Appellant

F 2003-443

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In OCCA case No. F 2003-443, Kenneth Linn Walker appealed his conviction for multiple serious crimes, including thirteen counts of First Degree Rape and nine counts of Forcible Oral Sodomy, among others. In an unpublished decision, the court decided to affirm most of the convictions but reversed one count related to Sexual Exploitation of a Child. One judge dissented. Walker was found guilty after a jury trial held in Oklahoma County. The judge sentenced him to a total of 300 years in prison. Walker raised several arguments in his appeal. First, he claimed that the court did not have the power to charge him because some of the accusations were too old and past the legal time limits for prosecution. The court decided that most of the charges were filed on time, but the one charge related to Sexual Exploitation of a Child was not. Walker also argued that he did not have enough time to prepare a proper defense and that he was not given a fair trial because some evidence was kept from him. However, the court found that the requirements for the charges were clear enough that he could adequately prepare for his defense. Regarding the evidence presented, Walkers’ lawyers contended that the witness testimonies should not have been enough to convict him. Nonetheless, the court ruled that the testimonies were credible and strong enough to support the convictions. In summary, the court upheld the majority of Walker's convictions but found that one charge was incorrectly handled because the legal time limit had passed. As a result, they reversed that specific charge while keeping the rest of the convictions intact.

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J-2003-1180

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In OCCA case No. J-2003-1180, T.C.S. appealed his conviction for second-degree burglary. In an unpublished decision, the court decided to reverse the District Court's decision and remand the case for a new trial. One judge dissented. T.C.S. was found to be delinquent after a hearing where he was accused of committing burglary when he was 16 years old. The court looked at evidence and decided that the testimony from an accomplice needed to be supported by more evidence to connect T.C.S. to the crime. Since the only supporting evidence showed that T.C.S. was in the same place as the accomplice later that night, it was not enough to prove he committed the burglary. The judges agreed that for a conviction based on an accomplice's testimony, there must be more proof that ties the defendant to the crime. As such, since this was not met, the judges reversed the earlier decision and said T.C.S. deserves a new trial.

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F-2003-505

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In OCCA case No. F-2003-505, the appellant appealed his conviction for Maintaining a Place for Keeping/Selling Controlled Substances. In an unpublished decision, the court decided that a new trial was required because the jury was not properly instructed about the elements necessary for a felony conviction. The appellant argued that the jury was not asked whether he knowingly or intentionally maintained a place for keeping controlled substances, which was important for the severity of the penalty. Thus, the decision to impose a five-year prison sentence and a fine of $10,000 exceeded what the law allowed. Therefore, the court reversed the appellant's conviction and sent the case back for a new trial. One judge dissented from this decision.

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F 2003-1036

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In OCCA case No. F 2003-1036, Mark Anthony Troutt appealed his conviction for Distribution of Controlled Dangerous Substance (Cocaine). In a published decision, the court decided to reverse his conviction and remand the case for a new trial. One judge dissented. Mark Anthony Troutt was tried and found guilty of distributing cocaine, which is a serious crime. The trial took place in the Oklahoma County District Court. During the trial, Troutt's lawyers argued that he did not receive a fair trial because the judge did not let the jury hear about his defense, which was based on entrapment. Entrapment means that someone was tricked into committing a crime they wouldn’t have done otherwise. The jury decided that Troutt was guilty and gave him a punishment of fifteen years in prison. Troutt did not agree with the decision and decided to appeal, which means he wanted a higher court to review the case. In the appeal, Troutt's lawyers pointed out three main problems with the trial. First, they said the trial judge should have allowed the jury to hear about his defense of entrapment. They believed this was important because the jury needed to decide for themselves if Troutt had been tricked into committing the crime. Second, they claimed that some of the evidence presented during the trial was not relevant and could have unfairly influenced the jury. Third, they argued that together, all these issues made it impossible for Troutt to get a fair trial. After reviewing everything, the court agreed that Troutt had been denied a fair trial. They ruled that the judge's refusal to let the jury consider his entrapment defense was a significant mistake. Because of this, the court decided to reverse Troutt's conviction and ordered a new trial where the jury could properly consider all the evidence, including his defense. The case highlights the importance of a fair legal process and the right for a defendant to have a jury hear their side of the story.

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M-2003-495

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In OCCA case No. M-2003-495, a person appealed his conviction for Assault and Battery. In a published decision, the court decided to affirm the conviction but noted that there was a mistake in calculating the court costs. The appellant claimed that the court costs were too high and asked to have them changed. The state agreed that an error was made in the amount of costs. The court ordered that the case be sent back to the District Court to fix the court costs. The appellant also argued that the prosecutor did things that were unfair during the trial, but the court found no reasons to change the verdict since there weren’t any objections during the trial. Therefore, the judgment and sentence were upheld.

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RE-2003-86 and RE-2003-87

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In OCCA case No. RE-2003-86 and RE-2003-87, Christi Marie Farris appealed her conviction for the revocation of her suspended sentences. In a published decision, the court decided to affirm the revocation but remanded the case to the district court to order that the sentences be served concurrently. One judge dissented.

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F 2002-1481

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In OCCA case No. F 2002-1481, Anthony John Hathcock appealed his conviction for Omitting To Provide For Minor Child. In a published decision, the court decided to reverse and remand the case for a new acceleration hearing. One judge dissented. Here's what happened: Hathcock pled no contest to the charges in November 2001 and was given a five-year deferred sentence. This means he didn't go to prison right away but had to follow certain rules, like paying child support. He was supposed to pay $100 a month for current support and catch up on a larger amount he owed. However, the State said he failed to make these payments and asked the court to speed up his sentence, which was called accelerating the sentence. A hearing took place in June 2002 where Hathcock represented himself, meaning he didn't have a lawyer. The judge decided that Hathcock broke the rules of his deferred sentence and sentenced him to one year in prison. Hathcock then appealed this decision, saying three main things. First, he claimed he didn’t effectively waive his right to have a lawyer. Second, he argued that the State didn't provide good evidence to justify speeding up his sentence. Third, he pointed out that it was unclear what his new sentence was supposed to be. The court looked at these claims during the appeal. They agreed with Hathcock that he did not properly waive his right to a lawyer and that this was an important issue. Because of this, the court decided to reverse the earlier decision and send it back to the lower court for a new hearing, ensuring that Hathcock would have legal representation this time. Overall, the court's order was that Hathcock's sentence acceleration was not valid as he was not given proper legal help during the initial proceedings.

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M-2003-513

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In OCCA case No. M-2003-513, the appellant appealed her conviction for resisting an officer and possession of marijuana. In an unpublished decision, the court decided to affirm the convictions but modify the fine for possession of marijuana. One judge dissented. The appellant was found guilty by a jury for two charges: resisting an officer and possession of marijuana. The incident happened when a truck driver reported a car driving erratically on a highway. When officers arrived, they found the appellant behind the wheel, showing signs of intoxication with the smell of alcohol and marijuana. Initially, the appellant was compliant, but she soon became aggressive and refused to cooperate with the officers. When they tried to arrest her, a struggle ensued, and the appellant physically fought with the officers. After getting her under control, the officers conducted a search of her vehicle and found marijuana. Later, while being booked at the jail, they discovered she had a marijuana cigarette in her pocket. The appellant believed her sentence of twenty months for the crimes was too harsh. She requested that they serve her sentences at the same time instead of one after the other. However, the court found that the sentences were reasonable and did not shock their conscience, so they decided to keep them consecutive. However, they agreed with the appellant that a fine of $1,000 imposed by the trial court was too high, as it exceeded what the law allowed. The maximum fine for the possession charge was actually $500 according to the law, so they reduced her fine to this amount. In summary, while the court upheld the appellant's conviction and the overall punishment, they made a small change to the fine amount.

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F-2002-1470

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In OCCA case No. F-2002-1470, Wafford appealed his conviction for several crimes. In a published decision, the court decided to affirm part of the convictions and reverse one of them. One judge dissented. Michael Orlando Wafford was found guilty by a jury of trafficking in illegal drugs, possession of a firearm while committing a felony, possession of a controlled dangerous substance with intent to distribute, and concealing stolen property. The jury gave him a total of fifty-five years in prison for these crimes. There were several issues that Wafford raised in his appeal. First, he argued that there wasn’t enough evidence to support his conviction for possessing a gun while committing a felony and that the evidence for trafficking was also weak. The court, however, found that the evidence was enough to show that Wafford had control over the drugs found and that there was a connection between the gun and the drug crimes. Next, Wafford pointed out that it was unfair to charge him with two different crimes because of the same gun. The court agreed, sending back instructions to dismiss the conviction for concealing stolen property since it stemmed from the same act of having the gun. Wafford also claimed that some evidence during the trial was unfair to him and that he did not get a fair trial because of it. The court found that the objections raised did not significantly affect the outcome of the trial. Overall, the court upheld the conviction for trafficking and the possession of a firearm while committing a felony, concluding that the evidence supported those charges. However, they also ruled that Wafford's conviction for concealing stolen property was not valid and ordered it to be dismissed.

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RE-2002-1077

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In OCCA case No. RE-2002-1077, Tracy Allen Mitchon appealed his conviction for revocation of a suspended sentence. In an unpublished decision, the court decided to reverse the revocation and send the case back to the District Court to correct the written order regarding the time Mitchon had already served. One judge dissented.

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RE 2002-1124

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In OCCA case No. RE 2002-1124, Earnest Williams appealed his conviction for violating the terms of his suspended sentences. In a published decision, the court decided to affirm the revocation of his suspended sentences in three cases but vacated the revocation of one case because it was found that the court did not have the authority to revoke that particular sentence. One judge dissented on part of the decision.

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F-2002-537

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In OCCA case No. F-2002-537, Andre Lasuan Marshall appealed his conviction for several offenses including shooting with intent to kill. In an unpublished decision, the court decided to reverse one of the charges and affirm the others. One judge dissented. The case began when Marshall was charged with multiple counts, including three counts of shooting with intent to kill, one count of entering a building with unlawful intent, and one count of possession of a firearm after being convicted of a felony. A jury found him guilty on most counts after the trial. He received sentences that the jury recommended, which were to be served at the same time, except for one count. Marshall raised several points for appeal. He argued that the evidence wasn’t strong enough to prove he shot someone with the intent to kill. He also said that the jury should not have been instructed on a lesser charge, that his convictions for possessing a firearm and shooting someone should not count separately, and that some police testimony about gang colors was unfair to him. Marshall believed that the evidence didn’t support one of the building charges and that the jury wasn't given all the necessary instructions. He mentioned that there were problems with what the prosecutor said during the trial and that all of these issues together should lead to his convictions being reversed or his sentences being changed. After reviewing everything, the court agreed some points raised were valid. They decided that Marshall did run from the scene after the shooting and that the evidence showed he was likely the shooter. They did find, however, that it was a mistake to instruct the jury about the lesser charge without a request from the state. Therefore, they reversed that particular conviction related to the shooting but upheld the others. The court concluded that while they were reversing one conviction, the remaining charges were upheld, and Marshall would continue serving his other sentences. One judge disagreed with how the reversal was handled, believing that if a new trial was warranted, it shouldn’t just overturn the charge outright but should instead allow for reconsideration by a jury. So, that’s a summary of the case and what the court decided.

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RE 2002-1245

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In OCCA case No. RE 2002-1245, the appellant appealed his conviction for robbery with a weapon and conspiracy. In a published decision, the court decided to affirm the revocation of the appellant's suspended sentence but modify the sentence for conspiracy to ten years. One judge dissented.

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M-2002-1146

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In OCCA case No. M-2002-1146, Michael Lee Vickery appealed his conviction for unlawful possession of marijuana, possession of paraphernalia, and driving under suspension. In a published decision, the court decided to affirm the convictions but modified the sentences to three months of incarceration, giving credit for time served. One judge dissented regarding the modification.

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F 2000-321

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In OCCA case No. F 2000-321, Lourinda (Givens) Leggett appealed her conviction for First Degree Manslaughter. In an unpublished decision, the court decided to reverse her conviction and remand the case for a new trial. One judge dissented. Lourinda (Givens) Leggett was found guilty of First Degree Manslaughter by a jury. She was given a 28-year prison sentence, with 15 years suspended. Afterward, she filed a motion for a new trial, which was denied. On appeal, she raised two main errors. First, she argued that her lawyer should have presented evidence about battered woman syndrome, which could have helped her defense. Second, she claimed that the jury received confusing instructions regarding different defenses, which affected the trial's fairness. The court looked carefully at the case, including records and arguments from both sides. They agreed with Lourinda that her lawyer’s decision not to call an expert on battered woman syndrome was not a good choice and had negatively affected her defense. They believed that this choice made it hard to trust the jury's decision. Therefore, they reversed the trial court's decision and ordered a new trial. Since the court found merit in the first point raised by Lourinda, they didn't need to address the second error she mentioned. The court’s decision meant that Lourinda would get another chance in court to present her case.

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F 2002-532

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In OCCA case No. F 2002-532, James Jermaine Woodfork appealed his conviction for multiple crimes, including Kidnapping, Assault and Battery with a Dangerous Weapon, Domestic Abuse, and other offenses. In a published decision, the court decided to uphold some of his convictions while reversing others and sending them back to the District Court for dismissal. One member of the court dissented. Woodfork had been found guilty of various charges after a jury trial. He received significant sentences for his convictions, including 25 years for Kidnapping and 30 years for Assault and Battery with a Dangerous Weapon. However, he raised concerns about double jeopardy, arguing that his multiple convictions for similar offenses involving different victims should not have occurred. The court agreed with him on some counts and reversed those convictions. Additionally, the court examined claims of trial errors and prosecutorial misconduct. Even though the prosecutor made some inappropriate comments during the trial, the court concluded that these did not significantly affect the overall fairness of the trial or the jury's decision, so they did not lead to a reversal of the sentence. In summary, some of Woodfork's convictions were upheld, while others were reversed, and he was given a chance for those to be dismissed. This case highlights important legal principles about multiple charges and the rights of defendants in a criminal trial.

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F-2002-492

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In OCCA case No. F-2002-492, Scott Lee Fox appealed his conviction for multiple crimes, including Assault and Battery with Intent to Kill and Injury to a Minor Child. In a published decision, the court decided to affirm most of the convictions and sentences, but reversed and dismissed the conviction for Injury to a Minor Child. One judge dissented.

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F-2002-108

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In OCCA case No. F-2002-108, Ricky Dion Bruner appealed his conviction for multiple crimes. In an unpublished decision, the court decided to reverse two of his kidnapping convictions but affirmed the rest of his sentences. One judge dissented. Ricky Dion Bruner was found guilty of serious crimes, including robbery, assault with a deadly weapon, kidnapping, and rape. A jury decided his punishment, giving him life in prison for several charges and various other sentences for the remaining counts. However, when Bruner appealed, he argued that some of these convictions shouldn't have happened because they violated rules against being tried for the same crime twice and that the evidence didn’t support some of the charges. The court examined these arguments. They agreed that Bruner shouldn’t have been convicted of both kidnapping and robbery in two cases because they happened during the same event and were too closely related. Therefore, they reversed those two kidnapping charges. However, they found enough evidence to support his other convictions, deciding that the jury could have reasonably reached those conclusions. Regarding his sentences, though they were harsh, the court determined they were not so extreme as to be unfair or against the law. So, they upheld most of his sentences but made sure that the two kidnapping convictions were dismissed and sent the matter back to the lower court for further actions.

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F-2001-1514

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In OCCA case No. F-2001-1514, Montain Lamont Maxwell appealed his conviction for Robbery with Firearms. In an unpublished decision, the court decided to reverse the conviction and remand for a new trial. One judge dissented. Montain Lamont Maxwell was tried by a jury and found guilty of robbery using a firearm. The jury decided he should be sentenced to 20 years in prison. Afterwards, he appealed his conviction, saying there were problems during his trial. First, Maxwell claimed the prosecution said things that made it seem like he was guilty for not speaking up during the trial. This goes against his right to remain silent, a protection given by the U.S. Constitution. He argued that the prosecutor asked improper questions and made unfair comments about his silence before and after his arrest. Second, Maxwell said the way he was identified as the robber wasn't reliable, and he argued that the trial court should have told the jury to be careful about believing eyewitness accounts. He also argued that there wasn’t enough evidence to prove he committed the robbery with a dangerous weapon. Finally, Maxwell said his lawyer didn’t help him enough during the trial, which violated his rights. The court took a close look at all the problems raised by Maxwell. They found that the prosecution had indeed made mistakes regarding his right to stay quiet. They commented unfairly about his silence, which might have led the jury to think he was hiding something. The court also noted that the evidence against Maxwell came down to conflicting stories between him and the victim. The jury had a hard time reaching a decision and sent many notes during their deliberation. Because of the unfair treatment regarding his silence and the lack of a proper defense from his lawyer, the court decided these issues were serious enough that they couldn't ignore them. In the end, the court reversed Maxwell's conviction and ordered a new trial to make sure he gets a fair chance to defend himself.

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F-2001-1444

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In OCCA case No. F-2001-1444, the appellant appealed his conviction for Driving Under the Influence of Alcohol (2nd offense) and Driving While Privilege Suspended. In an unpublished decision, the court decided to reverse the conviction for Driving Under the Influence and ordered a new trial with proper instructions. The judgment for Driving While Privilege Suspended was affirmed. One judge dissented.

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F 2001-1497

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In OCCA case No. F 2001-1497, Michael Keith Brock appealed his conviction for multiple drug-related offenses. In a published decision, the court decided to reverse his conviction for one count but affirmed the convictions for the other counts. One judge dissented. Michael Brock was found guilty after a jury trial on several counts including manufacturing methamphetamine and trafficking illegal drugs. The court sentenced him to a total of 40 years in prison and fines totaling $185,000. He appealed the decision, raising multiple issues regarding the legality of his search and seizure, his treatment in court, and the sufficiency of the evidence against him. The court reviewed several arguments from Brock. He claimed that the search was unreasonable and violated his rights, and he argued that he should not have been brought before the jury in jail clothes. He also contended that the affidavit for the search warrant did not give enough reason for the police to search him and that the search of a person not named in the warrant was illegal. The court found that Brock did not properly object to many of the issues he raised during the trial. It ruled that the search and seizure were valid and did not violate his rights. They determined that wearing jail clothing did not prejudice him during his trial. While the court agreed that one of the charges—possession of a precursor substance—was incorrectly charged and reversed that conviction, they upheld the remaining convictions. Ultimately, the decision led to the reversal of one count against Michael Brock while affirming the rest of his convictions.

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F-2002-493

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In OCCA case No. F-2002-493, Donnell E. Williams appealed his conviction for second-degree burglary and knowingly concealing stolen property. In a published decision, the court decided to affirm the judgments but modify the sentences to be served concurrently instead of consecutively. One judge dissented. Williams was found guilty by a jury of breaking into a place that was not his and hiding things that were stolen. The jury recommended a punishment of twenty-five years in prison for each count, with the need to serve all the punishment one after the other. Williams argued several points in his appeal. First, he said that the court did not tell the jury they could consider that he might have had permission to enter the property. Second, he thought the jury should have been told about a lesser crime than burglary. Third, he claimed that the way the prosecutor spoke during the trial was unfair and hurt his chances for a fair trial. Fourth, he felt that his twenty-five-year sentences were too long. Finally, he believed that all the mistakes made during the trial, when added together, meant he did not have a fair chance in court. After looking at everything in the case, the court found that Williams's points for appeal did not require them to change the jury's decision on his guilt. They agreed that the jury did not need information on asking if he had consent or the lesser charge since there was no strong evidence to support his claims. They also concluded that the prosecutor's actions did not prevent Williams from getting a fair trial because there was strong evidence against him. However, the court felt that making Williams serve his sentences one after the other was too severe, especially because he was living in a vacant house and facing challenges like being homeless and struggling with substance use. They decided that twenty-five years was enough time for him to pay for what he did and get the help he might need. In short, the court kept his convictions but changed his sentence so that he would serve his time together rather than separately. This way, he would have a better chance to start again after serving his time. One judge disagreed with the decision to change the sentences to run together, believing the original decision by the trial court was correct given Williams's history of prior convictions.

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F-2002-356

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In OCCA case No. F-2002-356, Heidi Renee Pitt appealed her conviction for Unlawful Possession of Methamphetamine. In an unpublished decision, the court decided to reverse her conviction. One judge dissented. Heidi Pitt was found guilty by a jury of having methamphetamine. The event took place in Pushmataha County, where she had been sentenced to two years in prison, with the first six months to be served. However, she appealed this decision, arguing that there wasn't enough evidence to prove she was guilty beyond a reasonable doubt. During the trial, the state did not provide any proof that Heidi knew about the drugs or had control over them. The drugs were actually discovered when her co-defendant threw them on the ground during his arrest. Because there was no indication that Heidi had any knowledge of or control over the drugs, the court found that the evidence was not enough to support her conviction. After looking at all the evidence, the court decided that Heidi's conviction should be overturned and sent back to the lower court with instructions to dismiss the case. One judge disagreed and felt there was enough evidence to support Heidi's conviction.

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F 2002-175

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In OCCA case No. F 2002-175, James Dale Vaughn appealed his conviction for Trafficking Methamphetamine. In an unpublished decision, the court decided to affirm the convictions but modified the sentence for one of the counts. One judge dissented. Vaughn was found guilty of several charges after a police search of his home revealed drugs and a firearm. The police had a search warrant based on information from a confidential informant who claimed Vaughn was selling methamphetamine. During the search, officers discovered methamphetamine in various amounts, drug paraphernalia, and a firearm. Vaughn argued that the search warrant was improperly issued because it relied on hearsay from the informant that was not verified. The court found that there was enough information to justify the warrant and allowed the evidence found during the search to be admitted in court. Additionally, Vaughn claimed the trial court should have required the state to reveal the informant's identity. However, the court decided that the informant's identity was not relevant to Vaughn's defense, and so did not need to be disclosed. Finally, Vaughn argued that the jury was not properly instructed on the possible punishment for one of his charges. The court agreed that the instruction was incorrect and reduced the sentence for that particular charge, while upholding the convictions for the other charges. Thus, the overall decision allowed the convictions to stand, but changed the punishment for one count.

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F 2002-101

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In OCCA case No. F 2002-101, Danny Joe Boomershine appealed his conviction for Forcible Sodomy and Rape by Instrumentation. In an unpublished decision, the court decided to affirm his convictions but modified the sentences to run concurrently instead of consecutively. One judge dissented, suggesting that the sentences should be modified to life.

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