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S-2022-41

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In OCCA case No. S-2022-41, the State of Oklahoma appealed the conviction of Joshua Kyle Rhynard for unlawful possession of a controlled drug with intent to distribute, possession of a firearm after a felony conviction, possession of a controlled dangerous substance (marijuana), and unlawful possession of drug paraphernalia. In an unpublished decision, the court decided that the appeal was improperly brought and dismissed it. One judge dissented, arguing that the State made a sufficient case for review based on the importance of the evidence that had been suppressed. The dissenting opinion believed that the trial court made an error in suppressing the evidence found during a search because the officers executing the warrant used reasonable belief about the address they were searching.

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S-2020-858

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In OCCA case No. S-2020-858, the State of Oklahoma appealed the dismissal of a conviction against Jeremy Lawhorn for Lewd or Indecent Acts with a Child Under 16. In a published decision, the court decided that the district court correctly dismissed the case due to a lack of jurisdiction, affirming that the crime occurred in Indian Country within the boundaries of the Quapaw Nation Reservation. A dissenting opinion was filed.

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S-2020-79

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In OCCA case No. S-2020-79, Stricker appealed his conviction for First Degree Murder and Desecration of a Human Corpse. In an unpublished decision, the court decided to affirm the ruling of the District Court that dismissed the alternative charge of First Degree Felony Murder during the commission of a kidnapping. None dissented. On April 17, 2019, Stricker was charged with serious crimes including First Degree Murder in Kingfisher County. Later, he faced an amended charge stating he could be guilty of First Degree Premediated Murder or First Degree Felony Murder related to kidnapping. During a hearing, the judge decided to dismiss the kidnapping charge based on insufficient evidence, which led the State to appeal the decision. The State argued that the judge’s decision was incorrect because they believed there was enough evidence to show that a crime occurred and that Stricker was involved. They said that at a preliminary hearing, it's essential to prove that probably a crime was committed and that the person involved might have done it. The judge ruled that although Stricker was in a position to manage his victim, there wasn't enough proof to suggest he intended to kidnap her. The second argument from the State was about the timing of Stricker's motion to quash the charges. They claimed the judge should not have considered this motion because it was filed after he pleaded not guilty. However, the court found that the judge did have the authority to hear the motion, even though the prosecution thought otherwise. Ultimately, the court found no error in the District Court's decision to dismiss the charge of First Degree Felony Murder related to kidnapping and decided to uphold that dismissal.

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S-2019-242

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In OCCA case No. S-2019-242, the State of Oklahoma appealed Wesley Warren Peritt Weaver, II's conviction for Sexual Abuse of a Child Under 12. In an unpublished decision, the court decided to affirm the trial court's ruling that denied the State's request to introduce evidence of the defendant's prior sexual offenses as propensity evidence. One judge dissented. This case started on January 5, 2017, when the defendant, Weaver, was charged with sexually abusing his daughter, A.W., from 2011 to 2016. During a preliminary hearing, A.W. claimed that her father abused her and shared this information with her mother. The case involved testimonies from both A.W.'s mother and a forensic interviewer who assessed A.W. The State later sought to present evidence of previous sexual offenses allegedly committed by Weaver against another child, A.A., to demonstrate a pattern of behavior. A.A. testified that Weaver had molested her several years earlier. However, during a hearing, the trial court decided not to allow this evidence, stating that its probative value was less than the potential for unfair prejudice against Weaver. The State of Oklahoma appealed this ruling. They argued that the trial court made an error in not permitting the sexual propensity evidence, which could provide context for Weaver's behavior in the current case. The appellate court looked closely at the details of the case and the rules surrounding the admissibility of such evidence. Ultimately, the appellate court ruled to affirm the trial court's decision, meaning that the prior offense evidence would not be allowed during the trial against Weaver. The court concluded that the trial court's decision was reasonable and did not abuse its discretion. They found solid reasoning in the trial court's assessment of the evidence's relevance versus its potential negative impact on the jury's perception. One judge disagreed with the majority opinion, believing that the trial court had not fully considered the nuances of the sexual propensity laws and had conflated different types of evidentiary standards. This dissenting opinion emphasized the importance of acknowledging the differences between types of evidence when it comes to sexual offenses. In short, the case involved serious allegations against Weaver regarding his daughter, and while the State attempted to build a strong case by including prior incidents, the court ultimately felt that allowing such evidence would not be appropriate during the trial.

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S-2019-479

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This document is a summary opinion from the Oklahoma Court of Criminal Appeals regarding the case involving Chris Forte and Skyla Forte, who were charged with Child Abuse by Injury and Child Neglect. The order of the District Court, which quashed the child abuse charge due to insufficient evidence, has been reversed by the appellate court. Key points from the document include: 1. The appellate court held that the District Court abused its discretion in determining that the magistrate's bind-over order for Count 1 (Child Abuse by Injury) was not based on competent evidence. 2. The preliminary hearing established that the alleged victim, a six-year-old girl named K.K., suffered extensive bruising and malnourishment which were reported as a result of the conduct of the Appellees. 3. Evidence included testimony from a child abuse pediatrician whose findings indicated that the injuries were consistent with abuse rather than legitimate disciplinary actions. 4. The court stated that the determination of whether the force used was reasonable or excessive is typically a matter for a jury to decide. 5. Ultimately, the matter has been remanded to the District Court for further proceedings consistent with the appellate court's opinion. The case illustrates the legal standards for assessing probable cause during preliminary hearings and clarifies the threshold for determining whether the use of physical discipline may cross into abusive conduct under Oklahoma law.

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S-2018-1173

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In OCCA case No. F-2018-895, Ward appealed his conviction for possessing a firearm after felony convictions. In an unpublished decision, the court affirmed the conviction, finding no error in the arrest and evidence. One judge dissented. The ruling concluded that the evidence supported the conviction despite Ward's claims.

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S-2018-952

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### COURT OF CRIMINAL APPEALS ### STATE OF OKLAHOMA ### CASE NO. S-2018-952 **THE STATE OF OKLAHOMA** Appellant, v. **JOHN GLENN MORGAN** Appellee. **OPINION** *Rowland, J.:* The State of Oklahoma charged John Glenn Morgan with possession of a controlled drug, unlawful possession of drug paraphernalia, and unsafe lane change. Following a motion to suppress evidence obtained during a warrantless search of Morgan's vehicle during a traffic stop, the district court granted the motion, resulting in the dismissal of two felony counts against Morgan. The State appeals this decision, claiming errors in the district court's evaluation of the traffic stop's duration, Morgan's consent to a search, the justification for continued detention, and the applicability of an independent source doctrine. **BACKGROUND** On September 5, 2018, Owasso Police Officer Josua Goins stopped Morgan after witnessing reckless driving. During the stop, a drug dog was brought to screen the vehicle. After the dog alerted, officers found methamphetamine and drug paraphernalia. The district court later ruled that the extended detention to wait for the drug dog was not supported by reasonable suspicion after the initial traffic violation was addressed. ### DISCUSSION #### Proposition 1: Proper Evaluation of Duration of the Stop The court acknowledges that any motorist has the right to be free from unreasonable searches and seizures under both the United States and Oklahoma Constitutions. A traffic stop should be limited to its purpose, and any extended detention must be justified through reasonable suspicion. The district court considered the duration of the stop and determined that once Officer Goins had administered necessary tests and checks, he had no basis for further detention and should have issued a citation. #### Proposition 2: Consent to Search and Duration Requirements The State argues that Morgan's consent to search the trailer should extend the permissible duration of the stop. Still, the court finds that the time spent inspecting the trailer after the sober tests and inspection does not justify further detention without any additional reasonable suspicion of criminal activity. #### Proposition 3: Justification for Extended Detention The State failed to provide sufficient justification for extending the detention beyond investigating the traffic violation. The details already addressed during the stop contradicted the necessity for prolonged inquiry based on Morgan's logbook, a secondary issue due to the unavailability of a trooper to assist. #### Proposition 4: Independent Source Doctrine The State contended that any evidence obtained during the illegal extension could be justified under the independent source doctrine; however, the trial court found no separate basis for the initial stop's extension that would legitimize the evidence obtained afterward. ### DECISION The Court affirms the district court's ruling to grant Morgan's motion to suppress. The evidence obtained during the extended stop is inadmissible, reinforcing the importance of adhering to constitutional protections against unreasonable search and seizure during traffic stops. **Affirmed**. **Concurrences**: Lewis, Kuehn, Lumpkin, Hudson. [Download PDF](https://opinions.wirthlawoffice.com/wp-content/uploads/S-2018-952_1734278226.pdf)

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S-2018-1227

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**IN THE COURT OF CRIMINAL APPEALS OF THE STATE OF OKLAHOMA** **THE STATE OF OKLAHOMA,** Appellant, **v.** **DAVID FLORES VILLANUEVA,** Appellee. **No. S-2018-1227** **NOT FOR PUBLICATION** **FILED** **IN COURT OF CRIMINAL APPEALS** **STATE OF OKLAHOMA** **SEP 26 2019** **JOHN D. HADDEN** **CLERK** --- **SUMMARY OPINION** LEWIS, PRESIDING JUDGE: On March 6, 2018, Defendant Villanueva was charged with one count of Burglary in the First Degree in Comanche County Case No. CF-2018-135. On November 7, 2018, a preliminary hearing was held before the Honorable Ken Harris, Special Judge. At that hearing, the State amended the information to include a charge of Conspiracy to Commit Burglary. Villanueva demurred to both charges; the demurrer to the burglary charge was overruled, while the conspiracy charge was granted. The State appealed this ruling under Rule 6.1 and 22 O.S.2011, § 1089.1. Judge Meaders, after reviewing the preliminary hearing transcript and hearing arguments from both sides, upheld the magistrate's decision. From this ruling, the State continued its appeal. The State's primary argument was that it was erroneous for the trial court to grant Villanueva's demurrer concerning the conspiracy charge. According to Rule 11.2(A)(4), this appeal was automatically assigned to the Accelerated Docket. The analysis considers whether there was sufficient evidence, viewed favorably towards the State, to find that a felony crime occurred and that Villanueva likely committed it. The Court must uphold the magistrate's ruling unless there was an abuse of discretion. The Court determined that no such abuse of discretion occurred in this instance. The decision to grant the demurrer concerning the conspiracy charge was not clearly erroneous or illogical based on the evidence presented. **DECISION** The order dismissing the conspiracy charge against Villanueva in Comanche County District Court Case No. CF-2018-135 is AFFIRMED. A MANDATE is ORDERED issued upon the delivery and filing of this decision, in accordance with Rule 3.15. --- **APPEARANCES AT TRIAL** **COUNSEL FOR STATE/APPELLANT** Kyle Cabelka, Assistant District Attorney Comanche County **COUNSEL FOR DEFENDANT/APPELLEE** Clay Hillis Lawton, OK --- **OPINION BY:** LEWIS, P.J. **CONCUR:** KUEHN, V.P.J.; LUMPKIN, J. **DISSENT:** HUDSON, J.; ROWLAND, J. --- **DISSENTING OPINION OF HUDSON, J.:** I align with Judge Rowland's dissent and wish to emphasize that the magistrate's decision did not adhere to the proper legal standard, which mandates that at a preliminary hearing, the State is not obliged to present evidence that would suffice for a conviction; rather, the standard is to establish probable cause. The preliminaries focus on whether there is enough evidence for a reasonable person to conclude that an agreement to commit a crime existed among the suspects. Based on the testimony, when two armed men and a female accomplice invade a home, demanding money while brandishing weapons, the magistrate should have inferred an agreement had taken place, viewing the facts favorably for the State. The evidential threshold should reflect that significant circumstantial evidence can imply conspiracy. My view is that the magistrate abused discretion by ruling there was insufficient evidence for conspiracy at the hearing's conclusion. The facts supporting the charge should have warranted a finding of probable cause as a reasonable inference could be drawn affirming an agreement among the accused parties. The ruling lacks justification against existing legal precedents. The magistrate's interpretation of the circumstances failed to consider the appropriate evidential standard and should be revised. I am authorized to state that Judge Hudson concurs with this dissent. --- For the official full text, [click here to download PDF](https://opinions.wirthlawoffice.com/wp-content/uploads/S-2018-1227_1734274980.pdf).

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S-2018-978

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**State v. Cousan: Summary of the Court's Decision** In the case of *State of Oklahoma v. William Lee Cousan*, the Oklahoma Court of Criminal Appeals addressed the legality of the police actions leading to the arrest of Cousan and the subsequent search of his person that resulted in the discovery of crack cocaine. **Background:** William Lee Cousan was charged with Illegal Drug Trafficking, Unlawful Possession of Drug Paraphernalia, and Unlawful Possession of a Firearm by a Convicted Felon. The charges arose from a police investigation initiated by an anonymous tip suggesting that Cousan was dealing drugs from a Motel 6 room. Following a surveillance operation and gathering additional evidence, police obtained a search warrant for Cousan's motel room. While executing the warrant, Cousan left the motel in a vehicle, and police conducted a traffic stop approximately eight blocks away. During this stop, officers found cocaine on him and placed him under arrest. Cousan argued that the officers exceeded the scope of the search warrant during his detention and that the subsequent search of his person was unlawful. **District Court Ruling:** The district court agreed with Cousan's motion to suppress evidence, stating that the search was not justified as incident to the execution of the search warrant since it occurred outside the immediate vicinity of the premises. **Court of Criminal Appeals Decision:** The Oklahoma Court of Criminal Appeals reversed the district court's ruling, holding: 1. **Probable Cause:** The court found that the officers had probable cause to arrest Cousan at the time of his detention based on the tips and surveillance evidence indicating he was dealing drugs. 2. **Lawful Search Incident to Arrest:** The search of Cousan's person was deemed lawful as a search incident to arrest because probable cause existed for that arrest, independent of the execution of the search warrant. 3. **Inevitability Doctrine:** Even if the court did not find probable cause at the time of the stop, the officers could have made a valid investigative stop based on reasonable suspicion. Given the circumstances, the evidence inevitably would have been discovered after the execution of the warrant. 4. **Categorical Detention Rules:** The appeals court acknowledged that while the detention of Cousan was not justifiable under the Summers rule (as it did not occur immediately near the premises), the officers still had the right to detain Cousan based on the totality of circumstances, including the undercover work that had identified him as a key suspect. **Conclusion:** The appellate ruling overturned the district court's decision to suppress the evidence found on Cousan, allowing the State of Oklahoma to continue its prosecution for illegal drug trafficking and associated charges. **Final Note:** The opinion reflects on the importance of understanding both the probable cause standard for arrest and the rules surrounding lawful searches and seizures, emphasizing the balance between individual rights and public safety in law enforcement practices.

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S-2018-1026

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**IN THE COURT OF CRIMINAL APPEALS OF THE STATE OF OKLAHOMA** **STATE OF OKLAHOMA,** **Appellant,** **V.** **NICHOLAS LOWELL TURNER,** **Appellee.** **Case No. S-2018-1026** **FILED** **IN COURT OF CRIMINAL APPEALS** **STATE OF OKLAHOMA** **JUL 11 2019** **JOHN D. HADDEN, CLERK** --- **SUMMARY OPINION** **LUMPKIN, JUDGE:** On April 4, 2018, Nicholas Lowell Turner was charged in Tulsa County with multiple drug offenses and related charges. After a hearing on a motion to suppress evidence obtained from a search warrant, the lower court initially denied the motion based on a good faith exception, but later reversed that decision, leading the State to appeal. The key issues before the Court were whether the trial court abused its discretion by ruling that the search warrant lacked probable cause and, if so, whether the good faith exception to the exclusionary rule applied. **Background:** The case arose from evidence gained during the execution of a search warrant on Turner's residence, which led to the seizure of illegal drugs, firearms, and cash. The warrant was issued based on statements from an informant who had been arrested in possession of illegal drugs and had identified Turner as his supplier. Despite the affidavit's deficiencies in detailing direct observations of illegal activity at Turner's residence, the appellate court found there was a sufficient connection established between the residence and Turner's alleged criminal activity. Importantly, the court noted that the officers acted reasonably based on the magistrate's determination of probable cause, allowing for the good faith exception to apply. **Decision:** The Court found that the trial court had erred in not applying the good faith exception properly, stating that a properly issued search warrant, despite some lack of detail in the affidavit, should not have resulted in suppressed evidence. The appellate court ruled to reverse the trial court's decision and remand the case for further proceedings. **Concurring Opinion:** LEWIS, P.J., specially concurs, acknowledging the weaknesses in the affidavit but ultimately agreeing with the application of the good faith exception as the officers acted reasonably in executing the search warrant. --- For full details refer to the decision [here](https://opinions.wirthlawoffice.com/wp-content/uploads/S-2018-1026_1734276181.pdf).

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S-2018-438

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**IN THE COURT OF CRIMINAL APPEALS OF THE STATE OF OKLAHOMA** **STATE OF OKLAHOMA,** **Appellant,** **v.** **LESLYE SOTO,** **Appellee.** **Case No. S-2018-438** **Filed July 11, 2019** **Opinion by: Lewis, Presiding Judge** --- **OPINION** Leslye Soto was charged with aggravated trafficking in illegal drugs, in violation of 63 O.S.Supp.2014, § 2-415, in Oklahoma County district court case number CF-2015-5312. The district court, presided over by the Honorable Ray C. Elliott, granted a motion to suppress evidence obtained by law enforcement prior to the trial. The State appeals this decision. ### FACTS On the night of the incident, Leslye Soto was a passenger in a vehicle driven by her husband, Jorge Soto. The vehicle was stopped by Sergeant Keegan Burris from the Oklahoma City Police Department K-9 unit for making an improper lane change. Following the stop and a brief investigation, Burris observed signs that led him to suspect drug trafficking. These included: - The appearance of the vehicle which suggested a lived-in look. - The nervous demeanor of both the driver and passenger. - A disassembled phone in the vehicle. - Misaligned statements regarding the purpose of their travel. - Clothing that did not appear suitable for a wedding. After issuing a warning citation and asking for additional questions, Jorge Soto initially declined to consent to a vehicle search. Burris then extended the detention based on the signs of possible illegal activity, deploying a K-9 to sniff the vehicle. The K-9 alerted, leading to the discovery of contraband. The trial court concluded that Burris lacked reasonable suspicion to extend the stop, determining the presented factors were insufficient for such suspicion. The State appeals this ruling. ### ANALYSIS The standard for evaluating the trial court's decision on a motion to suppress is an abuse of discretion. Under established jurisprudence, an extended police stop must either be based on reasonable suspicion or valid consent. In this case, Sergeant Burris provided specific articulable facts informing his suspicion of drug trafficking, relying on his training and expertise. The totality of circumstances, rather than isolated factors, should guide the determination of reasonable suspicion. The trial court's comparison of the Sotos' behavior to its own travel habits was misplaced and underappreciated the officer's expertise. Understanding that reasonable suspicion is a lesser standard than probable cause, the court finds Burris legitimately extended the stop for further investigation. Given the K-9's alert after this reasonable extension, the officer developed probable cause to conduct a search of the vehicle. ### DECISION The trial court's ruling suppressing the evidence is reversed. The case is remanded to the district court for further proceedings consistent with this opinion. **Attorneys on Appeal:** - For the State: Kyle Peppler, Clayton Niemeyer - For Defendant/Appellee: Richard W. Anderson, David Autry **Concurrences:** KUEHN, V.P.J.; LUMPKIN, J.; HUDSON, J.; ROWLAND, J. --- **Click Here To Download PDF** [Download PDF](https://opinions.wirthlawoffice.com/wp-content/uploads/S-2018-438_1734280785.pdf)

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S-2018-164

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This document is an opinion from the Oklahoma Court of Criminal Appeals in a criminal case involving Don Arneilus Ingram. The opinion details the legal proceedings stemming from Ingram’s arrest and the subsequent suppression of evidence obtained during that arrest. **Key Points of the Case:** 1. **Charges Against Ingram**: Don Arneilus Ingram faced multiple felony charges including trafficking in illegal drugs, being a felon in possession of a firearm, and possession of proceeds from illegal drug activity, with the state alleging that these crimes were committed after previous felony convictions. 2. **Initial Detention and Arrest**: The arresting officer, Sergeant Greg Bell, initially noticed Ingram driving a vehicle with a temporary tag in a high-crime area. After observing suspicious behavior, including Ingram’s inability to identify a friend he claimed to be visiting, Sgt. Bell approached Ingram to ask questions. This led to Sgt. Bell detaining Ingram for driving without a license. 3. **Search Incident to Arrest**: Following the arrest, Sgt. Bell conducted a search of Ingram, which yielded a large amount of cash and identification. After noticing Ingram acting nervously and attempting to direct his female companion to leave, officers subsequently searched the vehicle Ingram had been driving, finding significant quantities of illegal drugs and a firearm. 4. **Motion to Suppress Evidence**: Ingram filed a motion to suppress the evidence obtained during the search, arguing that the officer lacked reasonable suspicion to stop him and that the search was therefore unlawful. 5. **District Court’s Ruling**: The district court granted Ingram's motion to suppress, determining that the initial contact was not lawful and that the subsequent search of the vehicle was unreasonable. 6. **Court of Criminal Appeals Decision**: The Oklahoma Court of Criminal Appeals reversed the district court's order. The court found that Sgt. Bell's initial interaction with Ingram was a consensual encounter and that sufficient probable cause existed for both the arrest and the search of the vehicle. **Conclusion**: The appellate court concluded that the evidence should not have been suppressed, underscoring the importance of analyzing the totality of circumstances leading to an officer’s determination of probable cause. The decision emphasizes that even behavior that seems innocent in isolation can, when viewed in context, lead to reasonable suspicion and probable cause. The court remanded the case for further proceedings. For a complete review of this case and its legal implications, interested parties can download a PDF of the full opinion.

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S-2018-229

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**Summary of Case: State of Oklahoma v. Brittney Jo Wallace, 2019 OK CR 10** **Court**: Court of Criminal Appeals of Oklahoma **Case No.**: S-2018-229 **Date Filed**: May 23, 2019 ### Background: Brittney Jo Wallace was charged in the District Court of Rogers County with two counts of Enabling Child Abuse and one count of Child Neglect. A pretrial hearing was held regarding her motion to suppress evidence obtained from her cell phone, which was granted by the trial court. ### Key Points: 1. **Appeal by State**: The State of Oklahoma appealed the trial court's decision to suppress evidence obtained from Wallace's cell phone, arguing that the seizure was supported by probable cause. 2. **Legal Standards**: - The appeal is evaluated under 22 O.S.2011, § 1053, which allows the State to appeal a pretrial order suppressing evidence in cases involving certain offenses. - The appellate court applies an abuse of discretion standard when reviewing a motion to suppress. 3. **Probable Cause & Exigent Circumstances**: - The court recognized that warrantless searches are presumed unreasonable but can be justified under certain conditions, such as probable cause and exigent circumstances. - The detective believed that Wallace's phone contained evidence of child abuse and had sufficient reasons to act quickly to preserve that evidence. 4. **Actions Taken with the Phone**: - The detective accessed the phone with Wallace's assistance to forward calls and put the device in airplane mode, actions viewed as reasonable to prevent potential evidence loss. 5. **Trial Court's Findings**: - The trial court suppressed the evidence, stating the seizure and accessing of the phone were illegal. The appellate court found this decision to be an abuse of discretion, as the actions taken by law enforcement were justified. 6. **Search Warrant**: - The State also challenged the trial court's ruling regarding a subsequent search warrant for the cellphone, which the trial court deemed overly broad and not supported by probable cause. - The appellate court highlighted the need for the defendant to provide evidence showing the invalidity of the warrant and noted the lack of factual development in the record. ### Conclusion: The appellate court reversed the trial court's decision to suppress the evidence. It determined that the initial seizure and accessing of Wallace’s phone were reasonable and consistent with legal standards. The matter was remanded to the district court for further proceedings. The decision was unanimously concurred by all judges. **Document Link**: [Download PDF](https://opinions.wirthlawoffice.com/wp-content/uploads/S-2018-229_1734331323.pdf) --- This summary encapsulates the critical elements of the case, focusing on the legal principles involved and the court's reasoning without delving into detailed citations or procedural minutiae.

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S-2018-613

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This document is a correction order from the Court of Criminal Appeals of Oklahoma regarding the Appellate Case No. S-2018-613, involving appellant Anthony Cole Davis and the appellee, The State of Oklahoma. On May 2, 2019, the court issued a summary opinion that affirmed the district court's order in Texas County District Court Case No. CF-2018-59. However, it was noted that there was an error in the opinion, specifically a reference to Rogers County that should have stated Texas County. The correction clarifies this mistake, ensuring that the opinion accurately reflects the correct jurisdiction. The order is dated May 10, 2019, and is signed by Presiding Judge David B. Lewis, with the court clerk, John D. Hadden, attesting to the correction. For those interested, there is a link provided to download the corrected PDF of the opinion.

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S-2018-950

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**IN THE COURT OF CRIMINAL APPEALS OF THE STATE OF OKLAHOMA** **THE STATE OF OKLAHOMA, Appellant,** **V.** **JERRY LEE NILES, JR., Appellee.** **No. S-2018-950** **NOT FOR PUBLICATION** **FILED IN COURT OF CRIMINAL APPEALS STATE OF OKLAHOMA APR - 4 2019** **SUMMARY OPINION** **KUEHN, VICE PRESIDING JUDGE:** The State of Oklahoma appeals from an order affirming a ruling that sustained Jerry Lee Niles, Jr.'s demurrer to the evidence and motion to dismiss charges of Manslaughter in the First Degree. This appeal arises from the death of inmate Anthony Dewayne Huff, who died after being restrained for over fifty hours in the Garfield County Jail. **FACTUAL BACKGROUND** On June 8, 2016, Inmate Huff died in the Garfield County Jail while strapped in a restraint chair, prompting charges against Sheriff Niles and three co-defendants for manslaughter in the first degree, based on alleged misdemeanors of cruelty to prisoners and sheriff or jailer neglect. Judge Ryan D. Reddick granted Niles's demurrer, stating the evidence failed to demonstrate probable cause for either misdemeanor or a causal link to Huff's death. **REVIEWING JUDGE'S FINDINGS** Judge Jill C. Weedon, upon reviewing the preliminary hearing transcripts, found that although jail protocols were violated, Sheriff Niles was not personally involved in the events leading to Inmate Huff's death and had policies in place. The medical examiner determined that the cause of death was related to chronic alcoholism, not directly attributable to Niles's actions. **ISSUES PRESENTED BY THE STATE** 1. Whether sufficient evidence was presented to establish probable cause for the underlying misdemeanors. 2. Whether there was sufficient causation between Niles's alleged misdemeanors and Huff's death. 3. Whether there was probable cause for indicting Niles on the charge of Manslaughter in the Second Degree. **COURT ANALYSIS** The purpose of a preliminary hearing is to establish probable cause that a crime was committed and that the defendant likely committed it. The court must view evidence in favor of the state and ascertain if all elements of the crimes are sufficiently met. Here, the evidence did not support a conclusion that Niles engaged in misconduct that led to Huff's death. **DECISION** The repeated affirmations from both Judge Reddick and Judge Weedon regarding the insufficiency of the evidence concerning probable cause indicate no abuse of discretion. Thus, we AFFIRM the ruling of the District Court of Garfield County sustaining the magistrate's decision dismissing the charges. **CONCURRING OPINION BY HUDSON, J.:** While the court did not find criminal liability here, the circumstances surrounding the case are troubling. The death of an inmate, particularly under such inhumane conditions, raises serious moral questions. Although this ruling does not exonerate the sheriff or absolve oversight responsibility, any potential civil liabilities will fall upon taxpayers, which is an unfortunate outcome of this case. **COUNSEL:** For the State: Christopher M. Boring For Appellee: Gary J. James **END OF DOCUMENT**

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S-2018-6

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**IN THE COURT OF CRIMINAL APPEALS OF THE STATE OF OKLAHOMA** Court Case No: S-2018-51 and S-2018-6 **STATE OF OKLAHOMA,** Appellant, **V.** **SHELLEY MARIE BRADLEY,** Appellee. **STATE OF OKLAHOMA,** Appellant, **V.** **DYLAN THOMAS BRODIE,** Appellee. **SUMMARY OPINION** **ROWLAND, JUDGE:** 1. The State of Oklahoma, Appellant, appeals from an order affirming the ruling of the magistrate, sustaining the defendants' demurrers to evidence on Counts 1 and 2, and denying the State's request to amend the Informations, in Case Nos. CF-2017-445 and CF-2017-446 in the District Court of Wagoner County. **STATEMENT OF THE CASE** 2. Appellees, Shelley Marie Bradley and Dylan Thomas Brodie, were charged with intimidation of a witness and conspiracy to commit a felony. The magistrate sustained the demurrers to the evidence and denied amendments to include additional charges. 3. The matter was assigned to Judge Mark L. Dobbins as the reviewing judge, who affirmed the magistrate's ruling. 4. The State appealed; on August 9, 2018, this Court held oral arguments, after which the ruling was reversed. **SUMMARY OF FACTS** 5. The Appellees are related to Jacob Ode, charged with several offenses following a police pursuit. Hawkins, a relative of the Appellees, was a passenger and initially provided a statement implicating Ode. 6. Later, Hawkins was approached by the Appellees and persuaded to change her statement to indicate Ode was not the driver during the pursuit. 7. The magistrate found no evidence demonstrating that Hawkins was threatened or coerced into altering her testimony. **ANALYSIS** ### I. Intimidation of Witness 8. The State argued sufficient evidence existed for the charge of witness intimidation. However, the records demonstrated no evidence of Hawkins being prevented from testifying or coerced through force or fear. 9. The judges did not err in finding there wasn’t enough evidence to support the claim of intimidation. ### II. Conspiracy to Commit Intimidation 10. The State similarly could not provide sufficient evidence to show any conspiracy between the Appellees to intimidate Hawkins, as no threats or coercion were substantiated. ### III. Conspiracy to Commit Perjury by Subornation 11. The State argued it presented sufficient evidence to show a conspiracy to commit perjury by subornation. The appellate judges found sufficient cause to remand for the trial on this charge. ### IV. False Preparation of Exhibits 12. The evidence presented indicated that Hawkins’ second statement was prepared under the Appellees' guidance with the intent to be submitted as evidence. 13. The failure to include this evidence as a charge of False Preparation of Exhibits was deemed an error by the appellate judges. **DECISION** 14. The order of the District Court sustaining the magistrate's decisions is REVERSED. The case is remanded to the District Court with instructions to proceed to trial for the charges of Conspiracy to Commit Perjury by Subornation and False Preparation of Exhibits. **APPEARANCES** - **For the State:** Douglas G. Dry, Assistant District Attorney - **For the Appellees:** Michon Hastings Hughes & Clinton C. Hastings, Attorneys at Law **OPINION BY: ROWLAND, J.** - LUMPKIN, P.J., LEWIS, V.P.J., HUDSON, J., and KUEHN, J., concur. --- **[Download PDF of Full Opinion](https://opinions.wirthlawoffice.com/wp-content/uploads/S-2018-6_1734333945.pdf)**

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S-2015-771

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In OCCA case No. S-2015-771, the defendant appealed his conviction for Possession of Marijuana with Intent to Distribute. In an unpublished decision, the court decided to affirm the lower courts' rulings. One judge dissented. Carl Edward Prince, also known as Carl Edward Harper, was arrested for having marijuana and other related charges. He was charged with three main offenses regarding drug possession and use of a police radio. During the early stages of the trial, a magistrate judge decided there wasn't enough evidence for one of the charges, which was about maintaining a place used for selling drugs. The prosecution believed that this decision was wrong and appealed it. The appeal against the magistrate's decision went to another judge who agreed with the first judge, stating that the evidence given by the prosecution was not strong enough to prove that Prince had maintained a location where marijuana was kept with the intent to distribute it. Because of this, they could not prove that there was a pattern or habit of drug use or sales at the location. The case was taken to the Oklahoma Court of Criminal Appeals. The main issues raised by the prosecution were about whether the requirement for a pattern of activity (habitualness) should be considered a fact that needed to be proven and whether there was enough evidence to bring the case to a jury. The Appeals Court decided that the past decisions regarding drug cases required proof of more than just a single event of drug possession. They reasoned that a location must show a pattern of illegal drug activity or use before a person can be convicted under this law. The court looked carefully at what evidence was presented while considering the arguments from both sides. They concluded that there were no clear mistakes made by the lower courts. The evidence didn’t meet the standard needed to prove that Prince’s home was used primarily for drug activity. They upheld the decisions of the lower courts, which means that Prince was not found guilty of that charge. One judge disagreed with this final decision, feeling that the lower courts made a mistake in throwing out the charge about maintaining a place for drugs. This dissenting opinion argued that the law should allow for flexibility and not just rely on showing repeated actions or habits to prove the case. The dissenting judge expressed that the current interpretation of the law was too strict and made it difficult to prosecute based on the evidence presented. In summary, the Appeal Court confirmed that there wasn’t enough evidence to charge Prince with maintaining a place for drug distribution, leading to the upholding of his preliminary ruling.

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S-2017-986

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In OCCA case No. S-2017-986, Simms appealed his conviction for First Degree Murder. In an unpublished decision, the court decided to affirm the trial court’s ruling to exclude certain evidence. One judge dissented. The case involved Simms being charged with two counts of First Degree Murder. Before the trial started, he asked the court to keep out certain video and photographs from the trial. He felt these images were too gruesome and could unfairly influence the jury against him. The judge held a hearing to discuss this issue. During the hearing, the judge decided to exclude the officer’s body camera video, which showed the crime scene where one of the victims was struggling for her life. The judge felt the video was unnecessarily graphic and did not provide any new important information that could not be shown in a different, less disturbing way. The State of Oklahoma disagreed with this decision and appealed, arguing that the trial court made a mistake by not allowing the video to be shown in court. However, after reviewing the case, the court upheld the trial judge's decision. They concluded that there was no misuse of discretion when the judge decided to keep the video out, as it could be too disturbing for the jury and did not add significant information to the case. The Oklahoma Court of Criminal Appeals confirmed the lower court's decision to exclude the evidence, meaning that Simms' conviction stood as initially determined. The judges also noted that one judge disagreed with the decision, but the majority agreed with the ruling to keep the gruesome video out of the trial.

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S-2016-1126

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In OCCA case No. S-2016-1126, David James Miller appealed his conviction for Assault and Battery With a Deadly Weapon. In an unpublished decision, the court decided to dismiss the appeal. No one dissented. In this case, the State charged the defendant with a serious crime after an incident where he allegedly shot someone. The defendant argued that he acted in self-defense. He wanted the court to believe that he should not be punished for what he did because he was protecting himself. During a hearing, the defendant provided his explanation, while the State presented evidence to counter his claims. The court listened to both sides and eventually agreed with the defendant, deciding that he was immune from prosecution based on self-defense laws. This ruling meant that the case against him could not continue. The State did not agree with the court's decision and decided to appeal. They believed that the judge did not consider their evidence properly and that the ruling was unfair. However, when the appeal was reviewed, the court found that the State did not show clear legal reasons for their complaint. The judges noted that the lower court had allowed the State to present their evidence and arguments. In the end, the court concluded that this was not a matter they could reconsider as it had to do with factual evidence rather than legal issues. Because of this, the court dismissed the State's appeal.

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S-2016-1142

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In OCCA case No. S-2016-1142, Cody Ray Lord appealed his conviction for Driving a Motor Vehicle Under the Influence of Drugs. In a published decision, the court decided to affirm the trial court's decision to suppress the blood test results. The trial court found that Lord was not capable of giving consent due to the effects of morphine he had received, which hindered his ability to make a decision regarding the blood test. The State had claimed there was no proof that Lord was unconscious and argued that the burden of proof should be on Lord, but the court found that sufficient evidence supported the trial court's conclusions. One judge dissented.

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S-2016-163

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In OCCA case No. S-2016-163, Stites appealed his conviction for Child Sexual Abuse and Lewd Molestation. In a published decision, the court decided to affirm the lower court's ruling, which had dismissed one count of Child Sexual Abuse and amended another to Lewd Molestation. One judge dissented.

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S-2016-332

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In OCCA case No. S-2016-332, the defendants appealed their conviction for conspiracy to deliver a narcotic controlled dangerous substance and first degree murder. In a published decision, the court decided to affirm the lower court's ruling, which indicated that the defendants were not part of the conspiracy at the time of the victim's death. One judge dissented. The case began when a grand jury accused several people, including the defendants, of being involved in a conspiracy to sell drugs, which ultimately led to the death of Jennifer McNulty. She died from an overdose of oxycodone. After a preliminary hearing, a judge decided that two defendants, Miers and Gregoire, should not be charged with murder because they had withdrawn from the conspiracy before McNulty’s death. The state did not agree with this decision and appealed. They argued that the judge made a mistake in saying Miers and Gregoire had ended their part in the conspiracy. However, the court reviewed the evidence and found that both defendants had indeed separated themselves from the drug conspiracy before the incident occurred, so they couldn’t be held responsible for the murder. The court confirmed that Gregoire was removed from the drug operation because of her problems with addiction, causing others not to want her in the conspiracy anymore. Also, Miers had moved to another state and had stopped working with the main person involved in drug sales before the death happened. After considering everything, the court decided that the earlier ruling was fair and didn't show an abuse of discretion. In conclusion, the court affirmed that Miers and Gregoire could not be charged with first degree murder because they had taken themselves out of the conspiracy before the victim's death. The dissenting judge felt that the court made an error and that the defendants should still face charges.

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S-2016-169

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In OCCA case No. S-2016-169, Patrick Lee Walker appealed his conviction for distributing a controlled dangerous substance (methamphetamine) within 2,000 feet of a school. In an unpublished decision, the court decided to affirm the trial court's ruling that granted Walker's motion to quash and dismissed the case. One judge dissented. The case began when Walker was charged in Kay County District Court with distributing methamphetamine after a controlled purchase was made by a confidential informant. A deputy had coordinated this controlled buy and testified that the informant bought meth from Walker at a location in Kay County. The informant was searched before the transaction to ensure she had no drugs. After meeting Walker, they drove together to Osage County where the exchange happened. There was a lack of evidence presented about the exact location where the drugs were handed over, which was crucial to prove that the crime occurred within the required distance of a school. During the preliminary hearing, the judge decided that while the distribution started in Kay County, there wasn't enough evidence to show that the drugs were handed over in that county or within 2,000 feet from a school. Because of this, the judge dismissed the case when Walker's defense claimed that the evidence was insufficient. The court discussed whether the trial court had made an error in dismissing the case. The main two arguments from the State's appeal were that the district court wrongly decided it didn't have the required evidence for venue and that it unfairly denied the State's request to amend the Information (the official charge). The court explained that the State must show probable cause that a crime happened and clarify where that crime occurred. They noted that although it was shown that a crime likely happened, it was not in the form correctly charged due to not proving all essential elements of the offense, as required under Oklahoma law. While the trial court's decision to dismiss the case was recognized as legally incorrect, it did not lead to a different outcome because the State did not ask to amend the charge during the hearing. Therefore, even though the lower court may have acted without the right understanding of the law regarding amendments, it did not influence the decision because of the procedural issues involved. The court ultimately upheld the dismissal of the charges against Walker, agreeing with the lower court's conclusion that there was insufficient evidence of the crime occurring within the jurisdiction required by law. The ruling was affirmed, and thus the case remained closed without further proceedings.

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S-2016-95

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In OCCA case No. S-2016-95, the State of Oklahoma appealed the conviction for acquiring proceeds from illegal drug activity. In an unpublished decision, the court decided to affirm the ruling of the district court that granted a Motion to Suppress evidence. One judge dissented. The case began in Sequoyah County when the driver of a vehicle was stopped for speeding. During the traffic stop, the trooper checked the driver's license and vehicle documents, and after issuing a warning, asked if he could use a drug-sniffing dog on the vehicle. The driver said no and wanted to leave. Despite this, the trooper asked him to get back into the patrol car and moved ahead with deploying the dog. The drug dog found a large amount of cash hidden in the spare tire of the truck. The State appealed the decision saying that the trooper had enough reason to keep the driver there for the drug dog search. The trooper noted that the driver was very nervous, the truck was unusually clean with a strong air freshener scent, and the driver had two cell phones. When a police officer stops someone, they can only keep them there for as long as needed to handle the reason for the stop, which in this case was the speeding. The officer can extend the stop if they have reasonable suspicion that something illegal is happening, but they need solid reasons to do this. In reviewing the trooper's actions, the court looked at the overall situation, including the video from the stop, and decided that the trooper did not have enough reasonable suspicion to keep the driver longer. The factors the trooper mentioned did not add up to a valid reason for the ongoing detention. As a result, the court upheld the lower court's decision to suppress the evidence obtained from the drug dog search, meaning the cash found could not be used against the driver in court. The State’s appeal was denied.

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S-2015-723

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In OCCA case No. S-2015-723, Alexander appealed his conviction for possession of a controlled dangerous substance (marijuana), unlawful possession of drug paraphernalia, and public intoxication. In a published decision, the court decided to affirm the district court's order that sustained Alexander's motion to suppress evidence and dismiss the charges against him. One judge dissented. The case started when a highway patrol officer saw two vehicles on the side of the road, one of which looked disabled. Instead of checking on the disabled vehicle, the officer decided to pull over a maroon car that was leaving the scene because it had a cracked windshield. Alexander was in the front passenger seat of the maroon car. When the officer asked for identification, Alexander admitted he did not have any. The officer said he would check Alexander's information in his cruiser for safety reasons. While talking to Alexander in the cruiser, the officer noticed he smelled alcohol on him and saw signs of slurred speech and slow movements. The officer found out that Alexander had an outstanding warrant and arrested him. Initially, there were inconsistencies in the officer's story about what happened during the stop. He claimed the smell of alcohol was evident when Alexander exited the car, but later changed his answers under questioning. During the hearing about Alexander's motion to suppress the evidence, the officer's actions came under scrutiny. The state argued that the stop was justified, and that finding the warrant should allow the evidence collected to be used. However, the district court felt the officer's actions were not good faith mistakes but rather improper. The officer had handcuffed Alexander and questioned him without informing him of his rights, which the court deemed as a significant violation of Alexander's rights. The higher court found the district court had properly assessed the facts and ruled in favor of Alexander. They determined that the illegal stop and the officer's methods were serious enough to dismiss the evidence gathered after the stop. Thus, the verdict of the trial court to suppress evidence and dismiss the case was upheld.

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