In OCCA case No. F-2010-307, the appellant appealed his conviction for first-degree murder. In an unpublished decision, the court decided to affirm the conviction but vacated the sentence for re-sentencing. One judge dissented, suggesting a modification of the sentence to life imprisonment instead of life without the possibility of parole.
In OCCA case No. F 2007-201, Kristopher Lee Morphew appealed his conviction for Second-degree Murder. In a published decision, the court decided to reverse Morphew's Judgment and Sentence and remand the case for a new trial. One judge dissented. Morphew was found guilty of Second-degree Murder after a jury trial. The jury decided on a punishment of twenty years of prison time. However, Morphew argued that he did not receive a fair trial due to several reasons, including ineffective help from his lawyer, errors in jury instructions, and misconduct by the prosecution. The main issue that led to the court's decision was about how the jury was instructed regarding what depraved mind meant in the context of Second-degree Murder. The jury was confused about a key part of the instruction, and the trial judge did not clarify it properly. Because of this, the court found that the instructions did not adequately explain the law and could have led to a misunderstanding during the trial. Since this error was significant enough to possibly change the outcome of the case, the court concluded that Morphew deserved a new trial. The other points raised by Morphew were not discussed because the error regarding jury instructions was sufficient to reverse the conviction. In summary, the court's decision sends Morphew back for a new trial to ensure he receives a fair chance to defend himself under the correct laws and instructions.
In OCCA case No. F-2002-1351, Barrett appealed his conviction for First Degree Murder. In an unpublished decision, the court decided to reverse the conviction and remand for a new trial. One judge dissented. Randy Barrett was found guilty of First Degree Murder in a trial. The jury said he should go to prison for life and pay a fine. Barrett thought the judge and the jury made mistakes. He raised several points in his appeal, saying there were errors during his trial. One of the main issues was that Barrett's lawyer did not tell him about the lesser charges that he could have been found guilty of instead of First Degree Murder. Barrett felt that he didn’t understand this and claimed his lawyer gave him bad advice. Barrett wanted to fight for a chance to potentially get a lesser sentence but didn’t pursue it because he was worried his lawyer said that mentioning those charges could lead to a longer prison sentence. Barrett argued that the evidence against him didn’t really support the murder charge, especially the claim about kidnapping the victim as part of the crime. He also thought the jury saw unfair photographs that shouldn’t have been leaked during the trial, hurting his chance for a fair trial. Additionally, he believed his lawyer wasn’t allowed to explain certain details about the case, which affected the way the jury viewed his actions. The court looked carefully at Barrett’s complaint. It found that Barrett was right in saying his lawyer didn't give him good advice about applying for the lesser charges. This misguidance led Barrett to give up an important option that could have benefited him. The court pointed out that Barrett’s lawyer was confused and didn't accurately inform him about his chances for parole based on different sentences. Because of these mistakes by his lawyer, the court decided that Barrett deserved another trial to get a fair chance. They reversed the earlier decision and sent the case back to start again. One judge disagreed with this choice, believing that Barrett was a smart individual who made a choice in consultation with his lawyer and understanding the risks.