins argued that some embarrassing information from his cellphone should not have been used against him during the trial. He thought that this evidence made it hard for him to get a fair trial because it focused on his relationships in a negative way. However, the court did not find this evidence to be unfairly prejudicial, as it was used to help explain details relevant to the case. Collins also believed that his lawyer did not competently defend him, especially regarding the use of the testimony linked to the cellphone and the earlier statements made to police after he asked to stop being questioned. The court looked at all these claims and found that there were no significant mistakes made by Collins’s lawyer that affected the trial's outcome. The other issues Collins raised were about financial matters from his sentencing. Collins was ordered to pay $7,504 in restitution for the victim’s losses, but the court admitted this amount wasn't properly justified, so they decided it should be determined again. The court also acknowledged a mistake in charging Collins a $1,500 indigent defense fee instead of the maximum allowed of $1,000. There was also a dispute about the juror fees that Collins thought were incorrectly calculated, but since he did not raise this objection during the trial, the court decided not to change this part of the decision. In the end, the court upheld the conviction and the lengthy sentence Collins received. They ordered the lower court to redo the calculations for restitution and the indigent defense fee to comply with the law and ensure a fair process. The judgment of conviction and the twenty-five-year prison sentence were upheld, while the restitution and indigent fees were vacated and remanded for further action.

F-2018-336

Post author:Staff
Post published:January 21, 2021
Post category:F

In OCCA case No. F-2018-336, Donnie Graham appealed his conviction for first degree rape. In an unpublished decision, the court decided to modify his sentence to include three years of post-imprisonment community supervision but otherwise affirmed the conviction. One judge dissented. The case began when Donnie Graham was found guilty of first degree rape after a jury trial. He was sentenced to fifteen years in prison and a fine. The case was heard in the District Court of Comanche County. Graham's main argument was about his right to have effective legal help during his trial. He claimed that his lawyer did not investigate earlier rape claims made by the victim and did not present evidence that could have proved those claims were false. He insisted that because of his lawyer's mistakes, he did not get a fair trial. The court looked closely at this claim. They first checked if Graham’s lawyer did not do their job properly according to professional standards. They needed to see if the lawyer's performance was bad enough to have affected the trial's outcome. After reviewing everything, the court decided that Graham did not show enough proof that his lawyer was ineffective. They denied Graham's request for a hearing to further examine his claims. Overall, the court changed his sentence to include three years of supervision after his prison time but upheld the decision regarding his guilt.

F-2019-588

Post author:Staff
Post published:January 14, 2021
Post category:F

In OCCA case No. F-2019-588, Ricky Eugene Spencer appealed his conviction for two counts of Shooting with Intent to Kill. In an unpublished decision, the court decided to vacate the judgment and sentence and remand the case for a new trial. One judge dissented. Ricky Eugene Spencer was found guilty of shooting at two people, which led to his conviction. The trial took place in Muskogee County, where the jury decided on a twenty-year sentence for each count. However, the judge allowed for some of that time to be suspended and had conditions for probation. During his appeal, Spencer raised several issues, but one stood out: the jury was given the wrong instructions about transferred intent. This is a legal concept that says if someone means to hurt one person but accidentally hurts someone else, the intent to harm can still apply to the actual victim. The court found there was indeed an error in how the jury was instructed. Spencer did not challenge the instruction during the trial, so the court reviewed the mistake under plain error, meaning it was an obvious error that affected the fairness of the trial. The judge explained that the jury was incorrectly told they could find Spencer guilty of intent to kill based on a lesser intention to injure or scare someone else. This meant they could convict him without the proof needed for a serious crime like shooting with intent to kill. The prosecution argued that Spencer aimed to kill one person and mistakenly shot two bystanders. However, the trial's instructions could have allowed the jury to convict him based on weaker proof than required. During discussions, the jury showed they weren't completely convinced, asking questions that suggested they were unsure. The prosecutor's arguments during the trial also emphasized the wrong aspects of the law, pushing the jury toward an improper conclusion. Overall, the court could not be sure that the jury understood what they needed to prove. Therefore, they ruled that the error affected Spencer's rights significantly, requiring a new trial to ensure fairness. The decision means that Spencer would get another chance to defend himself in court, as the guidelines for convicting him were not properly explained the first time.

F-2019-310

Post author:Staff
Post published:December 10, 2020
Post category:F

In OCCA case No. F-2019-310, Kedrin Ray Dixon appealed his conviction for first-degree burglary, sexual battery, and possession of a controlled dangerous substance. In a published decision, the court decided to modify the sentence for sexual battery to ten years imprisonment, making it consecutive to the other sentence, and otherwise affirmed the convictions. One judge dissented regarding the modification of the sentence for sexual battery. Dixon was found guilty by a jury on multiple counts after a trial in the District Court of Washington County. The jury sentenced him to twenty years in prison for burglary and sexual battery, and one year for possession of a controlled substance. The trial judge ordered the sentences for burglary and sexual battery to be served back-to-back. Dixon then appealed, raising several points of error, including issues related to jury instructions and evidence. The first issue was about the trial judge not mentioning that he was presumed innocent in the instructions at the start of the trial. The court found this error was not significant since the final instructions did include the presumption of innocence. Next, Dixon claimed that the evidence was not strong enough for the first-degree burglary conviction. The court disagreed, stating that there was enough evidence for a reasonable jury to find him guilty. Dixon also argued that he should have been allowed to present evidence regarding his intoxication at the time of the crime. The court ruled that the trial judge had the right to refuse his request since the evidence did not clearly support intoxication as a defense. Another point of concern for Dixon was what he called evidentiary harpoons, which are when comments are made that suggest knowledge of other crimes. The court found that he did not object to these comments at the trial and they did not seriously affect the verdict. Dixon claimed that he was unfairly prevented from presenting a full defense regarding reports of his previous erratic behaviors. The court decided that these reports were not very relevant to his defense and that excluding them did not significantly harm his case. A notable issue was a mistake in how the jury was informed about the potential punishment for sexual battery. The trial judge incorrectly stated that it could be punished by twenty years, which was incorrect. The State agreed that this was an error. Instead of sending Dixon back for a new trial, the court decided to lower his sentence for sexual battery to ten years because of this error. Dixon stated that his total sentences were too harsh, but after reviewing the circumstances, the court determined that the sentences were acceptable even after the changes made to one of them. Lastly, Dixon argued that there were too many errors in the case that made it unfair for him. The court did acknowledge the instructional error but believed there were no other significant errors affecting the outcome of the trial. In summary, the court modified Dixon's sentence for sexual battery and kept the other parts of his conviction intact. The final decision still upheld his guilty verdicts on all counts.

F-2019-149

Post author:Staff
Post published:October 8, 2020
Post category:F

In OCCA case No. F-2019-149, Kimberli Sue Dunham appealed her conviction for multiple drug-related offenses. In an unpublished decision, the court decided to affirm the trial court's decision to terminate her from Drug Court and impose her sentences. One judge dissented. Dunham had been placed in the Delaware County Drug Court program after pleading guilty to several drug-related charges. The program was intended to help her recover from substance abuse. According to her agreement, if she was successful in the program, the charges would be dismissed. However, if she failed, she would face prison time. During her time in Drug Court, Dunham had several violations, including testing positive for methamphetamine. After admitting to more violations, the State sought her removal from the program. In a hearing, evidence of Dunham’s past violations was presented. The judge decided to terminate her from the program, leading to her appeal. In her appeal, Dunham claimed the termination was improper because she was sanctioned for previous violations. She also argued that the court did not follow proper procedures as required by the Oklahoma Drug Court Act, which aims to support individuals in recovery. Dunham claimed that a relapse should not automatically lead to termination and that the court should have used progressively increasing sanctions instead. The court reviewed these claims and found that Dunham had indeed admitted to new violations that justified her termination. Her request to consider her actions as mere relapses was denied, as the judge believed more severe action was necessary to maintain the integrity of the Drug Court program. Lastly, Dunham argued that she was misinformed about her rights to withdraw her guilty pleas. The court agreed that she should have been informed of her rights but ruled that her termination and conviction would still stand. The court upheld the trial court's decision but noted that it should have properly advised Dunham regarding her rights, allowing her the option to appeal her plea. Thus, while her conviction was confirmed, the case was remanded to correct the error about her rights.