F-2005-911
In OCCA case No. F-2005-911, Timothy Griffith appealed his conviction for two counts of Attempted First Degree Rape and eight counts of sexual abuse of a child. In an unpublished decision, the court decided to affirm the convictions and sentences except for one count of attempted first degree rape, which was reversed and dismissed. One judge dissented. Griffith was found guilty of two attempted rapes and eight counts of sexually abusing a child, and he was given a total of 61 years in prison. He argued that both his rights against double jeopardy and his right to a fair trial had been violated, among other claims. The court reviewed each of Griffith's arguments. For the first point, the court found there was enough evidence to support the charges and no violation of double jeopardy. For the second and third points, the court ruled that the prosecutor had the discretion to charge Griffith with attempted rape instead of just intent to commit rape, so the trial was fair. Regarding the case's fourth and fifth points, the court decided that the additional testimonies from adult witnesses and the child's prior statements were allowable and did not greatly harm Griffith's case. The sixth allegation about a medical opinion from a physician assistant was also found not to be a problem since it did not influence the jury's decision directly. On point seven, the court agreed that the judge made a mistake by not letting Griffith fully present his defense. This part was significant because it led to the reversal of one of the counts against him. Finally, the court found that the sentences imposed were not excessive despite the overall situation, and there were no errors that would justify further action. In summary, most of Griffith's arguments were not persuasive to the court, and while some parts of the conviction remained, one count was removed due to the identified error.