Criminal Prosecution

C-2021-504

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In OCCA case No. C-2021-504, Starlyn Sean Hill appealed his conviction for multiple serious crimes, including aggravated possession of child pornography and multiple counts of rape and sodomy. In an unpublished decision, the court decided to grant his appeal, allowing him to withdraw his guilty plea. One judge dissented from the opinion. Hill had pleaded guilty to several counts, and upon sentencing, he received a lengthy prison term. After his plea, he filed a motion to withdraw it, arguing that he felt rushed into making his decision and that he was misinformed about the potential consequences. He also raised issues regarding the statute of limitations for some of the charges, claiming that ten of them should not have been prosecuted because they were filed too late. The court reviewed the case and found that the prosecution for some of the counts may indeed have been beyond the statute of limitations. They concluded there were errors in how Hill’s plea was accepted, particularly as he did not properly waive his right to challenge the statute of limitations on several counts. This led the court to determine that his guilty plea was not made voluntarily or intelligently. As a result, the court vacated Hill's judgment and sentence and instructed that he be allowed to withdraw his guilty plea. The case was sent back to the lower court for further proceedings that would not contradict this new decision.

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F-2020-125

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In OCCA case No. F-2020-125, Justin Dale Little appealed his conviction for First Degree Murder. In an unpublished decision, the court decided that Little's conviction should be vacated because the State of Oklahoma did not have the jurisdiction to prosecute him due to his status as an Indian and the location of the crime within Indian country. The ruling was influenced by the prior case McGirt v. Oklahoma, which established that certain lands are still considered Indian reservations under federal law. The court found that since Little is recognized as an Indian and the crime occurred within the boundaries of the Muscogee Reservation, only the federal government has the authority to prosecute him. There was a dissenting opinion expressing concerns about the implications of the decision and how it followed previous legal precedents.

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C-2019-815

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In OCCA case No. C-2019-815, the petitioner appealed his conviction for First Degree Burglary, Second Degree Burglary, and Knowingly Concealing Stolen Property. In an unpublished decision, the court decided to vacate the denial of his motion to withdraw his guilty plea and remand the case for a new hearing. One member of the court dissented. The case began when the petitioner, after entering guilty pleas for the charges, expressed a desire to withdraw those pleas. He believed he had not been properly represented by his attorney and filed a letter to withdraw his plea. A hearing was held where the petitioner appeared without his attorney. During this hearing, he claimed that he felt misled regarding the likely outcome of his plea. The petitioner argued that the hearing to withdraw his plea was unlawful because he was not given proper legal representation. He said that he didn’t effectively waive his right to counsel at that hearing and claimed there was a conflict of interest since his attorney had represented him in the original plea. The court found that there was no valid waiver of his right to counsel, meaning he didn’t fully understand the implications of representing himself. The trial court had not thoroughly questioned him about his need for counsel or his rights, leading to confusion about whether he was proceeding with an attorney or alone. The state agreed that the hearing had issues because the petitioner didn’t receive conflict-free representation. Therefore, the court ruled that the previous denial of his motion to withdraw his plea was a mistake and sent the case back for a new hearing where these issues could be properly addressed.

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J-2019-618

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**State of Oklahoma Court of Criminal Appeals Summary Opinion** **Case Title:** M.C.T. v. The State of Oklahoma **Case Number:** J-2019-618 **Filed:** February 6, 2020 **Judges:** Kuehn, Vice Presiding Judge; Lewis, Presiding Judge (specially concurring); Lumpkin, J.; Hudson, J.; Rowland, J. **Background:** M.C.T. appeals the certification decision by Special Judge Scott Brockman in Cleveland County District Court Case No. CF-2019-470, where M.C.T. was certified for trial as an adult for crimes including Assault and Battery with a Deadly Weapon and Unlawful Use of a Computer. The case was expedited under the Accelerated Docket of the Court. **Legal Issues:** The core issue revolves around statutory interpretation regarding the certification of juveniles as adults under Oklahoma law, specifically focusing on 10A O.S.2018 § 2-5-204(H)(1). **Findings:** 1. **Statutory Interpretation:** The Court reviewed the statute, noting that once adjudicated as an adult, a youthful offender retains that status in subsequent criminal proceedings, as mandated by the law. M.C.T.'s prior stipulation to adult status in Oklahoma County was sufficient to affirm his status as an adult in Cleveland County. 2. **Precedent:** M.C.T. relied on D.J.B. v. Pritchett, but the Court distinguished this case based on its unique circumstances, emphasizing that M.C.T. had already been adjudicated as an adult prior to the Cleveland County proceeding. 3. **Judicial Efficiency:** Holding a certification hearing in Cleveland County after a prior adult conviction would be considered a waste of judicial resources, reinforcing the decision to affirm the district court's certification of M.C.T. as an adult. **Conclusion:** The Court affirmed the decision of the Cleveland County District Court to certify M.C.T. as an adult, highlighting that the statutory provisions were effectively applied in this case and that his prior plea as an adult eliminated the necessity for further certification hearings. **Decision:** The certification is AFFIRMED. The mandate is to be issued upon filing this decision. **Counsel:** - **For Appellant:** M. Karla Tankut, Jasmine Johnson (Indigent Defense System) - **For Appellee:** Kristi Johnson, Suanne Carlson (Assistant District Attorneys) **Special Concurrence:** Judge Lewis acknowledged the detailed writing of the opinion and expressed concern regarding the trial counsel's understanding of the consequences of simultaneous cases in different counties. Though counsel's actions were questionable, they did not alter the outcome, given M.C.T.'s unsuitability for youthful offender status. **Download PDF:** [Click Here To Download PDF](https://opinions.wirthlawoffice.com/wp-content/uploads/J-2019-618_1734430249.pdf)

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S-2018-1227

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**IN THE COURT OF CRIMINAL APPEALS OF THE STATE OF OKLAHOMA** **THE STATE OF OKLAHOMA,** Appellant, **v.** **DAVID FLORES VILLANUEVA,** Appellee. **No. S-2018-1227** **NOT FOR PUBLICATION** **FILED** **IN COURT OF CRIMINAL APPEALS** **STATE OF OKLAHOMA** **SEP 26 2019** **JOHN D. HADDEN** **CLERK** --- **SUMMARY OPINION** LEWIS, PRESIDING JUDGE: On March 6, 2018, Defendant Villanueva was charged with one count of Burglary in the First Degree in Comanche County Case No. CF-2018-135. On November 7, 2018, a preliminary hearing was held before the Honorable Ken Harris, Special Judge. At that hearing, the State amended the information to include a charge of Conspiracy to Commit Burglary. Villanueva demurred to both charges; the demurrer to the burglary charge was overruled, while the conspiracy charge was granted. The State appealed this ruling under Rule 6.1 and 22 O.S.2011, § 1089.1. Judge Meaders, after reviewing the preliminary hearing transcript and hearing arguments from both sides, upheld the magistrate's decision. From this ruling, the State continued its appeal. The State's primary argument was that it was erroneous for the trial court to grant Villanueva's demurrer concerning the conspiracy charge. According to Rule 11.2(A)(4), this appeal was automatically assigned to the Accelerated Docket. The analysis considers whether there was sufficient evidence, viewed favorably towards the State, to find that a felony crime occurred and that Villanueva likely committed it. The Court must uphold the magistrate's ruling unless there was an abuse of discretion. The Court determined that no such abuse of discretion occurred in this instance. The decision to grant the demurrer concerning the conspiracy charge was not clearly erroneous or illogical based on the evidence presented. **DECISION** The order dismissing the conspiracy charge against Villanueva in Comanche County District Court Case No. CF-2018-135 is AFFIRMED. A MANDATE is ORDERED issued upon the delivery and filing of this decision, in accordance with Rule 3.15. --- **APPEARANCES AT TRIAL** **COUNSEL FOR STATE/APPELLANT** Kyle Cabelka, Assistant District Attorney Comanche County **COUNSEL FOR DEFENDANT/APPELLEE** Clay Hillis Lawton, OK --- **OPINION BY:** LEWIS, P.J. **CONCUR:** KUEHN, V.P.J.; LUMPKIN, J. **DISSENT:** HUDSON, J.; ROWLAND, J. --- **DISSENTING OPINION OF HUDSON, J.:** I align with Judge Rowland's dissent and wish to emphasize that the magistrate's decision did not adhere to the proper legal standard, which mandates that at a preliminary hearing, the State is not obliged to present evidence that would suffice for a conviction; rather, the standard is to establish probable cause. The preliminaries focus on whether there is enough evidence for a reasonable person to conclude that an agreement to commit a crime existed among the suspects. Based on the testimony, when two armed men and a female accomplice invade a home, demanding money while brandishing weapons, the magistrate should have inferred an agreement had taken place, viewing the facts favorably for the State. The evidential threshold should reflect that significant circumstantial evidence can imply conspiracy. My view is that the magistrate abused discretion by ruling there was insufficient evidence for conspiracy at the hearing's conclusion. The facts supporting the charge should have warranted a finding of probable cause as a reasonable inference could be drawn affirming an agreement among the accused parties. The ruling lacks justification against existing legal precedents. The magistrate's interpretation of the circumstances failed to consider the appropriate evidential standard and should be revised. I am authorized to state that Judge Hudson concurs with this dissent. --- For the official full text, [click here to download PDF](https://opinions.wirthlawoffice.com/wp-content/uploads/S-2018-1227_1734274980.pdf).

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F-2017-849

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In OCCA case No. F-2017-849, Samuel Cosby appealed his conviction for assault and battery with a deadly weapon. In an unpublished decision, the court decided to affirm his conviction. One judge dissented. Samuel Cosby was found guilty by a jury in Oklahoma County and sentenced to life imprisonment. He raised several arguments to claim that errors during the trial affected his right to a fair trial. First, Mr. Cosby argued that the trial court made a mistake by not having a pretrial hearing to check if the expert testimony about firearms was reliable. The court found no error in allowing the expert testimony because it is generally accepted in trials. Second, he claimed the firearms expert's analysis was flawed and unfair. However, the court decided that there was no plain error since the expert's opinion was based on accepted methods. Third, he argued that a phone call he made from jail should not have been used as evidence. While he objected in court, the judges felt the phone call was relevant because it showed he was aware of the situation. Fourth, Mr. Cosby said there were mistakes in how evidence was handled, particularly about the victim's injuries. The court ruled that the evidence was necessary for proving the case. Fifth, he felt the jury instructions were wrong because his request for an explanation about inconsistent statements was denied. The court explained that the victim's testimony was not inconsistent enough to require such an instruction. Lastly, Mr. Cosby claimed he did not receive effective help from his lawyer. The court found that since these errors did not actually happen, this claim was also not valid. The overall decision was that the judgment and sentence against Mr. Cosby were correct, and his appeals did not show any significant errors that affected the fairness of his trial.

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M 2015-1099

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In OCCA case No. M 2015-1099, Phantirath appealed her conviction for engaging in prostitution and operating a place of prostitution. In a published decision, the court decided to reverse her convictions because she was not allowed to enter a guilty plea, which is a right for defendants. One judge dissented, stating that the trial court did not abuse its discretion in rejecting the plea.

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C-2016-38

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In OCCA case No. C-2016-38, Charlie Franklin Roberts appealed his conviction for violation of a protective order, kidnapping, and domestic assault and battery with a dangerous weapon. In a published decision, the court decided to grant the petition and remand for a new hearing on the motion to withdraw plea. One judge dissented. Roberts had entered a no contest plea to the charges and was sentenced to one year in county jail for the misdemeanor and thirty years for each felony, with the felony sentences running at the same time but after the jail sentence. He later wanted to withdraw his plea, claiming he did not have the right help from his attorney during this process. The court looked into his claims and found that Roberts had not been given fair legal help when trying to withdraw his plea. Specifically, his attorney had conflicts of interest that affected his ability to represent Roberts properly. Because of these issues, the court allowed Roberts to have a new and better attorney who could help him file the motion. The court also ordered a hearing to figure out what Roberts would like to do about his plea within specific timelines.

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S-2013-509

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In OCCA case No. S-2013-509, Julio Juarez Ramos and Isidro Juarez Ramos appealed their convictions for first-degree murder. In a published decision, the court decided to affirm the district court's ruling granting the Appellees immunity from prosecution under Oklahoma's Stand Your Ground law. #1 dissented.

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S-2013-510

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In OCCA case No. S-2013-509 and S-2013-510, two individuals appealed their convictions for first-degree murder. In an unpublished decision, the court decided to affirm the dismissal of the charges against them based on their claim of immunity under the Stand Your Ground law. The court found that the appeal by the State of Oklahoma was not authorized to challenge the dismissal order. One judge dissented.

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F-2011-962

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In OCCA case No. F-2011-962, Jonas Alan Thornton appealed his conviction for Assault with a Dangerous Weapon. In an unpublished decision, the court decided to reverse Thornton's conviction and remand the case for a new trial due to concerns over the impartiality of the trial judge. One judge dissented. Thornton was convicted after a non-jury trial where the judge was someone he had previously consulted while looking for legal advice regarding the case against him. The incident occurred in January 2010 when Thornton allegedly fired a handgun into a house. After being arrested, he spoke with the judge, who was not in his judge role at that time. Later, the judge was elected and presided over Thornton’s trial. During the appeal, Thornton claimed that the judge should have recused himself because of their prior interaction, which could influence how the judge viewed the case. The court found that the judge failed to follow rules requiring him to step aside, which led to a decision that Thornton did not receive a fair trial. The court stated that even though Thornton did not directly ask for the judge to disqualify himself at the time, this did not eliminate the obligation for the judge to recognize a conflict of interest. The relationship between Thornton and the judge meant that the fairness of the trial could be doubted. As a result, the court ruled that Thornton's conviction needed to be reversed, and he would get a new trial. This decision effectively set aside the earlier trial's results and meant that any further claims Thornton made concerning his representation or other trial aspects were not addressed since the focus was on the impartiality of the judge.

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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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C-2012-699

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In OCCA case No. C-2012-699, Holstine appealed his conviction for Possession of a Controlled Dangerous Substance. In a published decision, the court decided to grant his request and remanded the case for a proper hearing on his motion to withdraw his plea. One judge dissented.

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F-2010-1079

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In OCCA case No. F-2010-1079, Dale Anthony Chambers appealed his conviction for two counts of Child Sexual Abuse. In a published decision, the court decided to reverse the judgment and remand the case for a new trial. One judge dissented. The case involved allegations made by Chambers's twelve-year-old stepdaughter against him, claiming he had sexually abused her while her mother was away. The girl testified that the abuse began in early 2009 and included inappropriate sexual acts and exposure to adult content. She ultimately revealed the abuse to her mother after first denying it, fearing punishment. Chambers's appeal centered around several arguments, particularly that he was denied his right to confront witnesses against him. This was due to the admission of evidence from a sexual assault examination report that included statements from a forensic interviewer who did not testify at trial. The court found that this violated Chambers's constitutional rights under the Sixth Amendment, which guarantees the right to confront witnesses. The court assessed whether this error affected Chambers's substantial rights and the fairness of his trial. They noted that the admission of hearsay evidence was significant and that it likely influenced the jury's verdict, as the report was specifically requested during deliberations. Since the physical evidence was not strong, the judge emphasized that the case heavily relied on the victim's testimony alone. In conclusion, the court ruled that the improper admission of evidence was not harmless and reversed the conviction, ordering a new trial for Chambers.

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F-2008-1199

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In OCCA case No. F-2008-1199, Cody Robert Grenemyer appealed his conviction for Rape in the First Degree and Lewd Molestation. In an unpublished decision, the court decided to affirm the convictions but modified the sentences to life imprisonment with the possibility of parole for two counts. One judge dissented. Grenemyer was found guilty of committing serious sexual crimes against his daughters, including rape and lewd molestation. The abuse happened over a period of time and was described by multiple victims. Despite Grenemyer's denial of the allegations, the testimony of his daughters was consistent and compelling enough for the jury to convict him. During the trial, Grenemyer wanted to introduce evidence that the younger victims had been molested by another man earlier. However, the trial court decided that this information wasn't relevant to the case at hand. The judge recognized that while the evidence could have some bearing, it also risked confusing the jury and unfairly prejudicing the victims. Grenemyer argued that his sentences were too harsh, claiming that life imprisonment without parole was not appropriate under the law effective at the time of his offenses. However, this was found to be without merit as the law allowed for such sentences. The appeals court found an issue with how much past behavior information was shared during the trial, particularly focusing on the testimonies of older siblings who spoke of their own experiences of abuse. The amount of such information might have led the jury to concentrate more on past actions rather than the specific charges brought against Grenemyer. The judges agreed that while the evidence did not affect the jury's determination of guilt, it likely influenced the sentences they recommended. Thus, Grenemyer’s sentences for the first-degree rape charges were modified to ensure he would have the possibility for parole after serving a portion of his sentence. In conclusion, while the convictions were upheld based on the strong testimony of the victims, the sentence was adjusted to reflect the concerns regarding the fairness of the trial and the overwhelming amount of past abuse information presented.

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C-2007-1009

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In OCCA case No. C-2007-1009, Richardson appealed his conviction for Assault and Battery and Malicious Injury to Property. In an unpublished decision, the court decided that Richardson was entitled to a hearing on his Motion to Withdraw Plea of Guilty. One judge dissented.

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F-2007-1162

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In OCCA case No. F-2007-1162, Leroy White Jr. appealed his conviction for multiple crimes including trafficking in illegal drugs, failure to obtain a drug stamp, assault and battery on a police officer, unlawful possession of paraphernalia, aggravated assault, attempting to destroy evidence, and threatening a violent act. In an unpublished decision, the court decided to affirm White’s convictions and sentences for the most part while vacating some fines. The court carefully reviewed the arguments White made on appeal. He claimed that his rights were violated when police entered his hotel room without a warrant, that he was wrongly punished multiple times for the same actions, and that he did not receive proper jury instructions regarding fines. The court determined that the police had a good reason for entering the hotel room because they smelled marijuana and were responding to a situation where evidence might be destroyed. This justified the warrantless search. White also argued that being convicted for trafficking drugs and failing to obtain a tax stamp should not both lead to punishment. However, the court explained that the law allowed for separate punishments in this case since the two charges were different and required different evidence. Regarding the fines, the court noted that the trial judge had imposed fines without properly instructing the jury on what fines to recommend. The court agreed this was an error, so they decided to vacate these fines but upheld the minimum fine for the trafficking charge. The court affirmed the judgments and sentences given to White, confirming that while some fines were removed, the convictions remained. The judges involved in the decision agreed on most points but noted some concurrence in the results. In conclusion, White's appeal was mostly denied, but some corrections were made regarding the imposed fines.

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F-2006-1339

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In OCCA case No. F-2006-1339, Robert Larue Jones appealed his conviction for robbery with a dangerous weapon after being previously convicted of two or more felonies. In an unpublished decision, the court decided that Jones's conviction should be reversed and that a retrial should take place with proper instructions. One judge dissented from this decision. Jones was found guilty by a jury and was sentenced to fifty years in prison. He raised several issues on appeal, including whether the evidence was enough to support his conviction, if the jury was properly instructed on his alibi defense, and if his sentence was too harsh. The court determined that the trial court made an error by refusing to allow Jones to offer an alibi defense. It was concluded that he should have been given an instruction regarding this defense because he presented enough evidence to support it. The court noted that the law states a defense should be given when there is sufficient evidence for the jury to consider. Due to the lack of an alibi instruction during the trial, the court found that this mistake was significant enough to require a new trial, where Jones could properly present his defense. The court reversed the previous judgment and ordered a new trial with the right legal instructions provided to the jury. The dissenting opinion argued that the trial court was correct in its decision and that any error in not giving the alibi instruction was not harmful to the overall case.

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F 2005-362

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In OCCA case No. F 2005-362, Pat Lee Richardson appealed his conviction for First Degree Manslaughter. In an unpublished decision, the court decided to affirm his conviction but modified his sentence. One judge dissented regarding the sentence modification. Pat Lee Richardson was found guilty of First Degree Manslaughter after a trial without a jury in Comanche County. He was sentenced to 35 years in prison. He appealed, arguing that he had a defense based on Oklahoma's Make My Day Law, which allows people to use force against intruders in their homes. Richardson claimed the victim was an intruder when he was stabbed. The court explained that the Make My Day Law applies only when someone enters a home, but the victim was standing on the porch, not inside the house. Therefore, Richardson could not use that law as a defense. The court also noted that stabbing the victim a second time while he was on the ground was not justified. Richardson argued that his lawyer did not provide good assistance by not presenting the Make My Day Law defense. However, the court believed this did not affect the outcome of his trial since the law did not apply to his case. He also argued that his actions were justifiable as self-defense. The court stated that there was no evidence to show that he was in danger at the moment he stabbed the victim, considering the victim presented no serious threat. Lastly, Richardson argued that his 35-year sentence was too harsh. The court agreed and modified his sentence to 20 years, feeling that the original sentence was shocking and too severe when taking into account certain factors of the case. Overall, the court upheld the guilty verdict but decided to reduce the prison time that Pat Lee Richardson would have to serve.

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M 2005-0332

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In OCCA case No. M 2005-0332, the appellant appealed his conviction for reckless driving. In a published decision, the court decided to modify the conviction from reckless driving to speeding due to insufficient evidence of reckless behavior. One judge dissented. The case started when the appellant received a traffic ticket for speeding, going 90 mph in a 65 mph zone. The traffic stop occurred on a dry day with moderate traffic. The officer who stopped the appellant said he did not see anything dangerous other than the speeding. The appellant was guilty of speeding, but the state argued that speeding was enough to prove reckless driving. For reckless driving, the law requires showing that someone acted with culpable negligence, which means the behavior must be more than just speeding. The court cited past cases that supported this idea, indicating that simply going over the speed limit is not automatically reckless driving. The state claimed that because there were other cars on the road and the appellant passed an intersection, that made the speeding reckless. However, the appellant pointed out that while he was speeding, he did not engage in reckless behavior that would endanger others. Another issue in the case was that the trial judge asked a witness about intersections but did not allow the appellant to ask the witness questions afterward. The court found that this was a mistake because everyone has the right to question witnesses against them. In the end, the court decided that while the appellant was guilty of speeding, there wasn't enough evidence for the reckless driving charge. They changed the conviction to speeding, removed the reckless driving sentence, and sent the case back to the lower court to decide the proper punishment for speeding.

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M 2005-0332

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In OCCA case No. M 2005-0332, the appellant appealed his conviction for reckless driving. In an unpublished decision, the court decided to vacate the conviction and modify it to a lesser charge of speeding. One judge dissented. The case began when the appellant received a speeding ticket on September 17, 2003, for going 90 mph in a 65 mph zone. During the trial, the judge found the appellant guilty of reckless driving and sentenced him to 90 days in jail, with 30 days to serve and the rest suspended, along with a $300 fine. The appellant did not appeal in time but was allowed to do so later. During the appeal, the appellant claimed two main points. First, he argued that his speeding did not meet the level of culpable negligence needed for reckless driving. The law requires more than just speeding to prove reckless driving. The state argued that speeding around other cars during the day showed enough negligence to support the conviction. Second, the appellant contended that he was not allowed to cross-examine a witness after the judge asked a question about intersecting roads. The judge’s questioning provided new information that had not been discussed before. The court pointed out that the appellant had the right to confront witnesses and cross-examine them, which was denied in this case. Ultimately, the court found that there was not enough evidence to support the reckless driving charge and modified the conviction to speeding instead. The court agreed to vacate the reckless driving sentence and sent the case back to the district court for proper sentencing on the speeding charge.

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F-2001-991

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In OCCA case No. F-2001-991, Clayton Armstead appealed his conviction for Possession of a Controlled Drug (Cocaine Base) with Intent to Distribute, Second or Subsequent Offense. In an unpublished decision, the court decided to affirm his conviction, but modify his sentence. One judge dissented on the modification of the sentence. Armstead faced serious charges after a jury found him guilty, and the trial court sentenced him to 30 years in prison and a hefty fine. He raised several issues in his appeal, arguing that the jury was given wrong information about his sentence, that he should have been allowed to argue for a lesser charge, that he faced double punishment for the same act, and that his lawyer didn’t provide adequate defense. He also claimed his punishment was too harsh. The court carefully reviewed everything from the trial and found that there was indeed a mistake in how the jury was instructed about the possible punishments for his crime. The law stated he could have faced a different range of punishment, and since this legal error was recognized, the court decided to change his sentence to 10 years in prison and a lower fine. While one part of the court agreed with this decision, another judge noted that the jury should have considered a different minimum sentence, and believed that a 24-year sentence would have been more appropriate instead of changing it to 10 years. In conclusion, Armstead kept his conviction, but his sentence was changed to be less severe than what the jury initially decided.

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HC 2001-0440

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In OCCA case No. HC 2001-0440, the petitioner appealed his conviction for a sex offense. In a published decision, the court decided to grant extraordinary relief and remand the matter to the district court for further proceedings. One judge dissented. The case began when the petitioner, who was in prison for serious crimes, requested that he be allowed to receive good time credits that he felt were unfairly taken away. These credits could reduce his prison sentence. The problem arose from a requirement by the Department of Corrections (DOC) that inmates convicted of sex offenses must attend a treatment program. To join this program, inmates need to admit their guilt and provide personal information which could lead to further legal trouble. The petitioner argued that forcing him to admit to crimes he disagreed with violated his constitutional rights, specifically the right not to self-incriminate. Initially, the district court rejected the petitioner’s request for relief, stating he could not prove he would be released even if the credits were restored. The court found that the requirement to participate in the program was not only mandatory but also fair considering the law at that time. Moreover, the court dismissed the petitioner’s concern that these requirements amounted to unfair punishment, calling his claims frivolous. However, the petitioner took his complaint to the appeals court, where he argued that his situation was similar to another case from Kansas, where the courts agreed that inmates should not be forced to incriminate themselves in order to receive treatment. The appeals court acknowledged the need to further investigate this claim and ordered a hearing to gather more facts. During the hearing, the judge found that the DOC policy indeed put significant pressure on inmates to admit guilt, which violated their Fifth Amendment rights. The judge noted that the program's requirement to disclose past crimes, especially with potential consequences for refusing to do so, placed the inmates in a tough spot. The treatment primarily relied on inmates being honest about their past, which was considered coercive. Ultimately, the appeals court sided with the findings of the district court judge. They stated that while the DOC has a right to rehabilitate inmates, the requirement for them to confess and disclose could not override their constitutional protections. Therefore, they ruled in favor of the petitioner, calling for necessary changes in the DOC's policy to ensure that inmates’ rights were not violated. Thus, the case highlighted a significant legal question about balancing the need for rehabilitation with protecting individual rights. The decision pointed out the necessity for the DOC to adjust its programs to eliminate any requirement that might force an inmate to self-incriminate, while still letting them work toward rehabilitation.

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