In OCCA case No. F-2013-608, the appellant appealed his conviction for multiple robbery and firearm-related charges. In an unpublished decision, the court decided to affirm most of the convictions and sentences, but it reversed one conviction for possession of a firearm after a former felony. One judge dissented.
In OCCA case No. F-2013-668, Aaron M. Holmes appealed his conviction for Possessing A Firearm After Felony Conviction. In an unpublished decision, the court decided to modify his sentence. One judge dissented. Aaron M. Holmes was found guilty by a jury for having a gun after previously being convicted of felonies. The jury sentenced him to life in prison and a fine of $10,000. Holmes appealed the conviction, stating several reasons he believed the trial was unfair. He argued that the prosecutor made mistakes by asking the jury to think about evidence from the first part of the trial in later parts. He also claimed his lawyer didn't help him well and that the jury was unfairly influenced by information about his past sentences, leading to a harsh punishment. The jury did clear Holmes of two other charges related to robbery and assault. During the court's review, it was found that the prosecutor was correct in including evidence from the earlier stages of the trial when discussing Holmes's situation. Because Holmes did not raise this concern during the trial, he could not challenge it fully on appeal. Concerning Holmes's claim about the prosecutor mentioning his past sentences, the court found that this was indeed a mistake since it could affect how the jury decided on his punishment. Because the jury opted for the maximum sentence possible, the court modified Holmes's punishment from life in prison to 30 years. As for the argument about the lawyer, the court decided it didn't make sense to say the lawyer was ineffective since the earlier issue was found not to be an actual error. Thus, this part of Holmes's appeal was denied. The court ultimately decided to keep the conviction but changed the length of the prison sentence to be less than what was initially given.
In OCCA case No. F-2013-137, Antonio Catalino Myrie appealed his conviction for burglary in the second degree. In an unpublished decision, the court decided to affirm Myrie's conviction but vacated the $10,000 fine imposed. One judge dissented regarding aspects of the sentencing arguments presented at trial. Antonio Myrie was tried and found guilty by a jury. The jury decided that he would spend thirty-five years in prison and pay a fine for the crime. Myrie appealed this decision, claiming several errors during his trial. He argued that the trial court made mistakes by not allowing him to suppress DNA evidence, not giving him more time to prepare his case, and other issues he thought affected his right to a fair trial. The judges reviewed the claims made by Myrie. They explained that the evidence used in his trial, including the DNA, was evaluated carefully. The judges believed that the trial court's decision to admit the DNA evidence was not a mistake. They also felt that Myrie did not show that he would have won his case even if the DNA had been tested differently. Myrie's other claims included that the court made mistakes in admitting hearsay evidence, which means statements made outside of court that shouldn't be used as evidence in court. The judges found that there was no strong reason to believe this would change the outcome of the trial, so they denied this claim as well. One important point was about how the jury was instructed on the consequences of a conviction. Myrie’s lawyers did not object to the jury instructions, and the judges concluded that one instruction wrongly made it sound like the fine was mandatory. They decided to remove the fine based on this mistake. Myrie also argued about misconduct during the trial, specifically that the prosecutor mentioned too many of his previous convictions, which he believed made the jury biased against him. However, the judges thought that while there were errors in how the prosecutor presented this information, it did not affect the fairness of the trial enough to change the outcome. In the end, the judges agreed that Myrie's punishment was justified given his past actions, and they decided to keep the thirty-five-year prison sentence while removing the fine due to a mistake about the jury instruction. One judge disagreed with parts of the decision, particularly about how the prosecutor argued about Myrie's past, stating it should have a different impact on the sentence. Overall, the court upheld the conviction and modified the fine.
In OCCA case No. F-2013-36, Jasper appealed his conviction for Conspiracy, Kidnapping, Attempted First Degree Rape, and First Degree Robbery. In an unpublished decision, the court decided to affirm Jasper's convictions but modify the sentence for First Degree Robbery. One judge dissented. Jasper was found guilty by a jury of four serious crimes. For Conspiracy, he was sentenced to ten years and fined $5,000. For Kidnapping, he received a 20-year sentence. Attempted Rape meant he was sentenced to 22.5 years, and for First Degree Robbery, he was given ten years. The sentences were supposed to be served one after the other, which made his total time in prison very long. Jasper raised several arguments on why he thought his convictions should be changed. He argued that the evidence didn't prove he was part of a conspiracy to commit rape, meaning there wasn't enough proof of an agreement to commit a crime. He also claimed that he shouldn't have been punished for both Kidnapping and Attempted Rape because they were connected to the same act. He believed this meant he faced double punishment for the same offense, which should not happen. Regarding his robbery conviction, Jasper contended that he shouldn't be punished for it because of double jeopardy, a rule that stops someone from being tried for the same crime twice. He also claimed the judge made a mistake when telling the jury about the sentence they could give him for robbery, which he believed went against his rights. Another argument was that some evidence presented during the trial wasn't fair and made him look bad but was not relevant to the case. He asserted that a lot of hearsay evidence was introduced that made his trial unfair and that his lawyer didn’t help him properly. After review, the court found that Jasper's conviction for Conspiracy was supported enough by evidence for the jury to make its decision. They ruled that the convictions for Kidnapping and Attempted Rape were also valid because they were considered separate crimes, meaning he could be punished for both. The claim of double jeopardy concerning his robbery conviction was rejected because the crimes he committed had different elements, making each punishment lawful. When it came to the sentencing instructions for First Degree Robbery, the court recognized a clear error since the jury was told wrong information about the possible sentence. They found that the minimum prison term should have been five years instead of ten. Because of this mistake, Jasper’s sentence for First Degree Robbery was modified. Other claims by Jasper about unfair evidence and the effectiveness of his lawyer did not convince the court to overturn his other convictions. The court believed that, aside from the sentencing issue, his trial was fair overall. At the end, the court kept Jasper’s convictions for Conspiracy, Kidnapping, and Attempted First Degree Rape as they were but changed his sentence for First Degree Robbery to five years. Thus, the court’s decision was mostly in favor of maintaining the original verdict and just correcting the sentencing issue.
In OCCA case No. F-2012-732, Omar Sharrod Pollard appealed his conviction for Unlawful Distribution of a Controlled Dangerous Substance (crack cocaine). In an unpublished decision, the court decided to affirm Pollard's conviction but modified his sentence. One Justice dissented. Here’s a breakdown of what happened in this case: 1. **Background**: Pollard was tried by a jury and found guilty of selling crack cocaine. He had prior felony convictions, which were used to enhance his sentence. The jury decided on a punishment of forty years in prison. 2. **Issues on Appeal**: Pollard raised several points in his appeal: - He claimed that he did not receive a fair trial due to the admission of multiple felony convictions from the same event to enhance his sentence. - He alleged prosecutorial misconduct that he believed made his trial unfair. - He argued that he did not receive effective help from his lawyer during the sentencing phase. - He said that information about his previous suspended sentences should not have been shared with the jury during the trial. - He questioned whether there was enough evidence for his conviction. - He thought his sentence was too long. - He claimed the accumulation of errors in his trial prevented a fair process. 3. **Court's Findings**: The court reviewed Pollard's claims. They concluded that while he did not need to reverse the conviction, his sentence needed to be adjusted. The court acknowledged two specific errors concerning how the State presented Pollard's prior convictions and the details of his past sentences to the jury. 4. **Errors Identified**: - It was wrong for the jury to hear about Pollard’s multiple felony convictions from the same incident. The law states that for estimating punishment, the jury should only be aware of one conviction from a single event. - Additionally, disclosing that some of his previous sentences were suspended was inappropriate. This information could have biased the jury against him and influenced their decision on sentencing. 5. **Conclusion**: The court felt that these mistakes likely swayed the jury's decision on Pollard's punishment. Therefore, they decided to reduce Pollard's prison sentence from forty years to twenty-five years. The judgment of the district court was affirmed, but Pollard's sentence was modified to a lesser term of 25 years in prison.
In OCCA case No. F-2012-559, Henry James, Jr. appealed his conviction for unlawful possession of cocaine and marijuana, and possession of drug paraphernalia. In an unpublished decision, the court decided to reverse his conviction for unlawful possession of marijuana but affirmed his convictions for unlawful possession of cocaine and drug paraphernalia. One judge dissented. Henry James was charged with having drugs, specifically cocaine and marijuana, and drug paraphernalia in Tulsa County. The charging document combined the possession charges into one count but listed two theories: possession of cocaine (a felony) and possession of marijuana (a misdemeanor). During the trial, the judge split these theories into separate charges for the jury to consider, leading to a verdict of guilty for both. As a result, James received sentences for both charges but they would run at the same time, so he didn't serve extra time. James felt it was unfair that he was found guilty of two crimes from what started as one charge. The court agreed that it was wrong to give him two convictions based on a single charge since the state didn't give him notice that he could face more than one conviction. They noted that James was not properly informed that he could be punished for both drugs, which could lead to confusion. The court decided to dismiss the conviction for unlawful possession of marijuana because of this error. However, they believed his sentence for unlawful possession of cocaine was fair and appropriate, so they did not change that. James also argued that admitting certain information could have negatively affected his case, but the court disagreed and found no significant error from that. Overall, James's judgment for unlawful possession of cocaine and drug paraphernalia was confirmed, but the marijuana conviction was overturned.
In OCCA case No. F-2012-1014, David Lynn Fleming appealed his conviction for Breaking and Entering, Possession of a Controlled Dangerous Substance (Methamphetamine and Marijuana), and Possession of Drug Paraphernalia. In an unpublished decision, the court decided to affirm the convictions but modified the sentence for the Possession of a Controlled Dangerous Substance to thirty years. One judge dissented regarding the modification of the sentence. Fleming was tried and found guilty of breaking into a home and possessing illegal drugs. The jury gave him a total of fifty years in prison for one count of drug possession. The main arguments in his appeal focused on whether he was punished too harshly for one act, issues with how the trial was conducted, and improper influences on the jury. The court found some merit in his claims about the evidence presented but ultimately upheld his convictions, changing only the sentence for drug possession based on a legal error made during the trial.
In OCCA case No. F-2012-170, Darnell Lamar Wright appealed his conviction for Robbery with a Firearm, False Personation, and Assault while Masked. In an unpublished decision, the court decided to affirm the convictions for Robbery with a Firearm and False Personation but reversed the conviction for Assault while Masked. One judge dissented. The case began when Wright was tried by a jury and found guilty on multiple counts. The jury recommended a life sentence for the robbery charge, four years for false personation, and twenty years for assault while masked. The judge sentenced him accordingly, ordering the sentences to run one after another. Wright raised several issues in his appeal. He argued that the trial court made errors that affected the fairness of his trial. One main concern was about how the court answered a jury question regarding parole eligibility for some of the charges. Wright claimed that the response was confusing and led to misunderstandings about how long he might serve. He also contended that there wasn't enough proof for the false personation charge, and he believed the law about that charge was unclear and unfair. Additionally, he argued that being convicted of both robbery with a firearm and assault while masked for the same act was not right, claiming it violated the principle against double jeopardy. Wright thought that evidence shown during the trial, which wasn’t directly related to him or the robbery, shouldn't have been allowed. He felt that this hurt his right to a fair trial. Lastly, he claimed that many small errors during the trial added up to deny him a fair chance. After reviewing Wright's arguments and the entire case, the court found that there was a valid point in Wright's argument about the assault charge. The court agreed that the attack with a weapon and the robbery were part of the same event and therefore should not both result in separate punishments. However, they found no substantial errors with the other appeals he raised. The judges stated that the original instructions the jury received were clear and that any confusion they had didn’t change the outcome of the trial. They also determined that the law concerning false personation was not vague and that the evidence against Wright was sufficient for the charges. Thus, while the court upheld the convictions for robbery and false personation, they overturned Wright’s conviction for assault while masked, instructing the lower court to dismiss that charge. The decision meant that Wright would have to serve time for the robbery and false personation but not for the assault.
In OCCA case No. C-2012-1154, Charles D. North appealed his conviction for First Degree Manslaughter, among other charges. In a published decision, the court decided to grant North's request to withdraw his guilty pleas due to the fact that he was denied his right to have a lawyer present during the hearing on this motion. North also challenged the legality of his sentences for two other counts. The court agreed that those sentences exceeded what was allowed by law. Therefore, they vacated the illegal sentences and sent the case back to the lower court for North to have new counsel and a new hearing on his motion to withdraw his pleas. No one dissented.
In OCCA case No. F 2012-639, Marty Lee Langley appealed his conviction for lewd molestation. In a published decision, the court decided to reverse the conviction and remand for a new trial. One judge dissented. Langley was found guilty of lewd molestation after a jury trial in Marshall County. The incident involved two separate and unrelated claims of molestation, but the jury was instructed that they could convict Langley based on either act. Langley argued that this was unfair because the jury should have agreed on one specific act. The court agreed that this was a significant error, stating that all jurors must be on the same page about which act they are considering when deciding a case. Additionally, the prosecutor made comments during closing arguments that suggested the jury should convict Langley to prevent him from harming other children in the future. The court found this to be improper as it is not right to convict someone based on the idea that they might commit future crimes. While Langley had other claims about the fairness of his trial and the effectiveness of his legal counsel, the court determined that the main issue had to do with the way the jury was instructed and the prosecutor's comments. Because of these errors, Langley's original trial was deemed unfair, leading to the decision for a new trial.
In OCCA case No. F-2011-1059, Cristopher Lyn Kibbe appealed his conviction for various crimes, including Attempted Second Degree Burglary, Second Degree Burglary, Driving with a Revoked License, and Conspiracy to Commit Burglary. In an unpublished decision, the court decided to affirm the judgment and sentence on the second and third counts, but modify the sentence on the attempted burglary to ten years. One judge dissented. Kibbe was found guilty by a jury and received a twenty-year sentence for each of the first two counts, while a fine of $100 was imposed for driving with a revoked license. His trial raised several issues related to judicial conduct and evidence. First, Kibbe argued that his trial was shaped unfairly by improper comments or testimonies from the prosecution. He claimed that a police officer made prejudicial remarks. However, the court found that the trial judge acted appropriately by not ordering a mistrial, as the errors cited were not fundamentally harmful to the fairness of the trial. Second, Kibbe contended that the evidence presented was not enough to support the jury's decision. The court determined that the testimony from his accomplice was properly corroborated and sufficient to justify the jury's verdicts. Kibbe also claimed that he was denied his right to present a full defense. Parts of his statements to police were not allowed into evidence. However, the court noted that many of Kibbe's exculpatory statements were presented before the jury, so it was unclear if additional statements would have made a difference. The appeal included complaints about evidence used during the sentencing phase. Kibbe's prior convictions were mentioned, and he argued that they should not have been because they were from similar transactions. The court upheld the trial judge’s decision to allow those convictions as proper evidence for sentencing enhancement. Kibbe's claims of prosecutorial misconduct were largely dismissed as well. Although he pointed out several alleged wrongdoings by the prosecutor, the court found that the arguments did not amount to significant error. Ultimately, the court modified Kibbe's sentence on one of the counts due to a clear legal error regarding the length of the sentence. The court reduced this sentence from twenty years to ten years, which adhered to statutory guidelines. The court did not find that the cumulative errors impacted Kibbe’s right to a fair trial, and therefore, most of his convictions and sentences were upheld. The decision was to confirm the judgment on Counts 2 and 3, and modify the sentence on Count 1.
In OCCA case No. F-2012-226, Johnny Sanders O'Neal, IV appealed his conviction for Second Degree Burglary, Endangering Others While Attempting to Elude a Police Officer, Driving a Motor Vehicle While Under the Influence of Drugs, and Driving While License Under Suspension. In a published decision, the court decided to affirm O'Neal's convictions but modified his sentences, reducing them from 20 years to 15 years for Count 1 (Burglary) and from 25 years to 20 years for Count 2 (Endangering Others), both to be served at the same time. One judge dissented.
In OCCA case No. F-2012-721, Deshaunte Devon Coulter appealed his conviction for Robbery with a Dangerous Weapon. In an unpublished decision, the court decided to affirm Coulter's conviction and sentence but vacated the restitution order, directing a new determination of the victim’s loss. One judge dissented. Coulter was found guilty by a jury and sentenced to thirty years in prison, along with an order to pay $2,300 in restitution. He raised several issues on appeal, including claims of unfair trial due to the admission of other crimes evidence, DNA evidence issues, prosecutorial misconduct, and excessive sentencing. The court looked closely at each of Coulter’s arguments. For the first claim about other crimes evidence, the court found there was no actual error because the officers’ testimonies did not specifically reference other crimes involving Coulter. Since Coulter did not challenge this during the trial, he could only appeal on the grounds of plain error, which the court ruled did not occur. In the second argument about DNA evidence, the court noted that Coulter had not shown that the State had erred. The evidence was timely provided, and the court did not find a Brady violation regarding the lack of lab notes since Coulter did not request them in time. For the third claim of prosecutorial misconduct, the court found that there was no actual error. The prosecutor’s comments during the trial were not improper, and thus did not violate Coulter's rights. In the fourth argument, regarding the claim that his sentence was excessive, the court concluded that the sentence fell within the legal limit and was not shockingly inappropriate under the circumstances. In the fifth claim, which concerned the assessment of restitution, the court found that the trial court did not follow proper procedures. The evidence presented at the sentencing didn’t adequately prove the victim's financial losses, so the restitution order was vacated. Finally, Coulter claimed that the cumulative effect of all errors deprived him of a fair trial, but the court found that wasn't the case. The decision affirmed Coulter's conviction and sentence while remanding the restitution matter for proper evaluation.
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.
In OCCA case No. F 2011-1045, Joshua Paul Nosak appealed his conviction for first-degree manslaughter, leaving the scene of a fatal accident, driving without a driver's license, and assault with a dangerous weapon. In an unpublished decision, the court decided to affirm his convictions but ordered that the case be sent back to fix a mistake in the sentencing. One judge disagreed with the decision. Nosak was found guilty of serious crimes after a jury trial. The jury decided he was guilty of first-degree manslaughter for driving while impaired and also found him guilty of leaving the scene of an accident after someone died. He was sentenced to a total of 50 years in prison for the manslaughter charge and received additional time and fines for the other offenses. Nosak's appeal raised several arguments. First, he believed that the court should not have allowed a specific charge against him because the underlying misdemeanor wasn't strong enough to support the manslaughter charge. However, the court found that this didn't really hurt his case because the jury found him guilty on other grounds. Second, Nosak argued that the court allowed bad evidence to be presented, which shouldn't have been allowed. The court found that he didn't object to this during the trial, so they couldn’t rule on it unless it was obviously wrong and affected his rights, which they determined it did not. Third, he claimed that he didn’t get good help from his lawyer. However, the court said that because the evidence against him was very strong, he could not show that he was harmed by any mistakes made by his attorney. The fourth point was about correcting mistakes in the court's decision regarding his punishment. The court accepted that there were errors in the sentencing order and decided to send the case back to fix them. Finally, Nosak argued that the many errors combined made it impossible for him to have a fair trial. But the court found that there were no individual mistakes that were serious enough to change the trial's outcome. In conclusion, the decision meant that while Nosak's convictions were upheld, the court would correct the sentencing mistakes before finalizing the case. One judge disagreed with this conclusion, but the others agreed with the majority opinion.
In OCCA case No. F 2011-1043, Ricky Carlos Colbert appealed his conviction for assault and battery on a police officer and larceny of merchandise from a retailer. In an unpublished decision, the court decided to affirm the convictions but ordered the case to be sent back to correct the judgment and sentence to show the correct crime of assault and battery on a police officer. One judge dissented. Colbert was found guilty of assaulting a police officer after he was identified during a video of the crime. He raised several arguments for his appeal, including ineffective assistance of counsel, errors in jury instructions, introduction of evidence, prosecutorial misconduct, inaccuracies in his sentence, and cumulative errors. The court carefully examined each argument. 1. For the first point, the court decided that Colbert's lawyer did not provide ineffective assistance. They felt his strategy in the case was acceptable, even if it didn't work out as planned. The lawyer's decision to dispute Colbert's identity rather than claiming he committed a lesser crime was valid, according to the court. 2. For the second point about not instructing the jury on a lesser offense, the court found that Colbert did not ask for this instruction, so they only looked for obvious errors (plain error). They concluded there was no plain error. 3. Regarding evidence, the court said the video of the crime was properly introduced, as there were no objections during the trial. 4. On the issue of prosecutorial misconduct, the court found no serious wrongdoing from the prosecutors. 5. The fifth point involved many mistakes in the judgment, which required a remand to correct records to indicate the correct conviction. 6. Lastly, the court found there were no individual errors that required relief, so cumulative error claims were not valid. Overall, the court concluded to send the case back for corrections but allowed the original convictions to stand. Colbert’s request for a hearing about his lawyer’s effectiveness was also denied.
In OCCA case No. F-2011-1047, Melvin Edward Dan appealed his conviction for robbery with a dangerous weapon, burglary in the first degree, and possession of a firearm after previous juvenile adjudication for a felony. In an unpublished decision, the court decided to affirm the convictions for robbery and burglary, but reverse the conviction for possession of a firearm. One judge dissented.
In OCCA case No. F-2011-671, Cruz appealed his conviction for Assault and Battery with a Dangerous Weapon. In an unpublished decision, the court decided to affirm his conviction and sentence. One judge dissented. Cruz was found guilty because he used a knife to attack another person. The main question was whether he acted in self-defense. The jury believed that Cruz was the aggressor and that the victim was unarmed when he was attacked. Cruz said he acted in self-defense, but the court found that the jury had enough evidence to support their decision that he did not qualify for this defense. Cruz raised several issues in his appeal. Firstly, he claimed that the evidence was not strong enough to convict him. However, the court said that the evidence was enough for a reasonable person to conclude that he was guilty without self-defense. Next, Cruz said there was a problem with how the jury was chosen and that it affected the trial. The court disagreed and said that the trial judge acted correctly when explaining how long the trial would take. Cruz also mentioned that he should have been credited for the time he spent in jail before the trial. The court agreed that this was an important point but noted there was no written record of this credit. However, they decided the case should be sent back to the lower court to correct this and make sure he received proper credit. He argued about the restitution order, saying the court should have determined how much he needed to pay. The court stated there was no error because a hearing was scheduled to decide on restitution after he was released. Cruz felt that the sentence he received was too harsh and that the fee for his attorney was excessive. The court ruled that the sentence was fair considering the crime and that the attorney fee would be reviewed later to check if it needed to be lowered. Lastly, Cruz claimed all the mistakes added up to mean he did not have a fair trial. The court ruled there were no real errors, so this point did not apply. In conclusion, the court confirmed the conviction and sentence but ordered that Cruz's sentence be revised to include credit for time served.
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.
In OCCA case No. F 2010-1128, Chad Allen Turner appealed his conviction for conspiracy to manufacture a controlled dangerous substance (methamphetamine) and conspiracy to traffic a controlled dangerous substance (methamphetamine). In an unpublished decision, the court decided to reverse the conviction for conspiracy to manufacture and affirm the conviction for conspiracy to traffic. One judge dissented. Chad Allen Turner was found guilty of two crimes involving methamphetamine. He was given two years in prison for one crime and fifteen years for the other, and he was ordered to serve these sentences one after the other. Turner believed his convictions were not fair for several reasons. He argued that there was not enough evidence to prove he was guilty of conspiracy to traffic methamphetamine. He also claimed that the prosecutors did not properly show how they handled the evidence of the drugs. Additionally, he felt the prosecutors did not tell the jury about any deals made with witnesses and made mistakes during their closing arguments that hurt his chance for a fair trial. Turner raised several other points about why he thought he should not have been convicted. He argued that he was punished twice for the same crime and that he didn’t get enough notice about the charges against him. He also believed he should have been given instructions about a lesser charge related to the crime. He felt that the court made mistakes during the trial that made it hard for him to get a fair outcome. After looking at all the facts and arguments presented, the court decided that there wasn’t enough proof to uphold one of the conspiracy charges against Turner. They agreed with his argument that there was only one conspiracy agreement, which made it unfair to convict him of both conspiracy charges. Therefore, the court reversed the conviction linked to that charge. However, the court found that there was enough evidence for the conspiracy to traffic charge, and they affirmed that conviction. In the end, the court told Turner that one of the charges against him was overturned and the other charge stood. The dissenting judge had a different opinion about some parts of the decision. In summary, the court agreed to reverse one of Turner's convictions but kept the other, affecting the total time he would spend in prison.
In OCCA case No. F-2010-914, Burdex appealed his conviction for uttering a forged instrument. In an unpublished decision, the court decided to affirm the judgment but modified Burdex's sentence from life imprisonment to twenty years. One judge dissented. Burdex was found guilty of dealing with a fake check, and the jury decided he should serve life in prison due to his past crimes. His appeal raised several issues, including whether he received a speedy trial, if the evidence against him was strong enough, and if the judge made mistakes during the trial. The court looked at the claim for a speedy trial and used a test from a previous case. They found that he was not denied this right. They also believed there was enough evidence that showed Burdex knew the check was fake since he gave different reasons for having it. Burdex argued that the state shouldn't have used some of his old felonies to lengthen his sentence. However, the court found that the state followed the rules correctly. They said that the past felonies were not too old to be used in deciding his punishment. The court also looked into whether Burdex had good lawyers. They found no evidence that his lawyers did a bad job. Additionally, the judges decided the trial court was correct in not explaining what a life sentence meant. When it came to his sentence, the court felt that life imprisonment was too harsh for a non-violent crime. They noticed that the jury seemed to struggle with the punishment and had questions about how to decide it. Because of this, they decided to change his sentence to twenty years instead of life. In summary, the court agreed with the trial's decision to convict Burdex but felt the punishment should be lighter. One judge did not agree with changing the sentence and believed the jury's decision on punishment should stay as it was.
In OCCA case No. F-2010-644, Jones appealed his conviction for kidnapping, possession of cocaine, and possession of drug paraphernalia. In a published decision, the court decided to affirm the convictions but vacate the fine related to the drug paraphernalia charge. One judge dissented. Jones was found guilty after a jury trial in which he faced several charges, including kidnapping and drug offenses. The jury sentenced him to thirty years for the kidnapping and twenty years for the cocaine possession, with the drug paraphernalia charge resulting in one year and a $1,000 fine. In his appeal, Jones raised multiple issues, including whether the jury was properly instructed, if his trial was fair, and if his lawyer was effective. He specifically challenged how the trial was conducted regarding the instructions given to the jury and the evidence allowed by the court. The court found that the jury had been adequately instructed and that any mistakes made in the instructions did not affect the final outcome of the trial. While it agreed that the jury was improperly instructed about determining punishment in a bifurcated trial for the misdemeanor charge, it noted that all of his sentences ran concurrently, which reduced the impact of that error. Jones also argued that introducing evidence of his other crimes was unfair, but the court decided that this evidence was relevant and crucial for the jury to understand the context of the case. As for his claim of ineffective assistance of counsel, the court ruled that Jones failed to demonstrate how his lawyer's performance was deficient or how it affected the outcome of his trial. The court concluded that the evidence was sufficient for the charges against him and found that his sentences were appropriate, rejecting his claim that they were excessive. Finally, when considering if the combined errors denied him a fair trial, the court decided that the errors did not undermine his conviction, except for vacating the fine of $1,000 for the drug paraphernalia charge. Overall, the court affirmed the convictions for kidnapping and possession of cocaine but made one adjustment regarding the fine for the drug paraphernalia charge due to a procedural issue.
In OCCA case No. F-2010-203, Travis Lee Danley appealed his conviction for First Degree Murder and other charges. In a published decision, the court decided to modify his conviction for Larceny from a House to Petit Larceny but affirmed the other convictions. One judge dissented. Danley was found guilty of two counts of First Degree Murder, Second Degree Arson, Larceny from a House, and Larceny of an Automobile, and sentenced to life in prison without parole on the murder counts, among other sentences. The events occurred on August 31, 2008, when Danley shot two victims in a home after an argument, attempted to cover up the crime, and fled the scene with stolen items. During his trial, Danley raised several issues on appeal, including that the district court should have declared a mistrial after the jury heard testimony about his probation, whether there was enough evidence for the larceny conviction, prosecutorial misconduct, claims of ineffective assistance of counsel, and cumulative error from the trial. The court found that the mention of Danley being on probation did not prejudice the trial significantly and upheld the district court's ruling. However, it agreed with Danley that the evidence did not support a conviction for Larceny from a House, as he was a guest in the home and did not unlawfully enter. Therefore, his charge was modified to Petit Larceny due to insufficient evidence regarding the value of the stolen items. Claims of prosecutorial misconduct were also considered, with the court noting that the prosecutor's questions and comments did not render the trial unfair. Danley’s argument regarding ineffective assistance of counsel was rejected, as the jury instructions were deemed adequate at the time of the trial. Lastly, the court ruled that even if there were errors during the trial, they did not cumulatively harm Danley's right to a fair trial. In summary, the court affirmed most of the trial's decisions but modified one conviction due to insufficient evidence, affirming the principle that defendants deserve fair treatment under the law.
In OCCA case No. RE-2010-819, Joshua Dee Taylor appealed his conviction for Assault with a Dangerous Weapon and Domestic Abuse-Assault and Battery in Presence of Minors. In an unpublished decision, the court decided to affirm the revocation of three years of his suspended sentence. One judge dissented. Joshua Dee Taylor was sentenced for two crimes: one serious and one misdemeanor. These were combined into a single sentence where he was supposed to serve time in prison but was allowed to stay out under certain rules, like not leaving Oklahoma without permission and taking his medication. However, he got into trouble after the state said he broke the rules of his probation. The state said Taylor didn’t report to his probation officer, left the state without permission, didn’t pay required fees, and had trouble with taking his medications. Because of these violations, the court held a hearing and decided that he had indeed violated the rules. The judge revoked part of his probation, taking away three years of his suspended sentence. In his appeal, Taylor claimed the judge made mistakes in deciding to revoke his probation. He argued that the written order did not match what the judge said in court and that the judge unfairly included conditions that were not agreed upon verbally. He also claimed the decision to revoke was unreasonable because his mental state made it hard for him to follow the instructions. Taylor said he could not pay the probation fees and that there were many errors made during his case. The court looked closely at his arguments. They noticed that there was an error in the written order compared to what was said in court and suggested the lower court fix this. However, they decided that even with this error, the other reasons for revoking his probation were valid, and he still broke the rules by not complying. Even though they acknowledged his points about medication and fees, they agreed that other violations were enough to support the judge’s decision to revoke his probation. They stated that he understood the rules but chose not to follow them. The appeal resulted in the court affirming the revocation while instructing the lower court to correct the paperwork.
In OCCA case No. F-2010-555, Keighton Jon Budder appealed his conviction for First Degree Rape (Counts I and III), Assault and Battery with a Deadly Weapon (Count II), and Forcible Oral Sodomy (Count IV). In an unpublished decision, the court decided to modify his sentences for Counts I and III to life imprisonment with the possibility of parole. One judge dissented.