D-2014-153

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In OCCA case No. N 2014-153, Harris appealed his conviction for First Degree Murder. In a published decision, the court affirmed the death sentence, finding sufficient evidence of his crime and rejecting claims of an incomplete trial record. One judge dissented. [occa_caption]

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F-2018-147

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In OCCA case No. F-2018-147, Marcus Dewayne Boyd appealed his conviction for First Degree Murder, Shooting with Intent to Kill, and Possession of a Firearm After Former Conviction of a Felony. In an unpublished decision, the court decided to affirm the judgment and sentences from the trial court. One judge dissented. Marcus Dewayne Boyd was found guilty by a jury of serious crimes, including murder and several counts of shooting at people. The jury decided that he should spend life in prison for the murder, twenty years for each shooting count, and two years for the weapon possession. The judge ordered that these sentences should be served one after the other, meaning Boyd would spend a long time in prison before having a chance for parole. During the appeal, Boyd argued several points, saying that his trial was unfair. He mentioned that it was wrong for the court to allow evidence about his gang affiliation. The court saw that this evidence helped explain why the crimes happened, so they disagreed with Boyd's claim. He also said it was unfair that the prosecutor questioned a witness about her relatives who had been prosecuted. The court agreed that this questioning was okay to show potential bias and did not cause an error. Boyd claimed that the way police showed the lineup of suspects was unfair and could influence witnesses. However, the court found the lineup was appropriate and did not break any rules about how police should conduct lineups. Boyd further argued that the prosecution did not share some evidence that could have helped him in his defense, but the court decided that he did not prove this claim. Boyd also objected to how one of the witnesses, who had a prior conviction, was treated in court. The court stated that having a history of misdemeanors is generally allowed as it can show a witness's credibility. Furthermore, Boyd said he was made to wear a ankle restraint during the trial without a good reason. The court recognized that this was not justified but ultimately decided it did not affect the outcome of the trial significantly. On the point of his lawyer's performance, Boyd claimed his lawyer did not defend him properly and raised many issues that could have been objected to but were not. However, the court noted that there were no errors in the trial that would change the outcome, so the attorney’s actions were acceptable. Finally, Boyd argued that the combination of all these issues made the trial unfair. The court agreed that there was only one area where there was an error, but this alone was not enough to convince them that it affected the jury's decision. In summary, the court found no reason to change the conviction or sentence, agreeing that the trial was mostly fair and that Boyd received appropriate legal representation, despite a few concerns about courtroom procedures.

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F-2018-502

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In OCCA case No. F-2018-502, Randall Patrick Molloy appealed his conviction for Child Abuse by Injury. In an unpublished decision, the court decided to affirm Molloy's conviction. One justice dissented. Molloy was found guilty by a jury in Tulsa County for hurting a child, which is a serious crime. The jury decided he should go to prison for sixteen years and pay a fine of $5,000. However, the judge agreed to lessen his sentence by taking away three years, meaning he would only have to serve thirteen years in prison. Molloy raised two main problems with his trial. First, he argued that he didn't get a fair trial because the state didn't share an agreement with a co-defendant that might have helped his case. Second, he felt that instructions given to the jury were confusing and didn't help them understand the facts related to the co-defendant's earlier statements. The court reviewed all the evidence and listened to the arguments from both sides. They pointed out that for Molloy to get a new trial based on not receiving a fair trial, he had to show that there was a clear mistake that changed how the trial turned out. Ultimately, they found that there were no clear mistakes or errors in the trial. The court noted that the information about the co-defendant was known to Molloy's lawyer during the trial, and therefore, it did not affect the outcome negatively. Regarding the jury instructions, the court also concluded that those instructions did not clearly cause any problems that could change the trial's result. The jury had enough information to make a fair decision about Molloy's guilt based on the evidence presented. In summary, because the court found that there were no serious mistakes during the trial, they decided to uphold the original decision made against Molloy.

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F-2009-535

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In OCCA case No. F-2009-535, Joseph Lander Smith appealed his conviction for Distribution of a Controlled Dangerous Substance (cocaine base). In an unpublished decision, the court decided to modify Smith's sentence from twenty-five years to seventeen years imprisonment. One judge dissented. Joseph Lander Smith was found guilty by a jury for distributing a controlled substance after he had a previous felony conviction. The jury recommended that he be sentenced to twenty-five years in prison, which the judge agreed to, making it run consecutively with another sentence he was already serving. Smith raised several arguments in his appeal. He first claimed that he didn't get a fair trial because the prosecutor didn’t share important information that could have helped his case. The information was about a witness who helped the state. This witness had her own past troubles with the law but the jury was not told about them. Smith argued that this was wrong because it might have changed how the jury viewed that witness's testimony. Next, Smith said it wasn't right for the jury to know about his previous suspended sentence during the trial. He believed that mentioning this past sentence by the prosecutor made the jury biased against him and influenced the punishment they decided on. The jury even had questions about how his past might relate to their decision, which showed they were affected by this information. Smith also argued that his lawyer didn’t do a good job defending him by failing to investigate these issues properly. However, the court thought that the evidence against him was strong and that the errors made during the trial, while present, did not change his guilt. Still, the judge decided that the combination of these errors meant that Smith should not serve the full twenty-five years, so his sentence was reduced to seventeen years instead. Ultimately, the court affirmed Smith's conviction but changed his sentence to make it lighter, acknowledging the mistakes made during the trial without completely overturning the conviction.

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F-2000-335

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In OCCA case No. F-2000-335, Alfred Lee Horn appealed his conviction for three counts of Unlawful Delivery of a Controlled Dangerous Substance, Trafficking in Illegal Drugs, and Cultivation of Marijuana. In an unpublished decision, the court decided to affirm the judgments but modified the sentences to run concurrently instead of consecutively. One judge dissented, suggesting the sentences should be modified to twenty years each.

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F-1999-1260

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In OCCA case No. F-99-1260, Carl Ray Holmes appealed his conviction for unlawful manufacture of methamphetamine, unlawful possession of methamphetamine with intent to distribute, and unlawful possession of marijuana. In an unpublished decision, the court decided to affirm the convictions for the first two counts but reversed the marijuana possession conviction, ordering a new trial for that count. One judge dissented regarding the second count, suggesting it should be dismissed due to double jeopardy concerns.

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F-2000-948

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In OCCA case No. PR-99-1326, the Petitioners appealed their conviction for murder and shooting with intent to kill. In an unpublished decision, the court decided that the mistrial declared by the judge was not justified and therefore double jeopardy bars the State from retrying the Petitioners. One judge dissented. The case began when the Petitioners were charged with serious offenses. The first trial ended in a mistrial, which the judge declared after issues arose during a witness's cross-examination. The attorneys raised concerns about whether the prosecution had failed to provide evidence that could help the defense. This evidence related to the witness's background and credibility. The judge felt that the defense attorney’s questions may have harmed the trial, which led him to call for a mistrial. However, after reviewing the trial's events, the court found that there was no manifest necessity for a mistrial. In other words, the situation did not require such an extreme remedy. The court felt that a warning could have been sufficient to address any perceived problems before resorting to declaring a mistrial. Ultimately, the review concluded that the judge made errors in declaring the mistrial and, as a result, the defendants could not be tried again for these charges. The opinion emphasized that once a jury is discharged without sufficient reason, it can lead to violating the defendants' rights under the double jeopardy clause, which prevents someone from being tried for the same crime twice.

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