Cumulative Error Doctrine Archives

F-2021-512

Post author:Staff
Post published:August 4, 2022
Post category:F

In OCCA case No. F-2021-512, Trevor Leif Toppah appealed his conviction for Burglary in the Second Degree and Obstructing an Officer. In an unpublished decision, the court decided to affirm his judgment and sentence, except for modifying the fee assessed for his indigent defense. One judge dissented. Toppah was found guilty of second degree burglary and obstructing an officer by a district court. The burglary charge was based on the fact that he broke into a parked automobile with the intent to commit theft. During his trial, the judge considered if there was enough evidence to support the burglary conviction, focusing on whether Toppah used force to enter the vehicle and if he had the intention of stealing anything. The court reviewed the evidence and determined that it was enough for a reasonable person to believe Toppah was guilty of burglary. They noted that breaking into a car, even by just opening the door, is considered a form of breaking necessary for a burglary charge. The court also mentioned that proving intent could be done through either direct or indirect evidence, which they found sufficient in Toppah's case. Toppah raised some issues regarding money charged for his defense costs. He argued that the court charged him too much and that it should be less, as stated in the law. Although his lawyer didn’t object to this during the trial, the court noticed that they had made a mistake. They admitted that the fee should have been $250 instead of the $500 that was charged. Lastly, Toppah argued that a series of errors during his trial caused him not to receive a fair trial. However, the court found that the only error that needed correcting was the higher fee, and that this error did not affect the overall fairness of his trial. In summary, the court upheld Toppah's conviction for burglary but corrected the amount he had to pay for the public defense.

F-2014-500

Post author:Staff
Post published:October 29, 2015
Post category:F

In OCCA case No. F-2014-500, Dale Lynn Taylor appealed his conviction for Second Degree Rape. In an unpublished decision, the court decided to affirm the conviction but modify the sentence to fifteen years in prison. No judges dissented. Dale Lynn Taylor was put on trial and found guilty of Second Degree Rape after a jury deliberated on the evidence presented. He had a previous felony conviction from 1992, which the State tried to use to enhance his punishment. However, since the previous conviction was over ten years old, it was considered stale and should not have been used for increasing his sentence. The jury originally recommended a punishment of twenty years in prison. The court reviewed Taylor's claims of error, which included the improper use of the old conviction, the admission of certain evidence, and the actions of the prosecution during the trial. The court found that while some issues raised were valid, others were not significant enough to alter the outcome of the case. After looking closely at all the evidence, the court decided that Taylor's sentence should be reduced to fifteen years in prison. They believed this was a fair outcome considering the circumstances of the case and the nature of the crime. Taylor's arguments about the trial process raised important points, but in the end, they did not change the decision about his guilt. The final outcome was that Taylor's conviction remained, but his punishment was adjusted to be more appropriate under the law. The court emphasized that even though there were problems, they did not warrant completely overturning the conviction. Therefore, he would still serve time but for a reduced period.