Criminal Liability

F-2015-393

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In OCCA case No. F-2015-393, Tucker Ryan McGee appealed his conviction for First Degree Malice Aforethought Murder. In an unpublished decision, the court affirmed his conviction but vacated his sentence of life without the possibility of parole and remanded the matter for re-sentencing. One judge dissented. The case involved the tragic disappearance of 16-year-old JaRay Wilson, who went missing in October 2012. Investigators later connected Tucker McGee and his friend Cody Godfrey to JaRay's disappearance. Evidence presented during the trial showed that McGee, while under the influence of drugs, shot JaRay in the head and subsequently helped dispose of her body. Throughout the trial, McGee raised numerous issues regarding jury instructions and the fairness of his trial, arguing that certain instructions on lesser offenses were improperly given or omitted, that the jury was misled by a flight instruction, and that he was deprived of a fair trial due to the evidence presented against him. He also claimed that the prosecution engaged in misconduct and that he did not receive effective assistance of counsel. The court reviewed all the claims made by McGee and found that while certain instructions were given that could be considered errors, they did not ultimately affect the outcome of the trial. The strengths of the evidence against McGee, including his confessions and the testimony of witnesses, led the court to determine that the errors did not warrant reversal of his conviction. Importantly, the court also addressed the implications of recent U.S. Supreme Court decisions on juvenile sentencing, specifically those related to life without parole sentences for juvenile offenders. The court acknowledged that the previous standards did not adequately consider the unique circumstances surrounding juvenile offenders and determined that McGee's sentence required re-evaluation under updated legal interpretations regarding the treatment of juveniles in the criminal justice system. As a result, while McGee's conviction was upheld, his life sentence without the possibility of parole was vacated, allowing for the opportunity for re-sentencing that would take into account his age and circumstances at the time of the crime.

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F-2015-155

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In OCCA case No. F-2015-155, Sauter appealed his conviction for robbery with a firearm and burglary in the first degree. In a published decision, the court decided to reverse the conviction due to insufficient evidence. One judge dissented. Sauter was found guilty by a jury in the District Court of Nowata County and was sentenced to a total of forty-seven years in prison along with fines. The evidence presented during the trial primarily came from two accomplices, Welsh and Fulcher. Sauter argued that since these accomplices’ testimonies were not supported by independent evidence, his convictions should not stand. The court explained that under Oklahoma law, the testimony of an accomplice cannot solely support a conviction unless there is other evidence that connects the defendant to the crime. The court found that while there was evidence linking Sauter’s vehicle to the crimes, there was no evidence that directly implicated Sauter himself. Since the only evidence against Sauter came from the testimonies of Welsh and Fulcher, which lacked corroboration, the court had to reverse the convictions. The dissenting judge felt there was enough independent evidence connecting Sauter to the crimes, particularly the fact that Sauter's car was used and that he had been seen driving it shortly before the home invasion. This judge believed that the jury could conclude Sauter was complicit in the robbery and burglary based on the evidence presented.

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S-2013-694

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In OCCA case No. S-2013-694, Fred A. Green, Ronald Krushe, and Christopher Thornburg appealed their conviction for kidnapping and first-degree burglary. In a published decision, the court decided to affirm the dismissal of the charges against them. One judge dissented. The case began when the three men, who were bail bondsmen, went to a home to arrest two individuals, Billy and Pam Jones, who were staying there. They knocked on the door, entered the home, and handcuffed the Joneses to take them into custody. The homeowner, Patrick Wills, and his wife were not happy about this and called the police. While Green and his employees thought they were legally allowed to arrest the Joneses because they had a valid bond, the State of Oklahoma disagreed and charged them with burglary and kidnapping. The trial court disagreed, stating that the bondsmen did have the right to make the arrests. The State argued that the men acted unlawfully because of certain statements made during the incident, but the court found that they were working within their rights as bail bondsmen. Ultimately, the court upheld the decision to dismiss the charges, stating there was no abuse of discretion by the trial court in concluding that the bondsmen were acting legally.

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S-2013-695

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In OCCA case No. S-2013-694, Fred A. Green appealed his conviction for kidnapping and first-degree burglary. In an unpublished decision, the court decided to affirm the dismissal of the charges against him and his co-defendants, Ronald Krushe and Christopher Thornburg. One judge dissented. The case began when Green, Krushe, and Thornburg were charged after they went to a home to arrest two individuals, Billy and Pam Jones, for breaching their bail bond. They entered the home without permission and removed the Joneses, leading to their arrest. However, the court found that since Green, Krushe, and Thornburg were acting as bail bondsmen with the legal authority to arrest, they did not commit the crimes of burglary or kidnapping. The state argued that their actions were unlawful since they entered the home with the intent to kidnap. However, the court determined that the bondsmen acted within their rights, resulting in the dismissal of charges.

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S-2013-696

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In OCCA case No. S-2013-694, S-2013-695, S-2013-696, the defendants appealed their conviction for kidnapping and first-degree burglary. In a published decision, the court decided to affirm the dismissal of the charges against the defendants. No one dissented. The case began when three bail bondsmen, Fred Green and his two employees, Ronald Krushe and Christopher Thornburg, were charged with kidnapping and burglary after they tried to arrest two people, Billy and Pam Jones, who had skipped out on their bail. They went to a home in Pawnee County where the Joneses were staying and entered without permission. They handcuffed the couple and attempted to take them to jail. However, the defendants argued that they had the legal right to arrest the Joneses because they had a valid bond with them. The court found that since they were acting within their legal authority when they arrested the couple, they did not commit kidnapping or burglary. The State disagreed, claiming that the defendants had intended to commit a crime. However, the court concluded that the defendants were within their rights and did not abuse their power. Therefore, the charges were dismissed, and the court upheld this dismissal in their ruling.

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F-2012-1039

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In OCCA case No. F-2012-1039, Earnest Toby Bearshead appealed his conviction for Robbery with a Firearm and False Personation. In a published decision, the court decided to affirm his conviction for Robbery with a Firearm but reversed his conviction for False Personation. One judge dissented. Bearshead was found guilty of two crimes: Robbery with a Firearm and False Personation. The jury decided he should go to prison for nine years for the robbery and five years for the false personation. The sentences would be served one after the other. Bearshead did not argue against the robbery conviction but did challenge the false personation conviction based on three main issues. First, Bearshead claimed that there wasn't enough evidence to prove he committed false personation. The law says that to be guilty of false personation, a person has to pretend to be someone else and do something that could cause that person to face legal issues or gain some benefit. Bearshead argued that since a video of him talking to the police was not officially accepted as evidence, he could not be said to have assumed another person's identity. Despite this claim, the court found that Bearshead had indeed provided evidence of using a false name when talking to the police. A detective testified that Bearshead initially said his name was “Oscar” and later corrected it to “Toby.” The detective had noted this on a form, showing that Bearshead tried to lie about his identity. The second point Bearshead raised was that even if he did use a false name, he did not do anything to get someone else in trouble, as there were no legal issues connected to the name Oscar Bearshead. The State argued he would have benefitted in some way, such as avoiding responsibility for the robbery. However, there was no evidence that showed Bearshead actually gained anything from pretending to be Oscar. He still faced the charges and was found guilty of the robbery. The court pointed out that Bearshead's jury was not instructed about the possibility of benefiting from using a false name, which was necessary for proving false personation in this case. Without clear evidence that he gained any benefits from the impersonation, the court decided the State did not meet the burden of proving all parts of the crime. As a result, the court reversed Bearshead's conviction for False Personation and ordered it to be dismissed. However, his conviction for Robbery with a Firearm stood, and he would still serve the sentence related to that crime. The decision led to one judge expressing a different opinion from the others.

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F-2011-509

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In OCCA case No. F-2011-509, Mark Anthony Clayborne appealed his conviction for Perjury by Subornation and Allowing the Production of a False Exhibit. In an unpublished decision, the court decided to affirm the conviction for Perjury by Subornation but reversed the conviction for Allowing the Production of a False Exhibit. One judge dissented. Clayborne, a lawyer, represented a defendant accused of selling drugs. During the trial, he presented a video as evidence showing his client was in Mexico at the time of the alleged crime. However, a forensic video analyst testified that the date stamp on the video was altered. As a result, Clayborne was charged with subornation of perjury for allowing false evidence and for producing a false exhibit. Throughout his appeal, Clayborne raised several issues. He argued that the trial court made errors by improperly answering jury questions, violating his rights due to prosecutorial misconduct, and mishandling evidence. He also contended that certain jury instructions were incorrect, particularly a lack of clear mention of required knowledge of the false exhibit. The court ruled that while there was an error regarding jury instructions, it was not enough to require a reversal of the conviction for subornation of perjury because the outcome was still supported by strong evidence. However, they found that the trial court erred in how they handled the issues related to the false exhibit, leading to that conviction being overturned. The decision covered various claims of error including jury questions, prosecutorial misconduct during closing arguments, and evidence issues. Ultimately, the court decided to keep one conviction while reversing the other due to significant procedural concerns.

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F-2008-538

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In OCCA case No. F-2008-538, Jerry Johnson appealed his conviction for Robbery by Force. In an unpublished decision, the court decided that Johnson did not competently, knowingly, and intelligently waive his right to a jury trial, which means that he deserves a new trial. However, the evidence presented in his bench trial was sufficient to support his conviction, so they remanded the case for a new trial. One judge dissented.

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F 2005-603

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In OCCA case No. F 2005-603, Maurice Ladon Miller appealed his conviction for First Degree Murder and Conspiracy to Commit a Felony. In an unpublished decision, the court decided to reverse the convictions and remand for a new trial. One judge dissented. Maurice Ladon Miller was found guilty of serious crimes, including murder. The jury decided he should go to prison for life for the murder and for six years for conspiracy. The sentences were to be served at the same time and also added to a federal sentence he was already serving. After this, Miller appealed his case. Miller had two main arguments. First, he believed his confession to the police was not voluntary because he thought it was protected by an immunity agreement. Second, he felt he couldn’t present his defense because his lawyer was not allowed to show the jury a recording where a co-defendant said Miller was not involved in the murder. The court looked carefully at both of these arguments. They found that the confession was voluntary. Even though there was some confusion about the immunity agreement, the police had informed Miller that it did not protect him from state charges, and he waived his rights willingly. Therefore, they decided that there was no error in admitting his confession. For the second argument, the court examined the situation where Miller's lawyer recorded the co-defendant admitting to the crime but saying Miller was not involved. This recording was not allowed to be shown to the jury, which the court found to be a mistake. They explained that the recording could have been helpful for Miller's defense, as it contradicted the claim that he was involved in the murder. The absence of this evidence might have affected the trial. Ultimately, the court reversed Miller's convictions and ordered a new trial because they believed the exclusion of the co-defendant’s statement could have led to a different outcome. The dissenting judge felt the evidence against Miller was strong, and the trial court made the right choice in excluding the co-defendant's statement. Thus, the case will be retried to ensure that Miller has a chance to present all relevant evidence in his defense.

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F-2004-332

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In OCCA case No. F-2004-332, Sheila Ann Sutton appealed her conviction for grand larceny and knowingly concealing stolen property. In an unpublished decision, the court decided to modify her conviction to petit larceny and reversed and dismissed the charge of concealing stolen property. One judge dissented. Sutton was accused of stealing electronic items, including DVD players, with friends. The jury found her guilty and she was sentenced to five years in prison for grand larceny and four years for concealing stolen property, with the sentences running at the same time. During her appeal, Sutton argued several points. She claimed that simply being in a car with stolen shoes did not mean she was hiding them. The court agreed that the evidence did not show she attempted to conceal the shoes and reversed the charge for that reason. Sutton also argued that she only took property worth less than $500, which should be classified as petit larceny, not grand larceny. The evidence showed that she took one DVD player worth $487, and the other players taken by her companions did not change that. The court agreed and changed her conviction to petit larceny. Additionally, Sutton claimed that the jury was not properly instructed about the law surrounding the charges against her. The court found that the instructions were lacking and noted that without proper guidance, the jury might have struggled to understand how to reach their decision on grand larceny. Sutton also pointed out that there was an instruction about flight, but the circumstances didn't support it, meaning it should not have been mentioned during the trial. The court acknowledged this, saying that giving such an instruction without proper context was wrong. After reviewing all of Sutton's claims, the court modified her conviction to petit larceny and changed her sentence to two years in prison. They dismissed the second charge. The dissenting opinion argued that there was enough evidence to support the original conviction and that the jury understood what happened during the events in question. In summary, the court modified Sutton's conviction and sentence due to errors in the trial process, particularly related to jury instructions, while the dissenting judge believed the jury's original decision was justified.

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C-2003-890

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In OCCA case No. C-2003-890, Saul Perez appealed his conviction for Child Neglect. In a published decision, the court decided to modify his sentence from eighteen years to ten years imprisonment. One judge dissented. Saul Perez pleaded guilty to the crime of Child Neglect, which means he was accused of not taking care of a child properly. He was sentenced to eighteen years in prison. Shortly after, Perez asked to take back his guilty plea, saying he shouldn’t have to accept the charge. He had several reasons why he believed the court should let him withdraw his guilty plea. First, he argued that there wasn’t enough evidence showing he was responsible for the child's neglect. Second, he thought he didn’t fully understand what he was pleading guilty to, so it wasn't a voluntary choice. Third, he said his punishment was too harsh, especially since he felt he hadn’t had a duty to care for the child, and the neglect wasn’t intentional. Lastly, he claimed he didn’t have a proper interpreter during an important meeting about his plea, which he believed violated his rights. The court reviewed all the facts and found that two of his reasons were valid enough to change his punishment. They determined that there was some confusion in the case about whether he truly understood the crime he was admitting to. They discussed what “neglect” meant and explained that the law is meant to hold responsible individuals accountable for a child's safety and care. Ultimately, while the court did not consider some of the reasons Perez gave for wanting to withdraw his plea, they agreed that his punishment was too severe based on the situation. Therefore, they reduced his sentence to ten years in prison instead of the original eighteen. One judge disagreed with the decision, arguing that without proving that Perez had a duty to care for the child, he should not be seen as guilty of a crime. This dissent meant that there was a difference of opinion among the judges regarding the case.

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F-2001-230

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In OCCA case No. F-2001-230, Shihee Hason Daughrity appealed his conviction for two counts of Robbery with a Dangerous Weapon and one count of False Personation. In a published decision, the court decided to affirm his convictions on the robbery counts but reversed the conviction for False Personation. One judge dissented. Daughrity was tried along with another person and was found guilty of robbing someone while using a dangerous weapon and falsely claiming to be someone else. The judge sentenced him to a long time in prison and also made him pay fines. Daughrity thought the trial was unfair and wanted to appeal. The court looked at the reasons Daughrity gave for why he thought he should win his appeal. He questioned whether there was enough proof for the False Personation charge because there wasn't clear evidence that he impersonated an actual person. The court reviewed previous cases to understand what counts as False Personation. They found that in this case, there wasn’t enough proof to show he impersonated someone who could be harmed by his actions. While the evidence seemed to show he used a fake name to escape responsibility for his actions, the instructions given to the jury were incomplete. Because of this, Daughrity's conviction for False Personation was reversed, which means he shouldn’t have been found guilty of that charge based on how the jury was instructed. However, they kept his convictions for robbery since they were clear and backed by enough evidence. In conclusion, while Daughrity's robbery convictions stayed, he won on the False Personation count. The judges made sure that the right procedures were followed, highlighting how important it is for juries to have complete and clear instructions when they are deciding on guilt.

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