Confrontation Right

F-2017-952

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In OCCA case No. F-2017-952, Jerry Don Battenfield appealed his conviction for sexual abuse of a child under age twelve. In an unpublished decision, the court decided to affirm his convictions. One judge dissented. Mr. Battenfield was found guilty without a jury and received a sentence of thirty years in prison and a fine for each of the two counts, which means he must serve over twenty-five years before he can be considered for parole. He raised several arguments on appeal. First, he argued that he did not understand that he was giving up his right to a jury trial. He believed he might face the death penalty, but the court found he was not misled about the possible punishment. Therefore, his claim was denied. Second, he claimed that the judge improperly relied on evidence that was not admitted during the trial. However, the court found that the judge could only use the evidence that was presented and determined there was no error. Third, he argued that there should have been a hearing to check if child hearsay was reliable before it was allowed in court. The court noted that his attorney had actually agreed to let the hearsay in, which meant that there was no error to review. In the fourth point, he contended that some of the child’s statements were allowed into the trial in a way that violated his right to confront witnesses. The court agreed that there was a mistake concerning some statements but concluded the mistake was harmless, as there was enough other evidence to show he was guilty. Fifth, he stated that his lawyer did a poor job for not fighting harder to protect his rights during the trial. However, the court believed that the lawyer did not make any major mistakes that would have changed the outcome of the trial. Finally, he asked for a review based on multiple mistakes during the trial. The court found that the previous issues did not add up to deny him a fair trial. The court affirmed the judgment and said that the decisions made during the trial were generally correct, despite acknowledging a small error regarding the child’s statements. Overall, his appeal was denied, and he will continue to serve his sentence.

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F-2014-942

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In OCCA case No. F-2014-942, Eric Josiah Mardis appealed his conviction for Lewd Acts With a Child Under Sixteen and Engaging in a Pattern of Criminal Offenses in Two or More Counties. In a published decision, the court decided to affirm his convictions but modify his sentences. Two judges dissented regarding the sentence modification. Mardis was found guilty by a jury for multiple counts of lewd acts against a child and received very harsh sentences of 100 years for each of the first five counts and 2 years for the last count, which were to be served one after the other. He questioned the fairness of his trial by stating that the prosecution used information from his mental health records improperly. The court found that while the trial had some errors, they did not significantly harm the fairness of the trial regarding his guilt. However, these errors did affect how the jury decided on his punishment, leading to a modification of those sentences. In his appeal, Mardis raised several concerns, including that his long sentences were cruel and unusual since he was a minor when he committed the offenses. The court noted that he was not given a sentence of life without parole and would have a chance for parole after serving part of his sentence. This meant he had an opportunity for early release based on his behavior and rehabilitation. Mardis also questioned whether there was enough evidence to support his convictions and claimed that his right to confront witnesses was violated when the testimony of a physician’s associate was allowed. The court rejected these claims, finding that there was sufficient evidence to support the jury's decision and that the use of some statements for medical diagnosis purposes did not violate his rights. In summary, his convictions were upheld, but due to the mistakes made during the trial, Mardis's sentences were reduced to 50 years each for the first five counts. This means he would serve a total of 52 years with the last count included. The final decision reflected the need for a fair process while recognizing the severe nature of the crimes committed. Mardis's appeal was partially successful, leading to a lesser punishment than initially given, which was seen as a fair outcome given the legal issues at hand.

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S 2005-702

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In OCCA case No. S 2005-702, Roley appealed his conviction for Child Abuse/Neglect. In a published decision, the court decided to affirm the trial court's ruling. One judge dissented. Michael Ray Roley was charged with child abuse/neglect. This case started in Creek County District Court on November 9, 2004. After some hearings, the judge let Roley go free by granting a motion to quash, which means the charges against him were dismissed before a trial could happen. The State of Oklahoma, which was prosecuting Roley, didn't agree with this decision and decided to appeal it. They brought up three main points they believed were wrong with the judge's ruling. First, they argued that a previous case about a person’s right to confront witnesses didn’t apply to preliminary hearings. They said Roley was claiming a right to confront witnesses too early. Second, the State believed that Roley should not have been allowed to extend this right to preliminary hearings in such a broad way. Finally, they suggested that the court should consider the need to protect the child who was the victim in this case. After thoroughly examining the arguments and evidence, the court agreed with the trial judge’s decision. They highlighted that Oklahoma’s Constitution and laws give a person a right to confront witnesses during preliminary hearings, just like in a full trial. The court also noted that hearsay evidence, or what someone said out of court, could not be used unless the person who made the statement was unavailable. In this case, the children who were supposed to testify did not do so, making what the State presented unacceptable to prove that a crime had happened. The judges deliberated and concluded that the trial judge acted correctly when deciding not to allow the case to proceed based on the evidence presented. Therefore, the court supported the decision of the trial court to grant the motion to quash the charges against Roley, keeping him from being tried. In the end, the court affirmed the lower decision and stated that they would issue a mandate to finalize the ruling. One judge had a different opinion and disagreed, but the majority agreed that the earlier ruling should stand.

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