Aggressor Archives - OCCA Opinions

F-2012-567

Post author:Staff
Post published:September 23, 2013
Post category:F

In OCCA case No. F-2012-567, the appellant appealed his conviction for first-degree murder, shooting with intent to kill, and possession of a firearm after conviction of a felony. In an unpublished decision, the court decided to affirm the conviction but modified the sentence for the first-degree murder charge to life imprisonment with the possibility of parole, and the sentence for the possession of a firearm charge to seven years imprisonment. One judge dissented regarding the sentence modification. Mario Lenard Phenix was found guilty of killing Nicholas Martin and injuring Alex Shaw during a dispute on December 31, 2010. The incident involved Phenix, his former girlfriend, and her friends after a night out at a club. Phenix had been angry after his girlfriend ended their relationship, which led to threatening phone calls and ultimately to the shooting. The trial revealed different accounts of what happened that night. Witnesses said Phenix confronted the men with a gun, fired at them, and later, after a struggle, shot Martin again while inside his car. Phenix claimed he shot in self-defense, saying Martin was armed and aggressive. However, the jury rejected this, finding him guilty of murder and other charges. During the trial, Phenix raised several issues on appeal. He argued that he should have been allowed to present a lesser charge of manslaughter. However, because his self-defense claim would have resulted in an outright acquittal if believed, the court found that the jury's instructions were sufficient. Phenix also claimed that the trial process was unfair because the order of presenting evidence might have influenced the jury's decision on punishment. The court agreed that there was a procedural error but found it did not affect the fairness of the trial or the sentence imposed, except for the first-degree murder, which was modified to allow parole. Other arguments related to the introduction of evidence about Phenix's past violent behavior and comments made by the prosecutor during closing arguments were also addressed. The court found no prejudicial errors in these matters that would have affected the trial's outcome. In summary, the decision affirmed the conviction while modifying certain sentences, indicating that, despite some procedural issues, the overall due process was upheld in the trial.

F-2009-399

Post author:Staff
Post published:April 15, 2011
Post category:F

In OCCA case No. F-2009-399, Jeffery Robert Johnson appealed his conviction for Assault and Battery with a Deadly Weapon. In a published decision, the court decided to reverse Johnson's conviction and order a new trial. One judge dissented. Johnson was convicted of stabbing his roommate, Maurice Sartor, after a dispute over money. Johnson claimed he was acting to defend his girlfriend, Malinda Brookey, who was being threatened by Sartor. During the trial, there was a disagreement over how the events happened, especially regarding whether Sartor was the aggressor. The key issue in Johnson's appeal was about a mistake in the jury instructions. The trial court gave the jury a modified instruction about the defense of property that led to confusion. This instruction suggested that Sartor had the right to use force to get his property back, which Johnson argued was not true since he believed he was defending his girlfriend from Sartor's aggression. Johnson's lawyer objected to the instruction at the time of the trial, which meant they could raise this issue in the appeal. The higher court found that this error in the jury instructions was significant enough that it likely affected the fairness of the trial. Because of this, they reversed Johnson's conviction and ordered a new trial while not addressing Johnson's other claims or his request for a new trial based on new evidence. This decision means Johnson will get another chance to present his case in front of a new jury, with the hope that the instructions will be clearer and fairer this time. The dissenting judge disagreed with the majority's decision, believing the original instructions were appropriate and did not compromise Johnson's defense.

F 2005-362

Post author:Staff
Post published:June 16, 2006
Post category:F

In OCCA case No. F 2005-362, Pat Lee Richardson appealed his conviction for First Degree Manslaughter. In an unpublished decision, the court decided to affirm his conviction but modified his sentence. One judge dissented regarding the sentence modification. Pat Lee Richardson was found guilty of First Degree Manslaughter after a trial without a jury in Comanche County. He was sentenced to 35 years in prison. He appealed, arguing that he had a defense based on Oklahoma's Make My Day Law, which allows people to use force against intruders in their homes. Richardson claimed the victim was an intruder when he was stabbed. The court explained that the Make My Day Law applies only when someone enters a home, but the victim was standing on the porch, not inside the house. Therefore, Richardson could not use that law as a defense. The court also noted that stabbing the victim a second time while he was on the ground was not justified. Richardson argued that his lawyer did not provide good assistance by not presenting the Make My Day Law defense. However, the court believed this did not affect the outcome of his trial since the law did not apply to his case. He also argued that his actions were justifiable as self-defense. The court stated that there was no evidence to show that he was in danger at the moment he stabbed the victim, considering the victim presented no serious threat. Lastly, Richardson argued that his 35-year sentence was too harsh. The court agreed and modified his sentence to 20 years, feeling that the original sentence was shocking and too severe when taking into account certain factors of the case. Overall, the court upheld the guilty verdict but decided to reduce the prison time that Pat Lee Richardson would have to serve.