Constitutionality Archives

F-2019-417

Post author:Staff
Post published:July 30, 2020
Post category:F

In OCCA case No. F-2019-417, Henry Warren Kwe Kwe appealed his conviction for Conjoint Robbery, Shooting with Intent to Kill, Possession of a Sawed-Off Shotgun, and Leaving Scene of a Collision Involving Injury. In an unpublished decision, the court decided to affirm Kwe Kwe's convictions on all counts except for the Victim Compensation Assessment for Count 4, which was vacated. Kwe Kwe dissented. Kwe Kwe was found guilty of several serious crimes stemming from an incident involving a robbery and a shooting. The trial revealed that he, along with accomplices, confronted the victim, demanding her money while one of them displayed a weapon. When the victim attempted to call for help, she was shot in the back with a shotgun. Following this, the robbers took her purse and fled. On appeal, Kwe Kwe raised numerous issues regarding his convictions. He argued that being convicted for both robbery and shooting violated laws against multiple punishments for a single act. However, the court found that the robbery and the shooting were distinct actions. The shooting was meant to prevent the victim from escaping and to eliminate her as a witness, rather than to take possession of her belongings. Kwe Kwe also challenged the sufficiency of the evidence against him, claiming he wasn't the shooter. However, the jury had enough circumstantial evidence to conclude he aided in the crime, as he orchestrated the robbery and knew one accomplice was armed. Also, he was found in possession of a sawed-off shotgun shortly after the incident. The court held that the evidence supported the conclusion he was culpable for aiding and abetting the shooter. Another argument from Kwe Kwe revolved around the legality of the sawed-off shotgun itself. He claimed the prosecution didn't prove the shotgun's barrel was less than 18 inches, which would classify it as sawn-off under the law. Nevertheless, the officer testified that the weapon was a modified sawed-off shotgun and that the jury could determine this after examining it. Moreover, Kwe Kwe claimed that the court’s language when discussing the victim's injuries went against the norms of a fair trial. However, the court found this testimony relevant, as it demonstrated the severity of the attack and the intent behind the actions taken by Kwe Kwe and his accomplices. Lastly, he argued that his legal counsel did not perform adequately by failing to raise certain legal defenses and objections during the trial. Yet, the court determined that any such failures did not adversely affect his rights or the outcome of the case. In summary, Kwe Kwe's convictions remained intact, and while some procedural missteps were noted, none were sufficient to reverse the verdict aside from the correction regarding the Victim Compensation Assessment linked to his charge. The appellate court affirmed the lower court's decision overall, while rectifying the single financial aspect.

RE-2016-1049

Post author:Staff
Post published:August 30, 2018
Post category:RE

In OCCA case No. RE-2016-1049, George appealed his conviction for violating the conditions of his probation. In an unpublished decision, the court decided to affirm the revocation of his suspended sentence in one case and reversed the revocations in three other cases with instructions to dismiss. One judge dissented. George had a history of criminal activity, including a guilty plea to second-degree statutory rape. He received a sentence with parts suspended, allowing him to leave prison if he followed probation rules, including not having contact with minors. This became an issue when George was found to be in contact with his biological son, which he claimed was unconstitutional since he was not the victim of his previous crime. During a hearing, evidence showed that George was discovered with a child, and while he later claimed that it was his son, the court found that the state proved he violated his probation by having contact with a minor. The court affirmed the revocation in the case where this violation occurred, stating that a single violation is enough to revoke probation. However, George was also accused of failing to pay court costs in three other cases. The court decided that there wasn’t enough evidence to prove he failed to pay, thus reversing the decision to revoke his probation in those cases. The court instructed the lower court to dismiss those revocations. This decision recognized the importance of proving probation violations with solid evidence, especially regarding financial obligations.

S-2012-719

Post author:Staff
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-2014-478

Post author:Staff
Post published:June 15, 2006
Post category:F

In OCCA case No. F-2014-478, David Glen Heard appealed his conviction for two counts of Lewd Molestation. In an unpublished decision, the court decided to affirm his conviction but vacated the imposition of post-imprisonment supervision. One judge dissented. David Glen Heard was found guilty of two counts of Lewd Molestation after being tried by a jury in Tulsa County. The charges stemmed from an incident on June 15, 2006, when Heard was observed behaving inappropriately towards two young girls at a Walmart store. He followed them around the store and attempted to look under their dresses. Witnesses reported his unsettling behavior, and he was later found with a pornographic magazine in his car and identified as a registered sex offender. At the time of the incident, he was on probation for previous sex-related offenses against children. During the trial, testimonies from various witnesses were presented, including a woman who testified about a similar incident involving Heard from years prior. Evidence was admitted under the law to show motive and absence of mistake, which supported the prosecution's case against him. Heard raised several arguments during his appeal, including claims that the statute he was convicted under was vague, the admission of other testimonies was inappropriate, and errors in jury instructions and the failure of his counsel to object to certain evidence. The court found that the law did not provide for a vagueness claim since Heard's actions clearly violated the statute in question. The admission of prior testimonies was ruled permissible as relevant to the case. The trial court’s instructions were also deemed not harmful to the verdict. However, the court recognized an error when ordering post-imprisonment supervision, as it was not authorized for the crimes Heard committed at the time. Thus, while his conviction was confirmed, the order for post-imprisonment supervision was vacated. Ultimately, Heard’s two twenty-year sentences were upheld due to the nature of his actions and background as a repeat offender.