Cleveland County Archives

RE-2019-683

Post author:Mili Ahosan
Post published:January 21, 2021
Post category:RE

In OCCA case No. RE-2019-683, the appellant appealed his conviction for the revocation of his suspended sentence. In an unpublished decision, the court decided to affirm the revocation but modify it to be limited to six months. One member dissented. The case involved the appellant who had earlier been sentenced for multiple crimes, including possession of a controlled substance and driving under the influence. Initially, he was given a suspended sentence where he would serve time in jail only on weekends. However, he violated the terms of his probation several times by failing to report, pay fees, and complete required programs. After a while, he faced new charges for more serious crimes, which led to the state seeking to revoke his suspended sentence altogether. During the hearing for the revocation, the judge decided to revoke all five years of his suspended sentence. However, the court found later that this action was not appropriate. The court ruled that even though the appellant had committed technical violations, he could only be punished with a maximum of six months because the alleged new crimes occurred after his probation had expired. The court concluded that the trial judge had made a mistake when revoking the whole five years instead of just six months based on the technical violations proven. Thus, the revocation punishment was modified by the court to six months instead of five years.

RE-2019-619

Post author:Mili Ahosan
Post published:July 30, 2020
Post category:RE

In OCCA case No. RE-2019-619, the appellant appealed his conviction for endangering others while trying to avoid the police and possession of a stolen vehicle. In an unpublished decision, the court decided to affirm the revocation of his suspended sentence but ordered the district court to give him credit for four days he had already served in jail. One judge dissented from this decision.

J-2019-618

Post author:Mili Ahosan
Post published:February 6, 2020
Post category:J

**State of Oklahoma Court of Criminal Appeals Summary Opinion** **Case Title:** M.C.T. v. The State of Oklahoma **Case Number:** J-2019-618 **Filed:** February 6, 2020 **Judges:** Kuehn, Vice Presiding Judge; Lewis, Presiding Judge (specially concurring); Lumpkin, J.; Hudson, J.; Rowland, J. **Background:** M.C.T. appeals the certification decision by Special Judge Scott Brockman in Cleveland County District Court Case No. CF-2019-470, where M.C.T. was certified for trial as an adult for crimes including Assault and Battery with a Deadly Weapon and Unlawful Use of a Computer. The case was expedited under the Accelerated Docket of the Court. **Legal Issues:** The core issue revolves around statutory interpretation regarding the certification of juveniles as adults under Oklahoma law, specifically focusing on 10A O.S.2018 § 2-5-204(H)(1). **Findings:** 1. **Statutory Interpretation:** The Court reviewed the statute, noting that once adjudicated as an adult, a youthful offender retains that status in subsequent criminal proceedings, as mandated by the law. M.C.T.'s prior stipulation to adult status in Oklahoma County was sufficient to affirm his status as an adult in Cleveland County. 2. **Precedent:** M.C.T. relied on D.J.B. v. Pritchett, but the Court distinguished this case based on its unique circumstances, emphasizing that M.C.T. had already been adjudicated as an adult prior to the Cleveland County proceeding. 3. **Judicial Efficiency:** Holding a certification hearing in Cleveland County after a prior adult conviction would be considered a waste of judicial resources, reinforcing the decision to affirm the district court's certification of M.C.T. as an adult. **Conclusion:** The Court affirmed the decision of the Cleveland County District Court to certify M.C.T. as an adult, highlighting that the statutory provisions were effectively applied in this case and that his prior plea as an adult eliminated the necessity for further certification hearings. **Decision:** The certification is AFFIRMED. The mandate is to be issued upon filing this decision. **Counsel:** - **For Appellant:** M. Karla Tankut, Jasmine Johnson (Indigent Defense System) - **For Appellee:** Kristi Johnson, Suanne Carlson (Assistant District Attorneys) **Special Concurrence:** Judge Lewis acknowledged the detailed writing of the opinion and expressed concern regarding the trial counsel's understanding of the consequences of simultaneous cases in different counties. Though counsel's actions were questionable, they did not alter the outcome, given M.C.T.'s unsuitability for youthful offender status. **Download PDF:** [Click Here To Download PDF](https://opinions.wirthlawoffice.com/wp-content/uploads/J-2019-618_1734430249.pdf)

F-2017-1142

Post author:Mili Ahosan
Post published:July 18, 2019
Post category:F

In OCCA case No. F-2017-1142, Daniel Ryan Chadwell appealed his conviction for forty counts of Lewd Acts with a Child Under 16. In a published decision, the court decided to affirm Chadwell's judgment and sentence. One judge dissented. Chadwell was found guilty by a jury of many serious offenses. He was accused of committing inappropriate acts with children who were under the age of 16. The jury decided he should spend a very long time in prison, giving him a total of several hundred years in sentences. He did not get found guilty on two of the counts. Chadwell's appeal included two main arguments. First, he claimed the jury received wrong instructions about how to decide his punishment. Specifically, he argued that the instructions mentioned the punishment for crimes against children under 12, which was not applicable to his case since he was charged with acts involving children under 16. The court found that while the instructions did have an error, the mistake was not serious enough to change the outcome. They noted that all the child victims were proven to be under 12 at the time of the crimes, so the error was harmless. Second, Chadwell argued that the prosecutor acted unfairly during the trial, which made it impossible for him to have a fair chance. However, the court looked at what happened during the entire trial and found that these actions did not make the trial unfair either. In the end, the court decided that Chadwell's appeal did not provide enough reason to change the original decision. Therefore, his sentences remained as decided by the jury.

F-2018-284

Post author:Mili Ahosan
Post published:July 11, 2019
Post category:F

In OCCA case No. F-2018-284, Carl Wayne Gundrum, Jr. appealed his conviction for first-degree rape and lewd acts with a child under 16. In an unpublished decision, the court decided to affirm his convictions and sentences. One judge dissented. Gundrum was found guilty by a jury in Cleveland County and received a 30-year sentence for the rape and a 20-year sentence for the lewd acts. Both sentences are to be served consecutively, meaning he must serve them one after the other. Before the appeal, he argued several things regarding his trial. First, he claimed that his right to a speedy trial was violated because there was a delay of about 21 months from his arrest to the trial. The court looked at four things to decide if his right was violated: how long the delay was, why it happened, whether he asked for a speedy trial, and whether he was hurt by the delay. The court found that the delay was not enough to violate his speedy trial rights. Second, Gundrum argued that the court made a mistake by allowing evidence of another child molestation case to be shown in his trial. His lawyer objected to this evidence being used, and the court said that it was appropriately admitted, so they found no error here. Third, Gundrum claimed there was bad behavior from the prosecutors that made his trial unfair. Many of these actions were not objected to during the trial, so the court only looked at the ones that were considered plain errors. They decided that the prosecutor's actions did not change the outcome of the trial significantly enough to cause an unfair result. Fourth, he argued that his lawyer did not do a good job by not objecting to the prosecutor's misconduct. The court reviewed this situation and found that Gundrum could not prove that he was harmed by this lack of action, so his claim did not work out. Finally, Gundrum sought relief by stating that all these errors together made his trial unfair. However, since the court found no individual errors, they concluded that there could not be an accumulation of errors either. In the end, the court affirmed Gundrum's conviction and stated that he must serve a significant portion of his sentences before he could be considered for parole.

F-2017-1270

Post author:Mili Ahosan
Post published:April 18, 2019
Post category:F

In OCCA case No. F-2017-1270, Bryan James Abner appealed his conviction for several offenses. In an unpublished decision, the court decided to affirm the decision to terminate him from drug court and sentence him according to the plea agreement. One judge dissented. Bryan James Abner was involved in multiple criminal cases related to theft, guns, drugs, and burglary. He was given the chance to join a Drug Court program to help him with his drug addiction instead of going straight to prison. However, if he did not follow the rules of the program, he would be sentenced for his crimes. Abner did well in the Drug Court for the first six months, but then he started to have problems. He tested positive for methamphetamine several times, had legal troubles, and missed appointments. The State's attorney asked to terminate him from the Drug Court because of these issues. During the hearing, witnesses testified about Abner's behavior. One officer found drugs on him, and a supervisor explained that Abner had many chances to improve but did not make enough progress. Abner's counselor testified that he had learned from some difficult experiences, including the death of his son, and asked for another chance in the program. The judge decided against Abner, saying that despite what the counselor said, Abner's problems continued. She noted that he had broken the rules of the Drug Court many times and had not responded to the chances he had been given. In summary, the court ruled that Abner needed to be removed from the Drug Court program for not following the rules, and he was sentenced based on his plea agreement. The court found that the evidence supported this decision, and there was no abuse of discretion by the judge.

F-2015-937

Post author:Mili Ahosan
Post published:December 7, 2017
Post category:F

In OCCA case No. F-2015-937, Isaiah Jamil Walker appealed his conviction for first-degree felony murder, robbery, burglary, and possession of a firearm. In an unpublished decision, the court decided to affirm his convictions for first-degree felony murder, robbery, and possession of a firearm, but reversed the burglary conviction with instructions to dismiss. One member dissented. The case involved a jury trial where Walker was convicted of serious crimes after the jury found him guilty of all charges against him. The jury recommended severe penalties, including life imprisonment for the murder charge and additional years for the other charges. Walker raised multiple issues on appeal, claiming that the evidence was not strong enough to support his convictions and that his rights were violated during the trial. The court reviewed each of Walker's arguments carefully. It found that there was enough evidence to support his conviction for felony murder because the facts of the case showed he committed a burglary that led to the murder. They also believed the testimony from witnesses was sufficient to corroborate the co-defendants' accounts of the crimes. However, the court agreed with Walker's argument regarding double jeopardy. Since his felony murder charge was based on the burglary charge, convicting him of both was legally incorrect. Therefore, the burglary conviction was reversed and dismissed. In terms of the other claims Walker made, the court denied them, explaining that the trial was conducted fairly and following legal standards. The court mentioned that for some issues, like failing to instruct the jury on lesser offenses, Walker had not requested those instructions at his trial, so he could not raise that problem on appeal. Overall, the court concluded that most of Walker's convictions were valid and decided to uphold them while correcting the double jeopardy issue by dismissing the burglary charge.

C-2016-778

Post author:Mili Ahosan
Post published:May 11, 2017
Post category:C

In OCCA case No. C-2016-778, Donald Garra Patterson appealed his conviction for Abuse by Caretaker, Unlawful Removal of a Dead Body, and Obtaining a Controlled Substance by Forgery/Fraud. In an unpublished decision, the court decided to affirm his convictions on most counts but modified the sentence for Unlawful Removal of a Dead Body due to it being greater than allowed by law. One judge dissented. Patterson had entered a plea of guilty to various charges and was sentenced to multiple terms of imprisonment, including ten years for Abuse by Caretaker and seven years for each of the other charges. Afterward, he wanted to withdraw his plea, claiming he did not fully understand what he was pleading guilty to and felt his lawyer had not helped him properly. The main issues raised included whether his plea was made knowingly and if his lawyer had conflicts of interest or failed to give him correct information. The court found that Patterson didn't support his claims about not understanding the plea and concluded his sentence for the crime of Unlawful Removal had to be changed because it was wrongly set longer than the law allowed. The court also confirmed that the mistakes in advising Patterson were not enough to prove he was treated unfairly by his lawyer. Ultimately, the court decided to lower his sentence for Unlawful Removal of a Dead Body to the correct maximum of five years and instructed the lower court to fix some record-keeping errors regarding fees.

S-2016-29

Post author:Mili Ahosan
Post published:April 21, 2016
Post category:S

In OCCA case No. S-2016-29, the State of Oklahoma appealed the conviction of Jones for unlawful possession of a controlled dangerous substance (methamphetamine) with intent to distribute and unlawful possession of drug paraphernalia. In a published decision, the court decided to dismiss the appeal because the State did not file the required Petition in Error within the time limit. One judge dissented.

F-2014-764

Post author:Mili Ahosan
Post published:April 5, 2016
Post category:F

In OCCA case No. F-2014-764, Hawks appealed her conviction for Murder in the First Degree, Burglary in the First Degree, and two counts of Kidnapping. In an unpublished decision, the court decided to reverse and remand Count I, which was the murder conviction, but affirmed Counts II, III, and IV, which were the burglary and kidnapping convictions. One judge dissented on the reversal of the murder conviction. Hawks was accused of being involved in serious crimes, including murder, along with two other co-defendants. After being found guilty by a jury, Hawks was sentenced to a long prison term, with the murder sentence being life imprisonment. Hawks argued that the evidence against her was weak, claiming she didn’t participate in the crimes or know about them beforehand. She believed the jury wasn't given a fair chance to make their decision because the prosecution made mistakes in explaining the law regarding aiding and abetting. Aiding and abetting means that someone helped or supported a crime, even if they weren't the main person committing it. For Hawks to be found guilty, the evidence needed to show she had some knowledge or intent to support the crimes of her co-defendants, which involved planning and executing the murder and kidnappings. However, the court found that there were major issues with how the prosecutors explained the law, which misled the jury. The judges agreed that the jury may not have properly understood the law because the prosecutor repeatedly misstated it, even if the jury was given the correct instructions. As a result, the court agreed to give Hawks a new trial for the murder charge. For the kidnapping and burglary charges, the evidence seemed sufficient to support the jury’s verdict, so those were upheld. In conclusion, while Hawks' murder conviction was reversed for a new trial due to errors in how the law was presented to the jury, her other convictions were confirmed as valid. One judge disagreed with reversing the murder conviction, believing that the verdict was just and the evidence against Hawks clear.

J-2013-87

Post author:Mili Ahosan
Post published:November 22, 2013
Post category:J

In OCCA case No. J-2013-87, J.C.T. appealed his conviction for Robbery With a Weapon. In an unpublished decision, the court decided to affirm the district court's order bridging him to the Department of Corrections and stated that he should be sentenced to twelve years, suspended, and granted credit for time served. One judge dissented. J.C.T. was charged as a youthful offender in 2011 and initially received a twelve-year sentence that was suspended as part of a plea agreement. He was supposed to enter a rehabilitation program. However, after allegations of serious misconduct, the State moved to transfer him to adult custody. A hearing was held to determine whether his actions warranted this change. The court reviewed the evidence and ultimately decided that the state had established a valid reason for transferring J.C.T. to the Department of Corrections. He was found guilty of not complying with the original terms of his sentence. The law allowed for such a transfer based on his behavior while under supervision. During the appeal, J.C.T. raised several issues. He argued that the trial court had misused its discretion by changing the suspension of his sentence to actual time in prison. J.C.T. believed he should only receive the suspended sentence as originally agreed upon. The court had to look at the invalidity of the new sentence imposed and the interpretation of relevant statutes regarding youthful offenders. Ultimately, the OCCA concluded that the district court needed to resentence J.C.T. to follow what was originally agreed—a suspended sentence of twelve years—and provide time served. This ruling was based on the court's interpretation of laws surrounding youthful offenders and the limits on sentencing options upon being bridged to the Department of Corrections. One judge agreed with the majority but argued that the district court had made a correct decision in sentencing J.C.T. to the twelve-year prison term because it reflected a consequence of his violating the terms of his original agreement. However, another judge believed the initial ruling should stand without any changes.

S-2013-415

Post author:Mili Ahosan
Post published:November 20, 2013
Post category:S

In OCCA case No. S-2013-413 & 415, Mark Anthony Herfurth appealed his conviction for Failure to Register as a Sex Offender and Sex Offender Living within 2000 feet of a School. In an unpublished decision, the court decided to affirm the lower court's ruling to dismiss the charges against him. One judge dissented. Mark Anthony Herfurth was taken to court because he was accused of not registering as a sex offender and for living too close to a school after he had been convicted of a crime related to indecent exposure. In his earlier conviction, he had agreed to register as a sex offender for a certain number of years. However, when laws changed in 2007, it meant that people in his situation could be assigned a risk level and have to register for longer. Herfurth argued that he shouldn't be held to the new law because he had already completed his requirements from his original plea. The judge agreed with him and dismissed the charges, saying that the laws could not be applied to him retroactively. The State of Oklahoma did not agree with this decision. They believed that the new law should apply to Herfurth since he was still required to register as a sex offender. They argued that laws are meant to protect the public, and because he was registering at the time of the new law's change, he should follow the new rules. However, upon review, the court decided that the lower court did not make a mistake. They concluded that the 2007 law was a significant change and should only apply going forward, not backward. The court also stated that applying the 2007 law to Herfurth after his original plea would have changed his obligations unfairly. Therefore, the appeals court agreed with the lower court's decision to dismiss the charges against Herfurth, stating that they have a duty to interpret laws as they were intended at the time of the original guilty plea. The dissenting judge felt differently, believing that the law should have applied to Herfurth based on the new requirements.

S-2013-413

Post author:Mili Ahosan
Post published:November 20, 2013
Post category:S

S-2012-719

Post author:Mili Ahosan
Post published:October 31, 2013
Post category:S

In OCCA case No. S-2012-719, Robert Brooke appealed his conviction for Driving a Motor Vehicle While Under the Influence of Alcohol and Transporting an Open Bottle or Container of Liquor. In an unpublished decision, the court decided to affirm the lower court's order deferring judgment and sentence. One judge dissented. The case began when Robert Brooke was charged with DUI and another alcohol-related offense. He entered a guilty plea but had a disagreement about whether he must serve time in jail or undergo inpatient treatment. The lower court decided to defer his sentencing for five years and found that the law requiring jail time or inpatient treatment was not enforceable in this situation. The state argued that the law clearly required jail time or inpatient treatment since it was Brooke's second DUI-related charge. However, the court explained that since a plea deal did not count as a conviction, the conditions related to jail or treatment did not apply. Instead, they found that Brooke should follow the recommendations given from his alcohol assessment, which included certain programs, rather than being required to serve time. The court looked closely at the wording of the law and decided that the terms about jail time only apply when there is a conviction. Since they did not convict Brooke but only deferred his sentencing, those specific requirements did not apply to him. The court also mentioned that while the law could be seen as constitutional, it did not matter in this case since they determined it was not applicable. Thus, they upheld the lower court's decision, allowing Brooke to complete the programs without being sentenced to time in jail. The final judgment was to affirm the decision of the District Court, allowing Brooke to follow through with the treatment required instead of serving jail time.

F-2012-167

Post author:Mili Ahosan
Post published:September 23, 2013
Post category:F

In OCCA case No. F-2012-167, Bryan Decheveria Aragon appealed his conviction for robbery with a firearm, assault and battery with a dangerous weapon, conspiracy to commit a felony, burglary in the first degree, kidnapping, and possession of a firearm in the commission of a felony. In an unpublished decision, the court decided to affirm some of Aragon's convictions but reversed others. One judge dissented. Aragon was found guilty of several serious charges, including robbery, assault, and kidnapping, after a jury trial in the District Court of Cleveland County. The jury handed down various sentences, adding up to a long term in prison. Aragon argued that errors occurred during his trial, including the prosecution calling co-defendants who refused to testify, which he claimed violated his rights. He also pointed out concerns about the prosecutor’s conduct and whether he faced multiple punishments for the same criminal act. The court found that the prosecutor’s decision to call the co-defendants did not require a reversal. Even though the co-defendants didn’t answer every question, they provided some responses and were available for cross-examination. Therefore, this did not infringe upon Aragon’s rights. The court also ruled that any claims regarding prosecutorial misconduct did not significantly impact Aragon's fair trial. However, the court acknowledged that Aragon’s conviction for possessing a firearm during a felony had to be dismissed, as it did not comply with legal standards. The kidnapping charge was also reversed because it arose from the same act as the robbery, which meant that it violated rules against double punishment. On the other hand, the charges for robbery and assault were allowed to stand since they were considered separate actions. In summary, the decision affirmed most of the judgment and sentences but reversed those related to kidnapping and possession of a firearm.

S-2012-834

Post author:Mili Ahosan
Post published:July 26, 2013
Post category:S

In OCCA case No. S-2012-834, the State of Oklahoma appealed an order that granted a motion to dismiss several charges against Jeffrey Porras. In a published decision, the court decided to affirm the district court's ruling. One judge dissented. The case involved charges against Porras, who is a physician. He was accused of committing sexual battery and rape against multiple victims while they were receiving medical treatment. The accusations included five counts of sexual battery and one count of second-degree rape, with the incidents alleged to have occurred in different counties over a period of time from 2005 to 2007. The trial court dismissed some of the counts because it felt that the incidents were not part of a single plan or scheme. The law allows for multiple charges to be tried together if they are connected in a way that shows they are part of the same pattern of criminal behavior. However, the court decided that the alleged crimes in Oklahoma County and Cleveland County were separate and did not meet the criteria for joining them in one trial. In making this decision, the court looked at how the offenses occurred over a span of two years and did not significantly overlap in timing or in the way they were committed. This means that the crimes did not depend on each other and were not part of a continuous plan that would justify being tried together. The appellate court agreed with the trial judge's reasoning, stating that there was no clear error in the decision to dismiss those charges. The ruling reaffirmed that the charges from different counties could be handled separately without causing injustice to anyone. The dissenting judge, however, believed that the charges should not have been dismissed since they had common elements and were related to his actions as a doctor. The dissent argued that since all victims were patients and the incidents happened in similar situations, it was appropriate to consider them as part of a greater plan to commit these crimes. In conclusion, the appellate court upheld the trial court’s decision to dismiss certain charges against Porras, maintaining that the evidence did not sufficiently show a connection that warranted a single trial for all the charges.

RE 2012-0259

Post author:Mili Ahosan
Post published:June 4, 2013
Post category:RE

In OCCA case No. RE 2012-0259, the appellant, Samuel David Murich, appealed his conviction for possession of a controlled dangerous substance. In a published decision, the court decided that the revocation of Murich's suspended sentences was not valid because the State did not prove the finality of the conviction it used to revoke his probation. The court agreed with Murich’s argument and reversed the revocation. One judge dissented.

S-2011-543

Post author:Mili Ahosan
Post published:April 6, 2012
Post category:S

In OCCA case No. S-2011-543, the State of Oklahoma appealed its conviction for suppressing evidence against DAREN LEVI GEYER. In a published decision, the court decided to affirm the lower court's order. The judges noted that the trial court was correct in determining that the State had violated rules regarding evidence disclosure and imposed sanctions on the State for not following these rules. The court found that the State's failures warranted these sanctions, and the imposition of a jury instruction against the State was also upheld. One judge dissented, emphasizing the importance of fair play in the discovery process during trials.

S-2011-544

Post author:Mili Ahosan
Post published:April 6, 2012
Post category:S

In OCCA case No. S-2011-544, the State of Oklahoma appealed a court's decision where evidence was suppressed in a criminal case. In an unpublished decision, the court decided to uphold the lower court's ruling. One member of the court did not agree with this decision. The case began when the district court, under the Special Judge, found that the State had not followed the rules about sharing evidence, known as the Discovery Code. The State argued that it had done nothing wrong and claimed that the court should not have punished them for this. They believed the judge’s decision to tell the jury about the supposed violation was also wrong, especially since they didn't act in bad faith. The court examined the arguments from both sides and concluded that the district court did not make a mistake. They believed that the State really did not follow the rules and agreed that it was appropriate to impose penalties for this. The court also explained that they don't usually review jury instructions in these matters. Ultimately, the higher court decided to keep the ruling from the district court, meaning the previous decision to suppress the evidence remained in effect. The ruling was considered important in the context of the legal process. In the end, the reasoning emphasized that having a fair process helps both sides in a case and that knowing the strengths and weaknesses of each other's arguments can make trials go better. Even though some might think the penalties were harsh, the court felt it was essential to make sure that such rules are followed in the future.

S-2011-545

Post author:Mili Ahosan
Post published:April 6, 2012
Post category:S

In OCCA case No. S-2011-545, the State of Oklahoma appealed his conviction for evidence suppression. In an unpublished decision, the court decided to affirm the district court's order. One judge dissented. The case involved the State of Oklahoma appealing a decision made by a special judge in Cleveland County. The State was unhappy with the judge's ruling to suppress evidence, which they felt was unfair. The main reason for the appeal was that the State believed the judge did not have the right to impose punishment on them for what they claimed was a misunderstanding of the Discovery Code. Essentially, they argued that they had not violated any rules regarding the sharing of evidence and information before the trial. The court had to look at whether the judge's decision was reasonable or if it was clearly wrong. The judges found that the special judge had good reason to impose sanctions on the State because it was determined that the State did not follow the proper procedures for sharing evidence. This is known as discovery. The court highlighted that it is very important in criminal cases for both sides to share information so that there are no surprises during the trial. This process helps ensure fairness and allows both sides to prepare adequately. The court explained that there are rules in place for how evidence should be shared and that these rules are crucial to ensuring justice. The district court had determined that the State should have done more to preserve evidence that could have been useful for the defense. Because they did not do this, the special judge decided to impose penalties on the State as a form of punishment for not following the rules. After reviewing the situation, the court found that the special judge acted within his rights in deciding to sanction the State. As a result, the court affirmed the decision made by the district court in Cleveland County. The judges agreed that enforcing these discovery rules is necessary to avoid similar problems in future cases. So, in the end, the court supported the lower court's ruling by stating that the sanctions against the State were appropriate. This decision encourages the State and other prosecutors to comply with the Discovery Code in future cases, ensuring fair trials for everyone involved.

J-2011-394

Post author:Mili Ahosan
Post published:October 28, 2011
Post category:J

In OCCA case No. J-2011-394, R.J.T. appealed his conviction for multiple counts of arson. In an unpublished decision, the court decided to affirm the trial court's certification of R.J.T. to the juvenile system for prosecution. One judge dissented. R.J.T., who turned fifteen just days before the alleged offenses, was charged in Cleveland County District Court with several counts of arson. The law allows for individuals like R.J.T. to be considered youthful offenders, meaning they could be treated differently than adults in the legal system. The Youthful Offender Act lets a young person ask to be moved to the juvenile justice system either before or during a preliminary hearing. During the preliminary hearing on May 4, 2011, R.J.T.'s lawyer had not filed a formal request to have R.J.T. tried as a juvenile. Instead, they agreed that R.J.T. would plead guilty to being a youthful offender, which would lead to a delay in sentencing while he was on probation. However, the judge expressed concern about this agreement, questioning whether he could move R.J.T. to the juvenile system on his own if they waived the preliminary hearing. After some discussion, R.J.T. waived the preliminary hearing. The judge then proceeded to consider if R.J.T. should be certified to the juvenile system, looking into evidence including a psychological report. The judge found that R.J.T. had strong family support, no prior criminal history, and had been doing well in school. It was revealed that he had ADHD and had been removed from medication around the time of the offenses. The judge also heard that R.J.T. was shy and struggled socially but had not caused any injuries in the incidents he was accused of. At the end of the hearing, the judge decided to certify R.J.T. to the juvenile system for prosecution after considering the guidelines established by law. This decision meant that R.J.T. would be treated more like a child than an adult in the legal system. The state then appealed this decision, believing that the judge had made mistakes. On appeal, the state argued two main points. First, they said the judge shouldn't have rejected the waiver of the preliminary hearing since it would mean R.J.T. wouldn’t be able to take the plea deal. Second, they claimed that the judge shouldn’t have certified R.J.T. as a juvenile because he considered factors not allowed by law. However, the court found that the judge acted within his rights to consider the certification issue and that he did so correctly, based on the evidence. The court noted that there was enough information to support the judge's decision. They stated that the goal of the youthful offender system is to ensure public safety while giving young people a chance for rehabilitation. The court's decision reaffirmed that R.J.T. would continue in the juvenile system, allowing for different treatment options than if he were handled as an adult. The decision was approved by most judges, but one judge disagreed, arguing that the judge had overstepped by forming conclusions without sufficient evidence being presented. In conclusion, the May 4, 2011, order certifying R.J.T. to the juvenile system was upheld by the court, which believed that this path offered the best chance for R.J.T.'s rehabilitation and the safety of the community.

S 2011-0023

Post author:Mili Ahosan
Post published:October 17, 2011
Post category:S

In OCCA case No. S 2011-0023, David Franco appealed his conviction for several charges related to using a vehicle in the discharge of a weapon, assault and battery with a dangerous weapon, feloniously pointing a firearm, and other related charges. In an unpublished decision, the court decided to affirm the ruling that dismissed some of the charges against him. One judge dissented.

S 2011-0024

Post author:Mili Ahosan
Post published:October 17, 2011
Post category:S

In OCCA case No. S 2011-0024, Joel Christion Aranda appealed his conviction for multiple charges including Use of a Vehicle in Discharge of a Weapon and Assault and Battery with a Dangerous Weapon. In an unpublished decision, the court decided to affirm the lower court's ruling, which had dismissed several counts against Aranda. One judge dissented, believing there was enough evidence to proceed with some of the charges.

J-2011-514

Post author:Mili Ahosan
Post published:October 1, 2011
Post category:J

In OCCA case No. J-2011-514, J.F. appealed his conviction for Lewd Acts With a Child Under Sixteen. In a published decision, the court decided to affirm the motion for certification as a juvenile. One judge dissented. The case began when the State of Oklahoma charged J.F. on March 7, 2011, for actions that allegedly happened when he was 15 years old. J.F. filed a motion to be treated as a juvenile instead of facing adult charges. A hearing was held where evidence was presented. The court had a specialist provide testimony, and several documents were submitted to support J.F.'s request for juvenile status. The State argued that the court should not have allowed J.F. to be certified as a juvenile, stating that he had not shown enough proof. The court, however, did not find any mistakes in the decisions made by the trial judge and agreed that J.F. should be treated as a juvenile. In the end, the court upheld the earlier decision, allowing J.F. to proceed in the juvenile system.

J-2011-462

Post author:Mili Ahosan
Post published:September 27, 2011
Post category:J

In OCCA case No. J-2011-462, K.T.L. appealed his conviction for robbery by force/fear and kidnapping. In an unpublished decision, the court decided that the lower court's order denying K.T.L.'s motion to be treated as a juvenile was incorrect and should be reversed. K.T.L. was found to have substantial evidence supporting his request for juvenile treatment, and thus, the court instructed to certify him as a juvenile. One justice dissented, believing that the original decision should be upheld.