Credible Evidence Archives

F-2018-145

Post author:Mili Ahosan
Post published:April 4, 2019
Post category:F

In OCCA case No. F-2018-145, Davis appealed his conviction for possession of a controlled dangerous substance (cocaine). In an unpublished decision, the court decided to affirm his termination from the Drug Court program. One judge dissented. On June 23, 2015, Davis pleaded guilty to possessing cocaine. He was given a chance to avoid prison by being put on probation for five years. However, in December 2016, the state said Davis was not following the rules of his probation, leading to his case being taken to Drug Court in March 2017. Drug Court was meant to help him, but it also had strict rules he had to follow. If he completed the program successfully, he could avoid serious penalties. In January 2018, the state said Davis had broken the rules of the Drug Court and asked to have him removed from the program. After a hearing, the judge agreed, and Davis was taken out of Drug Court. Davis appealed this decision, saying the state did not prove he should be terminated and that his mental health issues were not considered. However, the court found no evidence that further sanctions would have helped him follow the rules. Throughout his time in Drug Court, he repeatedly missed appointments and failed to participate, which meant he was not eligible for further leniency. On the issue of his mental health, Davis did not present any evidence in court to explain how his mental health affected his ability to comply with the Drug Court program. Therefore, the court did not find this argument convincing. Ultimately, the court decided that the judge did not make a mistake in removing Davis from Drug Court, and his appeal was denied.

S-2015-87

Post author:Mili Ahosan
Post published:January 14, 2016
Post category:S

In OCCA case No. S-2015-87, Donna Long and Lillian Shipman appealed their conviction for Financial Exploitation by Caretaker. In an unpublished decision, the court decided to affirm the lower court's dismissal of the case. One judge dissented. The State of Oklahoma charged Long and Shipman with financially exploiting Shipman's mother-in-law, who had passed away. The case revolved around two checks signed by the mother-in-law shortly before her death. The first check was for $5,500, and the second check was for $250,000, which the defendants deposited. During the preliminary hearing, the judge found that the evidence did not support the State's claims that the defendants were caretakers or that they exploited the deceased. The judge noted that while there were checks involved, there wasn't enough proof that Long and Shipman acted improperly or had bad intent in obtaining these checks. Both defendants filed motions to quash the information, claiming there was not enough evidence for the case to continue. Ultimately, the judge ruled in favor of the defendants, stating that the prosecution did not provide enough evidence to prove their guilt. The case was then appealed to a higher court, which reviewed the lower court's decision. The higher court concluded that the lower court did not make an error and affirmed the dismissal of the charges against Long and Shipman, agreeing that there was insufficient evidence presented during the preliminary hearing to justify proceeding with the case. In summary, the case focused on whether the defendants financially exploited their relative, but the court found the evidence lacking, leading to the dismissal of the charges.

C-2008-273

Post author:Mili Ahosan
Post published:April 10, 2009
Post category:C

In OCCA case No. C-2008-273, Charles Bert Jones, Jr. appealed his conviction for First Degree Felony Murder, Assault and Battery with a Dangerous Weapon, and Conspiracy to Commit a Felony. In an unpublished decision, the court decided to grant Jones the ability to withdraw his plea and proceed to trial. One judge dissented. Jones entered a guilty plea for serious charges in the Oklahoma County court. The judge gave him life sentences for some counts and a ten-year sentence for another, but his requests to change this were denied. The main issue was whether he made his guilty plea knowingly, which means he understood what he was doing. The court found that there was enough evidence to say that Jones was misled by his attorney, who suggested he would get a better sentence than what the judge actually imposed. Because of this situation, the court ruled that Jones should be allowed to undo his plea and have a new trial. They ordered his case to be handled by a different judge to avoid any unfairness. The dissenting judge felt there was no strong evidence to grant Jones's request and believed the original decision should stand.

RE-2000-251

Post author:Mili Ahosan
Post published:February 2, 2001
Post category:RE

In OCCA case No. RE-2000-251, Appellant appealed his conviction for Lewd Molestation. In a published decision, the court decided to modify the revocation of Appellant's sentence to eight years rather than upholding the full revocation. Three judges dissented on the modification. Initially, the Appellant was given a deferred sentence and placed on probation with the requirement of attending sexual abuse counseling. After some time, his probation was revoked due to not following these rules. The court felt there was enough evidence to show he violated his probation rules. However, they believed the full revocation of his sentence was too harsh and modified it to only eight years, while still requiring him to follow the same probation rules set previously.