Arbitrary Determination Archives

F-2014-1019

Post author:Staff
Post published:February 26, 2016
Post category:F

In OCCA case No. F-2014-1019, Charles Leonard Bennett, III appealed his conviction for Assault and Battery with a Deadly Weapon. In a published decision, the court decided to affirm the judgment of the district court. One judge dissented. Bennett was found guilty after a trial where the judge, not a jury, listened to the case. He received a sentence of fifteen years in prison. Bennett raised several issues on appeal. He first argued that the evidence did not prove he did not act in self-defense. The court found enough evidence that a reasonable person could decide he was guilty beyond a reasonable doubt. This means they believed the victim and the facts presented at the trial supported the conviction. Bennett also wanted to argue other issues that could lead to a new trial. However, he decided to withdraw those arguments and only focus on the issues that might lead to his case being dismissed or his sentence being changed. He signed a document saying he knew what he was doing by waiving those rights. Another issue was about restitution, which is when a person convicted of a crime has to pay the victim for their losses. Bennett contested the court's order for him to pay restitution because the required paperwork showing the victim's losses was not properly presented during the trial. Since no proof of the victim's financial losses was provided, the court agreed that the restitution order was arbitrary and sent the case back to the district court to properly determine the victim's losses. Overall, while Bennett's conviction was upheld, the court required a re-evaluation of the restitution owed to the victim. The case was sent back to the district court for this purpose, but other than that, the court found no significant errors that would change the outcome of the case.

F-2013-994

Post author:Staff
Post published:October 1, 2014
Post category:F

In OCCA case No. F-2013-994, Horace Joe Bigmedicine appealed his conviction for First Degree Burglary, After Former Conviction of Two or More Felonies. In an unpublished decision, the court decided to affirm the Judgment and Sentence of the district court but vacated the order of restitution. One judge dissented. Bigmedicine was found guilty in a trial held in Blaine County and was sentenced to thirty years in prison. He raised two main issues in his appeal. First, he argued that misconduct by the prosecutor unfairly influenced the trial. The court stated that it would only grant relief for prosecutorial misconduct if it was very serious and made the trial unfair. The court found the prosecutor's comments were appropriate and did not make the trial unfair, so they did not grant relief on that issue. Second, Bigmedicine claimed that the court did not properly follow the rules when it ordered him to pay $2,000 in restitution. The court pointed out that Bigmedicine did not object to the restitution at the time, so he could not challenge it later unless there was a serious mistake. The law allows a trial court to require a defendant to pay restitution for the victim's financial losses, but these losses must be proven with reasonable certainty. In Bigmedicine’s case, the evidence about the victim’s financial loss was lacking because the victim did not testify about it, and the necessary documents were not presented in court. Therefore, the court ruled that the restitution order was arbitrary and that it had to be canceled. Ultimately, the court affirmed Bigmedicine's conviction but required that the issue of restitution be looked at again in the lower court to make sure it was handled correctly.