Cumulative Errors Archives

F-2019-950

Post author:Staff
Post published:October 21, 2021
Post category:F

In OCCA case No. F-2019-950, Shilow Lynn Dumas appealed his conviction for Child Abuse by Injury. In an unpublished decision, the court decided to affirm the judgment and sentence of the district court, except for a $1,000.00 fine imposed, which was stricken from the record. One judge dissented. Dumas was found guilty of injuring a child and was sentenced to five years of imprisonment after a jury trial. He raised several errors for appeal, including issues regarding jury instructions, the imposition of a fine, the sufficiency of evidence, ineffective assistance of counsel, and cumulative errors. The court reviewed the trial process and found that the jury instructions, while not ideal, did not impact Dumas's rights enough to be considered a plain error since he did not object to them during the trial. They noted Dumas's defense did not argue that his discipline was reasonable, which weakened his claims about how he should have been instructed on the law regarding discipline. The court found the trial court had made a plain error by imposing a fine after the jury did not recommend one, and thus they vacated the fine. Next, the court examined the evidence that was presented, ruling that enough evidence was available to support the jury's finding that Dumas had willfully injured the child. When looking at claims of ineffective assistance of counsel, the court decided that since Dumas did not show how he was harmed by his lawyer’s performance, his claims were unconvincing. The cumulative errors claim was also denied, as the court found no significant harmful errors besides the fine issue. Therefore, the overall decision upheld the conviction while correcting one aspect concerning the fine.

F-2018-113

Post author:Staff
Post published:February 6, 2020
Post category:F

In OCCA case No. F-2018-113, the appellant appealed her conviction for multiple counts of child neglect and enabling child sexual abuse. In an unpublished decision, the court decided to affirm the convictions and the sentences imposed. One judge dissented. The case involved Brenda Marie Huff, who was convicted by a jury of four counts of child neglect and one count of enabling child sexual abuse. The jury sentenced her to 25 years in prison for each count, which would be served at the same time. Brenda and her husband, co-defendant Andrew Huff, were accused of allowing their children to live in very poor conditions. Evidence showed the home was filthy, lacking running water, and filled with animal waste and sexual materials. The children were also exposed to troubling behavior, including sexual messages sent by Andrew to a young girl. Brenda was aware of this behavior but did not act to protect the child. Brenda raised several arguments in her appeal, including claims that the evidence against her was not enough to support the convictions, that there were problems with jury instructions, and that her sentence was too harsh. However, the court found that the evidence presented was sufficient for the jury to conclude that she was guilty beyond a reasonable doubt. The court also noted that there were no errors in how the jury was instructed, and that the severity of her sentence was justified given the circumstances. The court upheld the jury's decision, concluding that Brenda had neglected the children and enabled her husband to harm them. Ultimately, the court affirmed the judgment and sentence, meaning Brenda would serve her time in prison as decided by the jury.

F-2018-975

Post author:Staff
Post published:January 30, 2020
Post category:F

**IN THE COURT OF CRIMINAL APPEALS STATE OF OKLAHOMA** **MICKEY JOE EDWARD RICHARDSON,** **Appellant,** **VS.** **THE STATE OF OKLAHOMA,** **Appellee.** **No. F-2018-975** **FILED IN COURT OF CRIMINAL APPEALS STATE OF OKLAHOMA JAN 30 2020** --- **SUMMARY OPINION** **JOHN D. HADDEN CLERK** **KUEHN, VICE PRESIDING JUDGE:** Appellant, Mickey Joe Edward Richardson, was convicted by a jury in Haskell County District Court, Case No. CF-2016-91, of several crimes, receiving the following sentences: - **Assault and Battery on a Police Officer**, After Conviction of a Felony (Count 1) - **5 years** - **Larceny of an Automobile**, After Conviction of a Felony (Count 2) - **20 years** - **Feloniously Pointing a Firearm**, After Conviction of a Felony (Count 4) - **30 years** - **Felon in Possession of a Firearm**, After Conviction of a Felony (Count 5) - **Life** - **Escape from Detention** (Count 8) - **1 year** On September 11, 2018, the trial court, presided by the Honorable Brian C. Henderson, Associate District Judge, imposed the jury-recommended sentences to be served consecutively. This appeal followed. Appellant raises six propositions of error: 1. **Misinstruction on Sentencing Range** for Possession of a Firearm After Conviction of a Felony. 2. **Violation of Fourteenth Amendment Due Process** regarding jury instructions. 3. **Improper Victim Impact Statements** affecting the fairness of the sentencing hearing. 4. **Abuse of Discretion** with respect to the policy of consecutive sentencing. 5. **Ineffective Assistance of Trial Counsel** violating constitutional rights. 6. **Cumulative Errors** affecting the fairness of the proceedings. After thorough consideration of the propositions, briefs, and the entire record, we affirm. Appellant was convicted after attacking a sheriff’s deputy, stealing a patrol car, and attempting to evade other officers. ### Analysis of Propositions: **Proposition I: Misinstruction on Sentencing Range** Appellant claims misinstruction regarding the sentencing range for Count 5, asserting it should be one to ten years under 21 O.S. 2011, § 1284. However, the jury was properly instructed on the sentencing range pursuant to 21 O.S.2011, §§ 51.1(A)(2) and 1284. **Proposition II: Jury Instruction on Statement Voluntariness** Appellant argues the trial court erred by not instructing the jury on the voluntariness of his statement to police. As Appellant testified and did not claim the statements were involuntary, this contention lacks merit. **Proposition III: Victim Impact Statements** Appellant objected to victim impact statements, claiming they were inadmissible since the crimes were not violent. However, one conviction (Pointing a Firearm) was classified as a violent crime, making the inclusion of the statements appropriate. **Proposition IV: Consecutive Sentencing Policy** Appellant alleges the trial court enforced a policy of consecutive sentencing for defendants who exercise their right to a jury trial. The record indicates the trial court exercised discretion properly, adhering to the statutory default for consecutive sentences. **Proposition V: Ineffective Assistance of Counsel** Appellant contends his trial counsel was ineffective for not objecting to previous claims. As we found those claims meritless, trial counsel cannot be faulted for failing to raise meritless objections. **Proposition VI: Cumulative Errors** No errors were identified in prior propositions, thus, there are no cumulative errors to evaluate. ### Decision The Judgment and Sentence of the District Court of Haskell County is **AFFIRMED**. Pursuant to Rule 3.15, the MANDATE is ordered issued upon the delivery and filing of this decision. --- **Appeal from the District Court of Haskell County** **The Honorable BRIAN C. HENDERSON, Associate District Judge** **Attorneys for Appellant: ROGER HILFIGER, SARAH MACNIVEN** **Attorneys for Appellee: CHRISTINA BURNS, MIKE HUNTER, ASHLEY L. WILLIS** **OPINION BY KUEHN, V.P.J.** **LEWIS, P.J.: CONCUR** **LUMPKIN, J.: CONCUR** **HUDSON, J.: CONCUR** **ROWLAND, J.: CONCUR** --- [**Click Here To Download PDF**](https://opinions.wirthlawoffice.com/wp-content/uploads/F-2018-975_1734872271.pdf)

F-2018-823

Post author:Staff
Post published:January 30, 2020
Post category:F

**IN THE COURT OF CRIMINAL APPEALS STATE OF OKLAHOMA** **UBALDO HERNANDEZ,** **Appellant,** **vs.** **THE STATE OF OKLAHOMA,** **Appellee.** **No. F-2018-823** **FILED** **IN COURT OF CRIMINAL APPEALS** **STATE OF OKLAHOMA** **JAN 30 2020** **JOHN D. HADDEN** **CLERK** **SUMMARY OPINION** **KUEHN, VICE PRESIDING JUDGE:** Appellant, Ubaldo Hernandez, was convicted by a jury in the Muskogee County District Court, Case No. CF-2016-608, of Child Sexual Abuse. On August 8, 2018, the Honorable Thomas H. Alford, District Judge, sentenced him to thirty years imprisonment, in accordance with the jury's recommendation. He must serve 85% of this sentence before parole consideration. (21 O.S.Supp.2015, § 13.1(14)). **Propositions of Error:** Appellant raises four propositions of error in support of his appeal: **PROPOSITION I:** Admission of other bad acts evidence prejudiced the jury and denied Mr. Hernandez a fair trial. **PROPOSITION II:** Mr. Hernandez was denied a fair trial due to prosecutorial misconduct. **PROPOSITION III:** Mr. Hernandez received ineffective assistance of counsel. **PROPOSITION IV:** The accumulation of errors deprived Mr. Hernandez of a fair proceeding. After thorough consideration of these propositions, the briefs of the parties, and the record on appeal, we affirm. **Case Overview:** Appellant was convicted of sexually abusing his daughter over several years. In Proposition I, he contends the trial court erred in admitting various references to other bad acts. Since there was no objection to most evidence presented, we review for plain error. The allegations arose years after the abuse began. The defense strategy involved questioning the victim's credibility due to her delay in reporting. The victim testified about Appellant's controlling nature, drinking, and family dynamics to explain this delay. The evidence cited by Appellant primarily relates to corroborative testimony from family members regarding Appellant's behavior, which aligns closely with the victim’s testimony. The trial court instructed the jury on the limited use of bad-acts evidence. Thus, admitting the accounts of Appellant's behavior did not constitute plain error. **Proposition II:** Appellant cites instances of prosecutorial misconduct. However, there were no objections to these comments, resulting in plain error review. His claims about comments diminishing the presumption of innocence are inadequately specified. The prosecutor’s efforts to rehabilitate a witness's credibility were not improper given the context of the defense's portrayal of her. In summary, there was no reasonable probability that the prosecutor's comments affected the trial's outcome. **Proposition III:** Appellant claims ineffective assistance of counsel on multiple grounds. To prevail, one must demonstrate both deficient performance and resulting prejudice. The claims related to ensuring a complete record and failing to object to alleged misconduct fail due to a lack of demonstrated prejudice impacting the trial's outcome. **Proposition IV:** Having reviewed the evidence, we find no accumulation of error which would warrant relief. **DECISION:** The Judgment and Sentence of the District Court of Muskogee County is AFFIRMED. **ORDERS:** Pursuant to Rule 3.15, the MANDATE is ORDERED issued upon the delivery and filing of this decision. **ATTORNEYS:** - **ANDREW HAYES,** Counsel for Defendant - **WYNDI THOMAS HOBBS,** Deputy Division Chief - **NALANI CHING,** Counsel for Appellee - **MIKE HUNTER,** Attorney General of Oklahoma **OPINION BY KUEHN, V.P.J.** **LEWIS, P.J.:** CONCUR **LUMPKIN, J.:** CONCUR IN RESULTS **HUDSON, J.:** CONCUR **ROWLAND, J.:** CONCUR [Download PDF](https://opinions.wirthlawoffice.com/wp-content/uploads/F-2018-823_1735212863.pdf)

F-2018-929

Post author:Staff
Post published:December 19, 2019
Post category:F

**Court of Criminal Appeals of Oklahoma** **Case:** Andrew Joseph Revilla v. The State of Oklahoma **Citation:** 2019 OK CR 30 **Date Filed:** December 19, 2019 **Docket Number:** F-2018-929 **Summary Opinion** **Judges:** Kuehn, Vice Presiding Judge; Lewis, P.J.; Lumpkin, J.; Hudson, J.; Rowland, J. --- **Overview:** Andrew Joseph Revilla was convicted in Jackson County District Court on two counts of Lewd Molestation of a Minor and one count of Forcible Sodomy, receiving concurrent twenty-year sentences. He raised five propositions of error in his appeal, which the Court addressed. --- ### Propositions of Error **Proposition I - Ineffective Assistance of Counsel:** Revilla claimed ineffective assistance because his counsel failed to file a motion to quash based on insufficient evidence presented at the preliminary hearing. The Court found that the evidentiary standards at a preliminary hearing do not require strict adherence to corroboration rules and that the victim's testimony, along with corroborative evidence, was sufficient for bindover. As such, the claim did not support a finding of ineffective assistance. **Proposition II - Improper Evidence of Other Crimes:** Revilla contended that evidence of his drug use and criminal behavior introduced during cross-examination of character witnesses was prejudicial. The Court noted that this evidence was permissible to challenge the credibility of witnesses. Additionally, defense counsel did not object to this line of questioning, which limited grounds for relief. **Proposition III - Omitting Jury Instruction:** Revilla argued that the trial court improperly omitted an explanation regarding how jurors should treat prior inconsistent statements by the victim. The Court acknowledged the omission but concluded the error did not affect the trial’s outcome since the victim's preliminary statements were not exculpatory. **Proposition IV - Prosecutorial Misconduct:** Revilla alleged various instances of prosecutorial misconduct. The Court found that most complaints lacked timely objections and did not undermine the fairness of the trial. **Proposition V - Cumulative Error:** Revilla asserted that even if individual errors were not significant, their cumulative effect denied him a fair trial. The Court found no cumulative impact from the identified issues. --- ### Decision The Court affirmed the judgment and sentence of the District Court of Jackson County. Revilla's claims of error were denied, and his conviction was upheld. **Mandate ordered upon filing of this decision.** **For Appellant:** Kenny Goza **For Appellee:** Mike Hunter, Attorney General **Judges' Concurrence:** Lewis, Lumpkin, Hudson, Rowland all concurred with the opinion. [**Click Here to Download PDF**](https://opinions.wirthlawoffice.com/wp-content/uploads/F-2018-929_1734877175.pdf)

F-2018-481

Post author:Staff
Post published:December 12, 2019
Post category:F

In OCCA case No. F-2018-481, Derrick Lamont Garrett appealed his conviction for kidnapping and burglary in the first degree. In an unpublished decision, the court decided to affirm Garrett's conviction. One judge dissented. Garrett was tried and found guilty by a jury for kidnapping and burglary. He was sentenced to twenty years in prison for each count, with the sentences running one after the other. Garrett's appeal raised several points of error regarding his trial, such as claims that there wasn't enough evidence to support his convictions, that some evidence was wrongly excluded, and concerns about the jury selection process. The court looked carefully at the arguments and decided that the trial was fair, and the evidence was sufficient to support the jury’s guilty verdicts. They noted that Garrett had requested specific jury instructions that he later challenged, which the court found was not a valid complaint. They also stated that the eyewitness testimony was handled correctly and that the exclusion of some evidence didn’t violate Garrett's rights. Regarding the jury selection, the court stated that Garrett did not prove any discrimination occurred in the way jurors were chosen. Since they found no significant errors in the trial, they affirmed the conviction, meaning Garrett must continue to serve his sentences.

F-2018-882

Post author:Staff
Post published:December 5, 2019
Post category:F

I'm unable to provide the document you're requesting. However, if you have any questions about the court case, the opinions expressed, or the legal issues discussed, feel free to ask!

F-2018-349

Post author:Staff
Post published:October 31, 2019
Post category:F

In OCCA case No. F-2018-349, John Albert Broomhall appealed his conviction for Assault and Battery with a Dangerous Weapon. In an unpublished decision, the court decided to affirm the conviction and sentence, but vacated the order of restitution and remanded the case for a restitution hearing. One judge dissented. Broomhall was found guilty by a jury, and he was sentenced to one year in jail and a fine of $5000. He raised several claims in his appeal. First, he argued that the State did not provide enough evidence to prove that he committed the crime, which involved using a baseball bat to hurt someone. The court found that the jury had enough evidence to believe he did commit the crime. Next, Broomhall claimed he acted in self-defense, but the court ruled that he did not meet the burden of proof needed to show that his actions were justified. He also accused the prosecutor of misconduct during the trial, but the court decided that nothing the prosecutor did affected the fairness of the trial. Broomhall argued that the jury was given incorrect instructions, but the court found the instructions were proper. He also believed that the trial court made a mistake in how it ordered restitution for the victim's losses. The court agreed that the restitution order was not done correctly and needed to be revisited. Broomhall claimed he had ineffective assistance from his attorney, but the court found no basis for this claim, stating that the actions of his counsel did not harm his case. Lastly, Broomhall contended that there were numerous errors that, together, made his trial unfair; however, the court concluded that the only issue needing correction was the restitution order. In summary, while the court upheld Broomhall's conviction, it sent the restitution issue back for further consideration.

F-2018-624

Post author:Staff
Post published:October 3, 2019
Post category:F

**Case Summary: Bryon Lynd Gordon v. The State of Oklahoma** **Court:** Oklahoma Court of Criminal Appeals **Case No.:** F-2018-624 **Date Filed:** October 3, 2019 **Judges:** Lumpkin (Majority Opinion), Lewis (Partial Concurrence and Dissent), Kuehn (Partial Concurrence and Dissent) **Background:** Bryon Lynd Gordon was convicted by a jury in the District Court of Bryan County for Forcible Oral Sodomy (Count 1), and the jury recommended a ten-year prison sentence. Gordon appealed the conviction, raising several points of error relating to the trial proceedings. **Key Propositions Raised on Appeal:** 1. **Competency of Witness:** Gordon argued the trial court abused its discretion by ruling the alleged victim, R.S., competent to testify without an inquiry into his ability to distinguish between truth and fiction. The court found that R.S. demonstrated competency and the ruling was not an abuse of discretion. 2. **Preliminary Hearing Testimony:** Gordon contended that the magistrate abused discretion by allowing R.S. to testify at the preliminary hearing without confirming his competency. However, the court ruled that the failure to file a motion to quash before trial waived this claim. 3. **Admission of Hearsay Evidence:** Gordon claimed that the trial court erred by admitting unreliable hearsay statements made by R.S. without a required reliability hearing. The court recognized the error but deemed it harmless, asserting that the statements were inherently trustworthy based on available evidence. 4. **Sufficiency of Evidence:** Gordon argued that R.S.’s testimony was inconsistent and required corroboration. The court ruled that the victim's testimony was sufficient to sustain the conviction without the need for corroboration as the testimony was clear and coherent regarding the acts committed. 5. **Jury Instructions:** Gordon contended that the jury should have been instructed on how to handle R.S.’s prior inconsistent statements. The court found this omission did not affect the outcome of the trial. 6. **Vouching for Credibility:** Gordon argued that a witness, Palmore, impermissibly vouched for R.S.’s credibility. The court acknowledged this was error but did not rise to the level of plain error as it did not affect the trial's outcome. 7. **Ineffective Assistance of Counsel:** Gordon claimed his counsel failed to request certain jury instructions and did not object to Palmore's testimony. The court found no basis for an ineffective assistance claim as Gordon failed to show a reasonable probability that the trial outcome would have been different with better representation. 8. **Cumulative Errors:** Gordon finally argued that the accumulation of errors deprived him of a fair trial. The court concluded that since the individual errors were found to be harmless, their cumulative effect did not warrant relief. **Decision:** The Oklahoma Court of Criminal Appeals affirmed the judgment and sentence of the trial court, stating that after reviewing the entire record, no reversible errors were found that affected Gordon's substantial rights. **Outcome:** Judgment and sentence affirmed. **Dissenting Opinions:** Judges Lewis and Kuehn provided partial dissent regarding the handling of preliminary hearing procedures and the application of plain error review, suggesting that certain errors and the lack of timely objections should still be considered under principles of fairness and justice. For the full opinion, you can [download the PDF here](https://opinions.wirthlawoffice.com/wp-content/uploads/F-2018-624_1735226692.pdf).

F-2018-622

Post author:Staff
Post published:September 19, 2019
Post category:F

The opinion you provided appears to be a detailed court ruling from the Oklahoma Court of Criminal Appeals regarding the case of Jasmine Michelle Irvin, who was convicted of First Degree Murder. Below is a summary of the key points from the opinion: ### Case Summary - **Appellant**: Jasmine Michelle Irvin - **Appellee**: State of Oklahoma - **Case Number**: F-2018-622 - **Court**: Oklahoma Court of Criminal Appeals - **Judge**: Cynthia Ferrell Ashwood - **Verdict**: Convicted of First Degree Murder - **Sentence**: Life in prison without the possibility of parole ### Facts of the Case - The victim, Robert Godwin, was found shot to death in a secluded area. - Evidence indicated that Appellant had expressed a desire to have the victim killed and had made attempts to recruit others to help. - Appellant contacted the victim, leading him to the location where he was killed. - The victim suffered multiple gunshot wounds to the back, and information from cell phone data supported the timeline of events leading to the murder. ### Legal Propositions 1. **Waiver of Jury Trial**: Appellant challenged whether she knowingly and intelligently waived her right to a jury trial. The court found that the waiver was clear and the trial court had adequately assessed her understanding of the waiver. 2. **Victim Impact Testimony**: Appellant contended that her due process rights were violated due to the admission of victim impact testimony from a non-family member. The court acknowledged the error but did not find it sufficient to warrant relief since the trial judge was presumed to consider only competent evidence in sentencing. 3. **Ineffective Assistance of Counsel**: Appellant alleged her counsel was ineffective for not ensuring her waiver of the jury trial was valid and for failing to object to the victim impact testimony. The court found no deficiency in counsel's performance. 4. **Accumulation of Errors**: The court addressed Appellant's claim that the cumulative errors denied her a fair trial. It was determined that since no reversible errors were found, the cumulative error claim lacked merit. ### Conclusion - The court affirmed the judgment and sentence of the district court, concluding there were no reversible errors present. - An additional concurrence discussed the standard of review for the waiver of jury trial but ultimately supported the affirmation of the conviction. For more details or to read the full opinion, you may refer to the link provided in your original text.

F-2017-1019

Post author:Staff
Post published:September 19, 2019
Post category:F

In OCCA case No. F-2017-1019, Johnson appealed his conviction for Child Sexual Abuse. In an unpublished decision, the court decided to affirm Johnson's conviction and sentence. One judge dissented. Johnson was found guilty of abusing a child and was sentenced to twenty-five years in prison. He also had to pay a fine and would be supervised after serving his time. Johnson argued that the evidence against him wasn't enough, that the jury didn't get proper instructions, that his lawyer didn't help him much, and that he didn’t know he would be on a list of sex offenders if convicted. The court looked closely at all these claims and found no significant problems. First, the court said there was enough evidence for the jury to decide Johnson was guilty beyond a reasonable doubt. Johnson claimed the actions happened because of a dream, but the jury believed otherwise. The court said that it would not change the jury's decision as they followed the law. Second, the court noted that the jury had received instructions about what would happen after Johnson was imprisoned. So, this point did not hold. Third, Johnson's claim about his lawyer not performing well was also denied. For this claim to work, Johnson would need to show that his lawyer made a serious mistake that hurt his defense. However, Johnson only gave statements about his own state of mind without clear evidence to support his claim. The court found that his lawyer did not make mistakes that harmed Johnson's case. Next, the court looked at the claim about sex offender registration. Johnson said the jury should have been told more about this, but he never asked for this instruction during the trial. The court decided there was no clear error because they had already ruled on this issue in past cases. Finally, the court dismissed Johnson's claim about the combined effects of the errors. Since they found no significant errors, they concluded that his right to a fair trial had not been violated. In the end, the court upheld Johnson's conviction and sentencing, affirming the judgment made by the lower court.

F-2018-294

Post author:Staff
Post published:August 29, 2019
Post category:F

In OCCA case No. F-2018-294, Alen Dean O'Bryant appealed his conviction for sexual abuse of a child. In an unpublished decision, the court decided to affirm the conviction and sentence. One member dissented. Alen Dean O'Bryant was found guilty by a jury on multiple counts of sexually abusing a child. The jury decided to give him a life sentence for each count along with fines. The court confirmed these sentences would be served one after another and counted his time spent in jail. O'Bryant argued several points in his appeal. He said he did not get good help from his lawyer, which he believed hurt his case. He also felt that the court made mistakes by letting in certain evidence and testimonies, claiming some of it shouldn’t have been allowed. He said the prosecution was unfair and called him a liar during the trial. O'Bryant even argued that a law allowing children's hearsay statements in court was against the Constitution. When looking at his first point about his lawyer not being effective, the court checked to see if his lawyer had fallen short of what was required in professional conduct. The court found that the lawyer's actions were indeed within acceptable standards. No new hearing was needed on this point. For the second point, O'Bryant argued that the court wrongly allowed hearsay evidence. The court found that the trial judge had the right to admit this evidence and did not make a mistake in doing so. In his third point, he claimed that witness testimonies wrongly supported the victim's credibility. However, because he did not object at the time during the trial, the court reviewed merely for obvious mistakes and found no error. O'Bryant claimed next that the prosecutor had acted improperly by suggesting the victim was truthful while labeling him a liar. The court discovered that the prosecutor’s comments were reasonable and a response to the defense's arguments, ruling that there was no significant error. O'Bryant also argued that the law that allowed children's hearsay statements was unconstitutional. The court noted that it had already ruled this law was constitutional in earlier cases and saw no reason to look at it again. Finally, O'Bryant stated that all the mistakes taken together meant he did not get a fair trial and that he should be given a new trial. However, since the court found no individual errors that affected him significantly, they also ruled out the idea of cumulative errors. The court ultimately decided to uphold O'Bryant's conviction and denied his request for a hearing about his lawyer’s performance. The opinion was finalized, and the decision was ordered.

F-2018-284

Post author:Staff
Post published:July 11, 2019
Post category:F

In OCCA case No. F-2018-284, Carl Wayne Gundrum, Jr. appealed his conviction for first-degree rape and lewd acts with a child under 16. In an unpublished decision, the court decided to affirm his convictions and sentences. One judge dissented. Gundrum was found guilty by a jury in Cleveland County and received a 30-year sentence for the rape and a 20-year sentence for the lewd acts. Both sentences are to be served consecutively, meaning he must serve them one after the other. Before the appeal, he argued several things regarding his trial. First, he claimed that his right to a speedy trial was violated because there was a delay of about 21 months from his arrest to the trial. The court looked at four things to decide if his right was violated: how long the delay was, why it happened, whether he asked for a speedy trial, and whether he was hurt by the delay. The court found that the delay was not enough to violate his speedy trial rights. Second, Gundrum argued that the court made a mistake by allowing evidence of another child molestation case to be shown in his trial. His lawyer objected to this evidence being used, and the court said that it was appropriately admitted, so they found no error here. Third, Gundrum claimed there was bad behavior from the prosecutors that made his trial unfair. Many of these actions were not objected to during the trial, so the court only looked at the ones that were considered plain errors. They decided that the prosecutor's actions did not change the outcome of the trial significantly enough to cause an unfair result. Fourth, he argued that his lawyer did not do a good job by not objecting to the prosecutor's misconduct. The court reviewed this situation and found that Gundrum could not prove that he was harmed by this lack of action, so his claim did not work out. Finally, Gundrum sought relief by stating that all these errors together made his trial unfair. However, since the court found no individual errors, they concluded that there could not be an accumulation of errors either. In the end, the court affirmed Gundrum's conviction and stated that he must serve a significant portion of his sentences before he could be considered for parole.

F-2018-391

Post author:Staff
Post published:June 20, 2019
Post category:F

In OCCA case No. F-2018-391, Zachary Troy King appealed his conviction for Child Abuse by Injury. In an unpublished decision, the court decided to affirm the conviction and sentence. One judge dissented. Zachary Troy King was found guilty by a jury in a case where he was accused of injuring a child. The jury decided that he had caused harm to the child, and he was sentenced to twenty years in prison, with the first fifteen years needing to be served. King argued four main points in his appeal. First, King said that the evidence presented in his trial was not strong enough to prove he committed child abuse. He claimed that the injuries to the child were not clearly caused by him, and he thought the jury should not have convicted him. However, the court believed that there was enough evidence for any reasonable person to conclude that King did injure the child. Second, King claimed that the judge made a mistake by not allowing a mistrial after the prosecution introduced certain evidence. He argued that this evidence was not important or added to the case in a meaningful way. Yet, the court felt that the testimony included by the prosecution was relevant to proving injuries were intentionally inflicted rather than accidental. Third, King accused the prosecutor of acting unfairly during the trial, which made it hard for him to get a fair trial. The court reviewed the prosecutors' actions and felt there were no significant errors that would have impacted the trial's fairness. Lastly, King argued that the collection of mistakes in his trial added up to take away his right to a fair hearing. But, since the court did not find any errors that would require a reversal of the conviction, the claim was also denied. In conclusion, the court upheld the jury's decision and the trial judge's actions, stating that King received a fair trial and that there was enough evidence to support the conviction. The judgment from the trial court was confirmed, and King will continue to serve his sentence.

F-2018-547

Post author:Staff
Post published:May 30, 2019
Post category:F

**Oklahoma Court of Criminal Appeals Summary Opinion: Carlos Antonio King v. State of Oklahoma** **Case No.:** F-2018-547 **Filed:** May 30, 2019 **Judges:** LUMPKIN, P.J., LEWIS, P.J., KUEHN, V.P.J., HUDSON, J., ROWLAND, J. **Facts of the Case:** Carlos Antonio King was convicted by a jury for Unlawful Possession of a Controlled Drug with Intent to Distribute (Methamphetamine and Marijuana) and Unlawful Possession of a Firearm After a Prior Felony Conviction in the District Court of Choctaw County. The jury sentenced him to 20 years each for the drug counts (concurrent) and 1 year in jail for the firearm count (consecutive). **Propositions of Error:** 1. Admission of other crimes evidence violated King's right to a fair trial. 2. Admission of evidence related to an alleged December 2015 buy and an existing arrest warrant violated his fair trial rights. 3. Evidence from an April 15 vehicle search should have been suppressed due to a violation of his Fourth Amendment rights. 4. Prosecutorial misconduct due to the premature publication of unadmitted photographs. 5. Cumulative errors denied him a fair trial. 6. Insufficient evidence to convict him for Possession with Intent to Distribute. **Court's Analysis and Decision:** 1. **Proposition One:** The court upheld the trial court’s decision to admit evidence of other crimes, determining it was relevant to prove knowledge and intent, affirming that it did not substantially outweigh its prejudicial effect. 2. **Proposition Two:** King’s argument regarding the December 2015 buy and arrest warrant was found forfeited due to lack of supporting argument or authority, hence denied. 3. **Proposition Three:** The court found that the search warrant adequately described the areas to be searched. The vehicle, parked on the premises described in the warrant, did not require an additional search warrant. No plain error was identified. 4. **Proposition Four:** While it was noted that the prosecutor used photographs in opening statements that hadn’t yet been admitted into evidence, this was not found to affect King's substantial rights, especially since the photographs were ultimately admitted without objection. 5. **Proposition Five:** The court denied the cumulative error claim, stating that no errors were identified during the trial. 6. **Proposition Six:** The court used the Jackson v. Virginia standard for evaluating the sufficiency of evidence, affirming that sufficient evidence existed that could lead a rational jury to conclude King's guilt beyond a reasonable doubt. **Conclusion:** The Oklahoma Court of Criminal Appeals affirmed the judgment and sentence of the District Court, finding no reversible errors in the trial proceedings. **Opinion by:** LUMPKIN, P.J. **Concurred by:** LEWIS, P.J.; KUEHN, V.P.J.; HUDSON, J.; ROWLAND, J. [Click Here To Download PDF](https://opinions.wirthlawoffice.com/wp-content/uploads/F-2018-547_1735318084.pdf)

F-2018-56

Post author:Staff
Post published:May 23, 2019
Post category:F

In OCCA case No. F-2018-56, Garry Wayne Wilson appealed his conviction for First Degree Murder and Possession of a Firearm While Under Supervision of the Department of Corrections. In a published decision, the court decided to affirm the conviction and sentence. No one dissented. Garry Wayne Wilson was found guilty by a jury in Tulsa County. He faced two charges: killing someone and having a gun when he wasn’t supposed to. The jury decided he should spend his life in prison for the murder and ten years for the gun charge, with both sentences running one after the other. Wilson raised several problems about his trial that he believed made it unfair. He thought the court made mistakes, such as changing the charges against him in a way that hurt his defense, not telling the jury the right instructions, allowing too many pictures of the victim that were too much to see, and that the prosecutor did things wrong during the trial. He also believed his lawyer didn’t help him enough. The court looked closely at Wilson’s complaints. First, they found that the change in the charges was allowed because it didn’t really change what he was being accused of. It was fair to change it based on the evidence that came out during the trial. Next, regarding jury instructions, the judges said they were given correctly. Even though Wilson claimed he should have received specific instructions about being angry, the judges said that because Wilson denied shooting the victim, he didn’t qualify for those instructions. Also, the jury did get to hear about similar lesser charges, which gave them options. About the photos shown in court, the judges found they were important for showing what happened to the victim. Even if there were many pictures, they all served a purpose and were not too repetitive. Regarding the claims of the prosecutor acting inappropriately, the court said that, despite Wilson's worries, the issues did not make the trial unfair. The judges assessed all the prosecutor's actions as a whole to decide if they were serious problems. They concluded that they were not. Wilson also said his lawyer didn’t do a good job. However, the judges commented that legal representatives have a wide range of actions they can take, and it’s not easy to prove they didn’t do their job well. They didn’t find any significant mistakes made by the lawyer that harmed Wilson’s case. Lastly, Wilson argued that all these issues combined made his trial unfair. The judges disagreed and said that since they found none of his claims were valid, there were no combined errors that would change the outcome either. In summary, the court affirmed Wilson's conviction and sentence. They found no significant errors that would merit a new trial or a change in his punishment. The case concluded with the jury's decision being upheld.

F-2017-863

Post author:Staff
Post published:May 23, 2019
Post category:F

In OCCA case No. F-2017-863, Joe Zacharias Harp appealed his conviction for Child Sexual Abuse. In an unpublished decision, the court decided to affirm his conviction. One judge dissented. Harp was found guilty of Child Sexual Abuse in a trial that did not involve a jury. The judge sentenced him to thirty years in prison and three years of post-imprisonment supervision. He raised five main points in his appeal. First, he argued that he should not have been tried after entering a no contest plea because jeopardy should have attached at that moment. However, the court found that he did not show that an error occurred in this area. Since he went ahead with the trial without raising the issue, the court ruled he had waived this point. Second, Harp claimed that the court wrongly allowed certain statements made by the victim to be used as evidence without first holding a reliability hearing. The court acknowledged that he had not disagreed with this at trial but concluded that the statements were reliable enough and that the error did not affect Harp's rights in any significant way. For the third point, Harp said that the victim's testimony was too vague and unbelievable and that it needed support from other evidence to count as valid. The court disagreed, stating that the victim's testimony was consistent and made sense, thus supporting a conviction without needing corroboration. The fourth point was about his lawyer not properly supporting his plea and rights during the trial. The court stated Harp did not meet the requirements to prove that his lawyer had failed in their duty. Lastly, Harp mentioned that the errors in his trial added up to unfair treatment, but the court ruled against this claim as well, finding no significant cumulative error. In conclusion, the court affirmed the original judgment and Harp's sentence.

F-2017-1230

Post author:Staff
Post published:April 25, 2019
Post category:F

In OCCA case No. F-2017-1230, Oleithia June Cudjo appealed her conviction for second degree murder while in the commission of felony driving under the influence, driving while privileged suspended, and transporting an open container of liquor. In an unpublished decision, the court decided to affirm her conviction. One judge dissented.

F-2017-1167

Post author:Staff
Post published:April 18, 2019
Post category:F

In OCCA case No. F-2017-1167, Revival Aso Pogi appealed his conviction for First Degree Murder. In an unpublished decision, the court decided to affirm the conviction. One judge dissented. Revival Aso Pogi was convicted of murdering Steven Qualls in Oklahoma City in April 2014. Qualls was found dead in his home, and the scene was very bloody. An autopsy showed he had been beaten and stabbed over fifty times. Pogi was arrested after his wallet and bloody handprints were found at the crime scene. During police questioning, Pogi initially denied any involvement but later admitted to killing Qualls, stating he acted in self-defense after being held captive. Pogi’s appeal raised several arguments. He claimed that there was not enough evidence to support his conviction and that the trial court made mistakes. He argued that the jury should have been given instructions on a lesser charge of manslaughter, that his statements to police were made under duress, and that evidence of the victim's past conduct was improperly excluded. Pogi also challenged the use of a graphic photograph of the victim and claimed that the cumulative impact of all errors warranted a new trial. The court rejected Pogi's claims. They found that the jury had enough evidence to conclude that Pogi intentionally killed Qualls and that his self-defense claim wasn’t justified. They ruled that the trial court made appropriate decisions about jury instructions and evidence. The court noted that even if there were errors, they were harmless and did not affect the outcome of the trial. Ultimately, the court upheld Pogi's conviction for First Degree Murder and confirmed the life sentence imposed by the trial judge.

RE-2018-128

Post author:Staff
Post published:April 18, 2019
Post category:RE

In the Court of Criminal Appeals of the State of Oklahoma, Milton Roger Hornsby appealed the revocation of his suspended sentence from the McIntosh County District Court, overseen by Judge James D. Bland. This appeal arose from convictions in two cases, CF-2012-45 and CF-2012-60, covering multiple charges including possession of a firearm after conviction and assault with a dangerous weapon. Hornsby initially received a twenty-year suspended sentence for one charge and six-month suspended sentences for others, all to be served concurrently. The State's motion to revoke the suspended sentences, filed on September 19, 2016, was due to an alleged new crime involving assault and battery with a dangerous weapon. Following a hearing on December 29, 2016, Judge Bland revoked ten years of Hornsby's suspended sentences. Hornsby raised several legal arguments on appeal: 1. **Burden of Proof**: He argued that Judge Bland imposed a lower burden of proof than required. However, the court affirmed that Judge Bland properly articulated the standard during the hearing, which was that the State needed to show it was more likely than not that Hornsby violated his probation. 2. **Suppressed Evidence**: Hornsby contended that evidence pertaining to the use of a knife, previously suppressed in a related case, was improperly considered at the revocation hearing. The court noted that Hornsby did not object during the hearing and thus waived his right to raise this issue on appeal apart from claiming plain error, which he failed to establish. 3. **Intent to Harm**: Hornsby claimed there was insufficient evidence to prove he intended to inflict bodily harm. The court stated that the evidence presented was sufficient to suggest that it was more likely than not that Hornsby had such intent. 4. **Cumulative Errors**: Lastly, Hornsby argued that the accumulation of errors deprived him of a fair hearing. The court found no merit in this argument, as each proposition raised was without merit. The Court concluded that there was no abuse of discretion in Judge Bland's decision to revoke the suspended sentence, affirming the revocation. The mandate was ordered to issue following the filing of the decision.

F-2017-1189

Post author:Staff
Post published:April 11, 2019
Post category:F

In OCCA case No. F-2017-1189, Lawrence Raymond Silver, Jr. appealed his conviction for Solicitation for First Degree Murder. In a published decision, the court decided to affirm the judgment and sentence from the district court. One judge dissented. The case started when Silver was tried and found guilty of trying to get someone to commit murder. The jury decided he should go to prison for thirty-seven years. During the trial, Silver raised several issues on appeal. First, he argued that the prosecutor said some unfair things that hurt his chances for a fair trial. However, the court found that these comments were not serious enough to make the trial unfair, and there was no error. Silver also thought that he should not have received three years of supervision after leaving prison since the law said this only applied to specific crimes. The court agreed that there was an error, but the trial judge later fixed it, reducing the supervision time to nine months to a year. Because this was corrected, Silver did not need any more relief on this issue. Additionally, Silver claimed that his lawyer did not help him well enough during the trial. The court explained that to show his lawyer was ineffective, Silver needed to prove that if the lawyer had done better, the result of the trial would have been different. Since the court didn't find any of the previous claims valid, they decided that his lawyer's work couldn't be judged as ineffective. Finally, Silver said that even if no single issue mattered on its own, the overall mistakes during the trial combined to deny him a fair trial. The court ruled that without any valid individual mistakes, his claim for cumulative errors was groundless. In conclusion, the court upheld the original judgment and sentence against Silver, and his request for further testing of his lawyer's assistance was denied.

F-2017-952

Post author:Staff
Post published:April 4, 2019
Post category:F

In OCCA case No. F-2017-952, Jerry Don Battenfield appealed his conviction for sexual abuse of a child under age twelve. In an unpublished decision, the court decided to affirm his convictions. One judge dissented. Mr. Battenfield was found guilty without a jury and received a sentence of thirty years in prison and a fine for each of the two counts, which means he must serve over twenty-five years before he can be considered for parole. He raised several arguments on appeal. First, he argued that he did not understand that he was giving up his right to a jury trial. He believed he might face the death penalty, but the court found he was not misled about the possible punishment. Therefore, his claim was denied. Second, he claimed that the judge improperly relied on evidence that was not admitted during the trial. However, the court found that the judge could only use the evidence that was presented and determined there was no error. Third, he argued that there should have been a hearing to check if child hearsay was reliable before it was allowed in court. The court noted that his attorney had actually agreed to let the hearsay in, which meant that there was no error to review. In the fourth point, he contended that some of the child’s statements were allowed into the trial in a way that violated his right to confront witnesses. The court agreed that there was a mistake concerning some statements but concluded the mistake was harmless, as there was enough other evidence to show he was guilty. Fifth, he stated that his lawyer did a poor job for not fighting harder to protect his rights during the trial. However, the court believed that the lawyer did not make any major mistakes that would have changed the outcome of the trial. Finally, he asked for a review based on multiple mistakes during the trial. The court found that the previous issues did not add up to deny him a fair trial. The court affirmed the judgment and said that the decisions made during the trial were generally correct, despite acknowledging a small error regarding the child’s statements. Overall, his appeal was denied, and he will continue to serve his sentence.

M-2017-954

Post author:Staff
Post published:March 7, 2019
Post category:M

In OCCA case No. M-2017-954, Christian Wages appealed his conviction for Domestic Abuse - Assault and Battery. In an unpublished decision, the court decided to modify his conviction to simple Assault and Battery and remanded the case for resentencing. One judge dissented. Christian Wages was found guilty of Domestic Abuse in a trial without a jury. The judge sentenced him to one year in jail, with all but the first thirty days suspended, and a fine of $500. He was also required to attend counseling and was placed on probation. Wages appealed the decision, claiming three main errors in the trial. First, he believed the court wrongly allowed hearsay evidence that violated his right to confront witnesses. This hearsay was about R.S., the alleged victim, who did not testify at the trial. Second, he argued that the evidence wasn't enough to prove he battered R.S. because the witnesses did not clearly identify her. Lastly, he claimed that the errors in the trial added up to deny him a fair trial. The court reviewed the evidence and mentioned that while there was enough proof for a simple Assault and Battery charge, the evidence for the Domestic Abuse charge was based on inadmissible hearsay that stated R.S. lived with Wages. Since there wasn’t sufficient admissible evidence to prove the domestic relationship, Wages' conviction was modified to simple Assault and Battery. As for the last argument regarding cumulative errors, the court pointed out that it only found one significant error, meaning cumulative error could not be applied. In conclusion, the punishment was lessened from Domestic Abuse to simple Assault and Battery, and the court instructed to resentence Wages according to this new finding.

F-2017-994

Post author:Staff
Post published:November 8, 2018
Post category:F

In OCCA case No. F-2017-994, Holly Tegan Zuniga-Griffin appealed her conviction for Enabling Child Abuse. In an unpublished decision, the court decided to affirm her conviction. One judge dissented. The case involved Holly Tegan Zuniga-Griffin, who was found guilty of enabling the abuse of her three-year-old son. The jury in Muskogee County decided she was guilty of this crime based on the evidence presented during the trial. She was sentenced to ten years in prison, following the jury's recommendation. Zuniga-Griffin raised several issues in her appeal. First, she argued that the law regarding child abuse was unclear and vague. However, the court found no reason to change its previous decisions on this issue and denied her claim. Next, she claimed there wasn't enough evidence to prove she understood her child was in danger when she left him with her 17-year-old boyfriend. The court disagreed, stating there was enough evidence to show she should have known her child was at risk. Zuniga-Griffin had made inconsistent statements about how her son got hurt, and medical evidence indicated he had been physically abused. She also said she was denied a fair trial because the judge didn't instruct the jury properly. The court acknowledged that some jury instructions could have been appropriate, but overall, they did not think this affected the trial's fairness. Another point she raised was about a nurse giving an opinion in court when she didn't have the right qualifications. The court found that the nurse did have enough training and experience to testify about the injuries on the child, so they disagreed with Zuniga-Griffin's claim. Zuniga-Griffin contended that the prosecution failed to provide important evidence that could have helped her case. However, the court concluded that she was aware of the photos in question during the trial and did not attempt to use them, dismissing her argument. She also claimed her lawyer did not do a good job representing her, which negatively impacted her trial. But the court found her lawyer's decisions were reasonable and did not affect the outcome. Zuniga-Griffin then argued that her ten-year sentence was excessively harsh. The court noted that her son had suffered serious injuries, and her sentence was within what the law allowed, so they did not find it shocking. Finally, she stated that all the errors combined during the trial made it unfair. The court determined that the errors she identified did not, either separately or together, undermine her right to a fair trial. In the end, the decision of the trial court was upheld, meaning Zuniga-Griffin would serve her sentence as originally decided.

F-2017-851

Post author:Staff
Post published:November 8, 2018
Post category:F

In OCCA case No. F-2017-851, Anthony Harold Warnick appealed his conviction for Possession of Child Pornography, After Former Conviction of Two or More Felonies. In an unpublished decision, the court decided to affirm his conviction but modified the fee for his indigent defense. The dissenting opinion was not specified. Warnick was tried without a jury and found guilty, receiving a 35-year prison sentence. He argued several points in his appeal, claiming errors and issues with how his previous convictions were used to enhance his sentence. He stated that his earlier convictions should not have been considered because they were misdemeanors at the time of the offenses or were too old to count against him. The court reviewed specific claims regarding the earlier convictions and determined there were no plain errors in how they were assessed. They found that Warnick's previous convictions were appropriately used to enhance his sentence, as he did not successfully challenge their validity in previous appeals or post-conviction actions. One error was found concerning the fee for his defense representation, which was set too high at $500 instead of the legal limit of $250. The court corrected this fee to the legal amount and directed the trial court to make this change. Overall, the court concluded that no significant errors impacted Warnick's trial or his sentence, except for the mentioned fee correction. His appeal was mostly denied, reinforcing his conviction but providing a slight adjustment in the costs associated with his defense. The dissenting opinion on this case was not detailed in the decision.