Creek County

C-2017-998

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In OCCA case No. C-2017-998, Arnold Dean Howell appealed his conviction for First Degree Murder and First Degree Robbery. In an unpublished decision, the court decided to vacate Howell's convictions and remanded the case with instructions to dismiss it. One judge dissented. Howell had pleaded guilty to the charges in the District Court of Creek County and was sentenced to life imprisonment without the possibility of parole for the murder conviction and twenty-five years for the robbery conviction, with both sentences served one after the other. After the guilty plea, Howell filed a motion to withdraw it, which the district court denied. Howell then raised several issues in his appeal, questioning the state's authority to prosecute him, his competency to plead guilty, if his plea was made knowingly and voluntarily, whether he received good legal help, and if his sentence was too harsh. The important part of the appeal was Howell's claim regarding jurisdiction. He argued that the state did not have the right to prosecute him because he is considered an Indian under federal laws and the crimes happened within the Muscogee Creek Nation Reservation. This argument was based on a specific legal case called McGirt v. Oklahoma, which changed how certain cases with Indian individuals should be treated. In response to Howell's appeal, the court ordered a review of his case to determine if he was an Indian and if the crimes occurred on the reservation. During this review, both sides agreed on a few facts: Howell has Indian blood, is a registered citizen of the Muscogee Creek Nation, and the crimes did occur within the reservation. The district court accepted these facts. Following this information, the court concluded that Howell is legally an Indian and that the state did not have authority over the case. As a result, the court decided Howell's conviction could not stand, and they vacated the lower court's judgment and ordered the case to be dismissed. In conclusion, Howell's legal challenges about how his case was handled were significant enough to require a reversal of his convictions based on the jurisdictional issues brought up by the McGirt decision. This decision demonstrates how important it is to understand the laws regarding tribal lands and individual rights within the legal system.

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RE-2010-293

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In OCCA case No. RE-2010-293, Downs appealed his conviction for a probation violation. In an unpublished decision, the court decided to affirm the revocation of his suspended sentences. One judge dissented. Downs had entered guilty pleas for several crimes in 2004, which included assault and possessing controlled substances. After completing part of his sentence in 2006, some of his time was suspended, meaning he would not have to serve it if he followed the rules of probation. However, in 2008, the State accused him of violating his probation because he was arrested for a new crime. A hearing took place in 2010 where evidence was presented, and the judge found that the State proved Downs had violated his probation. As a result, all of his suspended sentence was revoked. Downs raised several arguments in his appeal, saying the trial judge made mistakes that affected his case. He claimed he was not given enough time to prepare his defense, that the evidence against him was not strong enough, and that he was not allowed to confront witnesses. He also argued that the revocation was for too long and that the judge didn't have the right to revoke his sentence. The court examined each of Downs' claims. They found that it was reasonable for the judge to deny a continuance for more time to prepare, and that the evidence at the hearing was enough to support the revocation of his probation. They also stated that Downs had waived his right to a quick hearing, meaning the 20-day rule that he mentioned did not apply. In the end, the court did agree that there was a small mistake in the length of time noted for the revoked sentence, which needed to be corrected. However, they affirmed the decision to revoke all of Downs' suspended sentences. Thus, the court ordered that a corrected record be made to show the right amount of time for his sentences. The judges all generally agreed on the decision, but one judge had a different opinion.

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F-2005-700

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In OCCA case No. F-2005-700, Harry Oliver West appealed his conviction for Driving While Under the Influence of Alcohol and Driving While License is Canceled/Suspended/Revoked. In a published decision, the court decided to reverse the conviction and send the case back for a new trial. One judge dissented. West was found guilty by a jury, which decided that he should serve a total of 45 years in prison for the first offense and 1 year for the second offense, with some fines included as well. However, during the trial, the jury was not given proper instructions about what driving under the influence and driving while impaired mean. Even though West did not ask for these instructions, the court agreed that this was a significant mistake that affected the case. Due to this error, the court found that West deserved another chance to have his case heard, which means a new trial will take place. As a result, the decisions made in the trial are reversed, and the case gets remanded, which means it goes back to the lower court for a fresh start.

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F 2003-1078

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In OCCA case No. F 2003-1078, Joseph Lee Rick Knight appealed his conviction for endeavoring to manufacture a controlled dangerous substance (methamphetamine). In an unpublished decision, the court decided to affirm the conviction and sentence. However, it ordered a remand to the District Court of Creek County to vacate certain costs associated with the charges for which Knight was acquitted or not prosecuted. One judge dissented. Joseph Knight was found guilty after a bench trial, which means there was no jury, and the judge made the decision. The trial took place over several days, and Knight was sentenced to twenty years in prison, with nine years to be served and the rest suspended. Knight argued four main points in his appeal. First, he said that his arrest and the search of his home were not done lawfully. The court disagreed, stating that the search was allowed because Knight's wife gave permission, meaning the police did not need a warrant. Secondly, Knight claimed that he did not truly understand what it meant to give up his right to a jury trial. The court found that he had given up this right knowingly, so this point was also denied. The third point Knight made was that he could not cross-examine his co-defendant, whose statements were used against him. The court decided this was not a problem because the judge said those statements would only be considered for the co-defendant. Lastly, Knight believed that his sentence was too harsh. The court said the sentence was appropriate based on the laws and did not seem unfair. In summary, the court upheld Knight's conviction and kept his sentence the same but ordered some of the costs to be canceled because he was not convicted on all charges.

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F-2002-1511

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In OCCA case No. F-2002-1511, Helen Rosson appealed her conviction for Unlawful Delivery of a Controlled Drug. In an unpublished decision, the court decided to affirm the judgment but modify the sentence to ten years' imprisonment. One judge dissented, suggesting the sentence should only be reduced to forty-five years, not ten. Rosson was convicted after a jury trial where she was sentenced to fifty years and a large fine. She raised several issues on appeal, including being punished twice for a single event, the unfair introduction of other crimes evidence, prosecutorial misconduct, and the excessive nature of her sentence. The court found her convictions did not violate double jeopardy laws, noted that the evidence of other crimes should not have been included, but concluded that it did not unfairly influence the jury's decision on guilt. The sentence was modified due to the impact that the inadmissible evidence had on the jury’s sentencing decision.

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RE-2002-1077

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In OCCA case No. RE-2002-1077, Tracy Allen Mitchon appealed his conviction for revocation of a suspended sentence. In an unpublished decision, the court decided to reverse the revocation and send the case back to the District Court to correct the written order regarding the time Mitchon had already served. One judge dissented.

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F 2002-101

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In OCCA case No. F 2002-101, Danny Joe Boomershine appealed his conviction for Forcible Sodomy and Rape by Instrumentation. In an unpublished decision, the court decided to affirm his convictions but modified the sentences to run concurrently instead of consecutively. One judge dissented, suggesting that the sentences should be modified to life.

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F-2001-1061

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In OCCA case No. F-2001-1061, Gibbs appealed his conviction for Driving Under the Influence of Intoxicating Liquor, Second or Subsequent Offense. In an unpublished decision, the court decided to affirm the conviction but modify the sentence to eight years in prison. One judge dissented. Gibbs was found guilty by a jury and sentenced to ten years, along with a fine and recommended counseling. Gibbs argued that the evidence against him wasn't enough to convict him. However, the court found the evidence sufficient to support the conviction. Gibbs' defense claimed he wasn’t driving under the influence; he said his car’s accelerator stuck and that someone gave him a ride home. He also stated that his sister saw him drinking at home. The prosecutor, during the trial, made errors when questioning Gibbs about the burden of proof and his rights. Even though there were issues with the prosecutor's comments, the court believed these mistakes did not greatly affect the overall outcome of the case. While the conviction remained, the court decided to lessen Gibbs' sentence due to the errors noted during the trial.

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F-2000-1308

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In OCCA case No. F-2000-1308, Recil Gravitt appealed his conviction for Distribution of a Controlled Dangerous Substance, Maintaining a Dwelling for Drugs, and Possession of a Controlled Dangerous Substance in the Presence of a Minor. In an unpublished decision, the court decided to affirm the convictions, but modified the fine on Count I to $10,000. One judge dissented.

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F 2000-152

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In OCCA case No. F 2000-152, the appellant, Sidney Leon Crittenden, appealed his conviction for two counts of Lewd Molestation. In a published decision, the court decided to affirm the conviction for the first count but reversed and remanded the second count with instructions to dismiss. One judge dissented. Crittenden was charged with serious offenses, including First Degree Rape by Instrumentation and Lewd Molestation. He was found guilty on two counts of Lewd Molestation and sentenced to 45 years in prison for each count, along with a fine. On appeal, Crittenden raised several arguments. He claimed that the trial court made mistakes, such as changing the charges and allowing evidence of other crimes, which he felt unfairly influenced the jury. He also argued that being convicted of two offenses from the same incident was against the rules, and he felt the sentences he received were too harsh. After looking carefully at all the details of the case, the court agreed with Crittenden on one issue—being charged for two separate offenses from one event was not acceptable. They affirmed the first conviction but ordered that the second one be dismissed as there was not enough evidence to support it as a separate act. The court noted that while some evidence suggested there might have been different incidents, it was not strong enough to meet the required level of proof. They concluded that the trial was mostly fair, and the sentences for the first count seemed appropriate. Overall, the decision respected that some of the rules regarding the number of convictions related to a single act were not followed and adjusted the outcome accordingly.

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RE-1999-1556

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In OCCA case No. RE-1999-1556, an individual appealed his conviction for Injury to a Minor Child. In a published decision, the court decided to affirm the revocation of the suspended sentence but modified it to time served, including the satisfaction of all fines, fees, and costs. No judges dissented.

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RE-2000-630

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In OCCA case No. RE-2000-630, the appellant appealed his conviction for possession of a controlled drug. In a published decision, the court decided that it was an error for the lower court to revoke the appellant's suspended sentence because the original case had been dismissed. The court found that the trial court did not have the authority to accept a plea or impose a sentence in the dismissed case, which meant the lower court had no jurisdiction. Therefore, the order revoking the suspended sentence was vacated. One judge dissented.

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