S-2013-687

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In OCCA case No. S-2013-687, the appellant appealed his conviction for DUI manslaughter. In a published decision, the court decided to affirm the lower court's ruling, stating that the evidence was not sufficient to prove that the appellant's actions were the direct cause of the victim's death. Two justices dissented from the decision. The case involved an incident that took place on October 11, 2012, when the appellee was charged with first-degree manslaughter. This charge stemmed from the accidental death of his wife, Linda Vaughan, while he was driving under the influence of alcohol. During the preliminary hearing, it was revealed that Vaughan was intoxicated, with a blood alcohol level of .14, and that his wife had exited the truck he was driving. She was killed when he accidentally ran over her. Vaughan argued that the state's evidence failed to show that his driving while intoxicated was the direct cause of Linda's death. Testimony from a highway patrolman indicated that while Vaughan may have been more aware of his surroundings if he were sober, Linda's death would have occurred regardless of his intoxication. The court examined whether the state had presented enough evidence to prove that the appellee's actions directly caused the victim's death. They found that the evidence showed Linda made the choice to leave the vehicle and that her death was caused by her own actions, not by the appellee's impaired driving. Because there was insufficient evidence to support the charge of DUI manslaughter, the court upheld the decision of the lower court, which had granted Vaughan's demurrer, meaning they did not find probable cause to believe a crime had been committed. In the end, the court affirmed the district court’s decision, concluding that the evidence was not strong enough to support the charge against Vaughan. The decision did not minimize the tragedy of the accident but emphasized the importance of concrete evidence in such cases.

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F-2001-916

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In OCCA case No. F-2001-916, Gilda Marie Schoonover appealed her conviction for Committing or Permitting Child-Abuse Murder. In an unpublished decision, the court decided to reverse and remand for a new trial. One judge dissented. Gilda and her husband were charged with the murder of their adopted child, Benjamin, who was just over two years old. The trial took place with a jury, and both Gilda and her husband were found guilty. They were sentenced to life in prison based on the jury's recommendation. During the trial, there were several problems that Gilda highlighted as reasons for her appeal. First, she argued it was wrong for the jury to consider different ways to blame her. They were told that it was possible she either directly hurt the child or allowed her husband to hurt him. Gilda felt that allowing these different ideas confused the jury. She also pointed out that the court did not let the defense see all the evidence it needed, like a written statement from another person who might have helped their case. Furthermore, Gilda was unhappy about how the court allowed some information about past contacts with child services to be used against her. The jury couldn’t be sure which theory they believed—the one where Gilda hurt the child or the one where she let her husband hurt him. The court agreed that the evidence provided did not clearly show that she personally allowed the abuse or knew it was going to happen. Because of these issues, the court decided that Gilda deserved a new trial to ensure she had a fair chance to defend herself. In summary, the court found errors in the trial process, particularly in how the jury was instructed and the evidence presented. Gilda's conviction was overturned, and she was given another chance to have her case heard.

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