Defendants Archives - OCCA Opinions

S-2016-332

Post author:Mili Ahosan
Post published:January 5, 2017
Post category:S

In OCCA case No. S-2016-332, the defendants appealed their conviction for conspiracy to deliver a narcotic controlled dangerous substance and first degree murder. In a published decision, the court decided to affirm the lower court's ruling, which indicated that the defendants were not part of the conspiracy at the time of the victim's death. One judge dissented. The case began when a grand jury accused several people, including the defendants, of being involved in a conspiracy to sell drugs, which ultimately led to the death of Jennifer McNulty. She died from an overdose of oxycodone. After a preliminary hearing, a judge decided that two defendants, Miers and Gregoire, should not be charged with murder because they had withdrawn from the conspiracy before McNulty’s death. The state did not agree with this decision and appealed. They argued that the judge made a mistake in saying Miers and Gregoire had ended their part in the conspiracy. However, the court reviewed the evidence and found that both defendants had indeed separated themselves from the drug conspiracy before the incident occurred, so they couldn’t be held responsible for the murder. The court confirmed that Gregoire was removed from the drug operation because of her problems with addiction, causing others not to want her in the conspiracy anymore. Also, Miers had moved to another state and had stopped working with the main person involved in drug sales before the death happened. After considering everything, the court decided that the earlier ruling was fair and didn't show an abuse of discretion. In conclusion, the court affirmed that Miers and Gregoire could not be charged with first degree murder because they had taken themselves out of the conspiracy before the victim's death. The dissenting judge felt that the court made an error and that the defendants should still face charges.

S-2015-87

Post author:Mili Ahosan
Post published:January 14, 2016
Post category:S

In OCCA case No. S-2015-87, Donna Long and Lillian Shipman appealed their conviction for Financial Exploitation by Caretaker. In an unpublished decision, the court decided to affirm the lower court's dismissal of the case. One judge dissented. The State of Oklahoma charged Long and Shipman with financially exploiting Shipman's mother-in-law, who had passed away. The case revolved around two checks signed by the mother-in-law shortly before her death. The first check was for $5,500, and the second check was for $250,000, which the defendants deposited. During the preliminary hearing, the judge found that the evidence did not support the State's claims that the defendants were caretakers or that they exploited the deceased. The judge noted that while there were checks involved, there wasn't enough proof that Long and Shipman acted improperly or had bad intent in obtaining these checks. Both defendants filed motions to quash the information, claiming there was not enough evidence for the case to continue. Ultimately, the judge ruled in favor of the defendants, stating that the prosecution did not provide enough evidence to prove their guilt. The case was then appealed to a higher court, which reviewed the lower court's decision. The higher court concluded that the lower court did not make an error and affirmed the dismissal of the charges against Long and Shipman, agreeing that there was insufficient evidence presented during the preliminary hearing to justify proceeding with the case. In summary, the case focused on whether the defendants financially exploited their relative, but the court found the evidence lacking, leading to the dismissal of the charges.

S-2012-554

Post author:Mili Ahosan
Post published:June 12, 2013
Post category:S

In OCCA case No. S-2012-553, Frank Lee Armstrong appealed his conviction for unlawful drug charges. In a published decision, the court decided to affirm the district court's ruling that suppressed the evidence obtained during the search of a vehicle occupied by Armstrong and Sheila Carol Johnson. Johnson also appealed her conviction in a related case, S-2012-554. The court found that the law enforcement officers did not execute the search warrant in a timely manner as required, which led to the suppression of the evidence. The judge's determination was based on the conclusion that the search was not conducted immediately as directed by the issuing judge, and therefore, the court upheld the lower court's decision, sustaining the motions to suppress. No dissenting opinion was filed.

S-2012-553

Post author:Mili Ahosan
Post published:June 12, 2013
Post category:S

In OCCA case No. S-2012-553, Armstrong appealed his conviction for unlawful drug possession and distribution. In a published decision, the court decided to affirm the ruling that evidence obtained during a search of a vehicle occupied by Armstrong and Johnson should be suppressed. Johnson dissented. The case started when police met with an informant who said they could buy methamphetamine from Armstrong. The police observed a controlled purchase of drugs and later obtained a search warrant for Armstrong's home. They executed this search warrant a few days later and found Armstrong and Johnson in a car outside his residence, where they discovered several drug-related items. Both Armstrong and Johnson hired the same lawyer and filed motions to suppress the evidence from the car search. The district court agreed with their argument that the police had not executed the search warrant immediately, as the warrant required. Because of this, the court decided the search was not valid. The appeals court looked into whether the district court had made a mistake. They decided that the court did not abuse its discretion and confirmed the lower court's decision to suppress the evidence. This means that the evidence collected during the search could not be used against them in court. The court emphasized that the terms of the warrant were not followed as required. The ruling highlighted the importance of following legal procedures when executing search warrants. In summary, Armstrong's appeal was not successful, and the ruling to suppress the evidence was upheld.

S-2011-1115

Post author:Mili Ahosan
Post published:February 20, 2013
Post category:S

In OCCA case No. S-2011-1115, the State of Oklahoma appealed the conviction regarding defendants accused of conspiracy. In a published decision, the court decided that the evidence presented during the preliminary hearing was not enough to support a conspiracy charge against the defendants. The ruling of the lower court was affirmed, and one judge dissented. In this case, the defendants were accused of agreeing to a bribe related to an election. The State claimed that one defendant offered the other a job to persuade her not to run for a Senate seat. The court looked carefully at the evidence and found that there was not enough proof to show that the defendants had a plan to commit a crime together. Thus, their appeal was rejected, and the original decision was upheld, concluding that the charge of conspiracy was not valid based on the information provided.

S-2005-890

Post author:Mili Ahosan
Post published:December 19, 2006
Post category:S

In OCCA case No. S-2005-890, Ryan Layne Short and Victor Suarez Ortuno appealed their conviction for drug-related charges. In an unpublished decision, the court decided to affirm the District Court's dismissal of the case against both defendants. One judge dissented. Ryan Layne Short and Victor Suarez Ortuno were charged with several crimes, including trafficking illegal drugs and other drug-related offenses. On September 1, 2005, the District Court decided to dismiss the charges after finding that the traffic stop that led to the arrests was illegal. This decision went through different hearings, with judges initially disagreeing before ultimately siding with the defendants. The main reason for upholding the dismissal was that the officer lacked sufficient evidence to justify the traffic stop. The court reviewed whether the District Court had made any mistakes in handling the case. They concluded that the court had acted correctly by recognizing that there was no valid reason to stop the vehicle. In summary, the court supported the District Court’s decision to dismiss the case against Short and Ortuno because the initial traffic stop was not lawful. This meant that evidence gathered during that stop could not be used against them. One judge disagreed with this outcome, believing that the case should have been handled differently.