Crack Cocaine

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-2013-11

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In OCCA case No. F-2013-11, James Earl Darton appealed his conviction for first degree murder, possession of a firearm after a felony conviction, and domestic assault and battery. In a published decision, the court decided to affirm Darton's convictions and sentences while modifying the sentence for the domestic assault and battery charge. One judge dissented. Darton was found guilty of killing Kimberly Ragland, who was found shot in her car. Prior to her death, Ragland had a tumultuous relationship with Darton, which included a previous altercation that led her to seek a protective order against him. This protective order prohibited Darton from being near her, which he violated on the night of the murder. On that night, after a fight where Darton hit Ragland and used a stun gun on her, she was later taken away by Darton, where her murder occurred. Darton was arrested and claimed he had left with a different person. The jury found him guilty based on evidence presented during the trial, including his motive for killing Ragland due to financial loss from the protective order. In his appeal, Darton raised several issues. First, he argued that the sentence for domestic assault was improperly increased based on a law that was not applicable at the time of his offense. The court agreed that this was indeed an error and reduced his sentence for that charge. He also claimed evidence of his drug dealing should not have been allowed during the trial. However, the court found that this evidence was relevant to show Darton’s motive to murder Ragland since her protective order affected his ability to sell drugs. Lastly, Darton asserted that he did not have competent legal representation during his trial. The court reviewed his claims about his lawyer’s performance and ultimately decided that his attorney’s actions were part of a reasonable strategy and did not significantly harm Darton's case. Overall, the court affirmed most of the lower court's judgments but corrected the sentence related to the domestic assault charge.

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F-2012-732

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In OCCA case No. F-2012-732, Omar Sharrod Pollard appealed his conviction for Unlawful Distribution of a Controlled Dangerous Substance (crack cocaine). In an unpublished decision, the court decided to affirm Pollard's conviction but modified his sentence. One Justice dissented. Here’s a breakdown of what happened in this case: 1. **Background**: Pollard was tried by a jury and found guilty of selling crack cocaine. He had prior felony convictions, which were used to enhance his sentence. The jury decided on a punishment of forty years in prison. 2. **Issues on Appeal**: Pollard raised several points in his appeal: - He claimed that he did not receive a fair trial due to the admission of multiple felony convictions from the same event to enhance his sentence. - He alleged prosecutorial misconduct that he believed made his trial unfair. - He argued that he did not receive effective help from his lawyer during the sentencing phase. - He said that information about his previous suspended sentences should not have been shared with the jury during the trial. - He questioned whether there was enough evidence for his conviction. - He thought his sentence was too long. - He claimed the accumulation of errors in his trial prevented a fair process. 3. **Court's Findings**: The court reviewed Pollard's claims. They concluded that while he did not need to reverse the conviction, his sentence needed to be adjusted. The court acknowledged two specific errors concerning how the State presented Pollard's prior convictions and the details of his past sentences to the jury. 4. **Errors Identified**: - It was wrong for the jury to hear about Pollard’s multiple felony convictions from the same incident. The law states that for estimating punishment, the jury should only be aware of one conviction from a single event. - Additionally, disclosing that some of his previous sentences were suspended was inappropriate. This information could have biased the jury against him and influenced their decision on sentencing. 5. **Conclusion**: The court felt that these mistakes likely swayed the jury's decision on Pollard's punishment. Therefore, they decided to reduce Pollard's prison sentence from forty years to twenty-five years. The judgment of the district court was affirmed, but Pollard's sentence was modified to a lesser term of 25 years in prison.

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F-2011-563

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In OCCA case No. F-2011-563, Ronnie Lee Martin appealed his conviction for Trafficking in Illegal Drugs After Former Conviction of Three Felonies. In an unpublished decision, the court decided to reverse the conviction and remand for further proceedings consistent with the opinion. One judge dissented. Ronnie Lee Martin was found guilty after a bench trial, meaning there was no jury, and received a life sentence without the chance for parole. Martin's case stemmed from a traffic stop where drugs were discovered in his possession. The police officer who stopped the car noticed Martin acting suspiciously and later found a substantial amount of crack cocaine during a search of Martin's belongings. Initially, Martin was charged with possession of cocaine with the intent to distribute, which could have resulted in a sentence of four years to life. However, a plea deal of ten years was offered but not accepted due to Martin's attorney advising against it. Later, after more evidence was presented, Martin was charged with the more serious crime of trafficking, which led to a mandatory life sentence without parole. Martin claimed his attorney failed to provide effective counsel, particularly in advising him about the plea deal. The court found his attorney's performance to be deficient, as he did not read important documents that would have clarified the seriousness of Martin’s situation. Additionally, the attorney failed to prepare properly for both pretrial motions and the trial itself. The court looked at the history of Martin's defense lawyer and noted that this attorney had been previously disciplined for ineffective practices, which raised concerns about Martin's representation throughout the trial. The judge stated that Martin was denied a fair trial, and as a result, the court had no choice but to reverse the conviction and send the case back for a new trial. In summary, the court determined that due to many errors made by Martin's lawyer, he did not receive sufficient legal representation, and therefore, his convictions could not stand. Martin’s journey through the legal system was marked by these failings, which ultimately led to the court's decision to give him another chance to defend himself properly.

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F-2009-563

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In OCCA case No. F-2009-563, Hall appealed his conviction for trafficking in illegal drugs. In an unpublished decision, the court decided to affirm his conviction and sentence but modified the amount of his fine. One judge dissented. Hall was found guilty by a jury and sentenced to thirty years in prison and a $25,000 fine. He raised three main points in his appeal. First, he argued that the trial court made a mistake when trying to explain reasonable doubt to the jury. The court found no error here since the trial did not misdefine the term. Second, Hall felt that the jury was given the wrong information about the possible punishment range. However, the court confirmed the instructions were correct but agreed that the fine was set improperly. They ended up reducing Hall's fine to $10,000 because the jury had been given the wrong information about the fine amounts. Lastly, Hall's appeal included a claim that he should have been allowed to argue for a lesser charge related to drug possession, but the court ruled there wasn't enough evidence for this. In summary, the court upheld Hall's conviction and prison sentence, but they lowered the fine he had to pay.

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F-2006-113

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In OCCA case No. F-06-113, Brown appealed his conviction for drug trafficking and other charges. In a published decision, the court decided to affirm the convictions related to drug trafficking and possession with intent to distribute but reversed the conviction for possession of MDMA with intent to distribute, ordering it dismissed. One judge dissented regarding the dismissal of the MDMA possession charge. Brown was on trial for three main charges: trafficking in illegal drugs (crack cocaine), possession of MDMA with intent to distribute, and eluding a police officer. He was sentenced to life in prison without parole for trafficking, along with fines for the other charges. The case started when Brown led police on a car chase. During the chase, he threw out a bag that was later found to contain crack cocaine and MDMA pills. Brown argued that the trial court made mistakes, including not allowing him a continuance to prepare for trial after he decided to represent himself. The court noted that Brown had a long time to prepare since the case had been ongoing for two years and had already received several continuances. When he asked for a delay on the morning of the trial, it was denied since Brown had indicated he wanted to proceed. He also argued that he should have been given a lesser charge of possession with intent to distribute instead of trafficking. However, since he had over 16 grams of crack cocaine, which met the requirements for trafficking, the court did not agree with this. In another point, Brown claimed that having charges related to two different drugs was unfair and violated laws against double punishment for the same act. The court agreed that both drugs were in one bag and thus counted as a single act, leading them to reverse the MDMA conviction. Brown complained about the removal of a juror who was an intern for the public defender's office, claiming it was unjust. The court found that the trial judge acted properly to ensure an unbiased jury since the intern had worked with Brown's attorney. Lastly, Brown argued that his life sentence was harsh and that he was not allowed to present evidence in his favor during sentencing. However, the court pointed out that presenting such evidence is not a right in non-capital cases. Overall, the court upheld most of the trial's decisions while acknowledging a legal distinction that warranted the dismissal of the MDMA charge. One judge disagreed, feeling the convictions were justified and should stand.

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RE-2004-812

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In OCCA case No. RE-2004-812, Duckett appealed his conviction for Unlawful Possession of A Controlled Drug. In a published decision, the court decided to reverse the order of the District Court regarding the revocation of Duckett's suspended sentence and instructed the court to dismiss the case, leading to Duckett's immediate release. One judge dissented. The case began when Duckett entered a guilty plea for possessing crack cocaine and was given a three-year suspended sentence. However, in 2002, the state wanted to revoke this sentence due to alleged violations of probation. Duckett was arrested and confessed to violating the terms of his probation in early 2003, but his sentencing was postponed several times. When Duckett failed to appear for a hearing in June 2004, a warrant for his arrest was issued. After being taken into custody, he had his sentencing hearing on July 26, 2004, during which the court revoked his suspended sentence due to his absence at the earlier hearing. Duckett appealed this decision, arguing that the court could not revoke his probation after his three-year term had expired. The court agreed with Duckett's argument, stating that the District Court did not have the authority to sentence him after the probation had ended. Although the court had taken steps to help him, such as continuously supervising his probation, the law does not allow for a suspended sentence to be extended indefinitely. The ruling emphasized that once the suspended sentence expired, the District Court lost its power to revoke it. Therefore, the court reversed the earlier decision and instructed the District Court to dismiss the case, allowing Duckett to be released.

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F-2002-808

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In OCCA case No. F-2002-808, Milton Veran Williams appealed his conviction for distribution and possession of crack cocaine. In an unpublished decision, the court decided that his convictions for possession with intent to distribute and maintaining a place for selling drugs were reversed and dismissed, but his conviction for distribution was affirmed with a reduced fine. One judge dissented, believing the entry into Williams' home was justified under exigent circumstances.

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F 2000-1543

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In OCCA case No. F 2000-1543, James Rickey Ezell, III appealed his conviction for Trafficking in Illegal Drugs, Resisting an Officer, and Public Drunk. In an unpublished decision, the court decided to affirm the conviction for Resisting an Officer and Public Drunk but modified the sentence for Trafficking in Illegal Drugs from seventy years to forty years imprisonment. One judge dissented. Ezell was convicted after a jury trial where he faced three charges. The jury decided on tough punishments, including a long 70-year sentence for the drug charge. Ezell argued that his arrest was illegal and that various legal mistakes were made during the trial, including issues with how the jury was selected and his lawyer's performance. The court reviewed these points carefully. They found that Ezell's arrest was legal and that the jury selection did not violate his rights. The law under which he was charged for drug trafficking was also upheld as valid. However, the court agreed that his defense lawyer didn't do enough to investigate previous convictions that were used against Ezell during sentencing. Because of this lack of investigation, the court reduced his long sentence for drug trafficking but kept the other convictions intact. In the end, Ezell's hard punishment for drug trafficking was changed, but he still faced serious time for his actions.

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F-2000-386

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In OCCA case No. F-2000-386, Rodney Eugene Cheadle appealed his conviction for First Degree Murder and several other charges. In an unpublished decision, the court decided to modify his conviction from First Degree Murder to Solicitation for Murder in the First Degree and changed his sentence from life without parole to life imprisonment. One judge dissented. Rodney Eugene Cheadle was charged with many serious crimes, including selling drugs and murder. The case started when a woman named Donna Phillips was working with the police while she was arrested. She bought drugs from Cheadle, and police later got a search warrant for his house. When they searched it, they found drugs and guns. Cheadle was in jail when he told other inmates that he wanted to prevent Phillips from testifying against him. He even tried to get someone to kill her. Eventually, another inmate, Vance Foust, did kill Phillips. After the murder, a jail inmate told the police about Cheadle's plans. During the trial, the jury found Cheadle guilty on multiple counts, and he received heavy sentences. However, Cheadle appealed, claiming there wasn't enough evidence for some of the charges against him, especially for First Degree Murder. The court agreed with him, stating that while he did solicit someone to kill Phillips, the evidence did not show that it was in furtherance of his drug activities as required by law. Ultimately, the court agreed to change his First Degree Murder conviction to a lesser charge of Solicitation for Murder and reduced his sentence. It also reversed some of his other convictions due to double jeopardy issues. Therefore, while he was found guilty of many crimes, the court decided to modify his most serious conviction and sentence.

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