Appellees

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hearing, a judge decided that two defendants, Miers and Gregoire, should not be charged with murder because they had withdrawn from the conspiracy before McNulty’s death.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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S-2013-509

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In OCCA case No. S-2013-509, Julio Juarez Ramos and Isidro Juarez Ramos appealed their convictions for first-degree murder. In a published decision, the court decided to affirm the district court's ruling granting the Appellees immunity from prosecution under Oklahoma's Stand Your Ground law. #1 dissented.

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S-2013-695

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In OCCA case No. S-2013-694, Fred A. Green appealed his conviction for kidnapping and first-degree burglary. In an unpublished decision, the court decided to affirm the dismissal of the charges against him and his co-defendants, Ronald Krushe and Christopher Thornburg. One judge dissented. The case began when Green, Krushe, and Thornburg were charged after they went to a home to arrest two individuals, Billy and Pam Jones, for breaching their bail bond. They entered the home without permission and removed the Joneses, leading to their arrest. However, the court found that since Green, Krushe, and Thornburg were acting as bail bondsmen with the legal authority to arrest, they did not commit the crimes of burglary or kidnapping. The state argued that their actions were unlawful since they entered the home with the intent to kidnap. However, the court determined that the bondsmen acted within their rights, resulting in the dismissal of charges.

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S-2012-553

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In OCCA case No. S-2012-553, Armstrong appealed his conviction for unlawful drug possession and distribution. In a published decision, the court decided to affirm the ruling that evidence obtained during a search of a vehicle occupied by Armstrong and Johnson should be suppressed. Johnson dissented. The case started when police met with an informant who said they could buy methamphetamine from Armstrong. The police observed a controlled purchase of drugs and later obtained a search warrant for Armstrong's home. They executed this search warrant a few days later and found Armstrong and Johnson in a car outside his residence, where they discovered several drug-related items. Both Armstrong and Johnson hired the same lawyer and filed motions to suppress the evidence from the car search. The district court agreed with their argument that the police had not executed the search warrant immediately, as the warrant required. Because of this, the court decided the search was not valid. The appeals court looked into whether the district court had made a mistake. They decided that the court did not abuse its discretion and confirmed the lower court's decision to suppress the evidence. This means that the evidence collected during the search could not be used against them in court. The court emphasized that the terms of the warrant were not followed as required. The ruling highlighted the importance of following legal procedures when executing search warrants. In summary, Armstrong's appeal was not successful, and the ruling to suppress the evidence was upheld.

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S-2005-890

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In OCCA case No. S-2005-890, Ryan Layne Short and Victor Suarez Ortuno appealed their conviction for drug-related charges. In an unpublished decision, the court decided to affirm the District Court's dismissal of the case against both defendants. One judge dissented. Ryan Layne Short and Victor Suarez Ortuno were charged with several crimes, including trafficking illegal drugs and other drug-related offenses. On September 1, 2005, the District Court decided to dismiss the charges after finding that the traffic stop that led to the arrests was illegal. This decision went through different hearings, with judges initially disagreeing before ultimately siding with the defendants. The main reason for upholding the dismissal was that the officer lacked sufficient evidence to justify the traffic stop. The court reviewed whether the District Court had made any mistakes in handling the case. They concluded that the court had acted correctly by recognizing that there was no valid reason to stop the vehicle. In summary, the court supported the District Court’s decision to dismiss the case against Short and Ortuno because the initial traffic stop was not lawful. This meant that evidence gathered during that stop could not be used against them. One judge disagreed with this outcome, believing that the case should have been handled differently.

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