Conviction Reversed

F-2010-547

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In OCCA case No. F-2010-547, Berry appealed his conviction for Lewd Molestation and Kidnapping. In an unpublished decision, the court decided to uphold Berry's conviction for Lewd Molestation but reversed his conviction for Kidnapping. One member of the court dissented. Berry was found guilty by a jury of Lewd Molestation and Kidnapping in Tulsa County. The case involved a two-year-old girl who wandered away from her home and encountered Berry. Witnesses saw Berry beckon the girl to his truck, pick her up, and drive away. Police later found the girl in Berry's truck, seemingly unresponsive, although no definitive physical harm or evidence of sexual assault was found. Berry argued that he should not have been punished for both crimes because the acts of Lewd Molestation and Kidnapping were connected and arose from the same action. The court agreed that the crimes involved the same incident when Berry took the girl, thus violating Oklahoma's law against double punishment. They affirmed the Lewd Molestation conviction but reversed the Kidnapping conviction, indicating the offenses were inseparable in this instance. One judge disagreed, believing that the Kidnapping and Lewd Molestation were distinct, separate crimes, and thus both should stand.

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F-2005-110

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In OCCA case No. F-2005-110, Marvin Royston White appealed his conviction for three counts of first degree manslaughter due to driving under the influence. In an unpublished decision, the court decided to reverse his convictions and remand the case for a new trial. One judge dissented. Marvin Royston White was found guilty by a jury for causing the deaths of three people while driving after consuming alcohol. The jury set him to serve twenty years for each count, making a total of sixty years in prison. White argued that he did not intentionally drink alcohol that day because he took cold medicine which he didn't know contained alcohol. White claimed that his attorney did not help him properly at trial by not asserting certain defenses, including involuntary intoxication. He mentioned that his attorney didn’t ask for a jury instruction on this defense, simply arguing that he was not guilty due to sleep apnea causing him to fall asleep while driving. The court considered whether the trial court should have instructed the jury on involuntary intoxication since White's defense was that he unknowingly consumed alcohol. The court felt this was important as it could have changed the jury's decision if they understood that his intoxication was not voluntary. Since the lower court did not give that instruction, the OCCA found it to be a major mistake that could have impacted the verdict significantly. Therefore, they decided to reverse White's conviction and ordered a new trial to give him a fair chance to present his defense properly. The dissenting judge believed that the evidence did not support the need for that jury instruction on involuntary intoxication, arguing that White was responsible for his actions and knowingly drove under the influence. Ultimately, White’s appeal was granted, allowing him a chance for a new trial to properly address his defense.

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F 2003-1036

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In OCCA case No. F 2003-1036, Mark Anthony Troutt appealed his conviction for Distribution of Controlled Dangerous Substance (Cocaine). In a published decision, the court decided to reverse his conviction and remand the case for a new trial. One judge dissented. Mark Anthony Troutt was tried and found guilty of distributing cocaine, which is a serious crime. The trial took place in the Oklahoma County District Court. During the trial, Troutt's lawyers argued that he did not receive a fair trial because the judge did not let the jury hear about his defense, which was based on entrapment. Entrapment means that someone was tricked into committing a crime they wouldn’t have done otherwise. The jury decided that Troutt was guilty and gave him a punishment of fifteen years in prison. Troutt did not agree with the decision and decided to appeal, which means he wanted a higher court to review the case. In the appeal, Troutt's lawyers pointed out three main problems with the trial. First, they said the trial judge should have allowed the jury to hear about his defense of entrapment. They believed this was important because the jury needed to decide for themselves if Troutt had been tricked into committing the crime. Second, they claimed that some of the evidence presented during the trial was not relevant and could have unfairly influenced the jury. Third, they argued that together, all these issues made it impossible for Troutt to get a fair trial. After reviewing everything, the court agreed that Troutt had been denied a fair trial. They ruled that the judge's refusal to let the jury consider his entrapment defense was a significant mistake. Because of this, the court decided to reverse Troutt's conviction and ordered a new trial where the jury could properly consider all the evidence, including his defense. The case highlights the importance of a fair legal process and the right for a defendant to have a jury hear their side of the story.

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