Appeal

C-2017-104

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In OCCA case No. C-2017-104, McLaughlin appealed his conviction for burglary and unlawful use of a police scanner. In an unpublished decision, the court decided to affirm the sentences for burglary and unlawful use of a police scanner but reversed the sentence for possession of burglary tools. One judge dissented. McLaughlin had pleaded no contest to charges of burglary in the second degree and unlawful use of a police scanner in a district court. At sentencing, he received life imprisonment for each of those counts, along with a fine for the second count. However, there was an additional charge for possession of burglary tools that had been dismissed earlier, but the court sentenced him for that count as well. McLaughlin wanted to withdraw his no contest plea later, but his request was denied. He filed for an appeal to challenge that denial, which was allowed to proceed. He raised three main arguments: one regarding the court's authority to sentence him for the dismissed charge, another about failing to bring him to trial on time, and the last about the severity of his life sentences being excessive. The court found that it was wrong for the district court to impose a sentence on the dismissed possession charge, and so it directed that judgment to be vacated. However, it ruled that McLaughlin had missed his chance to challenge the timing of his trial. The court also determined that his life sentences were not shockingly excessive, thus they would not be disturbed. In summary, McLaughlin's appeal was granted in part and denied in part: the decision on the burglary and police scanner charges stood, but the judgment on the possession of burglary tools was reversed, and the case was sent back to the lower court for corrections.

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F-2016-461

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In OCCA case No. F-2016-461, Roy Dale Doshier appealed his conviction for Rape in the First Degree. In an unpublished decision, the court decided to affirm the conviction but vacated a $250 attorney fee that had been assessed. One judge dissented. Doshier was found guilty after a jury trial and received a 30-year sentence, with the requirement to serve 85% of the term before being eligible for parole. He raised six points of error in his appeal, focusing on issues such as the admissibility of his statements, jury instructions regarding lesser offenses, the attorney fee, and the fairness of the proceedings. The court reviewed each issue. It found no error in admitting Doshier's statements, reasoning that the trial court had not abused its discretion in allowing them into evidence. On the question of jury instructions, the court concluded that the judge had not erred in not including instructions for lesser offenses, as no prejudice had been shown against Doshier. However, the court agreed to vacate the $250 fee for indigent defense because the attorney assigned to him did not actually represent him in court, which meant the fee was not valid. They also determined that Doshier's sentence was not excessive and did not require the jury to be informed about sex offender registration as part of the instructions. In the end, the court affirmed the judgment and sentence while vacating the fee, upholding the conviction due to a lack of legal errors. Overall, there was no indication that Doshier did not receive a fair trial, and the judges were satisfied with the outcome except for the singular point about the attorney fee.

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M-2016-596

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In OCCA case No. M-2016-596, Lyndol Keith Nunley appealed his conviction for Domestic Abuse - Assault and Battery. In an unpublished decision, the court decided to affirm his conviction. One judge dissented. The case began with a non-jury trial in which Nunley was found guilty of committing domestic abuse against someone he knew. The judge sentenced Nunley to pay a fine and to spend time in county jail. Initially, he was required to serve his jail time day for day, meaning he would serve the full year without any reductions. However, this requirement was later changed. Nunley appealed for three main reasons. First, he claimed his lawyer did not do a good job because there was no record of what happened during the trial, which made it hard for him to appeal. The court explained that to prove a lawyer was ineffective, a person must show how this caused them harm. Since Nunley did not give enough proof or show that any errors happened during the trial, his claim was not accepted. Second, Nunley argued that his sentence was too harsh. He believed the day for day term made his punishment excessive. However, since that requirement was removed after he filed his appeal, this argument was no longer valid. Lastly, Nunley pointed out that he received the maximum penalty allowed by law. The court noted that while it did impose the maximum jail time, his fine was much lower than what he could have received. The judges decided that Nunley did not show that his sentence was shocking or unfair, so they rejected his request to change it. In the end, the judges upheld the decision made in the lower court, meaning Nunley had to serve his sentence as it was decided.

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M 2015-1099

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In OCCA case No. M 2015-1099, Phantirath appealed her conviction for engaging in prostitution and operating a place of prostitution. In a published decision, the court decided to reverse her convictions because she was not allowed to enter a guilty plea, which is a right for defendants. One judge dissented, stating that the trial court did not abuse its discretion in rejecting the plea.

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C-2016-778

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In OCCA case No. C-2016-778, Donald Garra Patterson appealed his conviction for Abuse by Caretaker, Unlawful Removal of a Dead Body, and Obtaining a Controlled Substance by Forgery/Fraud. In an unpublished decision, the court decided to affirm his convictions on most counts but modified the sentence for Unlawful Removal of a Dead Body due to it being greater than allowed by law. One judge dissented. Patterson had entered a plea of guilty to various charges and was sentenced to multiple terms of imprisonment, including ten years for Abuse by Caretaker and seven years for each of the other charges. Afterward, he wanted to withdraw his plea, claiming he did not fully understand what he was pleading guilty to and felt his lawyer had not helped him properly. The main issues raised included whether his plea was made knowingly and if his lawyer had conflicts of interest or failed to give him correct information. The court found that Patterson didn't support his claims about not understanding the plea and concluded his sentence for the crime of Unlawful Removal had to be changed because it was wrongly set longer than the law allowed. The court also confirmed that the mistakes in advising Patterson were not enough to prove he was treated unfairly by his lawyer. Ultimately, the court decided to lower his sentence for Unlawful Removal of a Dead Body to the correct maximum of five years and instructed the lower court to fix some record-keeping errors regarding fees.

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F-2016-82

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In OCCA case No. F-2016-82, Angel Marie Proctor appealed her conviction for First Degree Murder, Kidnapping, and Assault and Battery with a Deadly Weapon. In a published decision, the court decided to reverse and remand the kidnapping conviction with instructions to dismiss, while affirming the other convictions. One judge dissented.

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F-2015-720

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In OCCA case No. F-2015-720, Bobby Dewayne Ray appealed his conviction for second degree burglary and impersonating an officer. In a published decision, the court decided to vacate the fine of $1,500.00 but affirmed the judgment and sentence otherwise. One judge dissented regarding the fine. Bobby Dewayne Ray was found guilty by a jury of two crimes: second degree burglary and impersonating an officer. The jury decided that he committed the burglary after he had already been convicted of two or more felonies. Because of this, he was sentenced to fifteen years in prison and fined $1,500 for the burglary, and was given one year in jail and fined $100 for impersonating an officer. Both sentences were to be served at the same time. On appeal, Ray raised two main arguments. First, he said that the way he was identified by the victim in court was unfair and not allowed under the law. He believed that an earlier identification using his photo was done in a way that could cause mistakes. He pointed out that his lawyer didn’t object to this identification during the trial, which meant he could only argue that it was clearly a mistake. The court looked at the situation and decided that even though the police used only one photo of him, the victim had a good view of him during the crime and was sure of her identification. So, they didn’t believe there was a big chance of making a mistake, thus they found no clear error in letting the victim identify him in court. In his second argument, Ray claimed that the instruction given to the jury about the fine was wrong. The judge told the jury that a fine was mandatory when it was actually optional. In a past case, the court recognized that giving such an instruction was a big mistake, but they also decided that in that case the mistake didn’t change the outcome because the jury gave the highest fine possible. In Ray’s case, they agreed that the $1,500 fine might indicate that the jury would have chosen a smaller amount if they had been told that giving a fine was not required. Therefore, they decided to cancel the fine, but they agreed that his conviction should stay. The court stated that their decision would be filed, and the mandate would be issued once the decision was recorded. One judge agreed with the result of the decision but disagreed about canceling the fine. They believed the jury probably intended to fine Ray because the amount was still significant enough, and the error shouldn't mean that the fine had to be thrown out. In summary, the court agreed to remove the fine but kept the convictions, while expressing that the mistake in jury instruction about the fine did not matter too much in the overall decision.

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C-2015-856

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In OCCA case No. C-2015-856, Misty Dawn Smith appealed her conviction for Possession of Controlled Dangerous Substance (Methamphetamine). In a published decision, the court decided to deny Smith's petition for a writ of certiorari but modified her post-imprisonment supervision from two years to one year. One judge dissented. Smith was charged with having methamphetamine and entered a guilty plea in December 2012. She was supposed to complete a drug court program which could lead to a lighter sentence. If she did well, her sentence would be a five-year suspended sentence and a fine. If she didn't, she could face ten years in prison and a larger fine. She was taken to a treatment facility and started the drug court program in May 2013. However, in July 2015, the state asked to remove her from this program because she was not following the rules. A judge agreed, and Smith was sentenced to ten years in prison and a fine. Smith wanted to withdraw her guilty plea, arguing that she didn’t understand everything about her plea and the consequences of the drug court program. She also argued that her sentence was too harsh. The court looked at these claims but determined that there was no reason to allow her to change her plea. Her initial plea was considered to be made knowingly and voluntarily. The court found that Smith knew about the difficult nature of the drug court program and that she had many chances to follow the rules. They also stated that she didn’t raise her claim about the excessive sentence in the correct way, and therefore, it could not be considered. The court agreed that the two years of post-imprisonment supervision given to her was incorrect and lowered it to one year, which is what the law allows. The decision was made after reviewing all details and records of the case.

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C-2016-140

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In OCCA case No. C-2016-140, Hiram Frank Mutters appealed his conviction for Child Sexual Abuse. In a published decision, the court decided to grant him a new hearing. One judge dissented. Mutters pleaded no contest to Child Sexual Abuse on December 7, 2015, and was sentenced to fifteen years in prison and a fine. He later wanted to withdraw his plea, so he filed a motion. However, during the hearing for this motion, he was not present because he was taken to another facility. His lawyer thought Mutters would prefer to stay away from jail rather than return for the hearing. This decision meant that Mutters could not explain his reasons for wanting to withdraw his plea. The court found that it is very important for a person to be present during such hearings because their testimony is vital. Since Mutters was not there, the hearing did not meet the required standards for fairness. Thus, the court ruled that the case should go back for a new hearing where Mutters can be present to share his side of the story and explain why he thinks he should withdraw his plea.

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S-2016-332

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In OCCA case No. S-2016-332, the defendants appealed their conviction for conspiracy to deliver a narcotic controlled dangerous substance and first degree murder. In a published decision, the court decided to affirm the lower court's ruling, which indicated that the defendants were not part of the conspiracy at the time of the victim's death. One judge dissented. The case began when a grand jury accused several people, including the defendants, of being involved in a conspiracy to sell drugs, which ultimately led to the death of Jennifer McNulty. She died from an overdose of oxycodone. After a preliminary hearing, a judge decided that two defendants, Miers and Gregoire, should not be charged with murder because they had withdrawn from the conspiracy before McNulty’s death. The state did not agree with this decision and appealed. They argued that the judge made a mistake in saying Miers and Gregoire had ended their part in the conspiracy. However, the court reviewed the evidence and found that both defendants had indeed separated themselves from the drug conspiracy before the incident occurred, so they couldn’t be held responsible for the murder. The court confirmed that Gregoire was removed from the drug operation because of her problems with addiction, causing others not to want her in the conspiracy anymore. Also, Miers had moved to another state and had stopped working with the main person involved in drug sales before the death happened. After considering everything, the court decided that the earlier ruling was fair and didn't show an abuse of discretion. In conclusion, the court affirmed that Miers and Gregoire could not be charged with first degree murder because they had taken themselves out of the conspiracy before the victim's death. The dissenting judge felt that the court made an error and that the defendants should still face charges.

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F-2016-55

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In OCCA case No. F-2016-55, James Curtis Cox appealed his conviction for Sexual Abuse of a Child. In an unpublished decision, the court decided to affirm the convictions but modify the sentences to run concurrently instead of consecutively. One judge dissented. Here's a summary of what happened: Cox was tried by a jury and found guilty of two counts of Sexual Abuse of a Child. The judge sentenced him to a long time in prison: twenty-five years for the first count and life imprisonment for the second count, along with fines. He had to serve eighty-five percent of his sentences before he could be considered for parole. Cox appealed because he thought several things went wrong during his trial. First, he complained that his lawyer did not do a good job. He also said the trial court made mistakes by not instructing the jury properly about certain evidence and that they considered witness statements that shouldn’t have been allowed. The court reviewed everything his lawyer did and decided that Cox was not able to show that he had suffered because of his lawyer's performance. They ruled that even if his lawyer didn’t object to some evidence or didn’t ask for certain instructions, it did not ruin his chance for a fair trial. The judges also looked at whether the trial court made mistakes about some evidence being used during the trial. They found that while some evidence shouldn’t have been used, it didn’t change the outcome of the trial. However, when it came to sentencing, the judges found a significant problem. The trial court should not have considered certain statements from victims who were not part of the case. They concluded that the judge was influenced by these statements, which were not allowed, while deciding how long Cox should stay in prison. In the end, the judges decided that Cox’s sentences should be changed to run concurrently, meaning he would serve them at the same time instead of one after the other. The court affirmed the convictions but modified the sentences so Cox would have a slightly lighter sentence to serve compared to what they initially decided. The appeal allowed Cox to get a better outcome in terms of his sentences, even though he still faced serious charges.

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F-2015-886

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In OCCA case No. F-2015-886, Russell Carl McCrillis appealed his conviction for two counts of Lewd Molestation. In a published decision, the court decided to affirm the judgment but remand the case for the trial court to assess a specific term of years for post-imprisonment supervision. One judge dissented. McCrillis was convicted in a jury trial and received a twenty-year prison sentence and a $20,000 fine for each count of lewd molestation. The sentences were ordered to be served at the same time. McCrillis raised several issues in his appeal. He claimed that his statement to the police should not have been allowed at trial because it was not made freely and voluntarily. He also argued that the jury should have been instructed about the voluntariness of his statement. Additionally, he pointed out that the trial court could not change his sentence to an indefinite probation after prison. Finally, he believed his sentences were too harsh. The court looked closely at whether McCrillis's statement to the police was voluntary and found that he had waived his rights properly and given his statement willingly. This meant the trial court did not make a mistake when it allowed the statement to be presented during the trial. The court did notice that while the judge should have instructed the jury on the voluntary nature of his confession, the lack of instruction didn’t really have an impact on the trial's outcome, as there was strong enough evidence against McCrillis. Regarding the trial court's authority to modify the sentence, the court agreed that it should have set a clear term for post-imprisonment supervision, which means after McCrillis serves his time, he should be supervised for a set number of years. The law says people convicted of certain crimes, like lewd molestation, must have a period of supervision after serving time, usually between nine months and a year. However, there is also a specific law stating that in cases of sexual offenses, supervision could be longer. The court noted that the trial judge didn’t give a fixed duration for supervision, which was a mistake. In the end, while the court agreed with McCrillis on the need for a specified period of supervision upon release, it found that his twenty-year sentence was not too severe based on the details of the crimes committed. Therefore, the court upheld the conviction but sent the case back to have the trial court determine the proper length of post-imprisonment supervision.

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F-2015-933

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In OCCA case No. F-2015-933, Thompson appealed his conviction for Unauthorized Use of a Motor Vehicle and Knowingly Concealing Stolen Property. In an unpublished decision, the court decided to affirm the judgment on Counts 1 and 2 but reversed the judgment on Count 3 with instructions to dismiss. One judge dissented. Thompson was found guilty of three crimes related to stolen property after a jury trial. He was sentenced to six years in prison for unauthorized use of a vehicle and eight years for each count of concealing stolen property. The sentences were arranged so that the two eight-year sentences would run together, while the six-year sentence would be added afterward. He was also fined $100 for each offense. Thompson raised several issues in his appeal. First, he argued that he should not have been convicted twice for concealing stolen property. He believed that since he acted only once when hiding the stolen items, charging him with two counts was unfair. The court agreed with him on this point and found that it was a mistake to have separate charges for items taken from different people. Next, Thompson questioned whether there was enough proof to find him guilty of unauthorized vehicle use and concealing stolen property. The court looked at all the evidence and decided there was enough to support his guilty verdict for unauthorized use of a vehicle, so that part of his conviction was upheld. Thompson also claimed that the prosecution made mistakes during the trial that harmed his chance for a fair judgment. However, the court did not find these errors serious enough to change the outcome of the trial. On the fines imposed by the trial court, Thompson argued that judges can't add fines unless the jury decides to. The court determined that the fines were allowed since the law permitted judges to impose them, even if the jury did not. Thompson felt that the judge shouldn't have made him serve the sentences for Counts 2 and 3 back-to-back after the first sentence. However, the court found that the judge's decision was within his rights and not an abuse of discretion. Overall, the court decided that none of the claimed errors were significant enough to change Thompson’s convictions except for the second count of concealing stolen property, which was dismissed. They confirmed that the remaining counts were properly upheld, leading to affirmation of most of Thompson's convictions.

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F-2015-531

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In OCCA case No. F-2015-53, Dennis Ray Runnels appealed his conviction for Unlawful Distribution of Controlled Dangerous Substance (Methamphetamine). In a published decision, the court decided to affirm the conviction but modify the sentence. One judge dissented. Runnels was convicted after a jury trial, where he was found guilty of distributing meth. The trial court sentenced him to 19 years imprisonment, with one year of post-imprisonment supervision, and ordered him to pay a fee for a court-appointed attorney and other costs. Runnels raised several issues in his appeal. First, he claimed that the state did not show a complete chain of custody for the meth. The court found that there was enough evidence for the jury to decide that Runnels was guilty beyond a reasonable doubt. The court also determined that Runnels had not shown any plain error regarding this issue. Second, Runnels argued that the state did not provide enough evidence to support his conviction. However, the court ruled there was sufficient evidence, including testimony and recordings from a controlled buy, for the jury to reach their conclusion. Third, he claimed the state failed to provide evidence that could have helped his case. He said the prosecutor did not correct a witness’s false testimony about prior convictions. The court found no wrongdoing by the state and ruled that Runnels had not shown how this affected the trial's outcome. In his fourth claim, Runnels argued that the jury was incorrectly instructed on punishment. The court agreed and found it was a plain error, which required modification of his sentence. Runnels also claimed the jury was led to think about probation and parole during the trial, but since the punishment was modified based on the previous claim, this point became moot. Regarding the claim that his sentence was excessive, the court agreed that it should be modified due to the instructional error and reduced it to 10 years with the same supervision and fees. Runnels also said his attorney was ineffective in several ways. However, the court found that these claims were moot because of the prior decision to modify his sentence. Lastly, Runnels asked the court to look at the overall errors during his trial to see if they denied him a fair outcome. The court determined that since they did not find any sustained errors, this request was denied. In conclusion, Runnels's conviction was upheld, but his sentence was reduced to 10 years in prison with supervision, and he will still pay the attorney fees and costs.

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RE-2015-844

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In OCCA case No. RE-2015-844, Cully appealed his conviction for Larceny of an Automobile, Driving Under the Influence of Alcohol, and Driving Without A License. In an unpublished decision, the court decided to affirm the revocation of Cully's suspended sentences. One judge dissented. Cully had entered a guilty plea in 2008 and was given suspended sentences in 2010. Later, he faced allegations of violating his probation, which led to a hearing and the eventual revocation of his suspended sentences in 2015. Cully claimed that the court should have specified that his sentences were to be served concurrently, and that the addition of post-imprisonment supervision was not allowed for him. The court concluded that while it could not add post-imprisonment supervision to his sentence due to the timing of the laws, the decision to revoke his suspended sentences was valid. Cully's request for a change to the order to show that his sentences were to be served concurrently was denied, and the case was sent back to the District Court to correct the judgment as per the court's rules.

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F-2015-457

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In OCCA case No. F-2015-457, Christopher Wayne Goldman appealed his conviction for First Degree Rape, Rape by Instrumentation, Forcible Sodomy, and Incest. In a published decision, the court affirmed the convictions for the first three counts but reversed and dismissed the conviction for Incest. One member of the court dissented. Goldman was found guilty of serious crimes related to sexual offenses against his niece. The jury recommended prison sentences that ran together for counts related to rape, sodomy, and separately for the count of incest. Goldman raised several issues in his appeal. He argued that there wasn’t enough evidence to prove his guilt for some charges, that unfair evidence was presented, that the prosecutor acted improperly, and that he did not receive adequate help from his attorney during the trial. The court agreed that the incest conviction should be reversed because it was based on the same act as the rape, which is not allowed by law. This meant Goldman was improperly punished for two things for doing one act, which is unfair. However, the court found sufficient evidence to support the convictions for First Degree Rape and Forcible Sodomy, stating that a jury could reasonably decide he was guilty based on the evidence presented. Goldman's claims about the prosecution and defense lawyer's conduct were reviewed, but the court found that the lawyers acted within their rights. The evidence of Goldman’s behavior after he was accused, which included uncomfortable actions in a police room, was allowed in the trial since it showed his possible guilt. In conclusion, while Goldman did not get relief for all his claims, the court recognized an important mistake about the incest charge and fixed it by not allowing that conviction to stand.

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S-2016-29

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In OCCA case No. S-2016-29, the State of Oklahoma appealed the conviction of Jones for unlawful possession of a controlled dangerous substance (methamphetamine) with intent to distribute and unlawful possession of drug paraphernalia. In a published decision, the court decided to dismiss the appeal because the State did not file the required Petition in Error within the time limit. One judge dissented.

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F 2015-121

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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.

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F-2014-764

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In OCCA case No. F-2014-764, Hawks appealed her conviction for Murder in the First Degree, Burglary in the First Degree, and two counts of Kidnapping. In an unpublished decision, the court decided to reverse and remand Count I, which was the murder conviction, but affirmed Counts II, III, and IV, which were the burglary and kidnapping convictions. One judge dissented on the reversal of the murder conviction. Hawks was accused of being involved in serious crimes, including murder, along with two other co-defendants. After being found guilty by a jury, Hawks was sentenced to a long prison term, with the murder sentence being life imprisonment. Hawks argued that the evidence against her was weak, claiming she didn’t participate in the crimes or know about them beforehand. She believed the jury wasn't given a fair chance to make their decision because the prosecution made mistakes in explaining the law regarding aiding and abetting. Aiding and abetting means that someone helped or supported a crime, even if they weren't the main person committing it. For Hawks to be found guilty, the evidence needed to show she had some knowledge or intent to support the crimes of her co-defendants, which involved planning and executing the murder and kidnappings. However, the court found that there were major issues with how the prosecutors explained the law, which misled the jury. The judges agreed that the jury may not have properly understood the law because the prosecutor repeatedly misstated it, even if the jury was given the correct instructions. As a result, the court agreed to give Hawks a new trial for the murder charge. For the kidnapping and burglary charges, the evidence seemed sufficient to support the jury’s verdict, so those were upheld. In conclusion, while Hawks' murder conviction was reversed for a new trial due to errors in how the law was presented to the jury, her other convictions were confirmed as valid. One judge disagreed with reversing the murder conviction, believing that the verdict was just and the evidence against Hawks clear.

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F-2015-212

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In OCCA case No. F-2015-212, Robert Leroy Gore appealed his conviction for Larceny of an Automobile and Knowingly Concealing Stolen Property. In an unpublished decision, the court decided to reverse and remand the case for a new trial. The court found that there was not enough evidence to show that Gore had properly given up his right to a jury trial. Therefore, the previous trial was not valid, and he will have another chance to present his case. No one dissented in this decision.

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J-2015-930

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In OCCA case No. J-2015-930, Z.M.M. appealed his conviction for two counts of Rape in the First Degree and seven counts of Lewd Acts with a Child under 16. In a published decision, the court decided to dismiss the appeal as moot. No one dissented. The case started after a non-jury trial where the District Court of Cleveland County found Z.M.M. guilty. The judge sentenced him to twenty-five years in prison for each count. Later, a motion was filed by the state to transfer Z.M.M. to the Oklahoma Department of Corrections. Z.M.M. appealed, arguing that he should receive credit for the time he spent in the custody of the Office of Juvenile Affairs. The state's response to the appeal acknowledged that Z.M.M. should be given credit for that time. They provided an amended judgment that corrected this mistake. Since the main issue in Z.M.M.’s appeal had been resolved, the court suggested that the appeal was no longer necessary and could be dismissed. When the court asked Z.M.M. to respond, he did not object to the dismissal. Because there was no reason to continue the case, the appeal was officially dismissed, ending the court's involvement.

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RE-2015-206

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In OCCA case No. RE-2015-206, Akers appealed his conviction for Burglary in the Second Degree, Knowingly Concealing Stolen Property, Conspiracy to Commit Burglary II, and Possession of a Controlled Dangerous Substance (Methamphetamine). In an unpublished decision, the court decided to reverse the revocation order against him. One judge dissented. In this case, Akers had entered pleas of no contest to several charges after a plea agreement. He was sentenced to serve time in prison, but part of his sentence was suspended, meaning he wouldn’t have to serve it right away if he followed certain rules. However, a few months later, a judge revoked part of his suspended sentence because of a violation. Akers argued that the court did not follow the rules properly during the revocation process. Specifically, he claimed that the court didn’t hold a required hearing within 20 days after he entered a plea of not guilty to the motion for revocation. According to the law, if this time frame is not followed, the court loses the authority to revoke the suspended sentence. The record showed that the state filed a motion to revoke Akers' suspended sentence, and although he entered a plea of not guilty, he did not receive a hearing within the 20-day period. Akers' lawyer pointed out this issue during the hearing, claiming the court should not have moved forward with the revocation as it did not meet the required timeframe. The dissenting judge had a different opinion, but the majority agreed that Akers was right. Because the required hearing was not held on time, they decided to reverse the revocation order and told the lower court to dismiss the state’s motion, meaning Akers’ rights were upheld, and he would not face the consequences of the revocation. Thus, the decision was made to give Akers another chance by reversing the revocation.

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F-2014-452

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In OCCA case No. F-2014-452, Roderick Leandrew Jackson appealed his conviction for various crimes, including knowingly concealing stolen property and drug-related offenses. In a published decision, the court decided to reverse the termination of his participation in the Drug Court program. The state also agreed that the termination was a mistake. Jackson had previously been sanctioned for his violations, and since there was no new evidence of violations presented at the hearing, he was reinstated in the Drug Court program. One judge dissented.

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RE 2014-0777

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In OCCA case No. RE 2014-0777, Rogelio Solis, Jr. appealed his conviction for Domestic Abuse - Assault and Battery. In an unpublished decision, the court decided to affirm the order revoking his suspended sentence but found merit in his argument regarding post-imprisonment supervision and remanded the case to modify that part. One judge dissented.

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S-2014-812

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In OCCA case No. S-2014-812, the State of Oklahoma appealed the conviction of Adam Clayton Zilm for Sexual Abuse of a Minor. In an unpublished decision, the court decided to affirm the ruling of the District Court that suppressed certain child hearsay statements. One judge dissented. The case started when Adam Clayton Zilm was charged with sexually abusing a minor in Tulsa County. Before the trial began, there was a hearing to determine if the statements made by the child victim, K.A., could be used as evidence in the trial. During this Reliability Hearing, the child made statements to a forensic interviewer and a neighbor about the alleged abuse. However, K.A. later testified that she had not been abused and said she had been influenced to make claims about the abuse. The State argued that the trial court was wrong to suppress the child’s statements because they believed the statements should have been allowed to support the case against Zilm. The court had to decide if these hearsay statements were trustworthy to be presented at trial. According to Oklahoma law, a child’s hearsay statements can be used if the court finds them to be reliable based on several factors. The trial court decided that K.A.'s statements to the forensic interviewer and neighbor were not reliable enough. They allowed K.A. to give her testimony because it was necessary to determine if her earlier statements could be trusted. The court found inconsistencies in her testimony compared to her earlier claims, which made the hearsay statements questionable. The appellate court upheld the trial court's decision, stating that they did not abuse their discretion by suppressing the hearsay statements from the child victim. They believed the trial court made the right choice by considering the total context around the statements. Meanwhile, one judge disagreed. This judge felt that the earlier statements made by K.A. should still be considered admissible. They argued that the trial court focused too much on K.A.'s later testimony, which could have been influenced and not truly reflected what had happened earlier. Overall, the court decided that the suppression of the hearsay evidence was appropriate, allowing the earlier ruling to stand and ensuring that K.A.'s inconsistent statements were not used in the trial against Adam Clayton Zilm.

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