Defendant’s Rights

F-2007-767

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In OCCA case No. F-2007-767, Walter Roundtree appealed his conviction for robbery with a firearm, kidnapping, first-degree rape, and forcible sodomy. In an unpublished decision, the court decided to modify his sentences to run concurrently. One member of the court dissented. Walter Roundtree was charged with committing serious crimes, including robbery and rape. After a jury trial, he was found guilty and received various sentences that totaled quite a bit of time in prison. All of his sentences were set to run one after the other, which means he would have to serve them one at a time. Roundtree argued that the judge should have considered allowing his sentences to run at the same time instead. The law allows judges to decide whether sentences can be served concurrently or consecutively. However, the judge in this case had a rule that if someone chose a jury trial and lost, all their sentences would go one after the other. This policy was seen as potentially wrong because it might discourage people from exercising their right to have a jury trial. The court looked closely at this situation and decided that the judge had indeed abused his discretion by not even considering the option of concurrent sentences. Because of this, Roundtree's sentences were changed so that he would serve them at the same time instead of one after the other. The court also discussed some other issues Roundtree raised, such as not getting credit for the time he spent in jail waiting for his trial and the $500 fine that was added to one of his sentences. The court found that the trial didn't violate his rights in these areas, so they upheld the trial's decision regarding those matters. In the end, the court confirmed the conviction but made changes to the way the sentences were to be served, allowing them to be concurrent instead of consecutive.

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F-2007-1162

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In OCCA case No. F-2007-1162, Leroy White Jr. appealed his conviction for multiple crimes including trafficking in illegal drugs, failure to obtain a drug stamp, assault and battery on a police officer, unlawful possession of paraphernalia, aggravated assault, attempting to destroy evidence, and threatening a violent act. In an unpublished decision, the court decided to affirm White’s convictions and sentences for the most part while vacating some fines. The court carefully reviewed the arguments White made on appeal. He claimed that his rights were violated when police entered his hotel room without a warrant, that he was wrongly punished multiple times for the same actions, and that he did not receive proper jury instructions regarding fines. The court determined that the police had a good reason for entering the hotel room because they smelled marijuana and were responding to a situation where evidence might be destroyed. This justified the warrantless search. White also argued that being convicted for trafficking drugs and failing to obtain a tax stamp should not both lead to punishment. However, the court explained that the law allowed for separate punishments in this case since the two charges were different and required different evidence. Regarding the fines, the court noted that the trial judge had imposed fines without properly instructing the jury on what fines to recommend. The court agreed this was an error, so they decided to vacate these fines but upheld the minimum fine for the trafficking charge. The court affirmed the judgments and sentences given to White, confirming that while some fines were removed, the convictions remained. The judges involved in the decision agreed on most points but noted some concurrence in the results. In conclusion, White's appeal was mostly denied, but some corrections were made regarding the imposed fines.

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C-2005-1

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In OCCA case No. C-2005-1, Victor Alfonso Duenas-Flores appealed his conviction for first-degree manslaughter. In a published decision, the court decided to grant his appeal, vacate the judgment and sentence, and allow him to withdraw his guilty plea. One judge dissented. Victor Duenas-Flores, who is from Mexico, was involved in a car accident on August 9, 2003, where he crossed the centerline of a highway and hit another car head-on, resulting in the death of the other driver. Duenas-Flores had a high blood alcohol content of 0.21 at the time of the accident. Due to this event, he was charged with first-degree manslaughter. On August 12, 2004, Duenas-Flores pleaded guilty to the charge in court and was sentenced to 45 years in prison. After some time, he wanted to change his plea but the court denied his request. He then took his case to a higher court, claiming that he was not informed about his rights under a treaty that allows foreign nationals to contact their consulate when they are in legal trouble. This lack of information made him feel pressured to plead guilty because he thought he would not have enough resources to defend himself without expert testimony, which he hoped to get help for from the Mexican consulate. The higher court found that the trial court had made an error. Even though it was confirmed that Duenas-Flores was not informed about his consulate rights as required, the trial court ruled that he could not prove that this violation affected his understanding of his guilty plea. The higher court disagreed and said that it was likely that Duenas-Flores would have chosen to go to trial instead of pleading guilty if he had known about his rights, and thus he should be allowed to withdraw his guilty plea. The ruling meant that Duenas-Flores had a chance to defend himself again, and the court did not assess whether his sentence was too long since they granted relief based on the violation of his rights.

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PC 2006-0638

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In OCCA case No. PC 2006-0638, the petitioner appealed his conviction for manufacturing a controlled dangerous substance, possession of counterfeit bills, and larceny by fraud. In an unpublished decision, the court decided to reverse the lower court's denial of post-conviction relief and ordered a new trial due to ineffective assistance of counsel. One judge dissented. The petitioner had previously been convicted by a jury and sentenced to prison along with fines. After the conviction, the petitioner argued that his trial and appellate lawyers did not perform effectively. He contended that many mistakes were made during his trial, impacting the fairness of his case. The trial court found that the petitioner's attorney did not challenge the way his statement to the police was obtained, which was a significant part of the evidence used against him. The lawyer also failed to ask for important jury instructions and did not properly raise issues on appeal. The trial court agreed that the lawyer made many mistakes, but initially decided that these mistakes did not change the outcome of the case. However, upon review, the appellate court determined that the mistakes made by the lawyer were so serious that they undermined confidence in the trial's outcome. This meant that the petitioner did not get a fair trial, violating his rights. The decision was reversed, and the case was sent back to the lower court for a new trial. This case highlights the importance of having effective legal representation, as mistakes made by lawyers can lead to wrongful convictions or unfair trials.

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F-2005-786

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In OCCA case No. F-2005-785, Charles Milton Smith, Sr., and Bonnie Smith appealed their convictions for multiple crimes. In a published decision, the court decided that the trial court had made a mistake by ruling that the Smiths were not entitled to a court-appointed attorney, which violated their right to legal representation. Consequently, the court reversed their sentences and ordered a new trial. One judge disagreed with the decision.

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F 2004-582

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In OCCA case No. F 2004-582, Ryan Golden appealed his conviction for First Degree Murder. In a published decision, the court decided that he was entitled to a new trial because he was not given the correct number of chances to challenge jurors. The ruling was that the trial court's mistake was serious enough to affect the fairness of the trial, and because of this error, the original sentence was reversed and a new trial was ordered. One judge dissented, arguing that there should have been a demonstration of actual prejudice or harm caused by the mistake.

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F-2003-1261

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In OCCA case No. F-2003-1261, Ronnie Odell Gargus appealed his conviction for Rape by Instrumentation, five counts of Sodomy, and Lewd Acts with a Child. In an unpublished decision, the court decided to affirm Gargus' convictions and sentences. One judge dissented. The case involved a jury trial where Gargus was found guilty of serious sexual offenses against a child. The jury decided on lengthy prison sentences for each count, totaling a significant amount of time in prison. Gargus raised two main points in his appeal. First, he argued that he should have been allowed to ask the State's expert witness about any bias in his testimony against Gargus. The court acknowledged that usually, a witness cannot be questioned about their past arrests if there was no conviction. However, the court agreed that there are times when it is important to explore a witness’s potential bias, especially if the witness has pending criminal issues. Despite this, the court found that excluding the questioning about the expert's bias did not change the outcome of the case since there was also strong evidence against Gargus, including the child’s own credible testimony. Second, Gargus claimed he was not properly informed before the court ordered him to pay restitution to the victim. The court noted that Gargus did not raise this issue during the trial. However, they agreed that the amount of restitution was not clearly supported by evidence, and that needed to be corrected. The court ordered a new hearing to determine the correct amount that Gargus should pay. Overall, the court upheld the convictions and long sentences but recognized that some legal issues concerning restitution needed further attention. They will have a new hearing to ensure the restitution amount is fair and based on proper evidence.

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C-2003-1247

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In OCCA case No. C-2003-1247, Robert Hershal Perkis appealed his conviction for robbery with a dangerous weapon, kidnapping, and burglary in the first degree. In an unpublished decision, the court decided to affirm the conviction for robbery with a dangerous weapon, reverse the kidnapping conviction, and modify the burglary conviction to second-degree burglary. One judge dissented on the kidnapping aspect. Robert Hershal Perkis was charged with three serious crimes: robbery using a dangerous weapon, kidnapping, and first-degree burglary. He pleaded nolo contendere, which means he did not contest the charges. The court sentenced him to a total of 60 years in prison for these crimes, with the sentences running one after the other, and ordered him to pay fines and restitution. Later, Perkis filed an application to withdraw his guilty pleas, stating that his pleas were not supported by enough evidence, that the sentences were too harsh, and that he did not receive good help from his lawyer. The court looked into these claims and first examined if the pleas were based on sufficient evidence. For the robbery charge, the court found that the victim was threatened with a dangerous weapon and had property taken from him, which satisfied the elements of robbery. Thus, the court upheld Perkis' conviction for robbery with a dangerous weapon. In looking at the kidnapping charge, the court considered the facts surrounding the incident. The victim was taken to a field and held there by Perkis and others. The central issue was whether the confinement of the victim could be considered “secret.” The court decided that because the victim was in a public area, it did not meet the legal definition of secret confinement, which led to the reversal of the kidnapping conviction. Regarding the burglary charge, the court found that while there were issues concerning the evidence for first-degree burglary, it chose to modify the conviction to second-degree burglary instead, giving Perkis a shorter sentence for that conviction. Overall, the court's opinion granted some relief to Perkis by reversing one conviction and modifying another, but kept the robbery conviction intact. The dissenting judge felt that the kidnapping conviction should stand, arguing that the facts should be considered as a case of secret confinement.

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F-2003-633

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In OCCA case No. F-2003-633, John Edward Schoonover appealed his conviction for Accessory After the Fact to Murder. In an unpublished decision, the court decided to reverse his conviction and remand the case for a new trial. One judge dissented. John Edward Schoonover was originally tried and found guilty of Child Abuse Murder, but that conviction was overturned. In this retrial, he was convicted of Accessory After the Fact to Murder and sentenced to seven years in prison and a fine. Schoonover raised several arguments on appeal, claiming his conviction should be overturned due to various errors that occurred during the trial. The court found that Schoonover's conviction was not valid for two main reasons. First, the actions he took to help after the injury occurred were done before the victim died. According to the law, to be guilty of being an accessory after the fact, the person must knowingly help the person who committed a crime after the crime has been completed, which means after the victim has died in this case. Since the victim did not die until later, the court argued that the conviction did not hold. Secondly, Schoonover's right to due process was violated. He had no notice that he would have to defend against the charge of Accessory After the Fact to Murder. The information provided to him before the trial did not include this specific charge. The court decided that because Schoonover was unaware of this potential charge, it would be unfair to convict him based on it. The court ruled that since these two significant issues were present, Schoonover's conviction was reversed, and he would receive a new trial to ensure a fair process. The remaining arguments he raised were not addressed because the main reasons for reversing the conviction were decisive.

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F-2001-1048

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In OCCA case No. F-2001-1048, Wendy Leann Underwood appealed her conviction for Possession of Methamphetamine, After Former Conviction of Two or More Felonies. In an unpublished decision, the court decided to affirm the conviction but modify the sentence. One judge dissented. Here’s a simple summary of the case: Wendy Leann Underwood was found guilty by a jury for having methamphetamine after she had committed other crimes before. The jury decided she should go to prison for 40 years. However, Wendy thought there were problems with how her case was handled, so she asked a higher court to review it. Wendy raised several points for why she believed her conviction and sentence should be changed: 1. She argued that the police search which found the drugs was not done properly, so the drugs should not have been used against her in court. She also said her lawyer did not fight this issue well enough. 2. She thought the trial did not properly explain to the jury that a person who testified against her was an accomplice and that there should have been supporting evidence for what that person said. 3. Wendy pointed out that many of her past criminal cases were actually part of the same situation, so they should not count as multiple offenses. 4. She believed her punishment should have been based on specific drug laws instead of general laws for repeat offenders. 5. Wendy thought she should get a lighter sentence because of new laws that help non-violent offenders. After looking carefully at everything, the court found that the police search was legal and that Wendy's lawyer did not make a mistake by not challenging it. They also decided that the person who testified against Wendy was not someone who required additional proof, so that was fine too. However, the court agreed that too many of Wendy's past convictions were counted, since many of them happened during the same event. Therefore, they decided to change her sentence from 40 years to 30 years. They felt that was fair based on the laws. Regarding the other issues raised by Wendy, the court determined that the punishment was appropriately based on the laws and that the new laws did not apply to her case. Thus, they kept her conviction but made her time in prison shorter. In conclusion, her conviction stood, but her time in prison was reduced to 30 years, with one judge thinking it should be even less.

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F 2001-962

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In OCCA case No. F 2001-962, Chester Creller, Sr. appealed his conviction for First Degree Rape, Forcible Oral Sodomy, and Incest. In an unpublished decision, the court decided to affirm the convictions for First Degree Rape and Forcible Oral Sodomy but reversed the conviction for Incest. One judge dissented. Creller was found guilty of serious crimes related to sexual offenses in a trial in Muskogee County. The jury decided on heavy punishments for the crimes: 100 years for Rape, 20 years for Oral Sodomy, and 10 years for Incest. The judge planned for the sentences for Rape and Oral Sodomy to be served one after the other, while the Incest sentence would happen at the same time as the Rape sentence. Creller took his case to a higher court, arguing several points. He claimed that the court should not have tried his case, that changes made to the case were unfair, that there were problems with how the victim's testimony was used, that he should not have been convicted of both Rape and Incest for the same act, and that the way evidence was handled did not guarantee him a fair trial. The higher court carefully looked over all the arguments and decided that Creller's claim about his convictions for Rape and Incest being based on the same action was valid. Therefore, they overturned the Incest conviction but found that the other points he raised did not change the overall outcome. The court confirmed that the trial was handled correctly in most ways and said that even though there were some mistakes, they did not affect the right decision because there was strong evidence against Creller. The decision also stated that the prosecution's closing arguments did not unfairly influence the jury because the defense did not object during the trial. In summary, Creller's sentence for Incest was dismissed, but he still faced very long sentences for the other charges.

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F 2001-434

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In OCCA case No. F 2001-434, the appellant appealed his conviction for multiple drug-related charges. In an unpublished decision, the court decided to reverse and dismiss some of the charges while affirming others. One judge dissented regarding the dismissal of a particular charge. William Forrest Mondier was found guilty of attempting to make drugs, possessing drugs, and allowing a place for drug users. The court looked at his case and found mistakes in how the jury was instructed regarding one of the charges. Because the jury didn't have the right information, they couldn't properly decide if Mondier had acted knowingly or intentionally when maintaining a place used for drugs. Therefore, that conviction was reversed. The court also found that Mondier's possession of marijuana and methamphetamine was too similar to keep both convictions, so they reversed one of them. However, his other convictions, including drug manufacturing and possession of drug paraphernalia, remained in place, as there was enough evidence against him for those charges. There were also several arguments raised by the appellant about the fairness of his trial and the enforcement of laws regarding the charges, but the court denied those claims. The final decision was to reverse and dismiss the charge of maintaining a place for drug users and the marijuana charge. The convictions for attempting to manufacture drugs and possessing paraphernalia were affirmed. One judge disagreed with the dismissal and wanted a new trial instead.

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