Cohabitation Archives - OCCA Opinions

F-2017-1149

Post author:Staff
Post published:July 18, 2019
Post category:F

In OCCA case No. F-2017-1149, Moore appealed his conviction for Permitting Invitees Under 21 to Possess or Consume Alcohol, Child Neglect, and Transporting a Loaded Firearm in a Motor Vehicle. In an unpublished decision, the court decided to affirm the judgment and sentence imposed by the district court. One judge dissented. Moore was convicted for crimes related to a party where a fifteen-year-old boy named N.F. drank too much alcohol and died from alcohol poisoning. The party took place at the home of a sixteen-year-old friend, and although Moore was not there, the court had to decide if he was responsible for what happened because he was in a relationship with the boy's mother, who lived at that house. The first major point in the case was whether there was enough evidence to support Moore’s convictions. The court found that there was, especially because Moore admitted he lived with the mother and his driver's license listed that address. This was important as the law stated that he could be held responsible for underage drinking and neglect if he was living there. Moore also argued that he didn’t get a fair trial because his lawyer did not do a good job. He mentioned that his lawyer failed to object to certain testimonies from a worker in child protective services. The court looked into this claim but concluded that it didn’t affect the fairness of the trial enough to change the outcome. They thought that defense counsel did present evidence to support Moore's case, showing he may not have lived at the home when N.F. died. Another issue was about evidence presented during the trial. Moore’s lawyer did not object to the testimony from the child protective services worker, which led to the question of whether this testimony hurt his case. The court found that while this testimony might have been improper, it did not significantly affect the trial's result since the jury could have made their decision based on other evidence presented. Moore also claimed he should get credit for the time spent in jail before his sentencing. However, the court said it was up to the judge to decide about giving credit for time served, not mandatory. They believed the judge made the right choice and affirmed the decision. In conclusion, the court upheld Moore's convictions and sentences, affirming that there was enough evidence against him and that his rights to a fair trial were not violated. Moore was denied the motion to have a hearing about his lawyer's effectiveness in defending him.

M-2018-212

Post author:Staff
Post published:May 9, 2019
Post category:M

**COURT OF CRIMINAL APPEALS OF THE STATE OF OKLAHOMA** **Rodney Eugene Smith, Appellant,** **v.** **The State of Oklahoma, Appellee.** **Case No. M-2018-212** **Filed May 9, 2019** **Summary Opinion** **Presiding Judge: Lewis** **Judgment and Sentence Affirmed** **Facts:** Rodney Eugene Smith appeals his conviction for Domestic Assault and Battery, a misdemeanor. The incident occurred on May 29, 2017, when Alexis Perkins alleged that Smith struck her. Witness Bridgett Downum testified to witnessing Smith slap Perkins during a heated argument at Downum's residence. The jury convicted Smith, resulting in a one-year county jail sentence and a $5,000.00 fine. **Propositions of Error:** 1. **Insufficient Evidence of Dating Relationship:** Smith argues that the State failed to prove he was in a dating relationship with Perkins. The court found Perkins' testimony about their living and sexual relationship sufficient for a jury to reasonably conclude a dating relationship existed. 2. **Intent to Injury:** Smith contends the State did not prove he acted with intent to injure. The court found that his actions during the confrontation demonstrated sufficient intent to do harm, as viewed in light most favorable to the State. 3. **Failure to Instruct on Lesser Included Offense:** The court found no error in failing to instruct on simple assault and battery because the evidence supported the charge of domestic assault and battery. Smith's claims about the dating relationship were rejected. 4. **Self-Defense Instruction Denied:** The trial court did not abuse its discretion in refusing Smith's self-defense instructions, as the evidence did not support his claim of self-defense. 5. **Jury Instructions on Specific Crime:** Smith's claim that the jury instructions were improper was denied as he did not object at trial, and the instructions sufficiently defined the offense. 6. **Insufficient Information:** The court ruled the Information provided adequate notice to Smith regarding the charges against him, as it included essential details about the crime. 7. **Cumulative Prosecutorial Misconduct:** Smith's claims of prosecutorial misconduct were rejected as the comments did not fundamentally undermine his trial's fairness. 8. **Improper Lay Opinion Testimony:** Downum's opinion testimony was not objected to at trial and, assuming it was improper, did not constitute plain error. 9. **Ineffective Assistance of Counsel:** Smith's trial counsel's performance did not result in prejudice, and he failed to show how the outcome would have differed had the objections been raised. 10. **Cumulative Errors:** The cumulative nature of alleged errors did not affect the trial outcome, and therefore, no relief is warranted. **Conclusion:** The court affirmed the judgment and sentence, concluding that Smith received a fair trial despite the raised propositions. **Opinion by: Lewis, P.J.** **Concurrences:** Kuehn, V.P.J.; Lumpkin, J.; Hudson, J.; Rowland, J.

F-2006-469

Post author:Staff
Post published:December 13, 2007
Post category:F

In OCCA case No. F-2006-469, Ricky Dale Hester appealed his conviction for First Degree Murder, First Degree Arson, Conspiracy, Robbery with a Dangerous Weapon, and Kidnapping. In a published decision, the court affirmed his convictions on Counts 1, 2, 3, and 4, but reversed the conviction on Count 5 with instructions to dismiss. One judge dissented regarding the kidnapping conviction. Hester was found guilty after a series of serious crimes. The events began when he, along with co-defendant Carl Myers, targeted Richard Hooks. They lured Hooks to a vacant house under false pretenses, where they planned to rob him. Hooks was beaten, stabbed multiple times, and then his body was moved to a garage that was set on fire. The jury sentenced Hester to life in prison without parole for the murder, and significant prison terms for the other counts. During the trial, various pieces of evidence were presented, including confessions made by Hester. However, he raised concerns about certain jury instructions and the admission of evidence. Hester argued that a specific instruction given to the jury about co-conspirator liability was incorrect, as it could lead the jury to presume guilt simply because he was part of a conspiracy. The court found that the jury was properly instructed on the law, and that the evidence presented showed Hester's active involvement in the crimes. He also challenged the trial court’s failure to provide instructions regarding the need for corroboration of confessions and accomplice testimony. The court ruled that sufficient evidence supported Hester’s confessions and that any omission in instructions did not impact the trial's fairness. Hester claimed that the admission of statements made by his co-defendant during the conspiracy was improper and that his statements to his partner were protected by spousal privilege. The court disagreed, finding that the trial had properly handled those matters and that the evidence substantiating the crimes was strong. Despite Hester's arguments, the court determined that the evidence was enough to support the convictions for murder, arson, conspiracy, and robbery, finding he played a crucial role in the criminal acts committed. However, due to a lack of evidence showing an intent to extort while holding Hooks against his will, the kidnapping conviction was reversed. In the end, while Hester's more serious convictions were upheld, the court acknowledged flaws in the evidence related to the kidnapping charge, leading to that particular conviction being dismissed.