F Archives - Page 33 of 39

F-2001-1529

Post author:Staff
Post published:June 19, 2003
Post category:F

In OCCA case No. F-2001-1529, Daniel Kelly Orcutt appealed his conviction for Manslaughter in the First Degree. In a published decision, the court decided to reverse and remand the case for a new trial. One judge dissented. Here's a summary: Daniel Kelly Orcutt was found guilty of Manslaughter in the First Degree by a jury. The trial was held in Creek County, and the judge sentenced him to fifty years in prison and a $10,000 fine. Orcutt believed he had a fair trial, but he had several complaints about how things went during the trial. He argued that the trial court should not have allowed the jury to separate during their talks. He felt this decision was unfair and took away his rights to a fair trial because they could be influenced by outside information. He pointed out that he objected to this decision when it was made, but it still happened. Orcutt also complained that the prosecutor made comments about him not testifying, which he felt was wrong. He believed that he didn’t get all the information he needed from the state before the trial started, which made it difficult for him to defend himself. Furthermore, he felt the court restricted how he represented himself, even after allowing him to do so. The court agreed with Orcutt that these issues were important. They decided that these errors could lead to a different outcome if the trial were held again. Because of this, the judges in the OCCA decided that he would have a new trial so that he could have a fair chance to defend himself properly.

F-2002-552

Post author:Staff
Post published:June 10, 2003
Post category:F

In OCCA case No. F-2002-552, Jack Leroy Helms appealed his conviction for Unlawful Possession of Obscene Pictures of Minors. In an unpublished decision, the court decided to affirm Helms's conviction but to modify his sentence to two years of imprisonment. One member of the court dissented. The case began when Helms was tried by a jury and found guilty of having illegal pictures of minors. The trial took place in Jefferson County. The jury recommended a 15-year sentence, and the trial judge sentenced Helms accordingly. However, Helms argued that he should have been charged under a different law that applied specifically to possession of child pornography, which would result in a shorter sentence. The court agreed that Helms should have been charged under the more specific statute, but they affirmed his conviction. They also decided that his imprisonment sentence should be reduced to two years instead of the original 15 years. Helms raised several issues during his appeal, claiming that he was unfairly treated during the trial, that there wasn't enough evidence against him, and that his sentence was too harsh. The court found that the evidence was sufficient to uphold his conviction, as there were witnesses and online activities that indicated he had access to the illegal pictures. In the end, Helms's conviction was upheld, but changes were made to the judgment to show he was convicted under the correct law and his sentence was adjusted to be less severe. The decision allowed some correction but ultimately found in favor of the prosecution's case against Helms.

F 2003-648

Post author:Staff
Post published:June 6, 2003
Post category:F

In OCCA case No. F 2003-648, Remigio Rivas appealed his conviction for First Degree Rape by Instrumentation and Lewd Acts with a Child under Sixteen. In an unpublished decision, the court decided to affirm his convictions but modified the sentences from 100 years to 75 years for each count. One judge dissented.

F 2002-532

Post author:Staff
Post published:June 3, 2003
Post category:F

In OCCA case No. F 2002-532, James Jermaine Woodfork appealed his conviction for multiple crimes, including Kidnapping, Assault and Battery with a Dangerous Weapon, Domestic Abuse, and other offenses. In a published decision, the court decided to uphold some of his convictions while reversing others and sending them back to the District Court for dismissal. One member of the court dissented. Woodfork had been found guilty of various charges after a jury trial. He received significant sentences for his convictions, including 25 years for Kidnapping and 30 years for Assault and Battery with a Dangerous Weapon. However, he raised concerns about double jeopardy, arguing that his multiple convictions for similar offenses involving different victims should not have occurred. The court agreed with him on some counts and reversed those convictions. Additionally, the court examined claims of trial errors and prosecutorial misconduct. Even though the prosecutor made some inappropriate comments during the trial, the court concluded that these did not significantly affect the overall fairness of the trial or the jury's decision, so they did not lead to a reversal of the sentence. In summary, some of Woodfork's convictions were upheld, while others were reversed, and he was given a chance for those to be dismissed. This case highlights important legal principles about multiple charges and the rights of defendants in a criminal trial.

F-2002-653

Post author:Staff
Post published:June 2, 2003
Post category:F

In OCCA case No. F-2002-653, Carole Jean Arnold appealed her conviction for Driving While Under the Influence and Driving While License is Suspended. In an unpublished decision, the court decided to affirm the judgment and modify the sentence. One judge dissented. Carole Jean Arnold was found guilty by a jury in the District Court of Payne County. The jury decided she should spend five years in prison and pay a $500 fine for driving while under the influence. For driving with a suspended license, the jury decided on one year in prison and another $500 fine. The trial judge ruled that the fines would be suspended, but Carole didn't agree with the conviction. In their review, the court looked at several issues that Carole raised. First, she argued that there was not enough evidence to prove she was intoxicated when she was driving. However, the court found that the evidence was strong enough. There were officers who testified that they smelled alcohol on her breath, noticed her speech was slurred, her eyes were bloodshot, and that she was having trouble standing up. Carole admitted to drinking alcohol before driving, which supported the jury's conclusion. Second, Carole claimed the trial court made a mistake by not correctly telling the jury about possible punishments. The court agreed that this was a mistake because the jury should have been aware of more options regarding punishment. Since the defense attorney did not object during the trial, it was still considered a major error that needed to be corrected. Because of this mistake, the court changed Carole's prison sentence to two years instead of the longer one originally given. The third issue Carole had was about a test called the Horizontal Gaze Nystagmus test, which was used to check her level of intoxication. The court agreed that there were rules about when scientific evidence can be used at trials, and those rules were not followed when this test's results were allowed. However, the court also decided that this error was not serious enough to have changed the jury's decision, so it didn’t matter much in the end. Lastly, Carole felt her overall punishment was too harsh. Because the court already changed the length of her sentence due to the earlier mistake, they found that they did not need to make any other changes. In the end, the court upheld Carole's conviction but changed her sentence to two years in prison. One judge disagreed with modifying her sentence, believing the jury's maximum sentence was appropriate and that the results of the test were acceptable in court.

F-2002-492

Post author:Staff
Post published:May 20, 2003
Post category:F

In OCCA case No. F-2002-492, Scott Lee Fox appealed his conviction for multiple crimes, including Assault and Battery with Intent to Kill and Injury to a Minor Child. In a published decision, the court decided to affirm most of the convictions and sentences, but reversed and dismissed the conviction for Injury to a Minor Child. One judge dissented.

F-2002-108

Post author:Staff
Post published:April 30, 2003
Post category:F

In OCCA case No. F-2002-108, Ricky Dion Bruner appealed his conviction for multiple crimes. In an unpublished decision, the court decided to reverse two of his kidnapping convictions but affirmed the rest of his sentences. One judge dissented. Ricky Dion Bruner was found guilty of serious crimes, including robbery, assault with a deadly weapon, kidnapping, and rape. A jury decided his punishment, giving him life in prison for several charges and various other sentences for the remaining counts. However, when Bruner appealed, he argued that some of these convictions shouldn't have happened because they violated rules against being tried for the same crime twice and that the evidence didn’t support some of the charges. The court examined these arguments. They agreed that Bruner shouldn’t have been convicted of both kidnapping and robbery in two cases because they happened during the same event and were too closely related. Therefore, they reversed those two kidnapping charges. However, they found enough evidence to support his other convictions, deciding that the jury could have reasonably reached those conclusions. Regarding his sentences, though they were harsh, the court determined they were not so extreme as to be unfair or against the law. So, they upheld most of his sentences but made sure that the two kidnapping convictions were dismissed and sent the matter back to the lower court for further actions.

F-2002-24

Post author:Staff
Post published:April 30, 2003
Post category:F

In OCCA case No. F-2002-24, Tomas Mendiola Bernal appealed his conviction for maintaining a place for keeping or selling drugs and three counts of delivering and distributing cocaine. In an unpublished decision, the court decided to reverse the conviction for maintaining a place for selling drugs and ordered a new trial for that charge, but affirmed the convictions and sentences for delivering and distributing cocaine. One member of the court disagreed with some parts of the decision.

F-2002-323

Post author:Staff
Post published:April 28, 2003
Post category:F

In OCCA case No. F-2002-323, David Dean Wichita appealed his conviction for Lewd Molestation and Forcible Oral Sodomy. In an unpublished decision, the court decided to reverse the conviction. One judge dissented. The case focused on whether Wichita had properly waived his right to a jury trial. The court found that there was not enough evidence in the record to show that he understood and agreed to give up this important right. The State agreed that this was a mistake and that the case needed to be looked at again. The judges explained that a person must clearly show they are giving up their right to a jury trial. There was no proof in the record that Wichita made this choice himself or that he did it knowingly and wisely. Because of this error, the judges decided that Wichita should have a new trial.

F 2002-157

Post author:Staff
Post published:April 1, 2003
Post category:F

In OCCA case No. F 2002-157, Kenneth Lee Dueitt appealed his conviction for Manufacturing a Controlled Dangerous Substance (Methamphetamine), Possession of a Precursor Substance (Red Phosphorus), Possession of a Controlled Dangerous Substance (Methamphetamine), and Possession of Drug Paraphernalia. In an unpublished decision, the court decided to affirm his convictions for Manufacturing Methamphetamine, Possession of a Controlled Dangerous Substance, and Possession of Drug Paraphernalia while reversing the conviction for Possession of a Precursor Substance and remanding it for a new trial. One judge dissented on the decision regarding the reversal of Count 2.

F-2001-1514

Post author:Staff
Post published:March 20, 2003
Post category:F

In OCCA case No. F-2001-1514, Montain Lamont Maxwell appealed his conviction for Robbery with Firearms. In an unpublished decision, the court decided to reverse the conviction and remand for a new trial. One judge dissented. Montain Lamont Maxwell was tried by a jury and found guilty of robbery using a firearm. The jury decided he should be sentenced to 20 years in prison. Afterwards, he appealed his conviction, saying there were problems during his trial. First, Maxwell claimed the prosecution said things that made it seem like he was guilty for not speaking up during the trial. This goes against his right to remain silent, a protection given by the U.S. Constitution. He argued that the prosecutor asked improper questions and made unfair comments about his silence before and after his arrest. Second, Maxwell said the way he was identified as the robber wasn't reliable, and he argued that the trial court should have told the jury to be careful about believing eyewitness accounts. He also argued that there wasn’t enough evidence to prove he committed the robbery with a dangerous weapon. Finally, Maxwell said his lawyer didn’t help him enough during the trial, which violated his rights. The court took a close look at all the problems raised by Maxwell. They found that the prosecution had indeed made mistakes regarding his right to stay quiet. They commented unfairly about his silence, which might have led the jury to think he was hiding something. The court also noted that the evidence against Maxwell came down to conflicting stories between him and the victim. The jury had a hard time reaching a decision and sent many notes during their deliberation. Because of the unfair treatment regarding his silence and the lack of a proper defense from his lawyer, the court decided these issues were serious enough that they couldn't ignore them. In the end, the court reversed Maxwell's conviction and ordered a new trial to make sure he gets a fair chance to defend himself.

F-2002-1509

Post author:Staff
Post published:March 18, 2003
Post category:F

In OCCA case No. F-2002-1509, Dontrell Maurice Baird appealed his conviction for trafficking in illegal drugs, possession of controlled dangerous substances, and possession of CDS without a tax stamp, as well as unlawful possession of drug paraphernalia. In an unpublished decision, the court decided to affirm the convictions but required resentencing on the trafficking and possession charges, while upholding the sentence for the possession of drug paraphernalia. One judge dissented. Baird was convicted in the District Court of Payne County on multiple drug-related charges. The jury sentenced him to a total of 82 years in prison across four counts, with some sentences running concurrently and others consecutively. However, Baird appealed on several grounds, claiming that his right to due process was violated due to incorrect jury instructions on punishment, that evidence for some charges wasn't sufficient, and that his sentences were excessive. The court found that errors in the jury instructions affected the punishment range for three of the counts. Both Baird and the State agreed that the jury was not properly informed about the range of penalties for trafficking in cocaine base, possession of marijuana, and possession of CDS without a tax stamp. Baird's prior convictions complicated the appropriate classification of his current offenses, leading to confusion that the jury was not guided through properly. The court established that it would have been correct for the jury to be told about the proper punishment ranges, based on Baird's prior crimes. Given these mistakes in the instructions, the court decided to send the case back for resentencing on those counts without requiring a new trial. Despite Baird's claims that he was deprived of effective legal counsel, the court ruled that the issues raised concerning the jury instructions were enough to grant leniency in this case. The other claims, focusing on the sufficiency of evidence and whether the cumulative errors affected the trial's fairness, were found not to necessitate any further relief. Thus, the court upheld Baird's convictions but needed to correct the sentencing errors related to trafficking and possession charges, while confirming the sentence for unlawful possession of drug paraphernalia as appropriate.

F-2001-1444

Post author:Staff
Post published:March 12, 2003
Post category:F

In OCCA case No. F-2001-1444, the appellant appealed his conviction for Driving Under the Influence of Alcohol (2nd offense) and Driving While Privilege Suspended. In an unpublished decision, the court decided to reverse the conviction for Driving Under the Influence and ordered a new trial with proper instructions. The judgment for Driving While Privilege Suspended was affirmed. One judge dissented.

F 2001-1497

Post author:Staff
Post published:March 12, 2003
Post category:F

In OCCA case No. F 2001-1497, Michael Keith Brock appealed his conviction for multiple drug-related offenses. In a published decision, the court decided to reverse his conviction for one count but affirmed the convictions for the other counts. One judge dissented. Michael Brock was found guilty after a jury trial on several counts including manufacturing methamphetamine and trafficking illegal drugs. The court sentenced him to a total of 40 years in prison and fines totaling $185,000. He appealed the decision, raising multiple issues regarding the legality of his search and seizure, his treatment in court, and the sufficiency of the evidence against him. The court reviewed several arguments from Brock. He claimed that the search was unreasonable and violated his rights, and he argued that he should not have been brought before the jury in jail clothes. He also contended that the affidavit for the search warrant did not give enough reason for the police to search him and that the search of a person not named in the warrant was illegal. The court found that Brock did not properly object to many of the issues he raised during the trial. It ruled that the search and seizure were valid and did not violate his rights. They determined that wearing jail clothing did not prejudice him during his trial. While the court agreed that one of the charges—possession of a precursor substance—was incorrectly charged and reversed that conviction, they upheld the remaining convictions. Ultimately, the decision led to the reversal of one count against Michael Brock while affirming the rest of his convictions.

F-2002-708

Post author:Staff
Post published:March 6, 2003
Post category:F

In OCCA case No. F-2002-708, Gary Don Caudill appealed his conviction for Robbery with a Dangerous Weapon. In an unpublished decision, the court decided to modify his sentence. The original jury had recommended an 18-year sentence, but the district court imposed a 35-year sentence and a $2000 fine instead. Caudill argued that this was not fair because the court should not have given him a longer sentence than what the jury recommended. The court agreed with this claim, stating that the state had made a mistake because of a prior legal opinion that was later changed. As a result, Caudill's sentence was modified back to 18 years in prison with the same fine. The decision of the district court was affirmed, but his sentence was changed. One judge dissented.

F-2002-201

Post author:Staff
Post published:March 5, 2003
Post category:F

In OCCA case No. F-2002-201, Robert Mark Stephens appealed his conviction for First Degree Robbery and Attempted Kidnapping. In an unpublished decision, the court decided to affirm his convictions but modified his sentences to run concurrently. One judge dissented. Stephens was found guilty by a jury in Tulsa County and was sentenced to fifteen years for robbery and one year for attempted kidnapping, with the sentences to run one after the other. He raised several issues for appeal. First, he argued that his right to due process was violated because the court did not order a professional examination to check if he was competent to stand trial. However, the court concluded that there were not enough facts to raise a doubt about his competency. Second, Stephens claimed the trial court abused its power by not allowing him to use a mental illness defense. The court found no error in this as Oklahoma law does not allow for a defense of diminished capacity in non-capital cases. Third, he said he did not get a fair trial because the judge did not permit jury instructions on his mental capacity, which he believed was necessary to explain his intent during the crime. The court agreed with the trial court's ruling, saying that there is no provision for mitigating evidence in such trials. Stephens also believed he had ineffective help from his lawyer, but the court found he did not prove this claim. Finally, he said the trial judge wrongly refused to consider concurrent sentences, which led to an abuse of discretion. The court acknowledged this point and modified his sentences so they would run at the same time. In summary, the court upheld the convictions but changed the way the sentences would be served, allowing Stephens to serve his time for both crimes together instead of separately.

F-2002-493

Post author:Staff
Post published:March 4, 2003
Post category:F

In OCCA case No. F-2002-493, Donnell E. Williams appealed his conviction for second-degree burglary and knowingly concealing stolen property. In a published decision, the court decided to affirm the judgments but modify the sentences to be served concurrently instead of consecutively. One judge dissented. Williams was found guilty by a jury of breaking into a place that was not his and hiding things that were stolen. The jury recommended a punishment of twenty-five years in prison for each count, with the need to serve all the punishment one after the other. Williams argued several points in his appeal. First, he said that the court did not tell the jury they could consider that he might have had permission to enter the property. Second, he thought the jury should have been told about a lesser crime than burglary. Third, he claimed that the way the prosecutor spoke during the trial was unfair and hurt his chances for a fair trial. Fourth, he felt that his twenty-five-year sentences were too long. Finally, he believed that all the mistakes made during the trial, when added together, meant he did not have a fair chance in court. After looking at everything in the case, the court found that Williams's points for appeal did not require them to change the jury's decision on his guilt. They agreed that the jury did not need information on asking if he had consent or the lesser charge since there was no strong evidence to support his claims. They also concluded that the prosecutor's actions did not prevent Williams from getting a fair trial because there was strong evidence against him. However, the court felt that making Williams serve his sentences one after the other was too severe, especially because he was living in a vacant house and facing challenges like being homeless and struggling with substance use. They decided that twenty-five years was enough time for him to pay for what he did and get the help he might need. In short, the court kept his convictions but changed his sentence so that he would serve his time together rather than separately. This way, he would have a better chance to start again after serving his time. One judge disagreed with the decision to change the sentences to run together, believing the original decision by the trial court was correct given Williams's history of prior convictions.

F-2002-484

Post author:Staff
Post published:March 3, 2003
Post category:F

In OCCA case No. F-2002-484, Kevin Eddy Bumgarner appealed his conviction for First-Degree Arson and Attempting to Elude a Police Officer. In a published decision, the court decided Bumgarner’s sentence was excessive and modified it from 275 years to 45 years imprisonment. One judge dissented, stating that the original sentence reflected the jury's view of Bumgarner's actions.

F-2002-203

Post author:Staff
Post published:February 28, 2003
Post category:F

In OCCA case No. F-2002-203, Kristy Ladell Thompson appealed her conviction for robbery with a weapon, conspiracy, and assault and battery with a dangerous weapon. In an unpublished decision, the court decided to affirm the convictions for robbery with a weapon and conspiracy but reversed the conviction for assault and battery, directing that it be dismissed. One judge dissented regarding the conspiracy conviction, believing there wasn't enough evidence to support it.

F-2002-202

Post author:Staff
Post published:February 28, 2003
Post category:F

In OCCA case No. F-2002-202, Kenneth Glenn Thompson appealed his conviction for robbery with a weapon, conspiracy, and assault and battery with a dangerous weapon. In an unpublished decision, the court decided to affirm the convictions for robbery with a weapon and conspiracy but reversed the conviction for assault and battery. One judge dissented regarding the conspiracy charge, believing there was not enough evidence to support it.

F-2002-356

Post author:Staff
Post published:February 26, 2003
Post category:F

In OCCA case No. F-2002-356, Heidi Renee Pitt appealed her conviction for Unlawful Possession of Methamphetamine. In an unpublished decision, the court decided to reverse her conviction. One judge dissented. Heidi Pitt was found guilty by a jury of having methamphetamine. The event took place in Pushmataha County, where she had been sentenced to two years in prison, with the first six months to be served. However, she appealed this decision, arguing that there wasn't enough evidence to prove she was guilty beyond a reasonable doubt. During the trial, the state did not provide any proof that Heidi knew about the drugs or had control over them. The drugs were actually discovered when her co-defendant threw them on the ground during his arrest. Because there was no indication that Heidi had any knowledge of or control over the drugs, the court found that the evidence was not enough to support her conviction. After looking at all the evidence, the court decided that Heidi's conviction should be overturned and sent back to the lower court with instructions to dismiss the case. One judge disagreed and felt there was enough evidence to support Heidi's conviction.

F 2002-175

Post author:Staff
Post published:February 19, 2003
Post category:F

In OCCA case No. F 2002-175, James Dale Vaughn appealed his conviction for Trafficking Methamphetamine. In an unpublished decision, the court decided to affirm the convictions but modified the sentence for one of the counts. One judge dissented. Vaughn was found guilty of several charges after a police search of his home revealed drugs and a firearm. The police had a search warrant based on information from a confidential informant who claimed Vaughn was selling methamphetamine. During the search, officers discovered methamphetamine in various amounts, drug paraphernalia, and a firearm. Vaughn argued that the search warrant was improperly issued because it relied on hearsay from the informant that was not verified. The court found that there was enough information to justify the warrant and allowed the evidence found during the search to be admitted in court. Additionally, Vaughn claimed the trial court should have required the state to reveal the informant's identity. However, the court decided that the informant's identity was not relevant to Vaughn's defense, and so did not need to be disclosed. Finally, Vaughn argued that the jury was not properly instructed on the possible punishment for one of his charges. The court agreed that the instruction was incorrect and reduced the sentence for that particular charge, while upholding the convictions for the other charges. Thus, the overall decision allowed the convictions to stand, but changed the punishment for one count.

F 2002-101

Post author:Staff
Post published:January 23, 2003
Post category:F

In OCCA case No. F 2002-101, Danny Joe Boomershine appealed his conviction for Forcible Sodomy and Rape by Instrumentation. In an unpublished decision, the court decided to affirm his convictions but modified the sentences to run concurrently instead of consecutively. One judge dissented, suggesting that the sentences should be modified to life.

F-2002-470

Post author:Staff
Post published:January 16, 2003
Post category:F

In OCCA case No. F-2002-470, Dearel Oglesby appealed his conviction for Distribution of a Controlled Substance (Methamphetamine). In an unpublished decision, the court decided to affirm his conviction but modify his sentence to 20 years in prison with a $20,000 fine. One judge dissented. Dearel Oglesby was found guilty by a jury of selling methamphetamine. He was sentenced to life in prison, which he believed was too harsh. Oglesby raised four main issues in his appeal. First, he claimed that the trial allowed some evidence that should not have been included according to the state’s rules. The court found that even though one lab report was late, it was not a major issue since it didn't harm Oglesby’s case. Second, Oglesby argued that he did not get his right to a preliminary hearing, but the court found there was enough evidence to prove there might have been a crime. Third, he was concerned that the jury saw evidence about other drug sales he allegedly made, which he thought was unfair. The court noted that while some of this evidence was not really necessary, the prosecutor did not act on it inappropriately. Finally, Oglesby spoke about a witness being added during the trial, but the court felt that was handled correctly since it wasn’t a key part of the case. The judges found that Oglesby’s punishment was extreme considering the small amount of drugs involved, so they decided to reduce his sentence instead of just keeping the life sentence. This decision was met with some disagreement from one judge, who thought the evidence was relevant and that the original sentence should stay as is.

F-2001-1372

Post author:Staff
Post published:January 10, 2003
Post category:F

In OCCA case No. F-2001-1372, #Welch appealed his conviction for #First Degree Burglary and Peeping Tom. In an (unpublished) decision, the court decided #to affirm the conviction but vacate the fine imposed. #No one dissented. Tony Wayne Welch was found guilty of breaking and entering a building and also for being a Peeping Tom. The court sentenced him to thirty years in prison for burglary and one year in jail for the Peeping Tom charge, which would be served at the same time. Welch challenged several things about his trial. First, he said the jury should have been told they could consider a lesser charge of breaking and entering, but the court said that was not appropriate. Then, he argued that the prosecution misled the jury, but the court disagreed, stating that the prosecution's remarks did not unfairly influence the jury. Welch also claimed his lawyer did not represent him well, but the court found no evidence that this hurt his case. The court did determine, however, that there was a mistake in how the punishment for Peeping Tom was explained to the jury, which was considered a serious error. Since Welch had already served his jail time since the trial, there wasn’t much that could be done about it. The court decided to take away the $500 fine from the Peeping Tom charge. Lastly, the court found that it was not required to inform the jury about how much time Welch would have to serve before he could be released on parole. They decided that his overall sentence was fair, and nothing about the trial significantly harmed his chances for a fair outcome. In the end, the court upheld the verdict of the jury but removed the fine, stating that despite some issues during the trial, they did not impact the fairness of his conviction.