Disruptive Behavior

RE-2015-922

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In OCCA case No. RE-2015-922, Palmer appealed his conviction for perjury. In an unpublished decision, the court decided to affirm the revocation of Palmer's suspended sentences. One judge dissented. Palmer had previously received a deferred sentence for a case in 2010. In 2015, he pleaded no contest to a perjury charge and got another suspended sentence that he was serving at the same time as the first one. Later, the State of Oklahoma filed to revoke his suspended sentences, claiming he had violated probation by not reporting, not paying court costs, and not completing a required program. They also added new charges of kidnapping and assault. During the revocation hearing, Palmer was removed from the courtroom because he was disruptive. He interrupted the judge repeatedly and was warned to stop, but he did not listen. The court found that because he was behaving disruptively, his absence from the hearing did not make the process unfair. Palmer also claimed that he wanted to represent himself but was forced to have a lawyer. The court determined he had not made any formal request to represent himself, so this claim was rejected. Additionally, Palmer argued that the court did not explain why his sentences were revoked. However, the court noted that there is no requirement to provide detailed reasons at a revocation hearing. Palmer's failure to follow even one condition of his probation was enough to justify the revocation of his sentences. Finally, Palmer thought the judge did not have the power to impose supervision following his imprisonment. However, the court found this issue was already resolved and was therefore moot. The court's overall ruling was to confirm that Palmer's suspended sentences were revoked, maintaining that proper procedures were followed during the revocation hearing.

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F-2014-22

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In OCCA case No. F-2014-22, Padillow appealed his conviction for rape and sexual offenses. In an unpublished decision, the court decided to affirm the convictions but reversed a citation for direct contempt of court and vacated the associated sentence. One judge dissented. Earnest Eugene Padillow faced serious charges in two cases related to the sexual abuse of young girls. The first case involved the abuse of his nine-year-old great-niece, S.G., during a single day in August 2007, and the second case involved the sexual assault of his 11-year-old niece, D.P., in 2011. In both instances, Padillow was accused of serious crimes, including rape and inappropriate sexual contact. During the trial, Padillow had a tumultuous relationship with his attorneys. He expressed dissatisfaction with their defense strategies and at times chose to represent himself. This led to a chaotic scene in the courtroom where Padillow violently attacked one of his attorneys, resulting in his removal from the courtroom. Despite his outbursts, the trial proceeded, and he was found guilty. The court sided with the trial judge's decision that Padillow waived his rights to be present during certain trial stages due to his disruptive conduct. Padillow also claimed that his constitutional right to testify was violated when he was removed from the courtroom. However, the court ruled that his violent actions constituted a waiver of that right. In another point of contention, Padillow argued that he should have been given the chance to respond to a direct contempt charge when the judge found him guilty of contempt for his outburst. Although the court acknowledged he did not have the opportunity to be heard, they decided to reverse the contempt finding rather than require a new hearing given the context of his other convictions. Lastly, it was determined that some of the judgment documents contained errors regarding sentences, which the court directed to be corrected. Overall, the court upheld the significant portions of Padillow's convictions while addressing some procedural errors related to his contempt citation and record-keeping in the judgments.

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F-2011-866

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In OCCA case No. F-2011-866, Emanuel D. Mitchell appealed his conviction for Murder in the First Degree and Conspiracy to Commit a Felony (Robbery with a Dangerous Weapon). In a published decision, the court decided to reverse and remand Mitchell's case for a trial where he may be allowed to represent himself. One judge dissented. This case began when Mitchell was found guilty of murder and conspiracy after a jury trial. He was sentenced to life in prison for the murder and 35 years for conspiracy, along with an additional 10 years for unauthorized vehicle use. Mitchell appealed, stating four main reasons why he believed his conviction should be overturned. First, Mitchell claimed that he was not allowed to represent himself during his trial, which he argued violated his rights. He believed he could defend himself better than his attorney. However, the court denied his request for self-representation, stating that it was not in his best interest. The court should have ensured that he was fully aware of the potential risks associated with representing himself before denying his request. Second, Mitchell argued that the laws applied to him during his murder prosecution were not supported by the evidence presented. He believed his rights were violated, which would require the court to dismiss the murder charge. Third, Mitchell stated that he was not allowed to present a full defense in court, suggesting that this was an unfair violation of his rights. Finally, he claimed that his attorney did not provide effective assistance, which is a right guaranteed by law. After reviewing all the information in the case, the court found that Mitchell's first argument was valid. It concluded that the trial court had wrongly denied his request to represent himself and that this mistake warranted a reversal of his conviction. They remanded the case back to the lower court so Mitchell could exercise his right to defend himself. Although the court found that the felony-murder charge against Mitchell was valid, and that there was no error in the jury instructions about the defenses, they acknowledged that these points were not the main issue due to the ruling on self-representation. Consequently, the matter about ineffective counsel was deemed moot. The final decision was to reverse the current judgments against Mitchell and send the case back to start fresh, allowing Mitchell the opportunity to represent himself.

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