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F-2005-1058

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In OCCA case No. F-2005-1058, Shaynathian Rashaud Hicks appealed his conviction for multiple charges including indecent exposure, attempted rape, injury to a minor child, and others. In an unpublished decision, the court decided to reverse the conviction for indecent exposure and remand it with instructions to dismiss. The remaining convictions were affirmed. One judge dissented regarding certain aspects of the opinion. To explain further, Hicks was tried and found guilty of several serious offenses. These included lewd acts like indecent exposure and attempted rape. The jury gave him a total of different sentences, with the most time for his attempted rape and injury to a minor child. Hicks felt that the evidence against him was not strong enough and presented several reasons why he thought he should win his appeal. He argued that there wasn't enough proof to show that his actions qualified as indecent exposure. The court agreed and reversed that conviction, saying the evidence didn’t show he acted in a lewd way. However, for the other charges like attempted rape and injury to a minor, the court found the evidence sufficient, so his convictions for those remained in place. Hicks also had a problem with the way the trial was conducted. He claimed that he wasn’t able to confront all the witnesses against him because some of their testimonies were taken without them being present at the trial. But the court decided the trial was fair and followed the rules. Hicks felt that mistakes were made in how the jury was instructed about the law and that the prosecutor acted unfairly during the trial. The court looked into these claims, but most were either waived or didn’t have a significant impact on the trial's outcome. In summary, while the court reversed his conviction for indecent exposure due to a lack of evidence, it upheld the other convictions because they found there was enough evidence for those offenses. Hicks’s overall arguments did not lead to a change in the other convictions, which means he must serve his sentences as determined by the jury.

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F-2005-911

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In OCCA case No. F-2005-911, Timothy Griffith appealed his conviction for two counts of Attempted First Degree Rape and eight counts of sexual abuse of a child. In an unpublished decision, the court decided to affirm the convictions and sentences except for one count of attempted first degree rape, which was reversed and dismissed. One judge dissented. Griffith was found guilty of two attempted rapes and eight counts of sexually abusing a child, and he was given a total of 61 years in prison. He argued that both his rights against double jeopardy and his right to a fair trial had been violated, among other claims. The court reviewed each of Griffith's arguments. For the first point, the court found there was enough evidence to support the charges and no violation of double jeopardy. For the second and third points, the court ruled that the prosecutor had the discretion to charge Griffith with attempted rape instead of just intent to commit rape, so the trial was fair. Regarding the case's fourth and fifth points, the court decided that the additional testimonies from adult witnesses and the child's prior statements were allowable and did not greatly harm Griffith's case. The sixth allegation about a medical opinion from a physician assistant was also found not to be a problem since it did not influence the jury's decision directly. On point seven, the court agreed that the judge made a mistake by not letting Griffith fully present his defense. This part was significant because it led to the reversal of one of the counts against him. Finally, the court found that the sentences imposed were not excessive despite the overall situation, and there were no errors that would justify further action. In summary, most of Griffith's arguments were not persuasive to the court, and while some parts of the conviction remained, one count was removed due to the identified error.

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F-2005-1161

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In OCCA case No. F-2005-1161, Isaac Gardner appealed his conviction for Forcible Oral Sodomy and Attempted Sexual Battery. In an unpublished decision, the court decided to affirm Gardner's conviction but modified his sentence from twenty years to fifteen years imprisonment. One judge dissented. During the trial, Gardner was found guilty of Forcible Oral Sodomy and the jury recommended a lengthy prison sentence based on evidence presented, including Gardner's past admissions about similar actions. Although the judge allowed some evidence regarding Gardner's past, they did not believe it overly impacted the trial since the jury ultimately acquitted him of the Attempted Sexual Battery charge. Gardner argued that he did not receive a fair trial due to this evidence, but the court disagreed, noting that he had been warned about what evidence would be used against him. They also highlighted that his conviction was upheld because the jury was able to examine the evidence properly. Additionally, Gardner claimed that he should have been informed about parole eligibility under the 85% Rule, which says he would need to serve most of his sentence before being eligible for parole. The court acknowledged this misstep and reduced his sentence accordingly. In summary, the court confirmed that while Gardner’s initial trial and conviction stood, his sentence was adjusted to reflect what he had rightfully requested before the trial began.

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F-2006-114

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In OCCA case No. F-2006-114, Tuydale Eugene LeFlore appealed his conviction for Second Degree Murder, Leaving the Scene of an Accident Involving Damage, and Unauthorized Use of a Motor Vehicle. In a published decision, the court decided to affirm the judgment for Leaving the Scene and Unauthorized Use of a Motor Vehicle, but modified his sentence for Second Degree Murder from sixty years to thirty years. One judge dissented regarding the modification of the sentence for the murder charge, arguing that there was no evidence that the jury considered parole during their decision.

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F-2005-649

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In OCCA case No. F-2005-649, Alfred Gene Ryan appealed his conviction for First Degree Rape and Lewd Molestation. In an unpublished decision, the court decided to affirm his convictions but modified the sentences to run concurrently instead of consecutively. One judge dissented in part. Ryan was found guilty in the District Court of Kay County, where a jury sentenced him to 20 years in prison for the rape charge and 10 years for the molestation charge, along with fines for both counts. The key points of his appeal focused on several alleged errors during his trial, including issues related to custody status during police questioning, hearsay testimony, the trial court’s handling of jury instructions, the admission of other crimes evidence, and claims of ineffective counsel. The court reviewed all the claims made by Ryan, including whether the trial court made mistakes by allowing certain evidence or testimony, and whether he received a fair trial. After considering the arguments and the entire record, the court did not find any major errors that would require a reversal of his conviction. The court stated that Ryan was not in custody when he spoke to law enforcement, which meant that his statements to them were properly admitted. They also ruled that the hearsay testimony from child victims was allowable and did not violate Ryan’s rights. The court acknowledged that there were instances of improper evidence admitted concerning other crimes but determined that these did not significantly impact the verdict concerning his guilt. Regarding jury instructions, the court agreed that Ryan should have been informed about the 85% rule, which might have affected the length of time he would serve. Therefore, they modified his sentences to run concurrently instead of consecutively, leading to a total time served being lessened. Overall, while the court affirmed the convictions, it recognized certain shortcomings in how the trial was conducted which justified modifying how the sentences were structured.

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F-2004-914

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In OCCA case No. F-2004-914, Mark Wayne Johnson appealed his conviction for Child Sexual Abuse. In a published decision, the court decided to reverse the conviction and order a new trial. One judge dissented. Mark Wayne Johnson was found guilty of Child Sexual Abuse and sentenced to twenty years in prison along with a fine. He believed that his lawyer did not do a good job during the trial. Johnson pointed out that his lawyer failed to bring in expert witnesses who could have helped his case and also did not challenge important evidence properly. Johnson raised several issues in his appeal. He claimed that the trial judge acted unfairly by scolding his lawyer in front of the jury. This made Johnson feel that he did not get a fair trial. He also argued that important evidence and witness credibility were not handled properly by the trial court, and that numerous mistakes made by his lawyer affected the outcome of the trial. The court reviewed these claims and found that there were many significant errors in how Johnson was represented. The judges said that Johnson's lawyer did not cross-examine witnesses properly or address inconsistencies in the testimonies. They concluded that all these mistakes could have changed the trial's outcome, meaning Johnson did not receive the fair trial he deserved. As a result of these findings, the court reversed Johnson's conviction and ordered a new trial.

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F-2005-786

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In OCCA case No. F-2005-785, Charles Milton Smith, Sr., and Bonnie Smith appealed their convictions for multiple crimes. In a published decision, the court decided that the trial court had made a mistake by ruling that the Smiths were not entitled to a court-appointed attorney, which violated their right to legal representation. Consequently, the court reversed their sentences and ordered a new trial. One judge disagreed with the decision.

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F-2005-785

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In OCCA case No. F-2005-785, Charles Milton Smith, Sr., and in case No. F-2005-786, Bonnie Smith appealed their convictions for multiple crimes. In a published decision, the court decided to reverse their convictions and remand for a new trial. One judge dissented. Charles Milton Smith, Sr. was charged with manufacturing a controlled substance (methamphetamine), child endangerment, and possession of a controlled substance. Bonnie Smith faced similar charges for manufacturing a controlled substance and child endangerment. During the trial, both were found guilty of the charges against them. The jury recommended sentences that included lengthy prison time and substantial fines. However, they claimed that their rights were violated because they did not have court-appointed lawyers. Initially, they were considered unable to afford an attorney, but after someone paid their bond, the trial court ruled that they were no longer indigent and had to represent themselves, which they argued was not fair. The court looked closely at whether the trial court properly assessed their financial situation before denying them their right to legal representation. They pointed out that just because bond was posted, it does not automatically mean someone can afford a lawyer. The court found that there was no record showing that the trial court had properly checked their financial status or informed them that they might still qualify for a lawyer. Since having a lawyer is essential for a fair trial, the court reversed the Smiths' convictions and ordered a new trial where they would have a chance to properly have legal representation.

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F-2005-1282

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In OCCA case No. F-2005-1282, Earl Andrew Dahl, Jr., appealed his conviction for multiple sexual offenses including Rape by Instrumentation, Forcible Oral Sodomy, and Lewd Acts with a Child Under Sixteen. In an unpublished decision, the court decided to affirm the judgments of the trial court but remanded the case for resentencing. One member of the court dissented. Dahl was found guilty on fifty counts related to these serious crimes, and the jury recommended various sentences for these counts, which were to be served one after another (consecutively). Dahl argued several points in his appeal, including that the evidence was not strong enough to support his convictions and that the sentences were excessive. He also claimed that the prosecutor asked unfair questions during the trial and that the trial court made errors by not giving certain instructions related to the law. After reviewing the evidence, the court concluded that there was enough proof to uphold Dahl's convictions, as the victim's testimony was clear and trustworthy. They also noted that there were certain errors in how the trial was conducted, particularly the failure to provide an important instruction known as the 85% Rule, which affected how the jury decided on the sentencing. Because of this, the court ordered a new sentencing hearing to correct this mistake. Overall, while the convictions were upheld, the court acknowledged that the trial process had flaws, which led to their decision to allow for resentencing for Dahl.

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F-2004-1279

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In OCCA case No. F-2004-1279, Daniel Hawkes Fears appealed his conviction for multiple counts including Murder in the First Degree and Shooting with Intent to Kill. In an unpublished decision, the court decided to reverse his convictions due to prosecutorial misconduct and insufficient evidence of sanity at the time of the crimes, ordering a verdict of not guilty by reason of insanity. One judge dissented, arguing that the jury should have had the proper instructions for a retrial instead of this decision.

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F-2004-427

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In OCCA case No. F-2004-427, Emily Michelle Dowdy appealed her conviction for First-Degree Manslaughter. In an unpublished decision, the court decided to affirm her conviction but modified her sentence to twenty-five years imprisonment. One judge dissented from the decision to modify the sentence. Emily was charged after a fatal car accident that resulted in the death of another driver, Ryan Brewer. Emily's blood test later showed a high blood alcohol concentration, indicating she was driving under the influence. In her defense, she claimed she was involuntarily intoxicated, suggesting that she may have been given a drug without her knowledge, such as GHB or rohypnol, often associated with date-rape cases. Emily argued that she could not remember what happened after she took a friend to her car at a bar. The trial included a significant amount of expert testimony regarding the effects of GHB, but the state argued that Emily was likely just drunk from alcohol. Various witnesses testified about her drinking at the bar that night and her generally good driving record. On appeal, Emily raised several arguments regarding the fairness of her trial, alleging ineffective assistance of her counsel, improper admission of certain evidence regarding her character, and comments made by the prosecutor. The court reviewed testimony regarding whether Emily had been properly advised about her rights during police questioning and whether any misconduct had affected the jurors' views. After thorough review, the court concluded that the trial was fair overall, although it noted that one witness's hearsay testimony, which was not properly admissible, could have potentially influenced the jury's view of Emily. Ultimately, this led to a modification of her sentence, although the conviction itself remained intact. The dissenting judge felt that the original forty-year sentence was appropriate and did not believe that the limited hearsay testimony had a significant impact on the final outcome.

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F-2005-529

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In OCCA case No. F-2005-529, the appellant appealed his conviction for First Degree Manslaughter and Leaving the Scene of a Fatality Accident. In a published decision, the court decided to affirm the convictions but modified the sentence for First Degree Manslaughter from fifty years to thirty years. One judge dissented.

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F-2005-471

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In OCCA case No. F-2005-471, Desiray Jaibai Allen appealed his conviction for Distribution of Controlled Substance. In an unpublished decision, the court decided to modify Allen's sentence but upheld the conviction. The judges agreed on most points, but one judge dissented. Desiray Jaibai Allen was found guilty by a jury for distributing controlled substances and was sentenced to two consecutive 20-year prison terms. During the appeal, Allen raised several arguments claiming errors during the trial. He felt that improper evidence and misconduct affected his right to a fair trial. The court reviewed all aspects of the case, including trial records and arguments. Although they found some issues with the evidence presented, they decided that these did not require a complete reversal of the conviction. However, they agreed with Allen on one point: certain irrelevant and improper documents should not have been shown to the jury. Because of this, the court reduced his sentences to 15 years for each count instead of 20. The judges discussed other claims made by Allen, such as prosecutorial misconduct and hearsay evidence, but determined that these did not seriously impact the fairness of the trial. The accumulation of errors didn't lead to a requirement for further action beyond reducing the sentences. Ultimately, while the judgment of conviction remained intact, the sentences were modified to less time in prison. Thus, the court affirmed the guilty verdict but adjusted how long Allen would need to serve for the charges.

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F-2005-58

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In OCCA case No. F-2005-58, Alishia Faith Mackey appealed her conviction for permitting child abuse and failure to report child abuse. In an unpublished decision, the court decided to affirm her conviction for permitting child abuse but vacated her conviction for failure to report child abuse. One judge dissented regarding the double punishment issue. Mackey was found guilty by a jury of allowing child abuse to happen and not reporting it. The jury said she should go to prison for twenty years for permitting the abuse and fined her $500 for failing to report it. Mackey argued that the trial had many mistakes, including that a child testified behind a screen without enough evidence to justify it, the jury wasn't properly instructed on possible defenses, and her lawyer didn't do a good job. She believed the sentences were too harsh and that all the errors added up to make her trial unfair. The court looked at each claim. It found that not allowing the child to confront Mackey face-to-face was a mistake, but it was not serious enough to change the outcome since there was a lot of other evidence against her. The court also said that there was no need to instruct the jury on a defense of duress because there was no proof that she was forced to allow the abuse. Additionally, they decided that while the jury didn't get instructions on another defense, it didn't matter because Mackey wasn't charged under that law. For the claims about not being allowed to cross-examine certain witnesses, the court said those decisions were fair and didn't break any rules. They determined that having both convictions didn’t go against laws against double punishment; however, since the two charges came from the same event, she should only receive one punishment. Overall, the court found that while some things in the trial were wrong, they did not change the fact that Mackey was guilty of permitting child abuse. They decided that the punishment for failing to report the abuse should be taken away since it was unfair to punish her twice for the same act. The final decision left her conviction for permitting child abuse in place but removed her conviction for failure to report. The judges had differing opinions on some points, particularly on whether both charges should stand, but the main ruling agreed that her punishment for the failure to report should not continue.

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F-2005-901

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In OCCA case No. F-2005-901, Robert Glenn Davis appealed his conviction for Robbery with a Firearm and Possession of a Firearm. In an unpublished decision, the court decided to affirm the conviction for the robbery but modified the sentence for possession to five years. One judge dissented, suggesting that the sentence for robbery should also be reduced. Davis was found guilty in the District Court of Oklahoma County for robbing someone with a gun and for having a firearm when he was not allowed to do so because of past felony convictions. The jury decided on the punishments: thirty years for the robbery and ten years for the firearm possession, which meant he would serve those sentences one after the other. Davis's appeal included several points of error. He claimed that the prosecutor asked him wrong questions about staying silent after his arrest. The court found this was a mistake but also decided that it didn’t change the outcome of the trial. Another point he raised was about how a police officer's testimony was used, but because there was no complaint at the time, it didn't affect his fair trial rights. Davis also argued that he shouldn't have been convicted of both robbery and possession of a firearm, but the court found these were separate actions. He mentioned that the instructions on evidence were wrong, but again the court ruled that they were correct. Regarding a specific rule about how long someone has to serve, the court agreed that they should have mentioned it, leading to some change in sentencing. After looking at everything, the court decided that Davis's conviction for robbery would stay, but the time he had to serve for the firearm possession was cut down to five years. The sentences would still run one after the other. There were different opinions among the judges, with some agreeing entirely with the decision while another thought the robbery sentence should also be lesser.

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F-2005-859

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In OCCA case No. F-2005-859, Percy Dewayne Cato appealed his conviction for driving under the influence, driving with a suspended license, and speeding. In an unpublished decision, the court decided to affirm his convictions, but modified one of the fines. One judge dissented. Percy Cato was found guilty by a jury for three different offenses. The first was driving under the influence, which was more serious because he had two previous DUI convictions. The jury gave him a punishment that included time in prison and other conditions like treatment and community service. He was sentenced to a total of four and a half years, with some of that time suspended, meaning he would only serve three years in prison and spend time on probation afterwards. Cato claimed the instructions given to the jury about his previous DUI convictions were wrong, saying they should have been told that one of those convictions couldn't be used to give him a harsher punishment. The court found that this mistake did not harm Cato; he still received a fair punishment based on his actions. He also argued that the way his punishment was split between prison time and treatment violated the law. However, the court ruled that this was okay because the law allows for a mix of punishment and rehabilitation for DUI cases. Cato requested that the jury be told how to consider evidence showing he refused to take a breath or blood test. Although the court said this type of instruction is important, they did not find it necessary in Cato's case because he couldn't prove that it affected the outcome of his trial. In summary, the court upheld the main parts of Cato's punishment while making a small change to one of the fines. The decision was mostly in favor of maintaining his convictions, showing the court believed that the jury's decision was fair and just.

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F-2005-557

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In OCCA case No. F-2005-557, Larry Eugene Wright appealed his conviction for robbery with a firearm, possession of a firearm after a felony conviction, possession of a firearm with an altered serial number while committing a felony, and obstructing an officer. In an unpublished decision, the court decided to affirm his convictions for robbery with a firearm, possession of a firearm with an altered serial number, and obstructing an officer, but reversed his conviction for possession of a firearm after a felony conviction. One judge dissented.

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F-2005-987

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In OCCA case No. F-2005-987, Jimmy Douglas Letterman appealed his conviction for unlawful possession of controlled drug (methamphetamine), unlawful possession of marijuana, possession of a firearm while in commission of a felony, and unlawful possession of paraphernalia. In an unpublished decision, the court affirmed his convictions for possession of methamphetamine, possession of a firearm during the commission of a felony, and unlawful possession of paraphernalia, but reversed his conviction for unlawful possession of marijuana, with instructions to dismiss. One judge dissented.

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F-2005-829

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In OCCA case No. F-2005-829, Clarence Andre Gatewood appealed his conviction for Second Degree Murder. In a published decision, the court decided to affirm Gatewood's conviction but remand for resentencing. One member of the court dissented. Gatewood was found guilty by a jury of Second Degree Murder after initially being charged with First Degree Murder. He was sentenced to life in prison. During the appeal, he raised several issues, including that the trial court didn't notify his lawyer about a jury note, denied his request for a specific sentencing instruction, and allowed an involuntary confession to be used against him. The court examined these claims. It determined that Gatewood's confession was voluntary since he was aware of his rights, was sober, and spoke to the police without any threats or promises. Therefore, this part of his appeal was denied. However, the court found that Gatewood should have received instructions about parole eligibility, based on a previous case ruling. Since the jury had even asked a question related to the meaning of a life sentence with the possibility of parole, the court felt that this instruction was necessary. Consequently, while Gatewood's conviction stands, his sentence was overturned, and the case was sent back to lower court to determine a new sentence. The court did not consider his claim about the severity of his sentence because the other findings made it unnecessary to address.

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F-2005-527

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In OCCA case No. F-2005-527, Thomas Terrill appealed his conviction for First Degree Manslaughter. In a published decision, the court decided to affirm the conviction but to vacate the sentence and remand for resentencing. One judge dissented. Thomas Terrill was originally charged with First Degree Murder in a case related to a death. During the trial, the jury found him guilty of the lesser charge of First Degree Manslaughter and suggested a sentence of life in prison. The judge agreed with the jury's recommendation and sentenced Terrell accordingly. Terrill appealed this decision, claiming there were problems with his trial. He argued that the evidence against him was not strong enough to prove he committed manslaughter. He also contended that the prosecutor made unfair comments that likely influenced the jury, and he believed that the sentence given was too harsh. After reviewing all the arguments and the case details, the court found that, despite Terrill's claims of self-defense, there was enough evidence for a reasonable person to decide that he acted in a heat of passion when he caused the victim's death. Therefore, the court did not agree with the claim that the evidence was insufficient for manslaughter. However, the court agreed with Terrill on the other two issues. It found that the prosecutor's comments, which urged the jury to think about the victim's family, were inappropriate, as these feelings should not influence the jurors' decision about the sentence. The court also mentioned that the jury had asked about the parole eligibility during their discussions, but the judge had not given them any additional instructions about this matter. The court pointed out that, based on a previous case, juries need to know relevant information about parole possibilities when deciding on a sentence. Because of these reasons, the decision was made to send the case back for a new sentencing hearing. Although Terrill's conviction for manslaughter was upheld, the previous sentence was set aside to ensure that he is given a fair opportunity during resentencing.

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F-2005-1031

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In OCCA case No. F-2005-1031, Edgar Allen Moore appealed his conviction for Shooting with Intent to Kill and Knowingly Concealing Stolen Property. In an unpublished decision, the court decided to reverse the conviction for Concealing Stolen Property and affirmed the conviction for Shooting with Intent to Kill, but ordered a remand for resentencing. One judge dissented. Moore was found guilty by a jury of two charges. The first was that he shot someone, and the second was for hiding a stolen gun. The jury said Moore should spend fifty years in prison for the shooting and five years for concealing the gun. Moore believed he shouldn’t be punished for Concealing Stolen Property because the evidence wasn’t strong enough to prove he knew the gun was stolen. When the police arrived, Moore acted nervous. He removed the ammunition from the gun and claimed he did it, but he didn’t say anything to show he knew the gun was stolen. The prosecution had to show that he knew the gun was stolen for him to be guilty of concealing it, but the court found that they didn’t have enough proof. Another issue was that the prosecutor talked about Moore’s right to stay silent in front of the jury. The comments made by the prosecutor were not allowed. The court decided that the prosecutor made a mistake by suggesting that Moore was acting suspiciously because he didn’t say anything about the gun being stolen. This made it hard for the jury to decide fairly. For the Shooting with Intent to Kill charge, there was enough evidence presented, as many people saw Moore shoot the gun at the victim. The jury deliberated and sent a note asking questions about the potential length of the sentence and whether Moore could get parole. Moore’s attorney asked the court to tell the jury about the law that states he must serve 85% of his sentence for this type of crime, but the court refused to provide this information. Ultimately, the court decided that Moore's first conviction was valid, but he deserved a new sentencing hearing so he could have proper instructions given to the jury regarding his sentence. The bad ruling about the Concealing Stolen Property charge meant that this conviction was completely reversed. The court confirmed that the results were correct but expressed that reminders about procedures regarding juries should have been followed properly. The final ruling led to Moore's sentence for the serious crime being upheld, but he will have another chance with a new hearing about how much time he must actually serve.

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F 2005-391

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In OCCA case No. F 2005-391, Steven Antonio Wooden appealed his conviction for robbery with firearms. In a published decision, the court decided to affirm Mr. Wooden's convictions, but modified his sentences from thirty years to twenty years each, and ordered the sentences to run concurrently. Two judges dissented regarding the reduction of the sentences. Mr. Wooden was found guilty in two separate robbery cases after a jury trial held in Oklahoma County. The trial took place on January 11th and 12th, 2005, and the jury set his punishment at thirty years for each robbery. The judge ordered these sentences to be served one after the other, which made his total sentence more than fifty years. Mr. Wooden argued that his trial was unfair due to several errors, including the following points: 1. He believed that combining the two robbery cases into one trial hurt his chances for a fair trial. 2. He thought he was not tried by an unbiased judge, which he believed was a serious mistake and should grant him a new trial. 3. He said that evidence from phone calls he made from jail was unfair and did not help prove that he was guilty. 4. He argued that the police officer's comments about him being out of jail on the day of the robberies were misleading and not right. 5. He mentioned that it was wrong to bring up his silence after being arrested, which he said violated his rights. 6. He thought his jury should have been told about parole rules and how sentences are supposed to work. 7. Finally, he felt that all these problems together made his trial unfair. The court looked carefully at the whole case and all the arguments that Mr. Wooden made. They said that the joining of the two robbery cases did not harm his right to a fair trial. They noted that no significant prejudice from this decision had been proven. They also believed that the judge was not biased, but pointed out that the way the judge announced what would happen if Mr. Wooden chose a jury trial did not follow the rules properly. Specifically, the judge needed to think about whether Mr. Wooden should serve his sentences at the same time instead of one after the other. Though the court acknowledged that some errors occurred during the trial, they concluded that these mistakes did not change the outcome of the case significantly. They found the mistakes regarding the sentence structure were serious enough to modify Mr. Wooden's total prison time. However, they decided that the robbery convictions were correct and would not be changed. In summary, Mr. Wooden's convictions remained in place, but his total prison time was lessened and the sentences would now be served at the same time.

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F-2005-1150

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In OCCA case No. F-2005-1150, Kendall Dewayne Carr appealed his conviction for First Degree Robbery by Force and Fear and False Personation. In an unpublished decision, the court decided to reverse the conviction for First Degree Robbery and affirmed the conviction for False Personation. One judge dissented. Carr was found guilty by a jury in the District Court of Cleveland County. He was sentenced to 20 years in prison for robbery and 4 years for false personation, with both sentences running at the same time. Carr argued that the trial court's instruction to the jury, known as a dynamite charge, forced them to reach a decision unfairly. The court examined the entire case, including trial records and evidence. They decided that the instruction given during deliberations was coercive. This means it pressured jurors to go along with the majority without respecting their own honest beliefs. The court noted that the instruction did not tell jurors to stick to their true feelings about the case. They found that this mistake was serious enough to require a new trial for the robbery conviction. The court made this decision based on the law, stating that an accurate jury instruction is important for a fair trial. While one judge had a different opinion and thought the error wasn't as serious, the majority believed that not warning jurors to hold onto their honest beliefs could have affected the outcome of the trial. As a result, they reversed the decision on the robbery while keeping the other conviction intact.

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F 2005-569

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In OCCA case No. F 2005-569, Anthony Logan Merrick appealed his conviction for multiple counts of sexual crimes involving minors. In an unpublished decision, the court decided to affirm most of Merrick's convictions but reversed and dismissed certain specific counts. One judge disagreed with part of the decision. Merrick was tried and found guilty of 21 counts of sexual abuse of a child, 2 counts of sexual exploitation of a child, 15 counts of possession of obscene material involving minors, 4 counts of first-degree rape by instrumentation, and 8 counts of indecent or lewd acts with a minor child under sixteen. He received two life sentences and additional time for the other charges, which would run together, but separately from some other counts. Merrick raised several issues in his appeal. He argued that the search warrant used to gather evidence was not valid because it did not show enough probable cause, and therefore, the evidence collected should not have been allowed in court. The court disagreed and explained that the affidavit (the document that supported the search) did provide a reasonable basis for the warrant. They determined that there was enough evidence to suggest a crime had taken place and that the search was lawful. He also claimed the warrant was not detailed enough in specifying what items could be seized. The court found that the warrant was correctly written to allow officers to identify the items they needed to seize. Merrick's next point was about double punishment. He argued he should not be punished for both the act of lewd molestation and the possession of related images, saying it was unfair. However, the court concluded that these were separate crimes, and thus he could be punished for both. Merrick also believed he should only be charged once for a large number of images found, but the court stated that there were indeed separate counts for each type of evidence that were introduced. Lastly, Merrick claimed that his lawyer did not help him enough during the trial, which hurt his case. The court said there wasn't enough evidence to show that he was harmed by his lawyer's performance. As a result, the court upheld the majority of the convictions while reversing some counts related to possession of images, ordering them to be dismissed.

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F-2004-1188

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In OCCA case No. F-2004-1188, Daniel Allen Moore appealed his conviction for First Degree Murder. In an unpublished decision, the court decided to affirm the conviction but remanded the case for resentencing due to a jury instruction error. One judge dissented. On June 9, 2003, Daniel Allen Moore shot 24-year-old Garade Jean Girsback in front of a mobile home where she was babysitting. Girsback was related to Moore's wife and had often lived with their family. That evening, Moore hosted a barbecue and was drinking. Witnesses heard him express anger towards Girsback and make threats about killing her. After becoming upset during their conversation, Moore accidentally fired his gun, hitting Girsback. Moore and his wife left without trying to help, and he disposed of the gun. Later, he told a neighbor it was an accident and claimed he only meant to scare Girsback. The main question during the trial was whether Moore had intended to kill Girsback or whether her death was due to recklessness or negligence. The court found that there was an error because the jury was not properly informed about the punishment options for first-degree murder, specifically failing to instruct that life with the possibility of parole was an option. The state agreed this instruction was missed, but they argued it did not affect the outcome because the defense had mentioned the options during closing arguments. The court decided that the jury's confusion could have influenced their decision, especially since they only deliberated briefly before returning a verdict and sentencing Moore to life without parole. Because of this, the case was sent back for a new sentencing hearing with the correct instructions provided to the jury. Additionally, the court addressed other claims by Moore, like the admission of his statements to police. It concluded these statements were allowed for impeachment purposes and did not violate his rights, as they were spontaneous comments. The defendant also argued there was insufficient evidence and that various errors during trial warranted a different outcome, but the court found that while there were errors, they did not combine to affect the fairness of the trial significantly. In summary, the court upheld the conviction but required that the sentencing be done again with proper jury instructions about the punishments available to them.

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