F

F-2006-854

  • Post author:
  • Post category:F

In OCCA case No. F-2006-854, Delbert L. Gibson appealed his conviction for two counts of lewd molestation. In a published decision, the court decided to affirm his conviction but modified his sentence to twenty-five years imprisonment on each count, to be served concurrently. One judge dissented. Gibson was found guilty of sexually fondling two young girls, aged thirteen and eleven, in September 2002. During the incident, Gibson followed the older girl into a bedroom and began to fondle her. The younger girl was also fondled shortly after. The girls told their mother about the incident and reported it to the police. Gibson raised four main points of error during his appeal. The first claimed he did not receive a speedy trial. The court looked at how long he waited for the trial, why there was a delay, whether he asked for a quick trial, and if the delay harmed his case. Gibson was charged in November 2002 but was not arrested until March 2005, with the trial occurring in June 2006. The court found that even though the delay seemed long, Gibson did not complain about it before the trial, which hurt his argument. Therefore, the court believed he was not denied a speedy trial. Gibson's second point was about other-crimes evidence that was presented during his trial. The state brought up a past incident where Gibson had fondled a ten-year-old girl while working as a school photographer twenty years earlier. The court agreed that this evidence was probably not properly connected to the current case but felt it did not significantly impact the jury’s decision, especially since the two young girls provided strong testimonies. In his third point, Gibson argued the jury was incorrectly instructed on the penalties for his crimes. He believed that the law didn’t support a mandatory life sentence without parole based on the charges brought against him. The court analyzed the laws and determined that the proper penalties did not include mandatory life sentences, leading them to modify his sentence instead. Finally, Gibson claimed that all these problems together denied him a fair trial. Since the court found no major errors, the cumulative effect claim was also denied. Overall, the court upheld Gibson's conviction for molestation, but changed his sentence to a total of twenty-five years in prison instead of life without parole.

Continue ReadingF-2006-854

F-2006-1095

  • Post author:
  • Post category:F

In OCCA case No. F-2006-1095, Terry Dewayne Wakefield appealed his conviction for kidnapping, unauthorized use of a motor vehicle, and assault and battery - domestic abuse. In a published decision, the court decided to affirm Wakefield's convictions for kidnapping and unauthorized use of a motor vehicle. However, the sentence for assault and battery - domestic abuse was modified from ten years to one year in the county jail. One dissenting opinion was noted.

Continue ReadingF-2006-1095

F-2006-669

  • Post author:
  • Post category:F

In OCCA case No. F-2006-669, Coronado appealed his conviction for attempted burglary in the second degree. In an unpublished decision, the court decided that the district court did not make a reversible error by failing to instruct the jury on the lesser included offense of malicious mischief. The court also found that the restitution amount ordered by the district court was not supported by sufficient evidence, and this part of the case was sent back for proper determination. One judge dissented.

Continue ReadingF-2006-669

F-2004-935

  • Post author:
  • Post category:F

In OCCA case No. F-2004-935, Alfred Junior Mills appealed his conviction for burglary. In a published decision, the court decided to modify his sentence from thirty years to twenty years. One judge dissented. The case involved Alfred Junior Mills, who had been convicted of burglary and was sentenced to thirty years in prison. After his appeal, the court looked at some important issues. One issue was about how much time he would actually have to serve. The appellant's team argued that the jury should have been informed about the 85% rule, which means that a person must serve at least 85% of their sentence. This rule was important because it may have changed how the jury decided to sentence him. The court agreed that they should apply this rule to his case because it was decided while his appeal was still going on. They found that the jury might not have given him a thirty-year sentence if they had known he would have to serve at least 85% of that time. So, they reduced his sentence to twenty years instead of thirty. Another part of the appeal was about whether the jury should have considered a lesser crime instead of burglary. The defense had a theory that they believed should have led to a different verdict, but the jury didn't buy it. They thought Mills' story was not believable and gave him a sentence that was much higher than the minimum. The court decided that there was no reason to think the jury would have chosen to give him a lesser charge after they rejected his story so strongly. In conclusion, the court made a significant change to Mills' sentence due to the 85% rule but upheld the conviction for burglary. One judge disagreed with the decision to modify the sentence.

Continue ReadingF-2004-935

F-2006-341

  • Post author:
  • Post category:F

In OCCA case No. F-2006-341, Steven Dale Countryman appealed his conviction for attempting to manufacture methamphetamine, unlawful possession of methamphetamine, possession of a police scanner during a felony, and possession of drug paraphernalia. In an unpublished decision, the court decided to affirm the convictions but modify the sentences to run concurrently, with three years of the sentence on the first count being suspended. One judge dissented.

Continue ReadingF-2006-341

F-2006-896

  • Post author:
  • Post category:F

In OCCA case No. F-2006-896, the appellant appealed his conviction for first-degree arson, assault and battery domestic abuse, assault and battery, and public intoxication. In an unpublished decision, the court decided to affirm the judgments and sentences for counts I and II but modified the sentences for counts III and IV by vacating the fines imposed on those counts. One judge dissented. Michael Wayne Schulze was found guilty of starting a fire, which was labeled as first-degree arson, along with committing several misdemeanors related to domestic abuse and public intoxication. The jury recommended lengthy prison time and fines for these actions. Schulze argued that the evidence against him was not strong enough to prove his guilt for arson. He also claimed that the instructions given to the jury were misleading regarding his possible sentences and fines. He sought modifications to the imposed fines and sentences, while also asserting that the prosecutor behaved improperly during the trial. The court examined the arguments and determined that the evidence was sufficient to support the jury's finding of guilt for arson. They agreed that the jury was wrongly instructed about potential sentencing for certain charges, which warranted relief by adjusting the fines for the misdemeanor counts. However, they maintained the convictions and sentences for the arson and domestic abuse counts, deciding that the errors in jury instructions did not severely impact the outcome of the case. Overall, the court upheld the majority of the original decisions but aimed to correct parts of the sentencing that were found to be incorrect, ensuring justice was served.

Continue ReadingF-2006-896

F-2006-110

  • Post author:
  • Post category:F

In OCCA case No. F-2006-110, Gilbert Vega, Jr. appealed his conviction for First Degree Felony Murder (while in the commission of Attempted Robbery with a Firearm). In an unpublished decision, the court decided to affirm the conviction but reverse the sentence and remand for resentencing. One judge dissented. Gilbert Vega, Jr. was found guilty by a jury for the murder of Francisco Hernandez. This murder happened during an attempted robbery at Hernandez's home in Oklahoma City in December 2003. During the trial, the focus was on whether Vega was involved in the incident that led to Hernandez's death. The night of the murder, Hernandez, his girlfriend, and a cousin were in their home when three armed men broke in, threatening them. They physically assaulted the girlfriend and demanded information about money and drugs believed to be in the house. After the attackers had beaten and bound the victims, shots were fired. A neighbor heard the commotion and called for help, but by the time police arrived, Hernandez was dead. Evidence against Vega came mainly from his girlfriend, Rachel Prior. She testified that Vega and his cousin left their home that night intending to rob someone. When Vega returned around 3 a.m., he allegedly threatened her with a gun and described how the robbery went wrong. He claimed to have physically assaulted the girlfriend of the victim and had shot a weapon during the incident. Moments later, police found a gun linked to the crime at Prior's house, and DNA evidence from that gun matched Vega's DNA. In the case, several arguments were debated regarding evidence and trial procedures. Vega's team argued that he was denied a fair trial due to certain evidence being admitted. This included evidence related to a boot print found at the crime scene. The court ruled that these demonstrations were not misleading to the jury and were part of a larger set of evidence against Vega, which included strong DNA evidence. Vega also claimed there were errors in allowing certain evidence about DNA testing from beer bottles found near the crime scene and argued his jury was not properly instructed regarding sentencing rules that could affect his case. However, the court found no significant errors and stated that evidence presented at the trial, including Prior's testimony, was strong enough to support the conviction. Ultimately, while Vega's conviction for murder was upheld, the court determined that he needed to be resentenced.

Continue ReadingF-2006-110

F-2005-716

  • Post author:
  • Post category:F

In OCCA case No. F-2005-716, #Smith appealed his conviction for #Indecent or Lewd Acts with Child Under Sixteen. In an unpublished decision, the court decided #to reverse and remand for a new trial. #n dissented. In this case, Smith was found guilty of committing indecent acts with a young girl named T.C., who was ten years old at the time of the incidents. It all began when T.C. and her family traveled to Oklahoma due to the death of her grandmother. While in Oklahoma, Smith befriended T.C.'s parents and was allowed to spend time with T.C. while her parents worked. One day, Smith took T.C. to a swimming pool. Several women observed Smith engaging in suspicious behavior with T.C., such as fondling her and kissing her inappropriately. They felt that T.C. looked scared and uncomfortable. After watching the situation for about two hours, they called the police. The police spoke to T.C. and her parents, but at first, T.C. denied that anything inappropriate had happened. However, during the police investigation, Smith made troubling statements, including mentioning that he had previously been convicted of a similar crime against his own daughter. During the trial, T.C. testified that she thought of Smith like a grandfather and said he never touched her inappropriately at the pool. However, the other witnesses provided consistent testimonies about what they observed. The jury ultimately believed the eyewitnesses over T.C.'s denial of the abuse. Smith's defense argued that the evidence was not sufficient, and they challenged whether the trial was fair. They also raised several legal points regarding sentencing and the inclusion of evidence from past crimes. The court agreed with some of these points, particularly regarding the trial's fairness and the admissibility of evidence related to Smith's prior convictions. In the end, the court reversed Smith's conviction and ordered a new trial because they found issues in how evidence and instructions were handled during the original trial. Smith will now have another chance to contest the accusations against him.

Continue ReadingF-2005-716

F-2006-991

  • Post author:
  • Post category:F

In OCCA case No. F-2006-991, Causey appealed his conviction for Lewd Molestation. In an unpublished decision, the court decided to reverse and remand for a new trial. One judge dissented. Causey was found guilty after a jury trial and given a 15-year prison sentence. He claimed there were several mistakes made during his trial. 1. He argued that the jury was not told he would have to serve 85% of his sentence. 2. He also said that the court let hearsay from the child victim be used against him without checking if it was trustworthy. 3. Causey felt he was not allowed to present his side of the story properly. 4. He criticized the decision to give instructions about flight, suggesting it was unfair. 5. He pointed out issues with witnesses who supported the victim’s truths, saying it affected the fairness of his trial. 6. He was concerned that the victim testified holding a doll, which he believed was inappropriate. 7. Causey said his lawyer did not do a good job because they did not try to stop the search of his home. 8. He claimed that all these mistakes combined made the trial unfair. The court agreed that the trial had serious errors, particularly with how hearsay was handled and the statements about the victim's truthfulness. These mistakes meant that Causey did not receive a fair trial. The court ordered that he should get a new trial and said that future juries should be informed about the 85% requirement of the sentence. They did not need to provide further solutions for other issues since the main decision was enough to overturn the case.

Continue ReadingF-2006-991

F-2006-63

  • Post author:
  • Post category:F

In OCCA case No. F-2006-63, Beverly Michelle Moore appealed her conviction for First Degree Murder. In an unpublished decision, the court decided to modify Moore's sentence to life imprisonment with the possibility of parole. Two judges dissented. To explain, Beverly Moore was found guilty of killing two-year-old Avery Snyder. Avery had severe head injuries that doctors said were caused by violent shaking, known as shaken baby syndrome. The trial focused on whether Moore or Todd Snyder, Avery's father, caused the injuries. Moore admitted to giving a confession to the police but later recanted, claiming she did not harm the child. During the trial, the jury determined that Moore was responsible for Avery's injuries, leading to her conviction. The jury decided on life imprisonment without parole. However, the decision included a mistake regarding jury instructions about the 85% Rule, which means that for certain crimes, a person must serve 85% of their sentence before being eligible for parole. The court found it was necessary for the jury to understand this rule to make an informed sentencing decision. Moore's trial did not provide the jury with clear information about the 85% Rule, which was important after the jury inquired about it during their discussions. This omission was deemed a significant error that likely influenced the jury's decision to impose a harsher sentence. The court ultimately affirmed Moore's conviction for First Degree Murder but ordered that her sentence be modified to allow for the possibility of parole, reflecting the guidelines that should have been communicated to the jury during the sentencing phase. The dissenting judges believed the original sentence should not have been modified, arguing that the trial followed the laws that were in place at that time and no objections had been made during the trial.

Continue ReadingF-2006-63

F-2005-963

  • Post author:
  • Post category:F

In OCCA case No. F-2005-963, the appellant appealed his conviction for using a vehicle to facilitate the intentional discharge of a weapon. In an unpublished decision, the court modified the conviction to felony malicious injury to property instead. One judge dissented. The case began when the appellant, Larry Roger Watts, was found guilty by a jury of a crime involving firing a weapon from a vehicle. The jury decided he should serve three years in prison and pay an $8,000 fine. Watts disagreed with the decision and argued several points in his appeal. First, he believed there was not enough evidence to support the charge against him. He claimed that since nobody was near where he fired the weapon, it wasn't a real drive-by shooting, which is meant to endanger people, not property. He also pointed out that the law was changed, and air guns were no longer considered weapons that could be fired from a vehicle under this specific law. Secondly, the appellant argued that the way he was arrested was not legal, meaning the evidence against him should not have been allowed in court. He also mentioned that important recordings from the police that could have helped his case were erased, which he felt was unfair. While looking at all these claims, the court decided that the original conviction for a drive-by shooting could not stand since no one was harmed during the incident. However, the court recognized that damages to property did happen, which led them to change the conviction to felony malicious injury to property. This new conviction came with a lesser punishment: two years in prison and a fine of $1,000 instead of the earlier sentence. The judges concluded that allowing the state to proceed under different theories of the law was appropriate. They determined that Watts was not surprised or prejudiced by this change. In the end, the court ruled in favor of modifying the conviction and sentence, agreeing that it was the right way to handle the case based on the evidence available. They also stated that there was no plain error regarding the prosecutor's comments or about the contention of the erased tapes. Overall, the case showed how legal decisions can evolve based on the circumstances and the interpretations of the law.

Continue ReadingF-2005-963

F-2005-718

  • Post author:
  • Post category:F

In OCCA case No. F-2005-718, Sylvia Coronado Frias appealed her conviction for Trafficking Methamphetamine and Maintaining a Vehicle Used for a Controlled Dangerous Substance. In a published decision, the court decided to affirm her conviction on both counts but instructed the district court to correct her sentence to match the jury's recommendation. One judge dissented. Frias was found guilty by a jury and received a 20-year prison sentence and a $50,000 fine for Trafficking Methamphetamine, along with a five-year prison sentence and a $10,000 fine for the other charge. However, the judge sentenced her to 25 years without fully explaining why he deviated from the jury's recommendation. The court examined several issues from Frias's appeal, including whether the trial court made mistakes by allowing certain evidence, if juror misconduct occurred, whether Frias had effective legal help, and if the jury was properly instructed regarding her sentence. 1. The court found that admitting the videotape of Frias and another person was done correctly since it was relevant evidence and didn't unfairly hurt her case. 2. The court could not consider claims related to juror misconduct because Frias didn't properly submit evidence to support her statements about it. 3. Frias's claim that her counsel was ineffective also failed because she didn't follow the rules to request further hearings to develop evidence for that claim. 4. The court stated that the trial court was not required to tell the jury about specific sentence limitations concerning trafficking cases. Finally, the court decided that while they agreed with much of the trial court’s findings, the sentence for trafficking had to be corrected to align with the jury's earlier decision of 20 years. The fine would also need to be reviewed.

Continue ReadingF-2005-718

F-2006-780

  • Post author:
  • Post category:F

In OCCA case No. F-2006-780, Roy Carl Bales, Jr. appealed his conviction for robbery with a firearm and unauthorized use of a motor vehicle. In a published decision, the court decided to affirm Bales's conviction for robbery but modified his sentence for unauthorized use of a motor vehicle to three years in prison. One judge dissented. Bales was found guilty by a jury of committing robbery with a firearm and unauthorized use of a motor vehicle. The jury decided that he should serve twenty years for robbery and six years for unauthorized vehicle use, with both sentences running one after the other. Bales raised two main points in his appeal. The first point was about how the trial court instructed the jury on the minimum sentence for unauthorized use of a vehicle. Bales argued that the court made a mistake by not giving the jury the correct information on the punishment range. The second point was that the trial court should have made Bales's sentences run at the same time instead of back-to-back, which he thought was too harsh. After looking carefully at the details of the case, the court found a mistake in how the jury was instructed about the sentence. They decided that the minimum sentence for unauthorized use should be three years instead of six years. However, the court thought that the long sentence for robbery was appropriate given Bales's past criminal record, so they kept that sentence as it was. Ultimately, the court affirmed the robbery conviction and changed the unauthorized vehicle use sentence to three years in prison, making one judge disagree with the decision.

Continue ReadingF-2006-780

F-2006-68

  • Post author:
  • Post category:F

In OCCA case No. F-2006-68, Gregory Scott Thompson appealed his conviction for First Degree Felony Murder. In an unpublished decision, the court decided to affirm the conviction but modified the sentence from life without the possibility of parole to life imprisonment. One judge dissented. ### Summary of the Case Gregory Scott Thompson was found guilty of First Degree Felony Murder after being involved in an attempted robbery that led to the death of Jerry McQuin. The events occurred on November 18, 2003, when Randy Davis and Clifford Hamilton went to Laquita Stevenson’s house. Tensions rose between Davis and McQuin, who was living with Stevenson at the time. Thompson, along with Gatewood, arrived after Davis called him over. When McQuin returned home, Thompson and Gatewood armed with guns demanded McQuin's car keys. McQuin was forced outside where he was shot after a brief confrontation about the keys. Stevenson, still inside, heard the commotion and eventually the gunshots that killed McQuin. Although no one directly saw Thompson shoot McQuin, evidence showed he was actively involved in the robbery attempt that resulted in McQuin's death. ### Court Opinions The court addressed several key legal arguments presented by Thompson: 1. **Exclusion of Evidence**: Thompson argued that the trial court should have allowed evidence that McQuin had drugs and money, which could suggest a drug deal gone wrong. The court ruled that this evidence didn’t sufficiently connect another person to the crime and would risk confusing the jury. 2. **Cross-Examination Limitations**: Thompson claimed his rights were violated when the court limited his lawyer's ability to cross-examine witnesses. The court found that the trial judge exercised discretion within reasonable limits. 3. **Custodial Statements**: Thompson contended that his rights were violated when his statements made after invoking his right to counsel were allowed into evidence. The court found that he did not clearly assert his right to counsel at the time and therefore the statements were admissible. 4. **Sufficiency of Evidence**: Thompson maintained that there was not enough evidence to convict him since no one saw him shoot McQuin. The court found that the evidence was sufficient to show he was an active participant in the attempted robbery, thus affirming the conviction. 5. **Sentencing Issues**: Thompson challenged various sentencing procedures, including that the trial was improperly bifurcated and that he was not correctly informed about his eligibility for parole. The court acknowledged these errors and modified the sentence accordingly. 6. **Ineffective Assistance of Counsel**: Thompson argued that his attorney failed to effectively represent him in several respects. The court ruled that these claims did not demonstrate a significant chance that the outcome would have been different. Both the prosecution's case and Thompson's defense contributed to the complex nature of the trial. Ultimately, while his conviction was upheld, the errors in sentencing led to a modification of his sentence to life with the possibility of parole.

Continue ReadingF-2006-68

F-2005-1146

  • Post author:
  • Post category:F

In OCCA case No. F-2005-1146, Pamela Dee Colley appealed her conviction for trafficking in illegal drugs (methamphetamine) and several other drug-related charges. In an unpublished decision, the court decided to affirm her convictions for counts 1, 2, 4, 5, 6, 7, and 8, but reversed her conviction for count 3, possession of marijuana. One judge dissented regarding the reversal of count 3. Pamela Colley was found guilty by a jury for a serious crime related to illegal drugs after a traffic stop conducted by a police officer. The case began when the officer noticed her car making a traffic violation early in the morning. When he pulled her over, he found out that Colley did not have a driver's license and provided some confusing information. The police officer thought that drug dealers were operating in the area, so he called for a K9 unit to further check for drugs. When the dog alerted, the police searched her car and found illegal drugs, scales, and items used for drug use in her purse. Colley was very upset and later gave permission for police to search her, leading to more illegal items being discovered on her. Colley argued in court that her sentence of life without parole was unfair and that she didn’t know about the drugs. She claimed that her attorney didn’t defend her well and that the way the trial was handled had problems. However, the court found that there was enough evidence to support her conviction. They also decided the police did everything by the book during the traffic stop. While the court agreed that one of her charges resulted in a double punishment, it found that her other convictions were valid given the serious nature of the drug trafficking involved. Thus, she will remain convicted on those charges, which involved large amounts of methamphetamine, while they reversed the possession of marijuana charge due to it being a part of the same incident.

Continue ReadingF-2005-1146

F-2005-110

  • Post author:
  • Post category:F

In OCCA case No. F-2005-110, Marvin Royston White appealed his conviction for three counts of first degree manslaughter due to driving under the influence. In an unpublished decision, the court decided to reverse his convictions and remand the case for a new trial. One judge dissented. Marvin Royston White was found guilty by a jury for causing the deaths of three people while driving after consuming alcohol. The jury set him to serve twenty years for each count, making a total of sixty years in prison. White argued that he did not intentionally drink alcohol that day because he took cold medicine which he didn't know contained alcohol. White claimed that his attorney did not help him properly at trial by not asserting certain defenses, including involuntary intoxication. He mentioned that his attorney didn’t ask for a jury instruction on this defense, simply arguing that he was not guilty due to sleep apnea causing him to fall asleep while driving. The court considered whether the trial court should have instructed the jury on involuntary intoxication since White's defense was that he unknowingly consumed alcohol. The court felt this was important as it could have changed the jury's decision if they understood that his intoxication was not voluntary. Since the lower court did not give that instruction, the OCCA found it to be a major mistake that could have impacted the verdict significantly. Therefore, they decided to reverse White's conviction and ordered a new trial to give him a fair chance to present his defense properly. The dissenting judge believed that the evidence did not support the need for that jury instruction on involuntary intoxication, arguing that White was responsible for his actions and knowingly drove under the influence. Ultimately, White’s appeal was granted, allowing him a chance for a new trial to properly address his defense.

Continue ReadingF-2005-110

F-2006-301

  • Post author:
  • Post category:F

In OCCA case No. F-2006-301, Peggy L. Caves appealed her conviction for Neglect by Caretaker. In an unpublished decision, the court decided to affirm Caves' conviction but modify her sentence. One judge dissented regarding the modification of the sentence. The case involved Peggy L. Caves, who was found guilty of neglecting an adult in her care. The jury suggested a $10,000 fine, and the judge agreed to this sentence. Caves argued that there were several mistakes during her trial, including that there wasn't enough evidence to prove her guilt, and that she didn't get a fair trial because of various reasons, such as improper juror conduct and irrelevant testimony. The court looked closely at the arguments Caves made. They found that there was enough evidence showing that Caves neglected the adult in question. They also determined that she was aware of the charges against her, so the fact that the evidence presented matched the charges was not a problem. One key argument was about whether Caves did everything she could to help the adult in her care. While Caves said she did not think the person needed help, the court noted that unless a doctor declares a person dead, help must be given. The court concluded that the rules related to Do Not Resuscitate orders did not apply in this case. The court agreed that certain evidence, like the mention of a civil suit against Caves' employer, was not necessary and could have influenced the jury unfairly. Because of this, they decided to lower Caves' fine from $10,000 to $7,500. In the end, the court kept the conviction but changed the amount of the fine due to the identified errors and the impact they might have had on the jury's decision. One judge disagreed with lowering the fine, believing that Caves was already fortunate to only receive a fine without jail time.

Continue ReadingF-2006-301

F-2006-352

  • Post author:
  • Post category:F

In OCCA case No. F-2006-352, Jerome Monroe appealed his conviction for First Degree Murder. In an unpublished decision, the court decided to affirm the judgment but reversed the sentence and sent the case back for resentencing. One judge dissented. Jerome Monroe was found guilty of killing his girlfriend, Ronda Doyle, on December 24, 2004. He shot her in the face while they were at home. Monroe claimed that the gun went off by accident while he was trying to unload it. After the shooting, he tried to hide the body and lied to family members about Doyle's whereabouts. The jury had the option to sentence Monroe to life in prison or life without the possibility of parole. He argued that the court should have instructed the jury about the rules regarding parole eligibility. The court later decided that such instructions should be given in these cases, making Monroe eligible for this benefit. Monroe also believed he should have received instructions on a lesser charge of second-degree manslaughter. The court found that while the evidence might support some form of manslaughter, Monroe had admitted to trying to handle the gun while intoxicated, which did not warrant a lesser charge. Regarding Monroe's actions after the shooting, the court explained that his attempts to cover up the crime could be seen as evidence of guilt. Although he wanted his lawyer to object to certain evidence, the court concluded there was no harm since the jury could rightly consider such actions. Monroe argued that his lawyer was not effective, claiming that the lawyer didn't use important information about a witness’s statement. However, the court found that even without the alleged mistakes, Monroe could not show that he was harmed by any of the lawyer's actions. Overall, the court concluded that the main issue in the case was the jury's instructions about the possibility of parole. They determined that the absence of instructions about the 85% rule could have affected the outcome and thus decided the case should be sent back for resentencing.

Continue ReadingF-2006-352

F-2005-1145

  • Post author:
  • Post category:F

In OCCA case No. F-2005-1145, Robert Lee Peace appealed his conviction for Assault and Battery with a Dangerous Weapon. In an unpublished decision, the court decided to affirm his conviction but modified his sentence to twenty-five years imprisonment. One judge dissented.

Continue ReadingF-2005-1145

F-2006-429

  • Post author:
  • Post category:F

In OCCA case No. F-2006-429, David Michael Graham appealed his conviction for three counts of Lewd Molestation. In an unpublished decision, the court decided to affirm his convictions but modified the sentences to be served concurrently and dismissed the restitution order. One judge dissented. Graham was found guilty by a jury of three counts of Lewd Molestation. The jury recommended that he serve 20 years in prison for each count, with the last 10 years suspended under probation conditions. The judge also ordered him to pay $10,000 to each victim. In his appeal, Graham argued several things. First, he claimed that the way the prosecutors behaved during the trial made it unfair. He also said the judge didn’t properly inform the jury about how much of his sentence he would have to serve before getting paroled. Lastly, he felt the restitution amount was too high and lacked support from facts. After reviewing the case, the court agreed there was some misconduct but concluded it did not affect the conviction. The appeal also highlighted that the jury should have been told that he needed to serve 85% of his sentence, which led to changing the sentences to concurrent rather than consecutive. The judges found the order for restitution of $10,000 per count was not backed by evidence, so that part was dismissed. The overall opinion was that while the convictions were upheld, the sentences needed to be modified, and the restitution removed. One judge disagreed with modifying the sentences to run concurrently, believing the original sentencing was appropriate.

Continue ReadingF-2006-429

F-2006-598

  • Post author:
  • Post category:F

In OCCA case No. F-2006-598, Timmy Eugene Owen appealed his conviction for escaping from Grady County Jail and assaulting a police officer. In an unpublished decision, the court decided to affirm Owen's convictions but reverse his sentences, leading to a remand for resentencing. One judge dissented from the opinion. Timmy Eugene Owen was convicted for two crimes: escaping from jail and assaulting a police officer. The jury found him guilty, and he was sentenced to life in prison for the escape and ten years for the assault. Owen appealed this decision, claiming that he did not get a fair trial because of several reasons. First, he argued that the trial judge should have given him a mistrial due to improper questions from the prosecutor during the trial. However, the court said the judge did not make a mistake because the questions asked did not unfairly influence the jury's decision. Owen also claimed that the prosecutor acted unethically during the trial, which made it hard for him to get a fair trial. The court agreed that some of the prosecutor's comments were inappropriate but believed they did not change the outcome of the trial. They said that despite these comments, the evidence against Owen was very strong. Additionally, Owen believed that his sentences were too harsh. He felt it was unfair to receive a life sentence for escaping from jail and ten years for the assault. The court did not change the life sentence for the escape but suggested that all sentences might need reconsideration because they found that the prosecutor's words affected the sentencing. Owen also raised an issue about being punished twice for the two different crimes. However, the court stated that the two crimes were separate and required different evidence, so they did not violate any laws about double punishment. In the end, while the court affirmed Owen's guilty verdicts, saying he was rightly found guilty for both charges, they reversed the sentences and sent the case back to lower court for a new sentencing. A judge disagreed, believing the trial was fair despite the errors.

Continue ReadingF-2006-598

F-2005-228

  • Post author:
  • Post category:F

In OCCA case No. F-2005-228, Gordon Fife Franklin appealed his conviction for Kidnapping, Assault and Battery with a Dangerous Weapon, and Cruelty to Animals. In an unpublished decision, the court decided to reverse the conviction for Cruelty to Animals and to modify the sentences for the remaining convictions to 55 years each instead of 250 years. One judge dissented. Franklin was found guilty by a jury and received a very long sentence for his crimes. The jury thought that his actions were very bad and wanted him to spend a lot of time in prison. However, the court later said the sentences were too long. They decided that the evidence for one of the charges, Cruelty to Animals, was not strong enough to keep that conviction. During the trial, the court let different pieces of evidence be shown to the jury. Some of this evidence was questioned later, but the court said that it didn't really change the outcome of the trial. They said that even though there were mistakes made in the trial, the serious charges of Kidnapping and Assault were still valid. Overall, the court agreed that while Franklin did do some wrong things, the punishments should be reduced to a more reasonable amount of time. In conclusion, Franklin's punishment was lightened, and the charge for hurting the animal was removed completely.

Continue ReadingF-2005-228

F-2006-113

  • Post author:
  • Post category:F

In OCCA case No. F-06-113, Brown appealed his conviction for drug trafficking and other charges. In a published decision, the court decided to affirm the convictions related to drug trafficking and possession with intent to distribute but reversed the conviction for possession of MDMA with intent to distribute, ordering it dismissed. One judge dissented regarding the dismissal of the MDMA possession charge. Brown was on trial for three main charges: trafficking in illegal drugs (crack cocaine), possession of MDMA with intent to distribute, and eluding a police officer. He was sentenced to life in prison without parole for trafficking, along with fines for the other charges. The case started when Brown led police on a car chase. During the chase, he threw out a bag that was later found to contain crack cocaine and MDMA pills. Brown argued that the trial court made mistakes, including not allowing him a continuance to prepare for trial after he decided to represent himself. The court noted that Brown had a long time to prepare since the case had been ongoing for two years and had already received several continuances. When he asked for a delay on the morning of the trial, it was denied since Brown had indicated he wanted to proceed. He also argued that he should have been given a lesser charge of possession with intent to distribute instead of trafficking. However, since he had over 16 grams of crack cocaine, which met the requirements for trafficking, the court did not agree with this. In another point, Brown claimed that having charges related to two different drugs was unfair and violated laws against double punishment for the same act. The court agreed that both drugs were in one bag and thus counted as a single act, leading them to reverse the MDMA conviction. Brown complained about the removal of a juror who was an intern for the public defender's office, claiming it was unjust. The court found that the trial judge acted properly to ensure an unbiased jury since the intern had worked with Brown's attorney. Lastly, Brown argued that his life sentence was harsh and that he was not allowed to present evidence in his favor during sentencing. However, the court pointed out that presenting such evidence is not a right in non-capital cases. Overall, the court upheld most of the trial's decisions while acknowledging a legal distinction that warranted the dismissal of the MDMA charge. One judge disagreed, feeling the convictions were justified and should stand.

Continue ReadingF-2006-113

F-2005-1094

  • Post author:
  • Post category:F

In OCCA case No. F-2005-1094, #x appealed his conviction for #y. In a published decision, the court decided to reverse his conviction and remand the case for a new trial. #n dissented. Charles Arnold Fields was found guilty of delivering a controlled drug after having been convicted of felonies before. The jury gave him a sentence of 15 years to life in prison and a big fine. Fields did not like his representation during the trial, and he wanted to fire his lawyers. But the judge told him he could either continue with his lawyers or represent himself with them helping him. The case had three main issues. The first one was about whether Fields gave up his right to have a lawyer in a way that was clear and fair. The second issue questioned whether his long sentence was okay. The last issue looked at whether the judge made a mistake by not allowing Fields to challenge some evidence. The court found that Fields did not really ask to represent himself, and the judge did not explain to him the problems that could arise from not having a lawyer. Because of this, the court said he deserved a new trial. Since they decided on the first issue, they did not need to look into the other two issues. The court's final decision was to cancel the previous judgment and send the case back for a new trial.

Continue ReadingF-2005-1094

F-2005-1193

  • Post author:
  • Post category:F

In OCCA case No. F-2005-1193, Tamara Marine Davis appealed her conviction for Accessory to Felony Murder in the First Degree. In an unpublished decision, the court decided to affirm the conviction but modified the sentence to twenty-five years of imprisonment. One judge dissented regarding the sentence modification. Davis was found guilty of helping her husband after a murder had occurred. She assisted him in hiding evidence and lying to the police. At her trial, Davis presented several arguments for why her conviction and sentence should be overturned. First, she claimed that there was not enough evidence to prove she was guilty of being an accessory after the fact. The court disagreed, ruling that her actions showed she knew the victim was dead when she assisted her husband in getting rid of the victim's belongings and fleeing the state. Second, she argued that the jury heard improper information concerning her probation and parole history, which made them biased against her. However, the court noted that this information was raised by Davis herself to show the witness's bias, so it did not warrant reversal of the conviction. Third, she contended that misconduct by the prosecutor deprived her of a fair trial. The court found that while there were some issues with the prosecutor's questions, they did not significantly affect the outcome of the trial. Davis also claimed she received ineffective assistance from her attorney. The court found that the lawyer's performance was acceptable and that Davis could not show any harm resulting from their actions. Furthermore, she believed the introduction of some irrelevant evidence was unfair. However, the court determined that the evidence did not unduly sway the jury's decision. Davis argued the length of her sentence was too harsh compared to her involvement in the crime, and the court agreed, reducing her sentence from forty years to twenty-five. Lastly, the court found no cumulative errors that would necessitate a different result in the trial. Thus, while the court affirmed the conviction, it took action to lessen the punishment given to Davis.

Continue ReadingF-2005-1193