Criminal Prosecutions Archives

F-2017-762

Post author:Staff
Post published:November 18, 2018
Post category:F

In OCCA case No. F-2017-762, Kendell Paul Sparrow appealed his conviction for Murder in the First Degree (Malice Aforethought). In a published decision, the court decided to affirm the Judgment and Sentence of the district court, sentencing him to life imprisonment with the possibility of parole. One judge dissented. Sparrow was convicted of a serious crime, and his appeal included two main issues. First, he argued that the trial should not have included the preliminary hearing testimony of a witness because he believed it went against his right to confront witnesses. Second, he contended that there was not enough evidence to support his conviction for murder. During the trial, the court allowed a witness’s earlier testimony to be used because that witness was unavailable to testify in person. Sparrow challenged this, claiming it violated his constitutional rights. However, the court found no error because the State had made reasonable efforts to bring the witness to trial. The court also determined that Sparrow had a chance to question the witness during the preliminary hearing. Therefore, the admission of the testimony was upheld. As for the evidence presented against Sparrow, the court examined whether the State proved he was guilty of murder. The law requires that to convict someone of first-degree murder, it must be shown they unlawfully caused the death of another with intent or malice. The court looked at all the evidence in favor of the State and concluded that reasonable jurors could find Sparrow guilty beyond a reasonable doubt. Ultimately, the court decided that Sparrow's appeal did not provide grounds for reversing his conviction. Therefore, the original sentence of life imprisonment was affirmed.

S-2016-169

Post author:Staff
Post published:November 17, 2016
Post category:S

In OCCA case No. S-2016-169, Patrick Lee Walker appealed his conviction for distributing a controlled dangerous substance (methamphetamine) within 2,000 feet of a school. In an unpublished decision, the court decided to affirm the trial court's ruling that granted Walker's motion to quash and dismissed the case. One judge dissented. The case began when Walker was charged in Kay County District Court with distributing methamphetamine after a controlled purchase was made by a confidential informant. A deputy had coordinated this controlled buy and testified that the informant bought meth from Walker at a location in Kay County. The informant was searched before the transaction to ensure she had no drugs. After meeting Walker, they drove together to Osage County where the exchange happened. There was a lack of evidence presented about the exact location where the drugs were handed over, which was crucial to prove that the crime occurred within the required distance of a school. During the preliminary hearing, the judge decided that while the distribution started in Kay County, there wasn't enough evidence to show that the drugs were handed over in that county or within 2,000 feet from a school. Because of this, the judge dismissed the case when Walker's defense claimed that the evidence was insufficient. The court discussed whether the trial court had made an error in dismissing the case. The main two arguments from the State's appeal were that the district court wrongly decided it didn't have the required evidence for venue and that it unfairly denied the State's request to amend the Information (the official charge). The court explained that the State must show probable cause that a crime happened and clarify where that crime occurred. They noted that although it was shown that a crime likely happened, it was not in the form correctly charged due to not proving all essential elements of the offense, as required under Oklahoma law. While the trial court's decision to dismiss the case was recognized as legally incorrect, it did not lead to a different outcome because the State did not ask to amend the charge during the hearing. Therefore, even though the lower court may have acted without the right understanding of the law regarding amendments, it did not influence the decision because of the procedural issues involved. The court ultimately upheld the dismissal of the charges against Walker, agreeing with the lower court's conclusion that there was insufficient evidence of the crime occurring within the jurisdiction required by law. The ruling was affirmed, and thus the case remained closed without further proceedings.