Abuse of Discretion

S-2014-759

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In OCCA case No. S-2014-759, #x appealed his conviction for #y. In an unpublished decision, the court decided to affirm the lower court’s dismissal of the case. #n dissented. In this case, the State of Oklahoma charged Chad Allan Lunsford with serious drug crimes. The police found a large amount of methamphetamine and other drug-related items in a car after they stopped the driver for a traffic violation. The driver, Gloria Caffey, was arrested, and Lunsford was also taken into custody after the police found the drugs. Lunsford said the case should be thrown out because the State didn’t prove that he owned or knew about the drugs. He argued that just being in the car wasn’t enough to show that he controlled the drugs. The judge in the district court agreed with Lunsford and dismissed the case, saying there wasn’t enough evidence to show that he had control over the drugs. The court explained that just being near drugs doesn’t mean someone is guilty. There has to be more proof, showing that the person really knew the drugs were there and had control over them. For example, in this case, the drugs were found in a bottle with Caffey's name on it, and she admitted they were hers. Also, there was no clear evidence that Lunsford was trying to hide anything, and he didn’t try to run away when he could. When the State appealed the judge’s decision, the higher court looked at the facts carefully. They reviewed whether the lower court made a mistake in its decision. The higher court found that the lower court was correct in dismissing the case because they didn’t have the right evidence to show Lunsford was guilty. Thus, they agreed to keep the lower court's dismissal. However, one judge did not agree with the decision. This dissenting judge thought that the trial court made a mistake by not considering some evidence that could connect Lunsford to the drugs. They felt that there were enough signs showing Lunsford might have had knowledge and control over the drugs, and the matters should have been decided by a jury. Ultimately, the court upheld the lower court's decision to dismiss the case against Lunsford, agreeing that the evidence wasn’t strong enough to prove he was guilty of the drug charges.

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RE-2014-575

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In OCCA case No. RE-2014-575, Jason Duane Barnes appealed his conviction for violating his probation. In an unpublished decision, the court decided to reverse the decision to revoke his suspended sentences. The judges noted that the evidence was not enough to support the revocation because the prosecution failed to show that the judgment related to his new crime was final. One judge dissented.

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RE-2014-96

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In OCCA case No. RE-2014-96, Blackwell appealed his conviction for Child Abuse. In a published decision, the court decided to affirm the revocation of Blackwell's suspended sentence but remanded the case to determine whether Blackwell is entitled to credit for time served as a Youthful Offender. One member of the court dissented. Blackwell was charged with First Degree Rape but later pleaded guilty to Child Abuse, and his sentence was delayed for five years on probation. After violating several terms of his probation, the state requested to revoke his suspended sentence. Blackwell claimed that the court did not have the right to revoke his sentence because he argued he was a youthful offender and that his adult conviction was improper. The court explained that the appeal focused on if the revocation was valid rather than the underlying conviction's correctness. Blackwell’s claims related to his conviction need to be addressed through a different legal process, not this appeal. The court also pointed out that issues about the correctness of laws mentioned in the documents were not within their authority to correct in this appeal. Additionally, Blackwell argued that his entire sentence revocation was too harsh. However, the court mentioned that breaking even a single probation rule is enough to revoke the suspended sentence. Finally, Blackwell maintained he should get credit for the days he spent under juvenile custody, and the court agreed to look into this matter further, sending the case back for clarification on this issue. They affirmed the revocation overall but allowed for the investigation into how much credit Blackwell should receive.

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F-2014-286

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In OCCA case No. F-2014-286, Ketcher appealed his conviction for eluding a police officer after two or more felonies. In an unpublished decision, the court decided to affirm the conviction and sentence but vacated the $5000 fine associated with the felony offense. One judge dissented. Ketcher was found guilty by a jury on several counts, including eluding police, leaving the scene of an accident, driving without a license, and having improper vehicle equipment. He was sentenced to a total of thirty years in prison and received various fines based on his convictions. The main point of his appeal was about the eluding charge, where he argued that the evidence was not strong enough to show he endangered others while trying to escape the police. The court reviewed the case and found that the evidence, including video footage, demonstrated that Ketcher did endanger others. He ran stop signs and drove very fast through neighborhoods, even close to pedestrians. Therefore, the court felt that a reasonable person could find him guilty of the charge beyond doubt. Ketcher also argued that the trial court should have instructed the jury about a lesser charge for eluding. However, the court stated that the evidence did not support this request, so they denied it. Additionally, the court acknowledged a mistake in how the jury was told about fines for the felony eluding charge. It should have been clear that the jury had the choice to impose a fine rather than it being mandatory. Because of this, they removed the $5000 fine from Ketcher's sentence. Regarding other claims of unfairness during the trial, the court found no serious problems that damaged Ketcher’s right to a fair trial. They noted that much of what the prosecutor said during the trial was based on evidence presented. Ketcher also claimed his attorney did not do a good job, but since the court found no serious errors during the trial, they did not agree with this claim. The final decision by the court was to uphold the prison sentences but to remove the fine, allowing them to issue their final ruling without more delays.

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F-2013-1199

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In OCCA case No. F-2013-1199, Gene Douglas Graham appealed his conviction for lewd molestation. In a published decision, the court decided to reverse his conviction and order a new trial. One judge dissented. Gene Douglas Graham was found guilty by a jury for lewd molestation, which is against the law. The jury decided that he should spend twenty-five years in prison. However, the judge took some time off his sentence and said he would only have to serve thirteen years and pay a fine. During the trial, Gene's arguments for appeal included that there wasn't enough evidence to prove he did something wrong, that he couldn't present a defense, and that he didn’t get a fair trial. Specifically, he said the judge made a mistake by not letting him talk about an eviction notice he received, which he thought was important to show that he knew about the accusations before he made a statement to the police. The court decided that the judge had made a mistake by not allowing Gene to talk about the eviction notice and that it was important for his defense. They believed that not being able to mention it could have affected the jury's decision. Even though the State had a strong case, the jury was still confused because they found him not guilty on two other counts related to the same victim. The judge also mentioned that talking about Gene's right to stay silent when the police questioned him was wrong and should not have happened. Gene’s lawyer didn’t object to this at the trial, so it complicated the case. However, since they found other problems, they reversed the conviction and decided he needed a new trial. In the end, the court agreed that Gene had not been treated fairly during his trial, leading them to reverse the decision and start over. This means they felt important evidence was wrongfully kept out and that he was not given a fair chance to defend himself.

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RE-2014-392

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In OCCA case No. RE-2014-392, the appellant appealed his conviction for lewd molestation and rape in the first degree. In an unpublished decision, the court decided to affirm the revocation of the appellant's suspended sentences, but they vacated the one-year period of post-imprisonment supervision. One judge dissented.

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C-2014-139

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In OCCA case No. C-2014-139, Clifford Eugene Teel appealed his conviction for lewd molestation, forcible sodomy, and indecent exposure. In an unpublished decision, the court decided to grant his request to withdraw his guilty pleas and allowed him to enter new pleas for the charges. The dissenting opinion was not specified. Teel had entered a plea of nolo contendere, which means he did not admit guilt but accepted the punishment. The judge sentenced him to a total of twenty years for some charges and ten years for another, all to be served together. Later, Teel wanted to change his plea because he believed he had been given wrong information about the length of his possible prison time. He thought he could get life in prison, but it turned out that the maximum punishment for his charges was actually much less. Teel's claims were that he did not get proper advice from his lawyer and that the judge did not explain the correct punishments before he accepted the plea. During a review, it was found that the trial court had indeed not informed him right about the maximum punishments he faced. The Attorney General even admitted there was a mistake in how Teel was advised. The court decided that since Teel's plea was not made knowingly and voluntarily due to the wrong advice, he should be allowed to withdraw his guilty plea and enter new ones concerning his charges. The original judgment and sentence from the District Court were reversed, and the case was sent back for further actions.

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C-2014-254

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In OCCA case No. C-2014-254, the petitioner appealed his conviction for embezzling over $25,000. In an unpublished decision, the court decided to affirm the trial court's ruling regarding the petitioner's motions, but vacated the restitution order and remanded the case for a new determination of the victim's loss. One judge dissented. The petitioner, who is William Reeves Cathey, was accused of embezzlement by the state. He pleaded guilty to the charge in 2012, and his sentencing was delayed multiple times so he could repay the money he took. When his sentencing finally took place in January 2014, he decided to represent himself after dismissing his lawyer due to their illness. The judge sentenced him to ten years in prison, but allowed him to suspend six years of that sentence and ordered him to pay $96,500 in restitution to the victim. Before he was sentenced, the petitioner made several requests to withdraw his guilty plea and to disqualify the District Attorney's office, claiming it was unfair. The court denied these requests. He also claimed that he did not understand the plea agreement because he thought the maximum fine would be much lower than what it was. He felt that the judge had not properly explained the charges to him when he entered his plea and claimed this made his plea involuntary. During the appeal process, the court looked at the petitioner's points. They decided that his concerns about the restitution order were valid. The court found that the lower court had not made it clear how the restitution amount was determined, and they thought that a new hearing was needed to sort this out. The court also rejected all of the petitioner's other arguments. They believed that he had entered his plea knowingly and that his sentence, while long, was not excessively severe. In conclusion, the court confirmed the denial of his motions to withdraw his plea but returned the issue of the restitution amount back to the trial court for further evaluation.

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SR-2013-1187

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In OCCA case No. SR-2013-1187, the State appealed the conviction of Carson for lewd molestation. In an unpublished decision, the court decided to affirm the district court's ruling. One judge dissented. Carson was charged with six counts of lewd molestation. A jury found him not guilty on three charges and couldn’t make a decision on the other three, which are still unresolved. The appeal centered around whether the district court made the right call when allowing evidence about past sexual abuse involving a different perpetrator. The State argued that this evidence should not have been allowed under a law known as the Rape Shield statute, designed to protect victims by limiting the introduction of their past sexual behavior. The district court, however, let the defense question the victim about these other incidents. The State believed this was a mistake and wanted the court to review the evidence ruling. However, the court decided not to do so. They trust the trial court's judgment on these matters unless there is clear proof of a mistake. The court said the State did not show that the trial court made an error in allowing the evidence. In summary, the OCCA upheld the decision made by the district court, ruling that they acted within their rights, and the case for Carson was allowed to stand as it was.

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J-2014-0646

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In OCCA case No. J-2014-0646, D.S.C. appealed his conviction for lewd or indecent acts to a child under 16. In a published decision, the court decided to reverse the order adjudicating him as a delinquent child and remand the case for further proceedings. One justice dissented. D.S.C., who was born on September 17, 1997, had been charged with two counts of lewd or indecent acts, and a petition was filed on December 21, 2012. His trial occurred without a jury on July 9, 2014, and the decision was made to find him delinquent, meaning that the court said he had committed an act that is considered wrong for a child of his age. D.S.C. appealed this decision, arguing that he had been denied a right to a jury trial. He claimed that he agreed to waive his jury trial as part of a deal to enter a sex offender program, which he did not end up getting into. Because he could not start or complete this program, he felt that he should not have waived his right to a jury trial. He believed that the deal between him and the State was unfair because it was not fulfilled, and therefore, the agreement should not hold. The court agreed with D.S.C. and pointed out that he had the right to demand a jury trial, which could only be waived under certain conditions. Since the conditions of the deal were not met, the waiver of the jury trial was not valid. This means that once the deal fell through, D.S.C. should have been given the chance to have a jury trial. Because of this ruling, the court decided to reverse the earlier decision that found D.S.C. delinquent and send it back to the lower court so that it can be handled differently. Since the court found this issue important, they did not see a need to discuss the other claims D.S.C. made in his appeal. Therefore, the outcome focused on the jury trial right, leading to the decision that he deserved another chance to have a trial with a jury.

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RE 2013-0885

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In OCCA case No. RE 2013-0885, Lela Mae Goodwin appealed her conviction for violation of her probation due to several reasons, including drug use and not attending treatment. In an unpublished decision, the court decided to uphold the revocation of her suspended sentences but ordered the district court to remove a part that imposed post-imprisonment supervision. One judge dissented.

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RE-2013-887

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In OCCA case No. RE-2013-887, Collins appealed his conviction for Possession of Child Pornography. In an unpublished decision, the court decided to affirm the revocation of his suspended sentence but vacated the additional one year of post-imprisonment supervision. One judge dissented. Here's a brief summary of the case: Mark Stephen Collins was charged with having child pornography in 2010. He pleaded no contest and was given a five-year sentence, with a part of it suspended, meaning he wouldn’t have to serve it in prison if he followed certain rules. However, in 2013, he broke those rules in several ways, like failing drug tests, not attending counseling, and refusing to meet with his supervising officer. Because of this, the state asked to make him serve his whole sentence. During a hearing about the violations, the judge decided it was fair to revoke his suspended sentence because Collins had admitted to breaking the rules. Collins argued that the judge was too harsh in revoking his sentence and that his actions were due to his drug addiction. The court explained that it doesn’t have to be proven that all rules were broken, just that at least one was. Collins also believed that the judge should not have added a year of post-imprisonment supervision after revoking his sentence since it would be a longer punishment than what was originally given. The law allows a judge to require supervision after imprisonment, but the court found that the judge was not allowed to impose it in this situation because it was not part of Collins’ original sentence. In the end, the court agreed with most of the judge's decision to revoke the sentence due to the violations but took away the additional year of supervision because it was not permitted. The case was sent back to the lower court to issue a new order that matched the court's ruling.

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RE-2013-635

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In OCCA case No. RE-2013-635, Bradberry appealed his conviction for the revocation of his suspended life sentences. In an unpublished decision, the court decided to reverse the full revocation and modify it to a ten-year revocation instead. One judge dissented. Bradberry was given suspended life sentences for failing to register as a sex offender and living near a school. He was on probation for less than two weeks when the state accused him of not reporting to his probation officer and not providing proof of employment or treatment. The trial judge decided to revoke his sentences completely due to these violations. Bradberry argued that the judge made a mistake by revoking his sentences in full, claiming it was excessive. The appeals court agreed that the judge abused his discretion, especially since many of Bradberry’s previous issues happened before his new sentencing. They found that the most significant reason for the revocation was his failure to report, which they believed did not warrant a full revocation. In the end, the appeal court decided that Bradberry’s suspended sentences should be modified. Instead of serving a life sentence, he would have to serve ten years of his suspended time. One judge disagreed with this decision and believed the full revocation was justified because Bradberry had not met his probation requirements.

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C-2013-1030

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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.

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S-2013-694

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In OCCA case No. S-2013-694, Fred A. Green, Ronald Krushe, and Christopher Thornburg appealed their conviction for kidnapping and first-degree burglary. In a published decision, the court decided to affirm the dismissal of the charges against them. One judge dissented. The case began when the three men, who were bail bondsmen, went to a home to arrest two individuals, Billy and Pam Jones, who were staying there. They knocked on the door, entered the home, and handcuffed the Joneses to take them into custody. The homeowner, Patrick Wills, and his wife were not happy about this and called the police. While Green and his employees thought they were legally allowed to arrest the Joneses because they had a valid bond, the State of Oklahoma disagreed and charged them with burglary and kidnapping. The trial court disagreed, stating that the bondsmen did have the right to make the arrests. The State argued that the men acted unlawfully because of certain statements made during the incident, but the court found that they were working within their rights as bail bondsmen. Ultimately, the court upheld the decision to dismiss the charges, stating there was no abuse of discretion by the trial court in concluding that the bondsmen were acting legally.

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S-2013-695

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In OCCA case No. S-2013-694, Fred A. Green appealed his conviction for kidnapping and first-degree burglary. In an unpublished decision, the court decided to affirm the dismissal of the charges against him and his co-defendants, Ronald Krushe and Christopher Thornburg. One judge dissented. The case began when Green, Krushe, and Thornburg were charged after they went to a home to arrest two individuals, Billy and Pam Jones, for breaching their bail bond. They entered the home without permission and removed the Joneses, leading to their arrest. However, the court found that since Green, Krushe, and Thornburg were acting as bail bondsmen with the legal authority to arrest, they did not commit the crimes of burglary or kidnapping. The state argued that their actions were unlawful since they entered the home with the intent to kidnap. However, the court determined that the bondsmen acted within their rights, resulting in the dismissal of charges.

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S-2013-696

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In OCCA case No. S-2013-694, S-2013-695, S-2013-696, the defendants appealed their conviction for kidnapping and first-degree burglary. In a published decision, the court decided to affirm the dismissal of the charges against the defendants. No one dissented. The case began when three bail bondsmen, Fred Green and his two employees, Ronald Krushe and Christopher Thornburg, were charged with kidnapping and burglary after they tried to arrest two people, Billy and Pam Jones, who had skipped out on their bail. They went to a home in Pawnee County where the Joneses were staying and entered without permission. They handcuffed the couple and attempted to take them to jail. However, the defendants argued that they had the legal right to arrest the Joneses because they had a valid bond with them. The court found that since they were acting within their legal authority when they arrested the couple, they did not commit kidnapping or burglary. The State disagreed, claiming that the defendants had intended to commit a crime. However, the court concluded that the defendants were within their rights and did not abuse their power. Therefore, the charges were dismissed, and the court upheld this dismissal in their ruling.

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F-2013-619

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In OCCA case No. F-2013-619, Carty appealed his conviction for robbery with a dangerous weapon. In an unpublished decision, the court decided to affirm the conviction but vacate the restitution order. One judge dissented. Carty was found guilty of using a dangerous weapon during a robbery. He was sentenced to ten years in prison and had to pay $625 in restitution to the victim. Carty thought that the trial court made a mistake when it decided how much he should pay as restitution. He argued that the court did not follow the correct rules when ordering the restitution. The court explained that when a victim suffers financial loss because of a crime, the trial court can order the defendant to pay restitution. However, this amount must be proven with reasonable certainty. This means that the victim needs to provide clear evidence of their financial loss, like how much they spent on medical bills or other costs resulting from the crime. The judges reviewed the records from Carty’s trial. They found that there was no evidence showing how the victim calculated their financial loss, and the victim did not share their losses during the sentencing. Because there was not enough proof provided to establish the victim's economic loss, the court agreed that the trial court made a mistake in deciding the restitution amount. The court ultimately upheld Carty's conviction but ordered that the restitution amount be looked at again to ensure it was determined correctly based on the victim’s actual losses.

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S-2013-718

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In OCCA case No. S-2013-718, Tutson and Heartfield appealed their conviction for Possession of a Controlled Dangerous Substance (Marijuana) With the Intent to Distribute and other related charges. In a published decision, the court decided to affirm the trial court's ruling to suppress evidence, which means they agreed that the evidence should not be used against Tutson and Heartfield because the consent to search was not clearly given. One judge dissented.

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J-2014-108

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In OCCA case No. J-2014-108, C.E.B. appealed his conviction for Lewd Molestation and First Degree Rape. In a published decision, the court decided to reverse the lower court's sentencing order. A dissenting opinion was not noted. C.E.B. was charged as a youthful offender when he was only 15 years old for serious offenses involving a younger relative. He initially pleaded guilty to these charges and was sentenced to a rehabilitation program rather than prison. His time in the program was monitored by the Office of Juvenile Affairs, which recommended that he could successfully complete his treatment. The court emphasized that upon successful completion, charges could be dismissed. Despite showing progress and completing his treatment program, the District Court later sentenced C.E.B. to prison as an adult, which contradicted the earlier agreements regarding his rehabilitation. The State had initially indicated that his completion of the program would lead to dismissal, yet pursued a harsher sentence instead. The Appeals Court found that the lower court abused its discretion. C.E.B. had completed his rehabilitation successfully, and there was no extensive evidence to suggest he posed a threat that would require adult sentencing. The State failed to follow the proper procedures for transferring him to adult custody and should not have ignored the earlier agreements about his rehabilitation. Ultimately, the court ordered that C.E.B.'s case be dismissed, his name removed from the sex offender registry, and that his record be expunged. He was to be released from custody right away, confirming the importance of fair legal processes, especially for youthful offenders.

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RE 2013-0523

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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.

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C-2012-1165

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In OCCA case No. C-2012-1165, the petitioner appealed his conviction for Child Abuse or, in the alternative, Enabling Child Abuse. In an unpublished decision, the court decided to remand the case for an evidentiary hearing with conflict-free counsel. One judge dissented. Gabriel Brian Solis entered a type of guilty plea called an Alford plea, where he did not admit guilt but accepted a sentence possibility. He was sentenced to 80 years in prison and a $100 fine. Solis later wanted to take back his plea and filed a request to withdraw it, but this request was denied after two hearings where no real evidence was presented. The court noted that Solis did not get a fair chance to prove why he wanted to withdraw his plea, as he did not have a proper evidentiary hearing where witnesses could provide testimony or be questioned. It was also noted that during the hearing, Solis's attorney might have had a conflict of interest, which meant he could not represent Solis effectively. The court found that the trial judge did not allow enough evidence or witness testimonies at the hearings. Because of these issues, the case was sent back to the lower court so that Solis could have a proper evidentiary hearing with a new, conflict-free attorney. The remaining claims in Solis's appeal were no longer considered necessary since the hearing was to be redone.

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F-2013-327

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In OCCA case No. F-2013-327, Claude M. Byrd, III appealed his conviction for conspiracy to commit robbery, robbery with a firearm, and kidnapping. In an unpublished decision, the court decided to reverse the conviction for kidnapping in Count 9 while affirming all other judgments and sentences. One judge dissented. In this case, Byrd was found guilty in a trial without a jury. He had several charges against him, which included conspiracy to commit robbery, robbery, and kidnapping. The court sentenced him to serve five years for conspiracy, fifteen years for robbery (with part of that suspended), and ten years for each kidnapping charge, all to be served at the same time. Byrd argued that the evidence against him was not enough to prove he committed robbery against two people and that he was unjustly punished for multiple kidnapping charges. He claimed that his lawyer didn’t do a good job defending him and that some evidence used in his trial should not have been allowed. When the court looked at the evidence, they decided that Byrd was involved in the crimes even if he wasn't the one who took the items. His actions during the robbery could hold him responsible for the other crimes that happened afterward, like kidnapping people in the apartment. Regarding his claims of double punishment, the court found that Byrd's actions involved separate victims and crimes that did not violate the law against multiple punishments. However, they agreed that one of his kidnapping charges was too closely related to a robbery charge for Gonzalez, leading to the reversal of that specific conviction. The court concluded Byrd's lawyer did not fail in a significant way that would change the outcome of the trial. They also determined that the trial judge had not made mistakes in allowing certain evidence or in sentencing him. In the end, Byrd lost his appeal for most charges, but the court reversed the kidnapping conviction for one of the victims.

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F-2012-545

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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.

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S-2013-483

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In OCCA case No. S-2013-483, the defendant appealed his conviction for various crimes involving minors, including sodomy, lewd acts, and sexual battery. In an unpublished decision, the court decided to deny the State's appeal regarding the exclusion of certain evidence. One judge dissented from this decision. Thomas Bradley Porton was charged with serious crimes against children. The crimes included sodomy and other lewd acts, as well as providing alcohol to minors and possessing indecent photographs. These charges were based on incidents that occurred in McCurtain County. During the pretrial, the State wanted to use photographs found on Porton's computer as evidence. However, the judge ruled that these photographs could not be used in court. The State believed that the photos were important to prove their case against Porton. They argued that the photographs showed a pattern of behavior that related to the crimes he was charged with. The State appealed the judge's decision to keep the photographs out of the trial. They said that their ability to prove Porton's guilt was greatly affected without this evidence. The law allows the State to appeal when evidence is excluded if it is believed to be in the interests of justice. However, the court found that the State did not show that the photographs were a critical part of the evidence needed to prove the case. Because of this, the appeal was denied, meaning the photographs would not be part of the trial. The ruling pointed out that the trial judge had looked closely at the case and had reasonable grounds to decide that the photographs were not relevant or that their potential to cause unfair problems outweighed their usefulness as evidence. One judge disagreed with the majority opinion. He felt that the photographs should not have been excluded because they could help prove Porton's motive and intent regarding the charges. He argued that evidence of other actions taken by the defendant should have been considered, especially since there were connections between the photographs and the charges against Porton. In summary, the court upheld the lower court's decision to exclude the evidence, impacting the State's case against Porton, while one judge believed this decision was incorrect and would have allowed the evidence.

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