Appellant's Claims Archives

F-2018-626

Post author:Staff
Post published:October 17, 2019
Post category:F

In the case of Carl Douglas Crick, Jr. v. The State of Oklahoma, the Court of Criminal Appeals of Oklahoma reviewed Crick's appeal following a jury trial that found him guilty of multiple counts of sexual offenses, including first degree rape and lewd acts with a child. Crick received life sentences for certain counts, while others received lesser prison terms. The trial court ordered some sentences to run concurrently and others consecutively. Crick's main contention on appeal was that he received ineffective assistance of counsel, specifically citing his attorney's failure to present certain witnesses and to object to improper testimony from a prosecution witness that allegedly vouched for the credibility of the victim. The court applied the standard set forth in Strickland v. Washington, which requires the appellant to show that his counsel’s performance was deficient and that this deficiency prejudiced the outcome of the trial. The court determined that the evidence presented by Crick did not clearly demonstrate a strong possibility that counsel’s performance fell below constitutional standards. As such, Crick's request for an evidentiary hearing to further explore these claims was denied. The court also assessed the claim concerning the prosecution witness's testimony. It concluded that the alleged vouching was not comparable to previous cases that warranted reversal, thus affirming that counsel's choice not to object did not amount to deficiency. Ultimately, the Court of Criminal Appeals affirmed the judgment and sentence of the trial court, indicating that Crick had not established a violation of his right to effective counsel. The decision was issued with a note for the mandate to be ordered upon delivery and filing of the decision.

F-2010-2

Post author:Staff
Post published:July 21, 2011
Post category:F

In OCCA case No. F-2010-2, Clinton Riley Potts appealed his conviction for First Degree Murder. In a published decision, the court decided to reverse the conviction and remand for a new trial. No one dissented. Clinton Riley Potts was found guilty by a jury of murdering Gregory Clark. This happened after Potts learned that Clark was dating his girlfriend. The court sentenced Potts to life in prison without the chance for parole. Potts believed he did not have a fair trial. He thought that the prosecutor did not tell his lawyer important information about a witness. This information could have helped show that the witness was not telling the truth and also could have helped Potts’s case. He also argued that his own lawyer did not do enough to prepare for the trial, did not look into the case properly, and did not bring in important witnesses. After Potts appealed, an evidentiary hearing was held. During this hearing, it was shown that Potts’s lawyer did not investigate the case as well as he should have. They found that the prosecutor had information about a key witness who had received special treatment for testifying at Potts's trial, but they did not share this information with Potts's lawyer. The judge who looked at the evidence agreed that Potts did not receive a fair trial. This finding was important because the judge had also been the one who oversaw Potts's original trial, making him well aware of how the mistakes may have affected the trial's outcome. The court decided that Potts's arguments about unfairness were valid. Since this was the case, they reversed the initial verdict and said that Potts should have a new trial. The decision meant that the earlier trial was not valid anymore, and the court ordered that Potts would get another chance to present his case in a new trial.

F-2004-433

Post author:Staff
Post published:July 15, 2005
Post category:F

In OCCA case No. F-2004-433, the appellant appealed his conviction for Conjoint Robbery and Possession of a Stolen Vehicle. In a published decision, the court decided to modify the sentence for the robbery charge but affirmed the sentence for the stolen vehicle charge. One judge dissented. The case began when the appellant was charged with possessing a stolen vehicle and leaving an accident scene in 2001. Later, he faced a charge for Conjoint Robbery. He initially pleaded no contest to the stolen vehicle charges, which led to a delayed sentencing while he was to complete a rehabilitation program. However, he could not participate in this program due to the new robbery charge. The appellant pleaded no contest to the robbery charge, resulting in concurrent five-year deferred sentences. In 2004, he was accused of a new crime involving a firearm, leading the state to file an application to accelerate his sentences from the previous cases. After entering a stipulation to the violations, he received a five-year sentence for the firearm charge and additional sentences for the previous offenses. On appeal, the appellant argued that his sentences were excessive. While the court upheld the sentences for the stolen vehicle charge, it acknowledged that the sentence for the robbery was too harsh given the circumstances. Therefore, the sentence for the robbery was modified to ten years with five years suspended. The court found that, overall, the sentences were within the legal limits but decided the particular facts called for a reduction in the robbery sentence.