Child Victims Archives - OCCA Opinions

F-2008-667

Post author:Staff
Post published:August 27, 2009
Post category:F

In OCCA case No. F-2008-667, Daniel Timothy Hogan appealed his conviction for First Degree Rape by Instrumentation, Lewd Molestation, and Forcible Sodomy. In an unpublished decision, the court decided to affirm the judgment and sentence for some counts but reversed and remanded other counts based on the statute of limitations. One judge dissented. The case involved Hogan, who lived with his wife and her three daughters, all of whom had learning disabilities. Testimonies revealed that Hogan had sexually abused the girls multiple times over several years, starting when they were very young. The incidents included inappropriate touching and forced sexual acts. Hogan claimed that some charges should be dismissed because the statute of limitations had expired. The court agreed with him regarding several counts, concluding that the state did not press charges in time based on when the victims knew about the incidents and their nature as crimes. Hogan also argued that the trial judge unfairly imposed consecutive sentences rather than allowing them to run concurrently, as he claimed there was a courthouse policy against such decisions. However, the court found that the judge considered the facts of the case in deciding how to sentence Hogan. Ultimately, while some convictions against Hogan were reversed because of the statute of limitations, his life sentence and the convictions that were upheld reflected the seriousness of the abuse he inflicted on the young victims, leaving a lasting impact on their lives.

F-2006-826

Post author:Staff
Post published:October 12, 2007
Post category:F

In OCCA case No. F-2006-826, Bobby M. Ellis appealed his conviction for multiple crimes including First Degree Rape, Lewd Molestation, and Preparing Child Pornography. In an unpublished decision, the court decided to affirm the conviction on most counts while reversing one count related to child pornography. One judge dissented regarding this reversal. Bobby M. Ellis faced serious charges in Kay County for several crimes against his two young step-daughters. The jury found him guilty of these crimes. The punishment for each count was severe, amounting to a total of 210 years in prison, but the sentences were set to be served one after the other, which would keep him in prison for a very long time. During the appeal, Ellis argued several points. He claimed that it was unfair to punish him twice for the same offense regarding the child pornography charge. He also pointed out that the judgment did not clearly show his exact convictions, and he felt that the overall sentences were too harsh. The court examined Ellis's arguments and ultimately agreed with him on some points. They found that convicting him for preparing child pornography in two counts for a single video tape was indeed unfair, so they decided to reverse that specific count and instructed for it to be dismissed. For the other counts, the court affirmed the judgments made by the jury. The court also acknowledged that there was a mislabeling in the judgment regarding one of the charges and agreed that it needed to be corrected to appropriately reflect the actual crime committed. However, they did not reduce the sentencing significantly since the crimes were very serious and Ellis showed no remorse for his actions. In summary, the court upheld most of the convictions and sentences but took action to correct and dismiss one charge involving child pornography based on double jeopardy issues. The judge who dissented felt that all charges should be upheld since each incident was separate.

F-2005-649

Post author:Staff
Post published:March 7, 2007
Post category:F

In OCCA case No. F-2005-649, Alfred Gene Ryan appealed his conviction for First Degree Rape and Lewd Molestation. In an unpublished decision, the court decided to affirm his convictions but modified the sentences to run concurrently instead of consecutively. One judge dissented in part. Ryan was found guilty in the District Court of Kay County, where a jury sentenced him to 20 years in prison for the rape charge and 10 years for the molestation charge, along with fines for both counts. The key points of his appeal focused on several alleged errors during his trial, including issues related to custody status during police questioning, hearsay testimony, the trial court’s handling of jury instructions, the admission of other crimes evidence, and claims of ineffective counsel. The court reviewed all the claims made by Ryan, including whether the trial court made mistakes by allowing certain evidence or testimony, and whether he received a fair trial. After considering the arguments and the entire record, the court did not find any major errors that would require a reversal of his conviction. The court stated that Ryan was not in custody when he spoke to law enforcement, which meant that his statements to them were properly admitted. They also ruled that the hearsay testimony from child victims was allowable and did not violate Ryan’s rights. The court acknowledged that there were instances of improper evidence admitted concerning other crimes but determined that these did not significantly impact the verdict concerning his guilt. Regarding jury instructions, the court agreed that Ryan should have been informed about the 85% rule, which might have affected the length of time he would serve. Therefore, they modified his sentences to run concurrently instead of consecutively, leading to a total time served being lessened. Overall, while the court affirmed the convictions, it recognized certain shortcomings in how the trial was conducted which justified modifying how the sentences were structured.