Conclusion of Law Archives

F-2016-1030

Post author:Staff
Post published:April 29, 2021
Post category:F

In OCCA case No. F-2016-1030, David Deval Martin appealed his conviction for First Degree Murder. In a published decision, the court decided to reverse the conviction and remand the case for dismissal. No one dissented. David Deval Martin was found guilty of First Degree Murder after a jury trial in McIntosh County. The judge sentenced him to life in prison without the chance of parole. Martin argued that the court did not have the authority to try him because he is a member of the Muscogee (Creek) Nation, and the crime occurred on tribal land. The court looked at an important case called McGirt v. Oklahoma, which helped answer Martin’s questions about his status as an Indian and where the crime took place. They sent the case back to the local court for a closer look. There, it was determined through evidence that Martin is a member of the Creek Nation with some Indian blood, and the crime occurred within the Creek Nation’s territory. After the local court reviewed the evidence and found in favor of Martin, both sides agreed on important facts about his identity and where the crime occurred. Because of this, the higher court concluded that the state of Oklahoma did not have the right to prosecute Martin under these circumstances. As a result, they overturned the conviction and told the lower court to dismiss the charges against him.

C-2017-1027

Post author:Staff
Post published:April 1, 2021
Post category:C

In OCCA case No. C-2017-1027, Matthew Steven Janson appealed his conviction for aggravated possession and distribution of child pornography. In an unpublished decision, the court decided to reverse the conviction and dismiss the case. One judge dissented. Matthew Steven Janson was charged with two serious offenses related to child pornography in Tulsa County. He entered a plea on February 27, 2017, and was sentenced to ten years in prison with some of his time suspended. Later, Janson filed to withdraw his plea, but the judge denied his request. Janson argued that the court did not have the right to accept his plea because he is a citizen of the Cherokee Nation and the crimes were said to have occurred on the Creek Reservation. This question about jurisdiction went back to the District Court to gather more facts about his Indian status and the crime's location. After looking at the needed evidence, the District Court found that Janson has Cherokee blood and is recognized as an Indian. It also agreed that the crimes took place on land considered to be Indian Country. With these facts, the court concluded that the State of Oklahoma did not have the right to prosecute him. In the end, the court granted Janson's request and reversed his conviction, stating that the case should be dismissed.

PC 2006-0638

Post author:Staff
Post published:February 28, 2007
Post category:PC

In OCCA case No. PC 2006-0638, the petitioner appealed his conviction for manufacturing a controlled dangerous substance, possession of counterfeit bills, and larceny by fraud. In an unpublished decision, the court decided to reverse the lower court's denial of post-conviction relief and ordered a new trial due to ineffective assistance of counsel. One judge dissented. The petitioner had previously been convicted by a jury and sentenced to prison along with fines. After the conviction, the petitioner argued that his trial and appellate lawyers did not perform effectively. He contended that many mistakes were made during his trial, impacting the fairness of his case. The trial court found that the petitioner's attorney did not challenge the way his statement to the police was obtained, which was a significant part of the evidence used against him. The lawyer also failed to ask for important jury instructions and did not properly raise issues on appeal. The trial court agreed that the lawyer made many mistakes, but initially decided that these mistakes did not change the outcome of the case. However, upon review, the appellate court determined that the mistakes made by the lawyer were so serious that they undermined confidence in the trial's outcome. This meant that the petitioner did not get a fair trial, violating his rights. The decision was reversed, and the case was sent back to the lower court for a new trial. This case highlights the importance of having effective legal representation, as mistakes made by lawyers can lead to wrongful convictions or unfair trials.