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F 2002-809

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In OCCA case No. F 2002-809, the appellant appealed his conviction for trafficking in illegal drugs and possession of a firearm while committing a felony. In a published decision, the court decided to reverse the conviction. One judge dissented. Russell Andrew Doza was found guilty of trafficking in methamphetamine and possessing a firearm during a felony. The trial took place in Logan County, where the judge sentenced him to ten years in prison for the drug charge and two years for the firearm charge. The sentences were set to be served at the same time. The main point of the appeal was whether the police officers had the right to search his car. The appellant argued that the officers were outside their legal area when they conducted the search. The court agreed with him, referencing a previous case that stated police cannot perform searches outside their jurisdiction. Because the evidence used against him was obtained unlawfully, the court found there was not enough evidence to support his convictions. Therefore, they reversed the lower court's decision and instructed that the case be dismissed.

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F 2000-321

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In OCCA case No. F 2000-321, Lourinda (Givens) Leggett appealed her conviction for First Degree Manslaughter. In an unpublished decision, the court decided to reverse her conviction and remand the case for a new trial. One judge dissented. Lourinda (Givens) Leggett was found guilty of First Degree Manslaughter by a jury. She was given a 28-year prison sentence, with 15 years suspended. Afterward, she filed a motion for a new trial, which was denied. On appeal, she raised two main errors. First, she argued that her lawyer should have presented evidence about battered woman syndrome, which could have helped her defense. Second, she claimed that the jury received confusing instructions regarding different defenses, which affected the trial's fairness. The court looked carefully at the case, including records and arguments from both sides. They agreed with Lourinda that her lawyer’s decision not to call an expert on battered woman syndrome was not a good choice and had negatively affected her defense. They believed that this choice made it hard to trust the jury's decision. Therefore, they reversed the trial court's decision and ordered a new trial. Since the court found merit in the first point raised by Lourinda, they didn't need to address the second error she mentioned. The court’s decision meant that Lourinda would get another chance in court to present her case.

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F-2002-552

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In OCCA case No. F-2002-552, Jack Leroy Helms appealed his conviction for Unlawful Possession of Obscene Pictures of Minors. In an unpublished decision, the court decided to affirm Helms's conviction but to modify his sentence to two years of imprisonment. One member of the court dissented. The case began when Helms was tried by a jury and found guilty of having illegal pictures of minors. The trial took place in Jefferson County. The jury recommended a 15-year sentence, and the trial judge sentenced Helms accordingly. However, Helms argued that he should have been charged under a different law that applied specifically to possession of child pornography, which would result in a shorter sentence. The court agreed that Helms should have been charged under the more specific statute, but they affirmed his conviction. They also decided that his imprisonment sentence should be reduced to two years instead of the original 15 years. Helms raised several issues during his appeal, claiming that he was unfairly treated during the trial, that there wasn't enough evidence against him, and that his sentence was too harsh. The court found that the evidence was sufficient to uphold his conviction, as there were witnesses and online activities that indicated he had access to the illegal pictures. In the end, Helms's conviction was upheld, but changes were made to the judgment to show he was convicted under the correct law and his sentence was adjusted to be less severe. The decision allowed some correction but ultimately found in favor of the prosecution's case against Helms.

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C 2002-1379

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In OCCA case No. C 2002-1379, the petitioner appealed his conviction for kidnapping. In a published decision, the court decided to grant the appeal and remand the case for a proper hearing on the petitioner's application to withdraw his plea. One judge dissented. The case started when the petitioner entered a guilty plea to the crime of kidnapping. He was sentenced to seventeen years in prison as part of a plea agreement. However, shortly after, the petitioner wanted to withdraw his guilty plea. He filed a motion for this, but during the hearing, he was not present, even though he had the right to be there. His lawyer asked the court to move forward without him, believing it was best since the petitioner was already in custody. The court looked at whether the absence of the petitioner from this critical hearing was a serious mistake. The petitioner did not agree to waive his right to be present, which the court pointed out as important. The judges discussed that being absent from such a crucial part of the trial could lead to unfair treatment. While the State argued that the absence was not a big deal and didn't affect the outcome, the court disagreed. They emphasized that this hearing was meant to gather facts and needed the petitioner's presence. The court found that merely saying the absence was harmless was not enough in this case. The lawyer who represented the petitioner at the hearing did not provide evidence or firsthand statements from the petitioner, only mentioning a letter the petitioner had written earlier. The court raised concerns that the lawyer might not have properly consulted with the petitioner about not attending the hearing. Since the petitioner claimed he entered the plea without properly thinking it over and believed he had a valid defense, the case could not fall under rules that would let the court dismiss his request without consideration. The judges decided that the petitioner's right to a fair hearing had been violated because he was not there to fully participate and because his lawyer did not act effectively for him in this situation. Therefore, the court ruled that the case should go back to the district court to ensure the petitioner can have a complete hearing on his wish to withdraw his guilty plea.

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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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F 2002-175

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In OCCA case No. F 2002-175, James Dale Vaughn appealed his conviction for Trafficking Methamphetamine. In an unpublished decision, the court decided to affirm the convictions but modified the sentence for one of the counts. One judge dissented. Vaughn was found guilty of several charges after a police search of his home revealed drugs and a firearm. The police had a search warrant based on information from a confidential informant who claimed Vaughn was selling methamphetamine. During the search, officers discovered methamphetamine in various amounts, drug paraphernalia, and a firearm. Vaughn argued that the search warrant was improperly issued because it relied on hearsay from the informant that was not verified. The court found that there was enough information to justify the warrant and allowed the evidence found during the search to be admitted in court. Additionally, Vaughn claimed the trial court should have required the state to reveal the informant's identity. However, the court decided that the informant's identity was not relevant to Vaughn's defense, and so did not need to be disclosed. Finally, Vaughn argued that the jury was not properly instructed on the possible punishment for one of his charges. The court agreed that the instruction was incorrect and reduced the sentence for that particular charge, while upholding the convictions for the other charges. Thus, the overall decision allowed the convictions to stand, but changed the punishment for one count.

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RE-2002-174

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In OCCA case No. RE-2002-174, the appellant appealed her conviction for various crimes related to embezzlement and forgery. In an unpublished decision, the court decided to modify the revocation of her suspended sentence. One judge dissented. The case began in 1995 when the appellant was sentenced to five years of imprisonment, which was suspended, meaning she would not go to prison immediately if she followed certain conditions. These conditions included paying back over $35,000 to the victim of her crimes as restitution, reporting to a probation officer, and not changing her residence without permission. In 1997, the state said the appellant broke the rules of her probation by failing to report to her probation officer, changing her residence without permission, and not paying her restitution as required. A judge found that she did violate her probation, but there were multiple delays in resolving her punishment, which lasted about four and a half years. In 2001, the appellant missed a court hearing, and the court issued a warrant for her arrest. After her arrest in January 2002, a final hearing took place where the judge ordered her to serve the full five years of her sentences and added extra fees for sheriff's costs. The appellant then appealed this decision, proposing several arguments against the court's order: 1. She argued that the sheriff's fees were imposed unlawfully and violated her rights. 2. She claimed the restitution amount was uncertain and should not be required. 3. She believed the court could not revoke her suspended sentence after such a long time. 4. She felt her due process rights were violated because the imposed punishment was excessive. After reviewing the case, the court agreed with some of the appellant's points. It decided that the sheriff's fees were not legally appropriate because they cannot be added after a sentence has been given. They also found that appellant’s arguments about the restitution were too late because those challenges should have been made back in 1995 when the restitution was set. However, the court did agree with the appellant that it was too long between when she was sentenced and when her probation was revoked; thus, they ordered that her two five-year sentences should run at the same time (concurrently) instead of one after the other (consecutively). In conclusion, the court modified the earlier order by removing the sheriff's fees and adjusted how long the appellant would be imprisoned.

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RE-2001-1120

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In OCCA case No. RE-2001-1120, Mitchell Wayne Pate appealed his conviction for Felony Omission to Provide for a Child. In a published decision, the court decided to modify the partial revocation of his suspended sentence. The State agreed that the appeal had merit, and the court changed the previous decision to state that only one year and six months of Pate's suspended sentence is revoked.

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F-2001-46

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In OCCA case No. F-2001-46, Harold Edward McHam appealed his conviction for Kidnapping and Indecent Proposal. In an unpublished decision, the court decided to reverse the conviction for Kidnapping and affirm the conviction for Indecent Proposal. One judge dissented regarding the Kidnapping conviction. Harold McHam was found guilty in a trial that took place from October 10 to October 12, 2000, in Choctaw County District Court. He was convicted of two charges: Kidnapping and Indecent Proposal. The jury sentenced him to one year in prison for each count, and the sentences were set to be served one after the other. The judge also ordered McHam to pay $1,000 in incarceration fees for his time spent in jail. McHam raised several concerns during his appeal. First, he argued that the incarceration fees imposed on him violated his rights because they were not calculated according to the law. The court found that the trial judge did not show how the $1,000 fee was determined, and whether it would create hardship for McHam and his family. Thus, the fees were removed and the case was sent back to the district court to handle the fees properly. Second, McHam claimed there was not enough evidence to prove he kidnapped anyone. The court agreed, stating that a key part of the kidnapping charge was not supported by enough proof. The court saw that the evidence didn’t clearly show that McHam meant to secretly keep anyone confined against their will. Therefore, his Kidnapping conviction was overturned. Finally, McHam also argued that the punishment he received was too harsh. However, this point did not need to be discussed because the Kidnapping conviction was already reversed. On the other hand, the court upheld the conviction for Indecent Proposal, stating that there was enough evidence for that charge. In summary, the court decided to dismiss the Kidnapping charge, keep the Indecent Proposal charge, and take another look at the fees McHam was ordered to pay.

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RE 2000-1512

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In OCCA case No. RE 2000-1512, the appellant appealed her conviction for Omission to Provide for a Minor. In an unpublished decision, the court decided to reverse the revocation of the appellant's suspended sentence and send the case back for further proceedings. One judge dissented. The case began when the appellant, in 1998, pled guilty to not providing for a minor. Instead of going to jail, she was given a chance to prove herself with what is called a deferred sentence. This means that if she followed the rules for a certain period, she wouldn’t have to serve time. However, in July 1999, the state decided to put her on a faster track to face her punishment due to some issues that had come up. In February 2000, the court decided to give her a suspended sentence of four years. This meant she wouldn’t go to jail but would have to follow certain rules. In September 2000, the state complained that she wasn’t following those rules, so they filed a motion to revoke her suspended sentence. The court held a hearing about this in November 2000 and decided to take away her suspended sentence entirely. The appellant then appealed this decision, meaning she wanted a higher court to look at whether the lower court made mistakes. She argued three main points in her appeal: 1. She claimed that the court made a big mistake by revoking her sentence with a lawyer who had conflicts of interest. This was important because having a lawyer who could represent her well was her right. 2. She said that the evidence used to take away her sentence was not good enough. In her view, the state did not prove that she had truly broken the rules. 3. She also believed that the revocation of her sentence was too harsh, especially because of the lack of strong evidence against her. During the hearing, it became clear that the lawyer who represented her in both her first plea and during the revocation hearing had ties to the state. This was considered a conflict of interest, which the court emphasized is not acceptable. In the end, the court found that the appellant was right about the conflict of interest and that this issue was serious enough to reverse the decision made by the lower court. The case was sent back for further proceedings where these problems with her representation could be addressed.

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RE-2000-1566

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In OCCA case No. RE-2000-1566, the appellant appealed his conviction for unlawful possession and distribution of controlled drugs. In a published decision, the court decided to vacate the order that suspended the appellant's sentences and remanded the case for further proceedings. One judge dissented. The case began when the appellant was found guilty of possessing cocaine, methamphetamine, and distributing drugs to a minor. These offenses happened on January 30, 1994, and the appellant entered guilty pleas on March 27, 1995. As part of a plea agreement, the state recommended a fifteen-year sentence for each charge, which was to be served concurrently. The court accepted the pleas and suspended the sentences under probation conditions. In 1998, the state sought to revoke the suspended sentences because the appellant was allegedly found in possession of methamphetamine. During the revocation hearing, the judge ordered the sentences to be revoked in full based on the evidence presented. The appellant argued that the case should be sent back to the lower court, allowing him to withdraw his guilty plea, referencing a previous case for support. The court noted that the appellant had not previously disclosed several felony convictions before accepting his guilty plea, which raised questions about the validity of the initial suspended sentence. The court ruled that the suspensions were invalid due to legislative restrictions against suspending sentences for individuals with previous felony convictions. As a result, the court instructed the lower court to hold further proceedings consistent with the decision referenced in the previous case. Additionally, it was ordered that the appellant be given a chance to withdraw his guilty plea. If he chose to do so, the prior convictions would be vacated, allowing the state to prosecute him again if necessary. If he decided to keep the guilty plea, the sentences would be executed immediately, with credit given for the time already served. Ultimately, the court's decision led to the dismissal of remaining errors regarding the revocation orders, as they were deemed moot now that the suspension orders were vacated.

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F-2000-484

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In OCCA case No. F-2000-484, Sam Henry Watkins appealed his conviction for Endeavoring to Manufacture Methamphetamine. In an unpublished decision, the court decided to reverse his conviction and remand the case for a new trial. One judge dissented. Watkins was tried in a court without a jury and found guilty of trying to make methamphetamine. He was given a 20-year prison sentence. Watkins claimed that there were several mistakes made during his trial that should change the decision. He argued that: 1. He did not properly give up his right to have a jury trial. 2. The police illegally took evidence from him and questioned him. 3. Inappropriate evidence was used against him, which made his trial unfair. 4. He did not have good help from his lawyer. The court looked carefully at all these points and the entire situation. They concluded that Watkins did not show that he willingly gave up his right to a jury trial, which was important. The court noted that there was no proof that he understood what giving up that right meant. Therefore, this was a mistake. As for the evidence collected from Watkins, the court decided that it did not need to change the decision. The court found no error in the way the police handled the evidence during his detention. In the end, the court reversed Watkins's conviction and sent the case back for a new trial. This meant that he would get another chance to defend himself against the charges.

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