Adequate Provocation

F-2017-949

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In OCCA case No. F-2017-949, Montoyia Corbitt appealed her conviction for Manslaughter in the First Degree-Heat of Passion. In an unpublished decision, the court decided to affirm her judgment and sentence. One judge dissented. Montoyia Corbitt was tried for a crime that involved the death of another person. During her trial, she claimed she acted in self-defense. However, the jury found her guilty, and she was given a six-year prison sentence. The law said she had to serve at least 85% of her sentence before she could be considered for parole. Corbitt made three main arguments in her appeal. First, she believed the evidence was not enough to prove she did not act in self-defense. The court explained that self-defense is a reason someone can use force, but it has to be reasonable. They found there was enough evidence that showed Corbitt's fear was not reasonable and, therefore, not justified in using deadly force. Second, Corbitt argued that a police officer’s opinion in her trial influenced the jury and was not fair. The court reviewed this matter and decided that the officer's testimony was allowed because it was based on what he observed during the investigation. They concluded that his statements helped clarify what happened during the incident without directing the jury toward a specific conclusion. Third, Corbitt was concerned about a photograph that showed her face during a police interview. She thought it was not relevant and unfairly prejudiced her case. The court ruled the photo was relevant because it helped support her claim of self-defense. They believed the image added to the understanding of the situation rather than just being harmful to her. Ultimately, after looking at all the arguments and evidence, the court agreed with the jury’s decision and affirmed her conviction.

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F-2018-184

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In OCCA case No. F-2018-184, Juanita Martinez Gomez appealed her conviction for First Degree Malice Murder. In an unpublished decision, the court decided to affirm her conviction. One judge dissented. Juanita, a 49-year-old woman, was found guilty of killing her daughter, Geneva Gomez, who was 33 years old, in Oklahoma City. The events took place in August 2016 after a violent encounter at Juanita's home. Geneva had previously lived with her boyfriend but went to collect her belongings with her mother. The boyfriend later became worried when he could not communicate with Geneva. The trial revealed that when the boyfriend visited Juanita's home, he found Geneva's body. She had severe injuries on her head and signs that she had been beaten. Instead of asking for help, Juanita showed strange behavior, claiming that Geneva was possessed. Evidence showed that Juanita attempted to clean up the crime scene and tried to prevent her boyfriend from leaving. At trial, Juanita did not testify, and her lawyers claimed that her odd behavior and statements meant she did not kill her daughter with intent. The jury, however, found that the evidence showed a clear intention to kill, considering the violent nature of the attack and Juanita's actions afterward. Juanita raised multiple claims of error in her appeal, but the court found that she had not been denied a fair trial. Her statements to the police about her motive for killing Geneva were not allowed in court because they were considered hearsay. The court reviewed the evidence and decided that it was sufficient to support the conviction for malice murder, rejecting Juanita's claims for lesser charges or defenses. The court ultimately affirmed the judgment of the District Court.

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F-2017-1104

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In OCCA case No. F-2017-1104, Joseph Johnson appealed his conviction for first degree murder. In an unpublished decision, the court decided to affirm the conviction. One judge dissented. Joseph Johnson was found guilty of killing Quavis Trae Cato during an argument over a car. The jury sentenced Johnson to life in prison without parole. The incident happened on October 10, 2016, when Johnson shot Cato 14 times, after a dispute over a stolen car. Witnesses testified that Johnson was armed with two guns and returned to the argument after briefly leaving the scene. During the trial, Johnson's defense argued for instructions on lesser charges of manslaughter, claiming he acted in the heat of passion or self-defense. However, the court found no evidence that Cato provoked Johnson sufficiently to warrant such instructions. The judges decided that Johnson escalated the situation by bringing guns into the argument and that simply being angry or upset does not justify the use of deadly force. Johnson also claimed that the prosecutor's closing arguments contained misconduct, asserting that they misled the jury about the facts and the law of self-defense, but the court found no errors that affected the fairness of the trial. Finally, Johnson’s defense argued that his lawyer didn't perform adequately by not presenting expert testimony about psychological conditions that might have affected his perception of the situation. However, the court concluded that even if the lawyer's performance was deficient, it wouldn't have changed the outcome of the trial because Johnson had initiated the conflict while armed. In summary, the court upheld the conviction for murder, concluding that Johnson acted with intent and malice when he killed Cato. The judges agreed that there was no basis for a lesser charge or for claims of ineffective counsel. Overall, the ruling was in favor of maintaining the original sentence.

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