14th Amendment

F-2018-801

  • Post author:
  • Post category:F

In the case of **Jeremy Tyson Irvin v. The State of Oklahoma**, the Oklahoma Court of Criminal Appeals reviewed the appeal of Irvin, who was convicted of First Degree Murder and sentenced to life in prison. The court considered several claims raised by Irvin, including ineffective assistance of counsel, denial of the right to present a complete defense, admission of prejudicial evidence, failure to instruct on flight evidence, and cumulative errors. ### Key Propositions and Findings: 1. **Ineffective Assistance of Counsel**: - Irvin asserted that his trial counsel was ineffective for multiple reasons, including failure to use evidence related to his traumatic brain injury and lack of investigation into the circumstances surrounding his police statement. - The court noted that there is a high presumption of reasonable performance by counsel under the Strickland standard. Irvin failed to demonstrate any deficient performance that prejudiced the outcome of his trial. - His application for an evidentiary hearing to support his claims of ineffective assistance was denied, as he did not provide clear and convincing evidence of ineffective representation. 2. **Right to Present a Complete Defense**: - The trial court limited certain character evidence related to the victim’s violent history. However, the court allowed substantial testimony regarding the victim's prior bad acts. - As the defense sufficiently conveyed the context of Irvin's fear of the victim, the court found no error in limiting additional evidence. 3. **Admission of Evidence Regarding Standoff**: - The court upheld the admission of evidence concerning a thirteen-hour standoff that Irvin had with police, finding it relevant to his consciousness of guilt. The probative value was not substantially outweighed by any potential prejudicial effect, particularly since no objection was raised by the defense. 4. **Failure to Instruct on Flight**: - The absence of a flight instruction was reviewed for plain error but deemed not to have adversely affected Irvin’s substantial rights. The court found that the evidence of guilt existed independently of the standoff details. 5. **Cumulative Error**: - Irvin claimed that the accumulated errors denied him a fair trial. However, since the court found no individual errors warranting relief, this argument was also denied. ### Conclusion: The Court of Criminal Appeals affirmed Irvin's conviction and sentence, concluding that he was not denied effective assistance of counsel nor was any prejudicial error made during the trial process. The application for an evidentiary hearing related to ineffective assistance claims was also denied. The judgment emphasizes the court's adherence to the standards of due process and the evaluation of evidence within the legal framework guiding criminal proceedings in Oklahoma.

Continue ReadingF-2018-801

F-2018-893

  • Post author:
  • Post category:F

The case presented involves D'Angelo Landon Burgess, who appealed the acceleration of his deferred sentence stemming from a guilty plea to Grand Larceny. The Oklahoma County District Court had originally awarded him a five-year deferred sentence in 2013. However, in 2017, the State sought to accelerate this sentence due to new offenses, including a high-speed chase and the resulting charges. The appeal centers around a claim of a lack of diligent prosecution by the State, which Burgess argued deprived him of his due process rights. However, the court determined that there was no plain error, meaning that the proceedings followed legal protocols adequately and Burgess had not demonstrated harm from the timing of the acceleration hearing. The court affirmed the district court's decision, stating that accelerations of deferred sentences do not require the same level of due process protections as full criminal proceedings. The decision also referenced a related case in which Burgess faced serious charges, including first-degree murder, which is currently under appeal. The court's opinion concluded with affirming the order of the district court to accelerate Burgess's deferred sentence. In conclusion, the Oklahoma Court of Criminal Appeals upheld the acceleration of Burgess's sentence, ruling there was no violation of due process and that the district court acted within its discretion.

Continue ReadingF-2018-893

F-2018-290

  • Post author:
  • Post category:F

In OCCA case No. F-2018-290, John Wesley Hart appealed his conviction for child sexual abuse. In an unpublished decision, the court decided to affirm the conviction and sentences. One judge dissented. John Wesley Hart was found guilty by a jury on three counts of child sexual abuse that happened at different times. He was sentenced to twenty years in prison for each count, which means he will serve a total of sixty years. As part of the appeal, Hart argued that the jury did not receive proper instructions about what constitutes child sexual abuse, which he claimed violated his rights. Specifically, he believed the jury instructions on the definitions of lewd or indecent acts were confusing and could have led to non-unanimous verdicts. The court explained that the trial judge did instruct the jury correctly on the law and the acts that led to Hart's conviction. The judge pointed out that the acts Hart committed were clearly defined and separated by time, which meant they did not violate double jeopardy rights. The court also determined that it is not necessary for the jury to agree on every specific act as long as they are all considered part of the same crime of child sexual abuse. Hart also challenged the length of his sentence, claiming it was too harsh. However, the court noted that his sentences were justified based on the facts of the case and were within the limits of the law. The trial court had the discretion to make the sentences run one after another instead of at the same time, and the Court of Criminal Appeals found that there was no mistake in this decision. In conclusion, the court upheld Hart's conviction and the sentences given in the trial court.

Continue ReadingF-2018-290

F-2018-43

  • Post author:
  • Post category:F

In OCCA case No. F-2018-43, the appellant appealed his conviction for possession of a firearm after a felony conviction and falsely personating another to create liability. In an unpublished decision, the court decided to affirm his conviction and sentence. One judge dissented. The appellant, Anthony Paul Ornder, was found guilty by a jury in the Washington County District Court of two counts of possession of a firearm after a prior felony conviction and one count of falsely impersonating another. The jury recommended a total sentence of forty years for each firearm count and forty-five years for the impersonation count, all to be served at the same time. Ornder raised several arguments on appeal. He claimed that the state did not have enough evidence to prove he possessed the firearm or to show that he gained any benefit from using a false identity. He also argued that his lawyer did not represent him properly, which hurt his chances of a good defense, and asked the court to reduce his sentence because it was too harsh. The court looked carefully at the whole case, including evidence, witness testimonies, and records. They found that there was enough evidence for a reasonable person to conclude that he was guilty. They explained that the law allows both direct and indirect evidence to support charges. The court determined that the claims about ineffective help from his lawyer were not strong enough because they were based on guesses without solid evidence. Lastly, regarding the length of the sentence, the court concluded that it did not seem overly severe given his past criminal record and the nature of his actions during the incident. They affirmed his judgment and sentence, meaning they agreed with the original decision without changes.

Continue ReadingF-2018-43

F-2018-513

  • Post author:
  • Post category:F

In OCCA case No. F-2018-513, Bobby Lee Ruppel, Jr. appealed his conviction for assault with a dangerous weapon and robbery with a weapon. In an unpublished decision, the court decided to affirm Ruppel's conviction but vacated the restitution order, meaning a proper determination of the victim's economic loss must take place. One judge dissented.

Continue ReadingF-2018-513

F-2018-104

  • Post author:
  • Post category:F

In OCCA case No. F-2018-104, Dameon Tyrese Lundy appealed his conviction for Possession of a Controlled Drug with Intent to Distribute. In an unpublished decision, the court decided to affirm his conviction. One judge dissented. Dameon Tyrese Lundy was found guilty by a jury in Tulsa County for having drugs and cash that suggested he intended to sell drugs. He was sentenced to sixty years in prison and had to pay a fine. He was acquitted of another charge related to money from drug sales. Lundy had two main arguments in his appeal. First, he said the trial court made a mistake by not allowing his lawyer to suppress evidence found by the police. He argued that the police did not have the right to approach him outside a bar. However, the court found that the police were allowed to speak to him in a public place and had a good reason to suspect him because they could smell marijuana and he acted suspiciously. So, they decided there was no mistake by the trial court. Secondly, Lundy claimed there wasn't enough evidence to prove that he intended to sell drugs. His defense was that the drugs were for personal use, but the court said that a reasonable jury could think that Lundy was selling drugs due to the large amount of different drugs and cash he had. This means that the evidence was enough to support his conviction. Lundy then argued that his sentence was too harsh. He pointed out that the laws changed after his crime, meaning someone charged now would face a lower maximum sentence. However, the court stated that the new laws couldn’t be applied to Lundy's case because his crime was committed before the law changed. They concluded that the sentence was proper because of his past convictions. In the end, the court upheld the original decision from the district court, meaning Lundy will have to serve his sentence.

Continue ReadingF-2018-104

F-2017-1248

  • Post author:
  • Post category:F

In OCCA case No. F-2017-1248, Aislyn Jonelle Miller appealed her conviction for five counts of Child Neglect. In an unpublished decision, the court decided to affirm the judgment and sentence. One judge dissented. Miller was found guilty by a jury of not taking care of her two young children, which included not providing them with enough food and not getting them the medical care they needed. The jury suggested that she be sentenced to thirty years in prison for four of the counts and ten years for one count, with the sentences to be served one after the other. Miller argued several points on appeal. First, she claimed that two of her convictions for neglecting one child should not count separately, as they were for the same offense – one for not feeding the child and the other for not getting medical care. She also made a similar claim regarding her neglect of her other child. However, the court found that failing to feed the children and failing to get medical care for them were different acts, so her separate convictions were valid. Miller’s next argument was that she did not have good legal representation during her trial. The court explained that to prove this, she needed to show that her lawyer made big mistakes and that these mistakes changed the outcome of her case. Since the court deemed her convictions valid, it concluded that any issues raised about her attorney’s performance would not matter since those objections would not have made a difference. Lastly, Miller claimed that the judge should have allowed her to serve her sentences at the same time instead of one after the other, which would have meant a shorter time in prison. The court pointed out that judges have the right to decide how to run sentences, and in this case, the judge acted reasonably and considered all the facts before deciding to run them consecutively. Overall, the court did not find any errors in the trial process that would have changed the outcome, and so they upheld the original sentence given to Miller.

Continue ReadingF-2017-1248

F-2017-559

  • Post author:
  • Post category:F

In OCCA case No. F-2017-559, Jonas Jorge Conroy-Perez appealed his conviction for Harboring a Fugitive From Justice. In a published decision, the court decided to reverse the acceleration of his deferred judgment and sentencing. One judge dissented. The case started when Conroy-Perez entered a guilty plea in 2015, which allowed him to avoid immediate penalties but required him to follow certain rules for two years. One of these rules involved paying fees. Later, the state claimed he violated these rules by not only missing payments but also due to new felony charges. In 2017, after a hearing, the judge decided that Conroy-Perez had violated his probation and increased his sentence to a 10-year term, with time suspended except for the first 90 days in jail. Conroy-Perez argued that he couldn’t pay the fees because he was unable to work after a vehicle accident and was receiving worker's compensation. The court looked into his arguments. On one hand, the court agreed that while the state proved he owed money, they should also have checked whether he was willfully not paying. The state did not show he could afford to pay the fees, thus the court ruled it was not right to increase his sentence based solely on that. Therefore, they sent the case back for further examination. On other points of appeal, the court found that there was no evidence his legal representation was inadequate and did not rule on the length of the new sentence since they had already reversed it. The dissenting judge noted concern about the implications of the ruling, emphasizing the importance of understanding a person’s ability to pay before increasing sentences for not paying fees.

Continue ReadingF-2017-559

C-2017-1044

  • Post author:
  • Post category:C

The document appears to be a legal summary from the Oklahoma Court of Criminal Appeals regarding the case of Auntra Lawan Edmonds. The case revolves around Edmonds' appeal after being convicted of two counts of First Degree Manslaughter. Here’s a concise overview of the case and the court's decision: 1. **Background**: Auntra Lawan Edmonds was charged with two counts of First Degree Manslaughter in Greer County District Court. After entering a no contest plea and being sentenced to life imprisonment for each count (to run concurrently), he later sought to withdraw his plea, which the court denied. 2. **Propositions of Error**: - **Proposition I**: Edmonds argued that the trial court erred in denying his motion to withdraw his plea, claiming it was not entered knowingly, intelligently, and voluntarily. The court found that the record sufficiently demonstrated that Edmonds was aware of his rights and the nature of the charges, thus affirming that his plea was valid. - **Proposition II**: He claimed ineffective assistance of counsel during the plea withdrawal hearing. The court concluded that this claim lacked merit, noting that Edmonds did not provide substantial evidence to support the claim of ineffective assistance. - **Proposition III**: Edmonds argued that his life sentences were excessive. The court reasoned that the sentences were factually substantiated and justified given the severity of the incident, including the presence of alcohol and prior criminal behavior. 3. **Court Decision**: The court denied Edmonds' petition for a writ of certiorari, affirming the judgment and sentence of the District Court. It upheld that the trial court did not abuse its discretion in denying the motion to withdraw the plea. 4. **Final Note**: The opinion emphasizes the importance of properly presenting claims during the trial and highlights that a defendant's dissatisfaction with a sentence does not invalidate a plea agreement. This case serves as a reference point for issues regarding plea withdrawals, effective legal counsel, and the proportionality of sentences in criminal proceedings.

Continue ReadingC-2017-1044

C-2018-687

  • Post author:
  • Post category:C

In OCCA case No. C-2018-687, the petitioner appealed his conviction for concealing stolen property and drug-related crimes. In a published decision, the court decided to deny the petition but remanded for further proceedings. One judge dissented. In OCCA case No. C-2018-688, the petitioner also raised issues about his sentences and fines. He argued that the fines were too high, and he expressed concerns about the costs of his incarceration. The court found some merit in his claims, particularly regarding the fines exceeding legal limits and the lack of consideration for his mental health concerning incarceration costs. However, the court did not find that the total sentences were excessively long. The petitioner had previously pleaded guilty to charges and was placed in a program for young adults but later faced new misdemeanor charges, leading to the state seeking to accelerate his sentencing. Ultimately, while the court upheld the denial of his request to withdraw his pleas, it recognized problems regarding the assessment of fines and costs, which warranted a remand for further investigation. Thus, the case will go back to the lower court for resolution of these issues.

Continue ReadingC-2018-687

C-2018-688

  • Post author:
  • Post category:C

In OCCA case No. C-2018-688, the petitioner appealed his conviction for concealing stolen property, endeavoring to distribute marijuana, and possession of a sawed-off shotgun. In a published decision, the court decided to deny the petition for certiorari but remanded for further proceedings. One judge dissented. On January 6, 2015, the petitioner entered guilty pleas for the above crimes and was put in a program meant to help young adults. After showing good behavior, the court decided in August 2015 to delay his sentencing for ten years, allowing him to be on probation with some financial responsibilities. However, in March 2018, the state said the petitioner had broken his probation by committing new crimes, so they asked to speed up the sentencing. In May 2018, the court accepted the petitioner's guilty pleas for the new crimes, which included possession of a controlled substance and public intoxication, and imposed additional sentences. Altogether, he was sentenced to twelve years in prison. The petitioner then tried to take back his guilty pleas, but the court denied this request. He appealed this decision, bringing up several arguments. He felt the financial penalties were unfair and too high, that he did not receive good legal help, and that the total twelve-year sentence was excessive given his previous achievements in the diversion program. The court looked at these claims carefully but decided that while some of the fines were too high, particularly calling for a correction of the $1,000 fee in his case involving concealing stolen property, they would not change the length of the total prison time. They said the sentences were within the law and not shockingly excessive, affirming the lower court's decisions in many respects. The court concluded that they would not change the ruling on the guilty pleas but would send the case back for hearings on the issues related to the fines and costs.

Continue ReadingC-2018-688

M-2017-739

  • Post author:
  • Post category:M

In OCCA case No. M-2017-739, Jeremy L. Garza appealed his conviction for Driving under the Influence of Intoxicating Substances. In an unpublished decision, the court decided that the trial court abused its discretion by allowing Garza to represent himself during the acceleration proceedings without him properly waiving his right to counsel. One judge dissented. Garza had initially entered a guilty plea to a DUI charge and was given eighteen months of probation. However, the State later accused him of not following the rules of his probation, such as failing to report and not paying fines. When Garza addressed the court without a lawyer during these acceleration proceedings, the court did not properly document that he understood his right to have a lawyer or that he chose to give up that right. The court's opinion stressed that anyone facing charges has the right to a lawyer and can only waive this right if they do so knowingly and intelligently. This means they need to understand the consequences of representing themselves. Since the court did not show that Garza waived his right to counsel properly, the decision to sentence him was reversed. The matter was sent back to the lower court, instructing them to vacate the judgment and hold further proceedings that follow this ruling.

Continue ReadingM-2017-739

F-2016-30

  • Post author:
  • Post category:F

In OCCA case No. F-2016-30, Ladarius Burnell Kelly appealed his conviction for robbery with a firearm and assault with a dangerous weapon. In an unpublished decision, the court decided to affirm his convictions but modified the fines associated with the charges. One judge dissented regarding the change in fines. Ladarius Burnell Kelly was charged and found guilty by a jury for committing robbery with a firearm and assault with a dangerous weapon. He received a punishment of 18 years in prison along with a $2,500 fine for the robbery and 2 years in prison with a $2,500 fine for the assault. The sentences were to be served one after the other. Kelly appealed, raising several issues. First, he argued that the witnesses who identified him were not reliable, which he believed violated his rights. However, the court found that the methods used for identification were not overly suggestive and did not mislead the jury. Therefore, his claim was denied. Next, Kelly challenged the evidence presented against him for the assault charge. The court looked at the evidence favorably for the prosecution and determined there was enough proof to support the conviction. The testimony showed that Kelly had threatened to shoot a victim, which the jury could reasonably interpret as an intent to harm, so this argument was also denied. He also argued that he had not received a fair trial due to prosecutorial misconduct. However, the court found that any alleged missteps by the prosecutor didn't significantly impact the fairness of the trial. Because of this, this claim was denied as well. Importantly, Kelly had a point regarding the fines. The court found that the jury was wrongly instructed about the mandatory fines for the charges. They decided to correct this by changing the fine for the assault count to $0 and reducing the fine for the robbery charge to $2,000. Kelly also believed that his lawyer did not do their job effectively, but the court ruled that his claims did not show that the outcome of the trial would have changed if his lawyer had acted differently. In summary, the court upheld Kelly's convictions and changed the financial penalties, showing that while he did not win the major points of his appeal, he was granted some relief on the fines imposed.

Continue ReadingF-2016-30

RE-2015-735

  • Post author:
  • Post category:RE

In OCCA case No. RE-2015-735, Kathy Lynn Logan appealed her conviction for the revocation of her suspended sentences. In an unpublished decision, the court decided to reverse and remand the case. The court found that Logan was not given the proper opportunity to have a lawyer assist her during the revocation hearing, which is a requirement by law. The court noted that both Logan and the State agreed that the trial court did not properly check if Logan needed a lawyer, which meant she was denied her rights.

Continue ReadingRE-2015-735

C 2015-980

  • Post author:
  • Post category:C

In OCCA case No. C 2015-980, Gary Thomas Schofield appealed his conviction for Driving Under the Influence, Driving Under Suspension, and Failure to Use Child Restraint. In an unpublished decision, the court decided to affirm the denial of his motion to withdraw his nolo contendere pleas but modified his fine for the Failure to Use Child Restraint charge from $50.00 to $10.00. One judge dissented.

Continue ReadingC 2015-980

F 2015-121

  • Post author:
  • Post category:F

In OCCA case No. F 2015-121, the appellant appealed his conviction for first-degree manslaughter. In an unpublished decision, the court decided to affirm the judgment of the district court, but vacated the sentence and remanded the case for resentencing. One judge dissented. The case involved Erica Lashon Harrison, who was accused of murder but was convicted of the lesser charge of first-degree manslaughter. The jury sentenced her to 25 years in prison and a fine of $10,000. Harrison raised multiple issues on appeal. She argued that the state did not prove she was not acting in self-defense, that improper evidence was allowed, and that she did not have proper legal representation. The court reviewed the case and found that the evidence supported the jury's verdict. They determined Harrison's claim of self-defense could not stand as there was not enough evidence to show she was in danger. The court noted that while some incorrect evidence was introduced, it did not affect the conviction. However, they decided that the sentence should be vacated and the case sent back for resentencing due to the improper character evidence brought up during the trial. The judges concluded that this error needed to be addressed, even if the earlier convictions were proper. The opinion recognized that although some arguments made by Harrison were valid, overall, the court found her conviction was supported by overwhelming evidence. The dissenting judges believed the error did not have a significant impact on the jury's decision. They argued that the sentence should not be changed since the evidence clearly proved guilt, even if procedural mistakes were made during the trial. Overall, the court upholds the conviction but sends the case back for a new decision on sentencing. The judges agreed on the main decision, while differing on whether the sentence change was necessary.

Continue ReadingF 2015-121

F-2015-374

  • Post author:
  • Post category:F

In OCCA case No. F-2015-374, Jerrell Otis Thomas appealed his conviction for Shooting with Intent to Kill, Robbery with a Weapon, and Possession of a Firearm After Former Conviction of a Felony. In an unpublished decision, the court decided to affirm the conviction for Shooting with Intent to Kill and Possession of a Firearm, but to reverse the conviction for Robbery with a Weapon with instructions to dismiss. One judge dissented. Jerrell Otis Thomas was found guilty by a jury for three serious crimes. The main issue was whether he was being punished too harshly for his actions. He argued that he should not have been convicted for both Shooting with Intent to Kill and Robbery with a Weapon because they were connected, like two parts of the same event. The court agreed with him on this point and felt that, under the law, he should not be punished twice for what they saw as one act. Thomas also claimed that he did not get a fair trial because the public was kept out of the courtroom while a key witness testified. The court looked into this and decided that the closure was justified due to threats made against the witness, ensuring their safety. He further claimed that his lawyer did not help him enough during the trial. After considering all the facts, the court found that his lawyer did their job okay, and there wasn't enough evidence to show he was harmed by their actions. Finally, the judge determined that the way Thomas's sentences were set to run (one after another) was acceptable, even though they reversed one of his convictions, meaning he would serve less time than originally planned for that charge. Overall, Thomas won on one point regarding his robbery conviction, meaning that part of the punishment was taken away, but his other convictions were upheld. The court’s decisions aimed to ensure no unfair punishment occurred while also maintaining the law's integrity.

Continue ReadingF-2015-374

RE 2014-0706

  • Post author:
  • Post category:RE

In OCCA case No. RE 2014-0706, Sean Eddie Howland appealed his conviction for possessing a stolen vehicle and obstructing an officer. In a published decision, the court decided to reverse the revocation of Howland's suspended sentence and remanded the case to the District Court with instructions to dismiss. One judge dissented. Howland had pled guilty to the charges in 2009 and was given a suspended sentence that included time in jail and fines. He was supposed to follow rules while on probation. However, the State accused him of not staying in touch with his probation officer after he got out of prison in New Mexico. In 2011, Howland admitted to the allegations, and the judge gave him more time to comply with the probation rules. When Howland didn't show up for a review hearing later, the judge revoked his suspended sentence in 2014. Howland then argued that he didn’t get good help from his lawyer during the revocation process and that the delays were unfair. The State also admitted that the delays hurt Howland's case. After looking at everything, the court agreed with Howland and decided to reverse the revocation. The case was sent back to the lower court to dismiss the revocation.

Continue ReadingRE 2014-0706

C-2013-1030

  • Post author:
  • Post category:C

In OCCA case No. C-2013-1030, the petitioner appealed his conviction for grand larceny, false declaration of ownership in pawn, and bail jumping. In an unpublished decision, the court decided to deny the petitioner's request for certiorari. One judge dissented. Kevin Anthony Eifert pleaded guilty to several charges in the District Court of Ottawa County. These included two counts of grand larceny, one count of false declaration of ownership in pawn, and one count of bail jumping. The court placed him in Drug Court but later removed him from that program. Following this, he was sentenced to serve prison time and pay fines. After his sentencing, Eifert tried to withdraw his guilty pleas. He argued that the court did not have proper records to support the pleas, that he was not competent to enter them, and that some of the fines were too high according to the law. He also claimed he did not receive effective help from his lawyers during his hearings. The court looked at his claims and decided that he had not made a proper challenge to some of his arguments when he initially tried to withdraw his pleas. Because of this, some of his complaints were not reviewed. While reviewing the case, the court found that one of the fines imposed was indeed higher than what the law allowed. They modified that fine to the correct amount. In the end, the court denied Eifert's request to change his sentence but changed one fine to align with the legal limits. Most of the judgments from the Ottawa County District Court were confirmed. Overall, while Eifert's appeal was mostly unsuccessful, one part of his sentence was modified due to an error, showing that the court takes care to ensure fairness in sentencing.

Continue ReadingC-2013-1030

RE 2013-0523

  • Post author:
  • Post category:RE

In OCCA case No. RE 2013-0523, Michelle Renea Runco appealed her conviction for Neglect by Caretaker. In a published decision, the court decided to reverse the revocation of her suspended sentence and send the case back for a new hearing with legal representation. One judge dissented.

Continue ReadingRE 2013-0523

F-2012-545

  • Post author:
  • Post category:F

In OCCA case No. F-2012-545, Jimmy Dale Stone appealed his conviction for lewd molestation. In an unpublished decision, the court decided to reverse and remand his convictions for a new trial. One judge dissented. Jimmy was found guilty by a jury on several counts of lewd molestation involving children. He was sentenced to a total of eight years in prison, with some of the sentences running one after the other and one running at the same time as another. He had to serve a majority of his sentence before he could be considered for parole. On appeal, Jimmy raised several important points. He argued that the judge didn’t explain all the important parts of the law about lewd molestation to the jury. He believed the evidence used against him wasn’t enough to prove he had done anything wrong. He claimed that the jury was influenced by people who talked about the case before it started. He felt he was not given a fair chance at trial because of things the prosecutor said about the victims. Also, he said he should have had money for an expert witness to help prove his side. He believed that presenting other crimes as evidence was unfair. Finally, he argued that all these mistakes together affected the fairness of his trial. The main issue that the court found was a big mistake in how the jury was instructed about the law. There are specific things that must be proven to convict someone of lewd molestation. To be found guilty, it must be shown that the defendant knowingly did something wrong and that they intended to do it. This was not explained correctly to the jury during the trial. The court found that some parts of the legal instructions given did not include important elements needed to prove the case. Although there was an argument about whether this error was harmful, the court decided it was serious enough to affect the outcome of the trial. They concluded that omitting the requirement that the defendant acted knowingly and intentionally could have changed how the jury viewed the evidence and questions raised during the trial. Since the evidence against him was not overwhelming enough to guarantee he was guilty regardless of these instructions, the decision was made to reverse the conviction. Because of this significant error, the court said that Jimmy should get a new trial where the jury would be properly instructed on the law. The other issues he raised in his appeal were not discussed because the main error already warranted a new trial.

Continue ReadingF-2012-545

F-2012-916

  • Post author:
  • Post category:F

In OCCA case No. F-2012-916, Andrew Lee Harris appealed his conviction for Possession of a Controlled Substance (Cocaine) after being found guilty by a jury in the District Court of McCurtain County. In an unpublished decision, the court decided to modify his sentence from thirty years to twenty years in prison. One judge dissented. Andrew Lee Harris was found guilty on charges for having cocaine. His punishment was set at thirty years, but he did not agree with the decision and decided to appeal. During the appeal, he argued that: 1. The jury wasn't given the right instructions about possession of paraphernalia, which he thought was unfair. 2. The prosecutor gave improper evidence and made comments that affected the fairness of his sentencing. 3. The trial court did not follow required procedures in his case. The court analyzed these claims carefully. In the first point, they decided that the jury did not need to be told about possession of paraphernalia because it was not a lesser included offense of cocaine possession. This means it was a separate crime, and the judge was right not to give those instructions. In his second point, the court looked at the information that was presented during the trial. They said there were some mistakes with what was allowed as evidence. A former probation officer talked about Harris's past, which shouldn't have been mentioned because it could make the jury think about parole and probation unfairly when deciding his sentence. The court found that this could have influenced the jury, especially since they asked questions about how long Harris would be on parole. Therefore, they decided that because of this, it was necessary to reduce his sentence to twenty years. As for the third point, the court felt that the way the trial judge handled certain procedures was not a problem anymore because they had already decided to change Harris's sentence based on the earlier mistake. In the end, the court agreed with Harris’s reasoning about how he should have been sentenced, leading them to change his punishment. They affirmed his conviction but modified the sentence to twenty years in prison.

Continue ReadingF-2012-916

RE 2012-0259

  • Post author:
  • Post category:RE

In OCCA case No. RE 2012-0259, the appellant, Samuel David Murich, appealed his conviction for possession of a controlled dangerous substance. In a published decision, the court decided that the revocation of Murich's suspended sentences was not valid because the State did not prove the finality of the conviction it used to revoke his probation. The court agreed with Murich’s argument and reversed the revocation. One judge dissented.

Continue ReadingRE 2012-0259

F-2011-480

  • Post author:
  • Post category:F

In OCCA case No. F-2011-480, Huyen Ai Thi Tran appealed his conviction for perjury. In a published decision, the court decided to remand the case for correcting the fine but otherwise affirmed the conviction. One judge dissented. Ms. Tran was found guilty of perjury by a jury and was sentenced to ten years in prison, with three years to be served. Ms. Tran raised several issues in her appeal. She claimed that evidence from other crimes unfairly influenced the jury, which made her trial unfair. She argued that the trial court mentioned she was in custody for an unrelated matter and that her co-defendant talked about other crimes during the trial. However, the court found these issues did not have significant impact. She also argued that the prosecutor asked questions that brought up evidence about other crimes without proper warning, but the court decided these errors didn’t affect the outcome. Ms. Tran argued that her right to remain silent was violated when the jury heard that she had refused to answer questions in a previous case. The court noted that the trial judge intervened and instructed the jury to ignore that testimony. Another point Ms. Tran made was about her lawyer's failure to challenge a juror who was a police officer. Ms. Tran’s lawyer did not pursue this challenge, but the court found that it was not a serious issue since the juror was not working in law enforcement at the time of the trial. Ms. Tran then pointed out that the fine noted in the final judgment was different from what the court initially stated during sentencing. The court agreed to correct this mistake. Lastly, Ms. Tran suggested that all these issues combined created a harmful effect on her case. However, the court concluded that any significant errors were not enough to change the trial’s outcome due to strong evidence against her. The final decision required the correction of the fine in the records, but the conviction for perjury was largely upheld.

Continue ReadingF-2011-480

F-2007-1151

  • Post author:
  • Post category:F

In OCCA case No. F-2007-1151, Keynon Michael Owens appealed his conviction for First-Degree Felony Murder and Robbery with a Dangerous Weapon. In an unpublished decision, the court decided to reverse the conviction for felony murder and to affirm the conviction for robbery. One judge dissented. Owens was tried for the murder of Javier Carranza and robbery of Jesus Carranza. He was convicted of felony murder, with the court determining that the murder happened during a robbery. However, the jury had previously acquitted Owens of the robbery charge against Javier Carranza. The court noted that this inconsistency needed to be addressed. Owens argued the evidence was not enough to support his convictions. The court examined the evidence and determined it was sufficient for the robbery charge against Jesus, but not necessarily for the felony murder related to Javier since the robbery charge for Javier was not convicted. The jury had expressed confusion during deliberations, asking questions that suggested they weren’t clear on how the charges connected. The court found errors related to jury instructions and how the trial court responded to the jury’s inquiries during deliberation. Due to this confusion and because the acquittal was logically inconsistent with the felony murder conviction, the court decided to reverse the felony murder conviction but upheld the robbery conviction. The dissenting judge disagreed with reversing the felony murder conviction, arguing that the jury's decision, even if inconsistent, could still be valid and supported by evidence.

Continue ReadingF-2007-1151