Appellant Archives - OCCA Opinions

F-2021-1220

Post author:Staff
Post published:February 16, 2023
Post category:F

In OCCA case No. F-2021-1220, Aaron Struble appealed his conviction for Domestic Assault and Battery by Strangulation, After Former Conviction of Two or More Felonies. In an unpublished decision, the court decided to affirm the judgment but remand the case for resentencing to fifty years imprisonment, as originally assessed by the jury. One judge dissented. Struble was found guilty by a jury, which sentenced him to fifty years in prison. However, the trial court changed this sentence to life in prison, stating that the fifty years exceeded the maximum allowed. This was incorrect, as the fifty-year sentence was valid. The court acknowledged that the jury did not exceed the legal limits, and that the trial court’s change to life imprisonment was a mistake. Therefore, the case was sent back for proper sentencing. Struble also claimed that the prosecutor’s questions aimed at making the victim seem more sympathetic affected his right to a fair trial. However, since there were no objections during the trial to these questions, the court only looked for plain error. They determined that no major error had occurred in this matter. In summary, the court upheld the jury's conviction but pointed out the wrongfulness of the life sentence imposed by the trial court, sending the case back for the jury's original sentence to take effect.

RE-2021-1042

Post author:Staff
Post published:January 19, 2023
Post category:RE

In OCCA case No. RE-2021-1042, Matthew Bryan Buttery appealed his conviction for a series of crimes including distribution of controlled substances and petit larceny. In a published decision, the court decided to affirm the revocation of his suspended sentence but ordered that his new sentence run concurrently with a prior sentence from another case. One judge dissented on the issue of how the sentences should relate to one another. Matthew Buttery had previously pled guilty to several charges. He was given a ten-year suspended sentence, which means he didn't have to serve time in prison at that moment but had to follow certain rules. If he broke any rules, the court could take back that suspended sentence and send him to prison. The state claimed that Buttery did not report as required, did not pay his probation fees, and committed a new crime, for which they wanted to revoke his suspended sentence. During the hearing, the court found Buttery had violated the terms of his probation and revoked his suspended sentence. Buttery argued that the court made a mistake by not giving him credit for time he had already served and by ordering that his new sentence run after a different sentence from another county. The court explained that it had the right to revoke Buttery's suspended sentence because he violated the rules. They stated they didn't have to give him credit for time served because the suspended sentence is not changed by the violation. They also found that the judge improperly decided his new sentence would run after the one from the other county rather than at the same time. The judges clarified that when a sentence is revoked, it should not change how sentences from different cases affect each other. In the end, Buttery's appeal led to some changes. The court ordered that his new sentence should run concurrently, meaning he would serve them at the same time, rather than one after the other. However, the court upheld the overall decision to revoke his suspended sentence for breaking the rules of his probation. One judge agreed with the decision to affirm the revocation but disagreed with other parts of the analysis regarding the relationship between the sentences. So, to summarize, the main points from the case are that Matthew Bryan Buttery's suspension was revoked because he violated probation rules, but the court made a mistake when deciding how his new sentence should relate to an older sentence. He is to serve them at the same time now, according to the latest court ruling.

S-2022-41

Post author:Staff
Post published:December 15, 2022
Post category:S

In OCCA case No. S-2022-41, the State of Oklahoma appealed the conviction of Joshua Kyle Rhynard for unlawful possession of a controlled drug with intent to distribute, possession of a firearm after a felony conviction, possession of a controlled dangerous substance (marijuana), and unlawful possession of drug paraphernalia. In an unpublished decision, the court decided that the appeal was improperly brought and dismissed it. One judge dissented, arguing that the State made a sufficient case for review based on the importance of the evidence that had been suppressed. The dissenting opinion believed that the trial court made an error in suppressing the evidence found during a search because the officers executing the warrant used reasonable belief about the address they were searching.

F-2021-554

Post author:Staff
Post published:December 15, 2022
Post category:F

In OCCA case No. F-2021-554, Robert Willie Wilson, Jr. appealed his conviction for accessory to burglary in the second degree and carrying weapons. In an unpublished decision, the court decided to reverse and remand Count 1 (accessory to burglary) with instructions to dismiss the charge, while affirming Count 2 (carrying weapons). One member of the court dissented. The case revolved around Wilson's alleged involvement in a burglary at a laundromat. The jury found him guilty of being an accessory rather than guilty of the burglary itself. They sentenced him to twenty years for the accessory charge and thirty days for carrying a weapon, to be served at the same time as his other sentence. Wilson challenged his conviction, arguing that the evidence was not enough to prove he was an accessory to the burglary. He claimed that the State failed to show he actively concealed or helped another person, named Justin White, who committed the burglary. The law requires that to be an accessory, someone must help the offender escape arrest or punishment after the crime. During the trial, the evidence suggested that while Wilson was present in the vehicle during the time of the burglary, there was no proof that he helped White in any way after the crime. The court pointed out that Wilson's mere presence did not make him guilty. It highlighted that the State only showed he knew about the burglary, which was not enough to convict him as an accessory. Ultimately, the court concluded that the evidence did not support a conviction for accessory to burglary beyond a reasonable doubt. Therefore, they reversed Wilson's conviction for that charge, but they did maintain the conviction for carrying a weapon. The remaining claims in Wilson's appeal were no longer necessary to consider due to this decision.

F-2021-522

Post author:Staff
Post published:October 6, 2022
Post category:F

In OCCA case No. F-2021-522, Trevor Leif Toppah appealed his conviction for Aggravated Assault and Battery, After Former Conviction of Three Felonies (Count 1), and Conspiracy to Commit Assault and Battery (Count 2). In an unpublished decision, the court decided to affirm the judgment and sentence of the district court but modified the indigent defense fee. One judge dissented regarding the evidence for the conspiracy conviction.

F-2021-123

Post author:Staff
Post published:July 7, 2022
Post category:F

In OCCA case No. F-2021-123, Airick William Fuller appealed his conviction for kidnapping and first-degree robbery. In an unpublished decision, the court decided to affirm the conviction. One judge dissented. Fuller was found guilty by a jury in Custer County for two counts of kidnapping and one count of robbery, having prior felony convictions. The jury gave him sentences of ten years for each kidnapping count and thirty years for the robbery, all to be served concurrently, meaning he would serve them at the same time. Fuller argued that the evidence used in the trial was not enough to prove he committed first-degree robbery and that the trial court did not inform the jury about a lesser crime, second-degree robbery. The court carefully reviewed the entire case, including the evidence and arguments from both sides. Regarding the first argument, the court stated that there was enough evidence to show that Fuller threatened a victim, Jason White, with serious harm during the robbery. Even though White did not actually see a gun, the court noted that he had reason to fear for his safety because of what had happened earlier. The court concluded that the jury could justifiably find Fuller guilty based on this evidence. For the second argument, the court explained that since Fuller did not ask for the jury to consider the lesser charge of second-degree robbery, it was difficult for him to claim a mistake was made. The court found that no errors that would have changed the outcome of the trial were made. The court confirmed the original sentences but also instructed the District Court to make sure that the official record reflected that the sentences were to be served concurrently if that had not already been done. Overall, the court affirmed the conviction and rejected Fuller’s arguments.

RE-2020-501

Post author:Staff
Post published:May 26, 2022
Post category:RE

In OCCA case No. RE-2020-501, Kaylen Harrison Rice appealed his conviction for the revocation of his suspended sentences. In a published decision, the court decided to affirm the revocation but vacated the portion that required him to remain under supervision. One judge dissented. Kaylen Harrison Rice had previously been given suspended sentences for his crimes. He was supposed to follow certain rules instead of serving time in jail, but the rules changed to make his crime less serious. A new law stated that if someone is being revoked for a crime that is now seen as less serious, their punishment must follow the new law's limits. Kaylen argued that his one-year revocation was too long given the new law. However, the court found that the existing rules and his situation didn’t allow for the changes he suggested. During his revocation hearing, Kaylen raised concerns about being supervised after his jail time, saying that the law did not allow for that kind of supervision for his crime. The State acknowledged this point but later dropped the argument, which meant the court didn't consider it. The court decided that since the State had waived its right to challenge this part, it could not revisit it in Kaylen's appeal. In conclusion, the court upheld the decision to revoke Kaylen's suspended sentences but overturned the requirement that he be supervised, which was not allowed under the new law.

RE-2019-80

Post author:Staff
Post published:December 14, 2021
Post category:RE

**IN THE COURT OF CRIMINAL APPEALS OF THE STATE OF OKLAHOMA** **JODY LYNN BAILEY,** Appellant, v. **THE STATE OF OKLAHOMA,** Appellee. **Case No. RE-2019-80** **SUMMARY OPINION** **LUMPKIN, JUDGE:** Appellant Jody Lynn Bailey appeals from the revocation of his suspended sentences in Oklahoma County District Court Case No. CF-2016-2879. On February 1, 2017, Appellant entered negotiated guilty pleas to four counts of Identity Theft (21 O.S.Supp.2011, § 1533.1) and two counts of Using a Computer with the Intent to Defraud (21 O.S.Supp.2013, § 1953(A)(2)). He was sentenced to a term of imprisonment for fifteen years on each count with all but the first four years suspended. The sentences were ordered to be served concurrently. On November 1, 2018, the State filed an application to revoke the suspended sentences, alleging Appellant committed the new crime of robbery. A hearing on the application was held on January 22, 2019, before the Honorable Ray C. Elliott, District Judge. Judge Elliott granted the State's application and revoked Appellant's suspended sentences in full. On appeal, Appellant asserts the revocation was excessive. We disagree. **ANALYSIS** At the hearing where the State seeks revocation of a suspended sentence, the court must determine whether the suspended portion of the sentence should be executed based on whether the terms of the suspension order have been violated. A violation need be proven only by a preponderance of the evidence. Furthermore, a trial court's decision to revoke a suspended sentence should not be overturned unless there is an abuse of discretion. An abuse of discretion occurs when there is an unreasonable or arbitrary action taken without proper consideration of the facts and law, or a clearly erroneous conclusion that goes against the logic and effect of the evidence presented. In this case, we find no abuse of discretion in Judge Elliott's decision to revoke Appellant's suspended sentences. The determination of witness credibility and the weight given to their testimony is within the exclusive jurisdiction of the trier of fact. Therefore, Judge Elliott's decision to revoke the suspended sentences has not been established as an abuse of discretion. **DECISION** The order of the District Court of Oklahoma County revoking Appellant's suspended judgments and sentences in Case No. CF-2016-2879 is AFFIRMED. Pursuant to Rule 3.15, Rules of the Oklahoma Court of Criminal Appeals, Title 22, Ch. 18, App. (2019), the MANDATE is ORDERED issued upon delivery and filing of this decision. --- **APPEARANCES ON APPEAL:** **THOMAS P. HURLEY** ASST. PUBLIC DEFENDER 320 ROBERT S. KERR, STE 611 OKLAHOMA CITY, OK 73102 COUNSEL FOR APPELLANT **HALLIE BOVOS** ASST. PUBLIC DEFENDER 320 ROBERT S. KERR, STE 400 OKLAHOMA CITY, OK 73102 COUNSEL FOR APPELLANT **DAN POND** ASST. DISTRICT ATTORNEY 320 ROBERT S. KERR, STE 505 OKLAHOMA CITY, OK 73102 COUNSEL FOR STATE **MIKE HUNTER** OKLA. ATTORNEY GENERAL **CAROLINE HUNT** ASST. ATTORNEY GENERAL 313 N.E. 21st STREET OKLAHOMA CITY, OK 73105 COUNSEL FOR APPELLEE **OPINION BY: LUMPKIN, J.** **LEVIS, P.J.: Concur** **KUEHN, V.P.J.: Concur** **HUDSON, J.: Concur** **ROWLAND, J.: Concur** --- For further information, you may download the full opinion [here](https://opinions.wirthlawoffice.com/wp-content/uploads/RE-2019-80_1734335833.pdf).

F-2017-1300

Post author:Staff
Post published:December 2, 2021
Post category:F

In OCCA case No. F-2017-1300, Emmitt G. Sam appealed his conviction for first-degree murder and robbery with a firearm. In an unpublished decision, the court decided to reverse the convictions and remand the case with instructions to dismiss. One judge dissented. Emmitt G. Sam was found guilty of committing serious crimes in Tulsa County. The jury decided his punishment would be life in prison for murder and several years for the robberies, with fines. However, during his appeal, he raised important questions about whether he should have been tried in state court at all. Sam argued that he is a member of the Cherokee Nation and that his crimes occurred in an area recognized as Indian land. He claimed that under previous court rulings, the state did not have the authority to prosecute him because those crimes fell under federal jurisdiction due to their location on Indian territory. The court needed to determine two main things: if Sam is considered an Indian and if the crimes happened within the historic boundaries of the Creek Nation's Reservation. After looking into these questions, the trial court found that Sam had Indian blood and was recognized as an Indian by his tribe, even though he was not formally enrolled at the time of the crimes. The parties agreed the crimes took place in Indian Country. The trial court examined evidence presented in a hearing, including testimonies from witnesses who said that Sam was part of the Cherokee community and received benefits meant for Native Americans throughout his childhood. The evidence showed he lived in a supportive environment that aligned with his claims of being recognized by his tribe. Since the appeals court agreed with the trial court's findings, it ruled that Sam could not be prosecuted by the state but instead should face trial in federal court, where such cases are decided for crimes committed on Indian lands. As a result, the earlier judgments and sentences against Sam were overturned, and the case was sent back for dismissal by the district court. The ruling highlighted the intersection of state and federal law regarding Indian affairs, confirming that the rights of Native Americans must be respected within the court system.

RE-2020-452

Post author:Staff
Post published:September 30, 2021
Post category:RE

In OCCA case No. RE-2020-452, Katlin Maye Ford appealed her conviction for Assault and Battery with a Dangerous Weapon. In a published decision, the court decided to reverse the order revoking her suspended sentence. One judge dissented. Katlin pled guilty to Assault and Battery with a Dangerous Weapon and received a ten-year sentence that was suspended. This means she did not have to go to prison right away but had to follow certain rules. One rule was that she needed to pay restitution, which is money that goes to the victim to help with their losses. In October 2018, the State of Oklahoma asked the court to end her suspended sentence because she had not paid the restitution. In November 2018, Katlin decided to represent herself in court, meaning she did not want a lawyer. She admitted that she had not paid the restitution as ordered. The court then allowed more time for her to get back on track with her payments. However, in June 2020, the court decided to take away three years of her suspended sentence because she still had not paid the restitution. Katlin thought this was unfair and appealed the decision, making some important claims: 1. She said she was not given proper legal help when she needed it. 2. She believed the court should have helped her get a lawyer for her hearing. 3. She argued that any failure to pay the restitution was not intentional. In examining her first claim, the court noted that people have the right to have a lawyer when their suspended sentences are being revoked. For someone to give up that right, they must do it knowingly, which means they understand what they are doing. The court found that there was no clear record showing that Katlin had enough information about self-representation or that she made her decision with full understanding of the consequences. Since the court did not make sure she understood everything about waiving her right to a lawyer, the appeal was successful. The original decision to revoke her suspended sentence was reversed, meaning Katlin would get another chance to address her restitution payments and have proper legal representation. Therefore, the court instructed for the case to go back to the lower court for further actions that are consistent with its opinion. One judge disagreed with the majority's decision.

F-2019-854

Post author:Staff
Post published:September 23, 2021
Post category:F

In OCCA case No. F-2019-854, Joshua Lee Purdom appealed his conviction for several serious crimes, including assault and battery, kidnapping, and rape. In an unpublished decision, the court decided to reverse his convictions and remand the case with instructions to dismiss it. One judge dissented. Joshua Lee Purdom was found guilty by a jury of multiple crimes and received a lengthy sentence in the District Court of Hughes County. The court took into account that Purdom committed these crimes against a victim who had Indian heritage and that the crimes occurred on land considered part of an Indian Reservation. This brought up a question about whether the state had the right to convict him. Purdom argued that because the victim was an enrolled member of an Indian tribe and the crimes happened on Indian land, the state did not have jurisdiction to prosecute him; instead, this should be handled by federal courts. The case brought attention to a ruling from the U.S. Supreme Court that said parts of Oklahoma were still considered Indian Country for legal purposes. The OCCA agreed with Purdom and found that based on the facts established in a hearing, the state did not have the authority to prosecute him. The victim’s status as an Indian and the location of the crimes played a crucial role in the decision. Therefore, the court dismissed the case, emphasizing that only federal courts have jurisdiction over crimes against Indians in Indian Country under federal law. In summary, the court reversed Purdom’s convictions and ordered the case to be dismissed, which means he will not face charges from this case.

F-2020-125

Post author:Staff
Post published:June 17, 2021
Post category:F

In OCCA case No. F-2020-125, Justin Dale Little appealed his conviction for First Degree Murder. In an unpublished decision, the court decided that Little's conviction should be vacated because the State of Oklahoma did not have the jurisdiction to prosecute him due to his status as an Indian and the location of the crime within Indian country. The ruling was influenced by the prior case McGirt v. Oklahoma, which established that certain lands are still considered Indian reservations under federal law. The court found that since Little is recognized as an Indian and the crime occurred within the boundaries of the Muscogee Reservation, only the federal government has the authority to prosecute him. There was a dissenting opinion expressing concerns about the implications of the decision and how it followed previous legal precedents.

F-2020-54

Post author:Staff
Post published:June 3, 2021
Post category:F

In OCCA case No. F-2020-54, Floyd Joseph Ball, Jr. appealed his conviction for kidnapping, assault and battery with a dangerous weapon, aggravated assault and battery, and disrupting an emergency telephone call. In an unpublished decision, the court decided to reverse the convictions and remand the case to the District Court of McClain County with instructions to dismiss the case. Ball's appeal raised several issues, particularly regarding the state's jurisdiction to prosecute him. He argued that he is an Indian under federal law and that the crimes occurred in Indian Country. The court recognized that these issues required more investigation. They sent the case back to the District Court for an evidentiary hearing to clarify whether Ball was indeed an Indian and whether the crimes took place in Indian Country. Both sides later agreed on a stipulation about the facts related to these questions. The District Court found that Ball had enough Indian blood and was recognized as an Indian by his tribe. It also determined that the crime happened on a reservation, meaning the State of Oklahoma had no jurisdiction to prosecute him for these crimes. The court ruled that Ball had proven his status and the location of the crimes, leading to the decision that the state could not prosecute him in this situation. The court decided that because of this finding, it did not need to address other claims raised by Ball and sent the case back to the lower court to dismiss it. Overall, the court recognized that Ball's rights under federal law regarding his Indian status and the location of the crime played a significant role in the outcome of the appeal.

F-2017-991

Post author:Staff
Post published:May 27, 2021
Post category:F

In OCCA case No. F-2017-991, Laurie Jean Martin appealed her conviction for Misdemeanor Manslaughter in the First Degree. In an unpublished decision, the court decided that the State of Oklahoma did not have jurisdiction to prosecute her because she is a member of the Choctaw Nation and the crime occurred within the boundaries of the Chickasaw Reservation. The court reversed Martin’s conviction and remanded the case with instructions to dismiss it.

F-2017-1294

Post author:Staff
Post published:May 6, 2021
Post category:F

In OCCA case No. F-2017-1294, #1 appealed his conviction for #2. In an unpublished decision, the court decided #3. #4 dissented. The case involved Terrance Lucas Cottingham, who was found guilty of robbery with a dangerous weapon after having been previously convicted of two or more felonies. The conviction took place in the District Court of Washington County, where he was sentenced to 25 years in prison. He would have to serve 85% of his sentence before being eligible for parole. Cottingham argued that the court did not have the right to prosecute him because of his status as a member of the Osage Nation and because the crime occurred in what he believed to be Indian Country, specifically the Cherokee Nation's boundaries. He cited a federal law and a Supreme Court decision, McGirt v. Oklahoma, to support his argument. The Oklahoma Court of Criminal Appeals decided to send Cottingham's case back to the lower court for a hearing to examine his Indian status and the location of the robbery. They said that Cottingham needed to show that he had Indian blood and was recognized as an Indian by the tribe or by the federal government. If he could prove this, then it would be up to the state to show that it had jurisdiction to prosecute him. During the hearing, Cottingham and the Cherokee Nation agreed on certain facts. They confirmed that he had a degree of Indian blood and was a member of the Osage Nation at the time of the robbery. They also agreed that the robbery happened within the geographic area defined by treaties establishing the Cherokee Nation. The court found that Cottingham was indeed a member of the Osage Nation and that the robbery occurred in Indian Country based on their analysis of the law and treaties. This evidence showed that the state of Oklahoma did not have the legal right to prosecute Cottingham for the crime. The appeals court ultimately agreed with the findings of the lower court and concluded that Oklahoma did not have jurisdiction over the case. Therefore, they reversed Cottingham's conviction and instructed the District Court to dismiss the case. In summary, Cottingham's conviction was undone because it was determined that he was an Indian and that the crime took place in Indian Country. Consequently, the state court did not have the authority to prosecute him.

F-2019-196

Post author:Staff
Post published:April 29, 2021
Post category:F

In OCCA case No. F-2019-196, Dakota Shay Fox appealed his conviction for Murder in the First Degree. In a published decision, the court decided that the State of Oklahoma did not have jurisdiction to prosecute Fox, and therefore, the case was reversed and remanded with instructions to dismiss. One judge dissented.

F-2017-1000

Post author:Staff
Post published:April 29, 2021
Post category:F

In OCCA case No. F-2017-1000, Sonny Raye McCombs appealed his conviction for several crimes including robbery, using a vehicle in a crime, possessing a firearm, larceny, and obstructing an officer. In an unpublished decision, the court decided to reverse the convictions and dismiss the case. McCombs argued that the court did not have jurisdiction over his case because he is a member of the Muscogee (Creek) Nation and the crimes happened on Native American land, which is called Indian Country. The court agreed that the State of Oklahoma could not prosecute him for these crimes because of the legal rulings made in earlier cases regarding Indian rights and territories. The majority of the judges emphasized that the crimes took place in areas still recognized as part of Indian Country, leading to the conclusion that the state lacked the authority to prosecute him. One judge dissented, expressing concerns over the majority opinion and its implications for federal and state law relationship.

F-2017-357

Post author:Staff
Post published:April 29, 2021
Post category:F

In OCCA case No. F-2017-357, Shawn Lee McDaniel appealed his conviction for First Degree Murder. In an unpublished decision, the court decided to vacate the judgment and sentence, remanding the matter with instructions to dismiss. The main issue in this case was whether the victim was considered an Indian under federal law and whether the crime took place in Indian country, which is defined as land within the boundaries of Indian reservations. Both questions were answered affirmatively. The court looked to a previous case, McGirt v. Oklahoma, which established that certain lands in Oklahoma were still recognized as Indian reservations under federal law. McDaniel’s appeal was based on the fact that the murder occurred within the historic boundaries of the Cherokee Nation and that the victim was a recognized member of the Cherokee Nation at the time of his death. The court remanded the case to a lower court, which found that both of these conditions were true, meaning federal, not state, authorities had jurisdiction over the case. The court’s decision concluded that since the crime fell under the federal jurisdiction, the state of Oklahoma did not have the authority to prosecute McDaniel. Consequently, the judgement was vacated, and the matter was directed to be dismissed. While most judges agreed with the results, there were dissenting opinions which expressed concern and highlighted issues within the majority opinion, particularly regarding its adherence to historical precedents and the implications of McGirt's ruling.

F-2018-830

Post author:Staff
Post published:April 8, 2021
Post category:F

In OCCA case No. F-2018-830, Charles Michael Cooper appealed his conviction for First Degree Murder, First Degree Arson, First Degree Burglary, and Second Degree Rape by Instrumentation. In an unpublished decision, the court decided that the State of Oklahoma did not have jurisdiction to prosecute Cooper because he is an enrolled member of the Chickasaw Nation and the crimes occurred within the boundaries of the Chickasaw Nation Reservation. The judgment and sentence were vacated, and the matter was remanded with instructions to dismiss the case. A Judge dissented regarding the conclusion about the Chickasaw Reservation's status.

F-2017-336

Post author:Staff
Post published:April 8, 2021
Post category:F

In OCCA case No. F-2017-336, Bea Ann Epperson appealed her conviction for two counts of Embezzlement of Building Trust. In an unpublished decision, the court decided to reverse her convictions and remand the case with instructions to dismiss. One judge dissented. Bea Ann Epperson was found guilty in a trial without a jury for embezzling money related to a building trust. She was sentenced to five years in prison for each count, but her sentences were suspended, meaning she wouldn’t serve time unless she violated certain conditions. Epperson believed that the court did not have the right to try her case because she is a member of the Cherokee Nation, and the victims might be part of the Creek Nation, with the crimes happening on Creek Reservation land. This argument was connected to a U.S. Supreme Court decision called McGirt v. Oklahoma, which deals with whether certain areas are considered Indian Country. The questions involved were Epperson's Indian status, the status of the victims, and the location of the crimes. Because these questions needed more fact-finding, the case was sent back to the District Court. At a hearing to gather more details, it was determined that Epperson had some Indian blood (3/64th degree) and was recognized as a member of the Cherokee Nation. It was also confirmed that the crimes took place within the boundaries of the Creek Reservation. The court accepted these agreements made by both sides regarding what the evidence would show. In a later brief, the State supported the District Court’s findings, but wanted time to consider whether to file new charges against Epperson. After reviewing everything, the court agreed Epperson had shown she was an Indian and that the crimes happened in Indian Country, thus the State of Oklahoma did not have the right to try her. The court reversed the judgment of Epperson's convictions and sent the case back to be dismissed, meaning she wouldn't face charges for the embezzlement anymore.

F-2017-889

Post author:Staff
Post published:April 1, 2021
Post category:F

In OCCA case No. F-2017-889, Joseph Stanley Harjo appealed his conviction for Child Sexual Abuse. In a published decision, the court decided to reverse the conviction and remand the case to the District Court of Muskogee County with instructions to dismiss. One judge dissented. Harjo was convicted in a trial where the jury sentenced him to life imprisonment. He argued that the court did not have the right to try him because he is a member of the Creek Nation, and the crime occurred within the Creek Reservation. This raised important questions about whether he is legally recognized as an Indian and if the crime took place on tribal land. The case was sent back to the District Court for a fact-finding hearing, where it was determined that Harjo is 1/4 Indian blood, a member of the Muscogee (Creek) Nation, and that the crime took place within the jurisdiction of the tribe. Both parties agreed on these facts, leading the District Court to conclude that the state did not have the authority to prosecute Harjo. After careful review of the case and the findings from the evidentiary hearing, the court determined that Harjo was indeed an Indian under federal law, and the crime occurred in Indian Country. Therefore, the state had no jurisdiction over the case. The court reversed the judgment and sent the case back to be dismissed.

RE-2019-850

Post author:Staff
Post published:March 25, 2021
Post category:RE

In OCCA case No. RE-2019-850, Jade Christian Nichols appealed his conviction for the revocation of his suspended sentence. In a published decision, the court decided to reverse the order revoking four years of Appellant's suspended judgment and sentence and remanded the case for a new hearing before a different judge. One judge dissented.

F-2017-1186

Post author:Staff
Post published:March 18, 2021
Post category:F

In OCCA case No. F-2017-1186, Shannon James Kepler appealed his conviction for First Degree Manslaughter. In a published decision, the court decided that the State of Oklahoma did not have jurisdiction to prosecute Kepler. The court found that he is an Indian and that the crime happened within the boundaries of the Muscogee Creek Nation Reservation. Therefore, the court granted his appeal and vacated the conviction. One judge dissented.

F-2019-369

Post author:Staff
Post published:March 4, 2021
Post category:F

In OCCA case No. F-2019-369, Collins appealed his conviction for assault with a dangerous weapon. In a published decision, the court decided to affirm the conviction and sentence of twenty-five years imprisonment but vacated and remanded the restitution and fees due to errors in their assessment. One judge dissented. Joseph Willis Collins was found guilty by a jury for committing assault with a dangerous weapon. He faced this trial in Comanche County where he was sentenced to spend twenty-five years in prison and was ordered to pay restitution and court costs. Collins claimed that several things went wrong during his trial that justified overturning his conviction. First, Collins argued that when he asked police if he could go back downstairs, it meant he wanted to stop talking to them, and police should have immediately respected that request. He believed this request was an important part of his rights, which should not have been pushed aside during the questioning. However, the court decided that even though admitting his statements without considering his right not to speak was a mistake, it was not significant enough to change the outcome of the case because there was a lot of clear evidence proving he was guilty. Next, Collins argued that some embarrassing information from his cellphone should not have been used against him during the trial. He thought that this evidence made it hard for him to get a fair trial because it focused on his relationships in a negative way. However, the court did not find this evidence to be unfairly prejudicial, as it was used to help explain details relevant to the case. Collins also believed that his lawyer did not competently defend him, especially regarding the use of the testimony linked to the cellphone and the earlier statements made to police after he asked to stop being questioned. The court looked at all these claims and found that there were no significant mistakes made by Collins’s lawyer that affected the trial's outcome. The other issues Collins raised were about financial matters from his sentencing. Collins was ordered to pay $7,504 in restitution for the victim’s losses, but the court admitted this amount wasn't properly justified, so they decided it should be determined again. The court also acknowledged a mistake in charging Collins a $1,500 indigent defense fee instead of the maximum allowed of $1,000. There was also a dispute about the juror fees that Collins thought were incorrectly calculated, but since he did not raise this objection during the trial, the court decided not to change this part of the decision. In the end, the court upheld the conviction and the lengthy sentence Collins received. They ordered the lower court to redo the calculations for restitution and the indigent defense fee to comply with the law and ensure a fair process. The judgment of conviction and the twenty-five-year prison sentence were upheld, while the restitution and indigent fees were vacated and remanded for further action.

F-2018-336

Post author:Staff
Post published:January 21, 2021
Post category:F

In OCCA case No. F-2018-336, Donnie Graham appealed his conviction for first degree rape. In an unpublished decision, the court decided to modify his sentence to include three years of post-imprisonment community supervision but otherwise affirmed the conviction. One judge dissented. The case began when Donnie Graham was found guilty of first degree rape after a jury trial. He was sentenced to fifteen years in prison and a fine. The case was heard in the District Court of Comanche County. Graham's main argument was about his right to have effective legal help during his trial. He claimed that his lawyer did not investigate earlier rape claims made by the victim and did not present evidence that could have proved those claims were false. He insisted that because of his lawyer's mistakes, he did not get a fair trial. The court looked closely at this claim. They first checked if Graham’s lawyer did not do their job properly according to professional standards. They needed to see if the lawyer's performance was bad enough to have affected the trial's outcome. After reviewing everything, the court decided that Graham did not show enough proof that his lawyer was ineffective. They denied Graham's request for a hearing to further examine his claims. Overall, the court changed his sentence to include three years of supervision after his prison time but upheld the decision regarding his guilt.