Convicted Felon

F-2017-528

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In OCCA case No. F-2017-528, Darrien Hasmii Clark appealed his conviction for Murder in the First Degree and several other charges, including Assault and Battery with a Deadly Weapon. In an unpublished decision, the court decided to affirm the convictions. One judge dissented. Darrien Clark was found guilty by a jury of murdering a convenience store clerk after he shot the clerk multiple times during a robbery. The jury also convicted him on other charges involving a separate shooting incident. Clark was sentenced to life in prison without the chance of parole for the murder, and he received additional sentences for the other crimes, which will be served consecutively. During the trial, Clark's defense raised several issues. He argued that his murder case and the other cases should not have been tried together, but the court ruled that the similar nature of the crimes justified this decision. The evidence showed that both incidents involved the same weapon and occurred in a close time frame, which the court found relevant for judicial efficiency. Clark also tried to present evidence to suggest that someone else committed the murder, arguing that another man who was initially arrested should be considered a suspect. However, the court found that there wasn’t enough reliable evidence to support this claim. In addition, Clark claimed that the prosecution improperly introduced victim impact evidence during the trial. The court determined that the evidence was relevant to the case and did not constitute a plain error. Another argument made by Clark was that he acted in self-defense during the shooting of another man. The jury was instructed about self-defense laws, and the evidence presented suggested that Clark was the aggressor in that situation. The court concluded that any rational jury could determine that he did not act in self-defense. Lastly, Clark argued that the combination of errors throughout the trial denied him a fair trial. However, since the court found no significant errors, they denied this claim as well. The court ultimately decided to uphold the convictions and sentences issued by the lower court.

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F-2018-477

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In OCCA case No. F-2018-477, Gerald L. Taylor appealed his conviction for Robbery with a Firearm and Unlawful Possession of a Firearm by a Convicted Felon. In an unpublished decision, the court decided to affirm his conviction. One judge dissented. Gerald L. Taylor was found guilty of serious crimes, including robbery using a firearm and having a firearm when he was not allowed to have one due to past convictions. The trial took place in Oklahoma County, where the judge sentenced Taylor to a total of thirty-five years in prison. Taylor raised several issues on appeal. First, he argued that his incriminating statements should not have been allowed in court because he wanted to remain silent. The court looked at whether he had clearly stated this right. It found that even though he initially said he didn’t want to talk, he later chose to answer questions. Therefore, the court believed he willingly spoke to police after being informed of his rights and upheld the decision to admit his statements. Second, Taylor claimed that the trial judge made a mistake by not allowing the removal of a juror who he thought could not understand English well enough to participate in the trial. However, the judge questioned the juror and decided she was competent. Since Taylor had not properly objected to the juror's presence and even invited the situation, this issue was not considered a strong point for his appeal. Third, Taylor stated that his lawyer did not help him effectively, especially concerning the juror issue. However, the court found that despite any possible mistakes, the evidence against Taylor was very strong. His lawyer’s actions did not cause him to lose a fair trial. Lastly, Taylor claimed that even if no single error was enough to change his conviction, the overall combination of issues should lead to a new trial. The court ruled that there were no errors significant enough to warrant a new trial or change in his sentence. In conclusion, the court upheld the original judgment and Taylor's sentences, indicating that he received a fair trial despite his complaints.

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S-2018-978

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**State v. Cousan: Summary of the Court's Decision** In the case of *State of Oklahoma v. William Lee Cousan*, the Oklahoma Court of Criminal Appeals addressed the legality of the police actions leading to the arrest of Cousan and the subsequent search of his person that resulted in the discovery of crack cocaine. **Background:** William Lee Cousan was charged with Illegal Drug Trafficking, Unlawful Possession of Drug Paraphernalia, and Unlawful Possession of a Firearm by a Convicted Felon. The charges arose from a police investigation initiated by an anonymous tip suggesting that Cousan was dealing drugs from a Motel 6 room. Following a surveillance operation and gathering additional evidence, police obtained a search warrant for Cousan's motel room. While executing the warrant, Cousan left the motel in a vehicle, and police conducted a traffic stop approximately eight blocks away. During this stop, officers found cocaine on him and placed him under arrest. Cousan argued that the officers exceeded the scope of the search warrant during his detention and that the subsequent search of his person was unlawful. **District Court Ruling:** The district court agreed with Cousan's motion to suppress evidence, stating that the search was not justified as incident to the execution of the search warrant since it occurred outside the immediate vicinity of the premises. **Court of Criminal Appeals Decision:** The Oklahoma Court of Criminal Appeals reversed the district court's ruling, holding: 1. **Probable Cause:** The court found that the officers had probable cause to arrest Cousan at the time of his detention based on the tips and surveillance evidence indicating he was dealing drugs. 2. **Lawful Search Incident to Arrest:** The search of Cousan's person was deemed lawful as a search incident to arrest because probable cause existed for that arrest, independent of the execution of the search warrant. 3. **Inevitability Doctrine:** Even if the court did not find probable cause at the time of the stop, the officers could have made a valid investigative stop based on reasonable suspicion. Given the circumstances, the evidence inevitably would have been discovered after the execution of the warrant. 4. **Categorical Detention Rules:** The appeals court acknowledged that while the detention of Cousan was not justifiable under the Summers rule (as it did not occur immediately near the premises), the officers still had the right to detain Cousan based on the totality of circumstances, including the undercover work that had identified him as a key suspect. **Conclusion:** The appellate ruling overturned the district court's decision to suppress the evidence found on Cousan, allowing the State of Oklahoma to continue its prosecution for illegal drug trafficking and associated charges. **Final Note:** The opinion reflects on the importance of understanding both the probable cause standard for arrest and the rules surrounding lawful searches and seizures, emphasizing the balance between individual rights and public safety in law enforcement practices.

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F-2018-411

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In OCCA case No. F-2018-411, Joey Elijo Adames appealed his conviction for Conspiracy to Distribute a Controlled Dangerous Substance and Unlawful Possession of a Firearm by a Convicted Felon. In a published decision, the court decided to uphold his convictions and the order revoking his suspended sentences. One judge dissented. The case began when Adames was charged with several serious offenses. After a trial, a jury found him guilty, and he was sentenced to a total of 45 years in prison. This included 35 years for the conspiracy charge and 10 years for the gun possession charge, and the sentences were ordered to be served one after the other. Adames had previous felony convictions, which affected his sentences. Furthermore, Adames had prior suspended sentences due to earlier charges, including Domestic Assault and Battery with a Dangerous Weapon. The state decided to revoke those suspended sentences after Adames committed the new crimes. During the trial, Adames argued that the prosecutor acted unfairly by making comments that hinted he should have testified, which he did not. He believed this made it hard for him to get a fair trial. However, the court examined Adames' claims. They found that the prosecutor’s comments did not directly force attention to the fact he did not testify and were within the acceptable limits of court arguments. The judges believed the jury was properly instructed to not hold his silence against him, and thus they did not see an error in the trial process. Adames also complained about the sentencing part of the trial, saying the prosecutor made remarks that were inappropriate and could have influenced the jury to give him a harsher sentence. Again, the court found that the comments focused more on his past behavior and did not unfairly sway the jury’s decision. Lastly, about the revocation of Adames' previous suspended sentences, he argued that he should have had a hearing within 20 days after pleading not guilty to the revocation. The court reviewed the record and concluded that Adames had waived his right to that fast hearing when he entered his plea of not guilty. Therefore, the court ruled that since no rule was broken, the revocation of his suspended sentence was valid. In summary, the court found no significant errors in Adames' trial or the revocation order. As a result, his convictions and the revocation of his suspended sentences were upheld, affirming the decisions made by the lower court.

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F-2017-1191

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In OCCA case No. F-2017-1191, Leroy Edward Gilbert, Jr. appealed his conviction for First Degree Murder. In an unpublished decision, the court decided to affirm the conviction. One justice dissented. The case involved the murder of Erma Jean Goodou, who was killed in 1994. For many years, the murderer remained unknown. Goodou was found dead in her home, showing signs of a violent struggle. There were indications that someone entered through a window, attacked her, and fled. Despite extensive investigation, her murder stayed unsolved for almost twenty years. In 2013, some of the evidence was retested, which produced DNA that identified Gilbert as the suspect. He had previously denied knowing Goodou despite having been a high school acquaintance. His fingerprints were also found at the crime scene. During the trial, Gilbert testified, claiming they had a secret relationship and tried to explain the presence of his DNA and prints, but the evidence was compelling against him. Appellant's arguments in the appeal included claims of improper jury instructions regarding the 85% Rule, prosecutorial misconduct, and ineffective assistance of counsel. The court found that while there were errors in jury instructions, specifically about the 85% Rule not being applicable to his case, these did not affect his substantial rights or the outcome. The comments made by the prosecutor during the trial were also deemed not to have harmed Gilbert's defense. Ultimately, despite a dissenting opinion regarding the impact of those errors, the court upheld the trial's decision, maintaining Gilbert's conviction for First Degree Murder and sentencing him to life without the possibility of parole.

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RE-2017-484

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**IN THE COURT OF CRIMINAL APPEALS OF THE STATE OF OKLAHOMA** **JERMAINE THRASH,** Appellant, **VS** **THE STATE OF OKLAHOMA,** Appellee. **No. RE-2017-484** **Filed April 4, 2019** **SUMMARY OPINION** **KUEHN, VICE PRESIDING JUDGE:** Appellant, Jermaine Thrash, appeals from the revocation of his ten-year suspended sentence in Case No. CF-2005-4341 in the District Court of Oklahoma County, by the Honorable Michelle D. McElwee, District Judge. On October 11, 2005, Appellant entered a plea of guilty to Count 1 - Rape in the First Degree; and Count 2 - Forcible Oral Sodomy. He was sentenced to fifteen years for each count with the first five years to be served and the remaining ten years suspended, with the sentences running concurrently. On September 29, 2015, the State filed an application to revoke Appellant's suspended sentence, alleging multiple violations of probation: testing positive for illegal drugs, failure to pay supervision fees, failure to participate in a sex offender treatment program, and possession of pornographic material. Appellant waived the twenty-day hearing requirement, and the hearings were subsequently continued several times to allow him to comply with probation requirements. The revocation hearing took place on May 1, 2017, before Judge McElwee. The State's witness, Megan Hicks, Appellant's probation officer, testified about Appellant's consistent failures to complete his probation requirements. She noted his non-participation in court-ordered sex offender treatment and multiple positive drug tests, including methamphetamines and cocaine, spanning over several months between 2015 and 2017. Notably, Appellant admitted to using drugs even shortly before the hearing. Appellant offered mitigation, arguing that he used drugs to cope with his circumstances as a convicted felon and sex offender. However, the court found that his continued drug use and failure to adhere to his probation terms constituted substantial violations. On appeal, Appellant asserts that his violations were merely technical and therefore do not justify the full revocation of his sentence. However, the ruling emphasizes that continued drug use while on probation is not merely a technical violation. The court noted that Appellant had numerous opportunities to comply with the probation requirements, and the trial judge's discretion in revoking the suspended sentence was upheld. **DECISION:** The order of the District Court of Oklahoma County revoking Appellant's ten-year suspended sentence in Case No. CF-2005-4341 is AFFIRMED. The MANDATE is ORDERED issued upon the filing of this decision. **APPEARANCES:** **FOR APPELLANT:** Kenda H. McIntosh Andrea Digilio Miller Oklahoma County Public Defender **FOR THE STATE:** Merydith Easter Mike Hunter Oklahoma County District Attorney Jennifer Miller Assistant Attorney General **OPINION BY:** KUEHN, V.P.J. **CONCUR:** LEWIS, P.J., LUMPKIN, J., HUDSON, J., ROWLAND, J. [Download PDF](https://opinions.wirthlawoffice.com/wp-content/uploads/RE-2017-484_1734711166.pdf)

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RE 2002-0387

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In OCCA case No. RE 2002-0387, a person appealed his conviction for robbery with a dangerous weapon. In a published decision, the court decided to reverse the revocation of his suspended sentence. One judge dissented. The case began when the appellant pled guilty to robbery with a dangerous weapon on October 5, 2000, and received a six-year suspended sentence along with a $1,500 fine. He was also given rules to follow while on probation. A little over a year later, on January 1, 2002, the state filed a petition to revoke the appellant's suspended sentence. This meant they wanted to take away his suspended sentence because they believed he broke the rules. The hearing took place on February 27, 2002. The judge found that the appellant had violated some conditions of his probation, which led to three years being taken away from his suspended sentence. The appellant was only fifteen when he committed the crime and was still just seventeen at the time of the hearing. During the appeal, the appellant argued that the evidence the state provided was not good enough to prove he violated his probation. He also said that taking away three years of his suspended sentence was too harsh, especially since there were reasons that might lessen his punishment. The case included the fact that the appellant had not finished high school, and he had a lot of rules to follow without any support or treatment. One specific rule was that he could not hang out with people who had criminal records. The state claimed that he broke this rule by being around a certain person who had a felony conviction. However, during a trial, the appellant explained that being in a large group did not mean he was talking to or hanging out with that person. The state argued that they had enough evidence since the transcripts from another trial included the appellant's testimony. However, these transcripts were not available for the court to review in this case. In the end, the court agreed with the appellant that the evidence was not strong enough to prove he had violated the probation rules. Because of this lack of evidence, the court reversed the decision made to revoke the suspended sentence and ordered it to be dismissed.

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