F-2012-951

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In OCCA case No. F-2012-951, Darrell Williams appealed his conviction for Sexual Battery and Rape by Instrumentation. In an unpublished decision, the court decided to reverse his convictions and remand the case for further proceedings. One judge dissented. Darrell Williams was found guilty by a jury in Payne County of multiple counts, including Sexual Battery and two counts of Rape by Instrumentation. Although the jury had acquitted him of two other charges, he was sentenced to one year in jail for each conviction, with the sentences to run at the same time. Williams felt that his trial was unfair and raised several reasons, or propositions, for his appeal. Williams argued that the jury was unfairly influenced by outside information during their discussions, which he believed violated his right to a fair trial. He indicated that some jurors visited the scene of the crime without permission and discussed what they saw during their deliberations. The court agreed with his concern that such behavior could affect the jury's decision-making process. During the appeal, the court conducted an investigation to see if the jurors did indeed visit the crime scene and if they talked about it while deciding the case. Testimony revealed that several jurors had made those unauthorized visits and shared their observations. Since the details about the crime's location and lighting were crucial to whether the identification of Williams was accurate, the court concluded that exposure to such outside information during deliberations could have impacted the verdict. Additionally, Williams complained that a bailiff might have made comments about needing a unanimous verdict, which could have pressured the jurors. The trial court looked into this matter as well, but they ultimately found that it was not clear if such comments were made and whether they had any effect on the jurors' decisions. The court found serious enough mistakes in the trial process and decided that Williams did not receive a fair trial. This led them to reverse the earlier judgments against him and send the case back to the lower court for a possible new trial. In summary, the court's main reasons for reversing the convictions were the unauthorized jury visits to the crime scene and the potential influence of the bailiff's comments on the jury's verdict.

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F 2002-1009

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In OCCA case No. F 2002-1009, Rodney Jerome Burton appealed his conviction for trafficking in illegal drugs (cocaine base) and possession of a controlled dangerous substance within 1000 feet of a public park. In an unpublished decision, the court decided to affirm the conviction for trafficking in illegal drugs, but it dismissed the conviction for possession of a controlled dangerous substance within 1000 feet of a public park. One judge dissented. Burton was found guilty of trafficking in cocaine and possession of drugs near a public park. The jury recommended sentences of twenty years for trafficking and ten years for possession, which were to be served at the same time. Burton raised several reasons for his appeal, claiming that the evidence was not strong enough to support the verdicts, and that there were other problems in the trial. The court examined each of his claims, finding that there was enough evidence to support the trafficking conviction. They also decided that the jury was not pushed to come to a verdict and that the trial court followed the rules correctly regarding other pieces of evidence. It was determined that the remarks and actions of the prosecutor did not unfairly affect Burton's trial. The court concluded that there was no error regarding the prior photograph and that Burton's trial lawyer did a good job. Even though Burton wanted to benefit from a change in the law that might have helped him, the court said he was not entitled to that benefit because it didn’t apply to his case. Overall, the court upheld the sentence for trafficking but overturned the possession sentence, telling lower courts to dismiss that charge.

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