District Court

S-2015-446

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In OCCA case No. S-2015-446, James Leonard Martinez appealed his conviction for unlawful possession of a controlled drug with intent to distribute, unlawful possession of drug paraphernalia, and operating without mud flaps. In a published decision, the court decided to affirm the District Court's ruling that suppressed evidence in the case. One judge dissented. The case began when Officer Porter stopped Martinez's vehicle because he believed it lacked the required mud flaps, which the officer thought was a violation of the law. However, the trial court found that Martinez's car had fenders, and according to the statute, if a vehicle has fenders, it does not need mud flaps. Thus, the officer's stop was not justified. The State argued that even if the law did not apply to Martinez's vehicle, Officer Porter had a reasonable but mistaken belief about the law when he stopped Martinez. However, the trial court ruled that the officer's misunderstanding of the law was not reasonable because the law's language was clear. The court reviewed the officer's actions and concluded that he made a mistake of law, which means he misunderstood the actual law regarding mud flaps. Because of this, the court agreed with the trial court's decision to suppress evidence gathered during the stop and to dismiss the case against Martinez. Ultimately, the court confirmed that the stop was not lawful and upheld the trial court's ruling.

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PC-2015-6

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In OCCA case No. PC-2015-6, Kendall Wayne Edwards appealed his conviction for First Degree Murder. In a published decision, the court decided to affirm the lower court's ruling that granted post-conviction relief, vacating Edwards's murder conviction and ordering a new trial based on claims of ineffective assistance of counsel and newly discovered evidence. One judge dissented. The case stemmed from an incident on March 9, 2001, where Edwards was accused of shooting Gerald Lamont Ford during a fight outside a convenience store. Edwards was convicted at trial and sentenced to life imprisonment, but he sought post-conviction relief in 2012, claiming several errors occurred during his trial, including improper admission of evidence and ineffective legal representation. The court's analysis focused primarily on the newly discovered evidence claim, which was that another witness, Larika A. Alexander, could potentially exonerate him by stating she saw him being beaten and heard the gunshot without witnessing him fire the weapon. The lower court agreed that this evidence was significant enough to undermine confidence in the outcome of the trial and held that Edwards deserved a new trial. While the majority opinion supported this conclusion, a dissenting judge argued that the new evidence did not sufficiently meet the standard required to warrant a new trial since it was cumulative and lacked materiality. The dissent emphasized that the jury had already evaluated the credibility of the witnesses during the original trial. Ultimately, the court's decision to uphold the lower court's granting of a new trial was based on the notion that justice required the possibility of a different outcome with this new testimony. Thus, Edwards was granted the opportunity for a re-examination of the case.

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F-2014-974

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In OCCA case No. F-2014-974, Donald Edward Tolliver, Jr. appealed his conviction for Shooting With Intent to Kill. In an unpublished decision, the court decided to affirm the conviction and sentence but vacated the restitution order, requiring a new determination of the victim's losses. One judge dissented. Tolliver was found guilty by a jury and received a thirty-five-year sentence, with thirty-two years suspended. He had to pay over $10,000 in restitution, which he appealed, arguing several points about his trial. He claimed the trial court made several errors. First, he believed the court should have instructed the jury on lesser-included offenses, like Assault and Battery, but the court noted that Tolliver had proclaimed his innocence and did not show he committed any lesser crime. Second, he argued the court should have included an instruction about flight, which might help explain his actions after the shooting. However, because he did not properly ask for this during the trial, the court ruled he could not bring this up on appeal. Third, he accused the prosecution of misconduct, arguing this affected his chance for a fair trial. However, the court found that while some actions by the prosecution could be questionable, they didn't constitute an error that would change the outcome of the trial. In his fourth argument, Tolliver said the court didn't follow proper rules regarding restitution calculations. The appellate court agreed with this point, stating that the evidence did not clearly show the victim's actual losses. Fifth, he argued the thirty-five-year sentence was excessive. The court disagreed, finding the sentence appropriate given the crime. Finally, he claimed that all the errors combined took away his right to a fair trial, but the court noted there wasn’t enough evidence to support this claim either. Ultimately, while Tolliver's conviction and sentence were upheld, the restitution order was sent back to the lower court for further consideration of the victim's financial losses.

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RE-2014-743

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In OCCA case No. RE-2014-743, the appellant appealed his conviction for attempted manufacturing of a controlled dangerous substance (methamphetamine), first-degree arson, and child endangerment. In an unpublished decision, the court decided to affirm the revocation of the appellant's suspended sentences for some charges but vacate the revocation for one charge due to a prior dismissal. The case began when the appellant, on November 3, 2010, pleaded guilty to several charges, including attempting to manufacture methamphetamine. He was sentenced to serve time but was given a chance to have his sentences suspended if he followed probation rules. However, in August 2012, the state claimed the appellant violated these rules by not living in a sober facility and testing positive for drugs. The appellant admitted to these violations but was given another chance to comply with the probation terms. Later, the state filed another application to revoke his suspended sentences, alleging he committed new crimes, including kidnapping. A revocation hearing was postponed multiple times, eventually taking place in 2014. The court decided to revoke all of his suspended sentences except for one, which had been dismissed earlier. The appellant raised several arguments in his appeal. He claimed that the court did not have the right to revoke his sentences since the revocation hearing was delayed beyond the allowable time. He also argued that the court should not have revoked his sentence related to the dismissed charge and said he didn’t receive proper help from his attorney. The court found that while the appellant was correct about the dismissal of one charge, the other violations justified the revocation of his sentences. The court determined that the initial confession of violations was enough for the revocation and that the appellant had not shown neglect of care by his attorney on the other claims. As a result, the court affirmed the decision to revoke the sentences for the charges that were still valid but agreed to cancel the revocation related to the dismissed count. The case was sent back to the lower court to correct the record about the dismissed charge. Overall, the court's findings led to a mixed outcome for the appellant, maintaining some penalties while recognizing the error regarding the dismissed charge.

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F-2014-452

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In OCCA case No. F-2014-452, Roderick Leandrew Jackson appealed his conviction for various crimes, including knowingly concealing stolen property and drug-related offenses. In a published decision, the court decided to reverse the termination of his participation in the Drug Court program. The state also agreed that the termination was a mistake. Jackson had previously been sanctioned for his violations, and since there was no new evidence of violations presented at the hearing, he was reinstated in the Drug Court program. One judge dissented.

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F-2014-396

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In OCCA case No. F-2014-396, Jenkins appealed his conviction for Burglary in the Second Degree. In an unpublished decision, the court decided to modify Jenkins' 30-year sentence to 20 years. The decision was reached after the court found some errors occurred during the sentencing stage. Jenkins was convicted of breaking into a house with the intent to steal. He argued that the evidence did not prove he broke into the home. However, the court found that the doors being open and a window being broken were enough to show that he did break in. The court also determined that his behavior, like giving a false name and running away, suggested he intended to steal. Although the court found the conviction valid, they acknowledged that the prosecution made mistakes when discussing Jenkins' past criminal record, which prompted them to lower his sentence. The original sentence of 30 years was too harsh given the errors, leading the court to adjust it to 20 years. Ultimately, the court upheld the conviction but modified the length of the sentence.

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J-2015-353

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In OCCA case No. J-2015-353, E.A.F. appealed his conviction for robbery and attempted robbery. In a published decision, the court decided to reverse the order to sentence E.A.F. as an adult and instructed for a new hearing to be held before a different judge, only after a psychological evaluation was completed. Two judges dissented.

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C 2014-920

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In OCCA case No. C 2014-920, John Edward Oxford appealed his conviction for several serious crimes including robbery, burglary, and conspiracy. In a published decision, the court decided to deny his appeal but also ordered a hearing to review the amount of restitution he was ordered to pay. Oxford was charged with multiple counts and, on July 10, 2014, he entered a blind plea, which means he pleaded guilty without negotiating a deal, to all the charges. The court sentenced him to a total of over 70 years in prison and ordered him to pay about $67,539 in restitution to the victims. After his sentencing, Oxford tried to withdraw his guilty plea, claiming he did not understand the charges and was not fully informed about his rights. The trial court held a hearing on this and ultimately denied his request. Oxford then appealed this decision, arguing several points. First, he believed he should not have been sentenced for certain counts because it violated laws against double punishment. However, the court noted that his arguments about double jeopardy were not raised in the earlier stages and thus were not considered. Second, he argued there wasn't enough evidence to support the restitution amount, but again the court found this issue had not been raised before and rejected it. Oxford also claimed he did not receive effective legal help during his plea and the hearing to withdraw it. The court agreed that there were problems with how his attorney handled the restitution order, focusing mainly on the lack of detailed documentation justifying the restitution amount. This lack of evidence meant the restitution order was not valid. While the court found that Oxford's guilty plea was made voluntarily, it did acknowledge inadequate support for the restitution order. Therefore, it denied his appeal regarding the guilty plea but vacated the restitution order, sending the case back to the lower court for a proper review of how much compensation was truly owed to the victims. One judge dissented, noting that the case should have been looked at more closely regarding the earlier claims. So, in summary, the appeal was mainly denied except for the part about restitution, which was sent back to the lower court for further review.

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RE 2014-0777

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In OCCA case No. RE 2014-0777, Rogelio Solis, Jr. appealed his conviction for Domestic Abuse - Assault and Battery. In an unpublished decision, the court decided to affirm the order revoking his suspended sentence but found merit in his argument regarding post-imprisonment supervision and remanded the case to modify that part. One judge dissented.

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S-2014-812

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In OCCA case No. S-2014-812, the State of Oklahoma appealed the conviction of Adam Clayton Zilm for Sexual Abuse of a Minor. In an unpublished decision, the court decided to affirm the ruling of the District Court that suppressed certain child hearsay statements. One judge dissented. The case started when Adam Clayton Zilm was charged with sexually abusing a minor in Tulsa County. Before the trial began, there was a hearing to determine if the statements made by the child victim, K.A., could be used as evidence in the trial. During this Reliability Hearing, the child made statements to a forensic interviewer and a neighbor about the alleged abuse. However, K.A. later testified that she had not been abused and said she had been influenced to make claims about the abuse. The State argued that the trial court was wrong to suppress the child’s statements because they believed the statements should have been allowed to support the case against Zilm. The court had to decide if these hearsay statements were trustworthy to be presented at trial. According to Oklahoma law, a child’s hearsay statements can be used if the court finds them to be reliable based on several factors. The trial court decided that K.A.'s statements to the forensic interviewer and neighbor were not reliable enough. They allowed K.A. to give her testimony because it was necessary to determine if her earlier statements could be trusted. The court found inconsistencies in her testimony compared to her earlier claims, which made the hearsay statements questionable. The appellate court upheld the trial court's decision, stating that they did not abuse their discretion by suppressing the hearsay statements from the child victim. They believed the trial court made the right choice by considering the total context around the statements. Meanwhile, one judge disagreed. This judge felt that the earlier statements made by K.A. should still be considered admissible. They argued that the trial court focused too much on K.A.'s later testimony, which could have been influenced and not truly reflected what had happened earlier. Overall, the court decided that the suppression of the hearsay evidence was appropriate, allowing the earlier ruling to stand and ensuring that K.A.'s inconsistent statements were not used in the trial against Adam Clayton Zilm.

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RE 2014-0536

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In OCCA case No. RE 2014-0536, Matthew Carl Eddings appealed his conviction for Possession of a Controlled Substance and Driving Under the Influence of Drugs. In a published decision, the court decided to affirm the revocation of Eddings' suspended sentence. One judge dissented. Eddings was originally given a deferred sentence with rules for probation and fines for his crimes. However, over the years, he struggled to meet the conditions of his probation, which included paying fines and child support. The state moved to revoke his sentence because of these issues. When the court reviewed Eddings' case, they found enough evidence to support the revocation. Eddings had not made required payments for over a year and had not shown a good faith effort to comply with the rules. The court also noted that since there were new facts presented during the latest revocation hearing, the principle of res judicata, which prevents re-judging the same issue, did not apply. However, there was an issue identified with an added requirement for supervision after imprisonment. The court agreed that the requirement for one year of supervision after his sentence was not appropriate, as new laws did not apply to his case. In conclusion, while Eddings’ suspended sentence was revoked, the court ordered that the requirement for post-imprisonment supervision be removed.

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F-2014-580

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In OCCA case No. F-2014-580, Christopher M. Turner appealed his conviction for Indecent or Lewd Acts with a Child under Sixteen. In an unpublished decision, the court decided to affirm his convictions and sentences but vacate the Victims Compensation Assessment and remand the case for a full hearing to properly consider the required factors related to the assessment. One judge dissented.

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RE-2014-575

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In OCCA case No. RE-2014-575, Jason Duane Barnes appealed his conviction for violating his probation. In an unpublished decision, the court decided to reverse the decision to revoke his suspended sentences. The judges noted that the evidence was not enough to support the revocation because the prosecution failed to show that the judgment related to his new crime was final. One judge dissented.

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F-2014-889

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In OCCA case No. F-2014-889, Klayton Jordan Kitchens appealed his conviction for possession of controlled dangerous substances, specifically methamphetamine and marijuana, as well as unlawful possession of drug paraphernalia. In an unpublished decision, the court decided to reverse one of the convictions related to marijuana possession but affirmed the other convictions. The events leading to the case began when the police served a search warrant at Kitchens' home in Lawton, Oklahoma, and found methamphetamine and marijuana. They initially found meth but returned later with a new warrant, where they found both drugs and drug paraphernalia in his room. Kitchens argued that having two convictions for possession of different controlled substances violated the law against double jeopardy, which means a person cannot be punished for the same offense twice. The court agreed, stating that both drugs were found as part of one act—meaning one violation of the law. Therefore, he should not have been punished twice for the two different drugs since they were found in the same piece of furniture. On the other hand, Kitchens also argued that the judge made a mistake by making his sentences run consecutively, rather than concurrently. The court disagreed, saying that it was within the judge's authority to decide how the sentences should be served, and there wasn't enough reason to change this decision. In summary, the court reversed the conviction for possession of marijuana since it felt that Kitchens should not be punished twice for the same action, but it upheld the decision on the other drug offenses. The case was sent back to the lower court just for that change.

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C 2014-693

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In OCCA case No. C 2014-693, a person appealed his conviction for child neglect. In an unpublished decision, the court decided to allow him to withdraw his no contest plea due to receiving bad advice from his attorney, which made his plea not knowing and voluntary. One judge dissented.

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S-2013-510

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In OCCA case No. S-2013-509 and S-2013-510, two individuals appealed their convictions for first-degree murder. In an unpublished decision, the court decided to affirm the dismissal of the charges against them based on their claim of immunity under the Stand Your Ground law. The court found that the appeal by the State of Oklahoma was not authorized to challenge the dismissal order. One judge dissented.

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S-2013-509

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In OCCA case No. S-2013-509, Julio Juarez Ramos and Isidro Juarez Ramos appealed their convictions for first-degree murder. In a published decision, the court decided to affirm the district court's ruling granting the Appellees immunity from prosecution under Oklahoma's Stand Your Ground law. #1 dissented.

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RE-2014-96

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In OCCA case No. RE-2014-96, Blackwell appealed his conviction for Child Abuse. In a published decision, the court decided to affirm the revocation of Blackwell's suspended sentence but remanded the case to determine whether Blackwell is entitled to credit for time served as a Youthful Offender. One member of the court dissented. Blackwell was charged with First Degree Rape but later pleaded guilty to Child Abuse, and his sentence was delayed for five years on probation. After violating several terms of his probation, the state requested to revoke his suspended sentence. Blackwell claimed that the court did not have the right to revoke his sentence because he argued he was a youthful offender and that his adult conviction was improper. The court explained that the appeal focused on if the revocation was valid rather than the underlying conviction's correctness. Blackwell’s claims related to his conviction need to be addressed through a different legal process, not this appeal. The court also pointed out that issues about the correctness of laws mentioned in the documents were not within their authority to correct in this appeal. Additionally, Blackwell argued that his entire sentence revocation was too harsh. However, the court mentioned that breaking even a single probation rule is enough to revoke the suspended sentence. Finally, Blackwell maintained he should get credit for the days he spent under juvenile custody, and the court agreed to look into this matter further, sending the case back for clarification on this issue. They affirmed the revocation overall but allowed for the investigation into how much credit Blackwell should receive.

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S-2014-564

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In OCCA case No. S-2014-564, Christopher Knight appealed his conviction for unlawful possession of a controlled dangerous substance (methamphetamine). In an unpublished decision, the court decided to affirm the trial court's decision to suppress the evidence found during the search. One judge dissented. Christopher Knight was walking late at night in Ardmore, Oklahoma, when an officer saw him and decided to approach him. The officer, who was still in training, had been told by his supervisor to check on people out late at night. The officer stopped in front of Knight and asked if he could talk to him. Knight agreed to talk, and during their conversation, the officer asked if he could search Knight, to which Knight also said yes. However, the officer later admitted that Knight was not doing anything wrong at the time and there was no good reason for stopping him. Knight argued that the way the officer stopped him made him feel like he had to talk and that he was not free to leave. The court needed to decide if Knight was stopped in a way that violated his rights. The court found that it was not clear that Knight's encounter with the officer was truly voluntary. The State needed to show that Knight felt free to walk away, but there was no evidence that he could easily avoid the officer. Because of this, the court agreed with the trial judge that the evidence collected during the search should not be used against Knight. As a result, the court affirmed the trial court's ruling to suppress the evidence and ordered the case to go back for more proceedings, as long as they followed the decision made. One judge disagreed with this decision, believing that the officer should not be blamed for simply talking to Knight.

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M-2013-1049

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In OCCA case No. M-2013-1049, Wilson appealed his conviction for Domestic Abuse Assault and Battery. In an unpublished decision, the court decided to reverse the conviction and remand the case for a new trial. One judge dissented. Wilson was charged with Domestic Abuse Assault and Battery in 2012. In February 2013, after a trial without a jury, he was found guilty. The judge sentenced him to one year in jail, with thirty days to be served, and imposed a $500 fine. Wilson challenged his conviction by raising several issues, including that he was not properly informed about his right to a jury trial and that he did not knowingly waive that right. The court found that there was no valid waiver of Wilson's right to a jury trial in the court record. They explained that for a waiver to be valid, the defendant must clearly understand what they are giving up. Since there were no documents or transcripts showing that Wilson knew about his right to a jury trial or chose to waive it, the court ruled that there was fundamental error. The majority opinion concluded by reversing Wilson's conviction and ordering a new trial because of the issues surrounding the jury trial waiver. One judge disagreed and believed that the record showed Wilson had been properly informed about his rights and that he had made a competent choice to proceed with a bench trial. However, the majority decision carried the ruling, leading to a new trial for Wilson.

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F-2014-279

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In OCCA case No. F-2014-279, Cruz-Brizuela appealed his conviction for Aggravated Trafficking in Illegal Drugs (Cocaine). In an unpublished decision, the court decided to reverse the convictions and remand for new trials with conflict-free counsel. Guevara also appealed his conviction for the same charge, and the court made a similar decision for him. A dissenting opinion was filed. Cruz-Brizuela and Guevara were both found guilty by a jury in Oklahoma County for having a large amount of cocaine hidden in a truck they were driving. The police had stopped them for a minor traffic issue and, upon inspection, discovered the cocaine in a secret compartment. During the trial, both men claimed they did not know about the drugs, but because they shared the same lawyer, there were concerns about an actual conflict of interest that seemed to affect their defense. The case stemmed from an incident on April 25, 2012, when an officer pulled their truck over. The officer had suspicions about the trip based on the men's log books and their explanations about stops they made along the way. The prosecutor argued that it was more likely that either Cruz-Brizuela or Guevara had placed the cocaine in the trailer during a long stop during their journey. Both men argued that their lawyer’s conflict made it impossible for him to defend them properly, as he could not use certain evidence to benefit one without hurting the other. Because their defense relied on the idea that neither of them knew about the drugs, the conflict prevented their lawyer from arguing effectively. The court found that the actual conflict had indeed affected the counsel's performance and, thus, both convictions were reversed. The judges agreed that it was important for defendants to have lawyers without conflicting interests to ensure a fair trial. The case was remanded for new trials where both Cruz-Brizuela and Guevara could have separate attorneys who could focus on their individual defenses. So, the outcome was that Cruz-Brizuela and Guevara were given another chance to defend themselves against the charges, this time with legal representation that wasn’t hindered by conflicts of interest.

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RE 2014-0706

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In OCCA case No. RE 2014-0706, Sean Eddie Howland appealed his conviction for possessing a stolen vehicle and obstructing an officer. In a published decision, the court decided to reverse the revocation of Howland's suspended sentence and remanded the case to the District Court with instructions to dismiss. One judge dissented. Howland had pled guilty to the charges in 2009 and was given a suspended sentence that included time in jail and fines. He was supposed to follow rules while on probation. However, the State accused him of not staying in touch with his probation officer after he got out of prison in New Mexico. In 2011, Howland admitted to the allegations, and the judge gave him more time to comply with the probation rules. When Howland didn't show up for a review hearing later, the judge revoked his suspended sentence in 2014. Howland then argued that he didn’t get good help from his lawyer during the revocation process and that the delays were unfair. The State also admitted that the delays hurt Howland's case. After looking at everything, the court agreed with Howland and decided to reverse the revocation. The case was sent back to the lower court to dismiss the revocation.

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M-2014-235

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In OCCA case No. M-2014-235, Donald Wayne Farino appealed his conviction for Obtaining Cash By False Pretenses and Petit Larceny. In a published decision, the court decided to reverse his convictions and send the case back for a new trial. No one dissented.

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S-2014-786

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In OCCA case No. S-2014-786, the State of Oklahoma appealed the conviction of Douglas Raymond Norwood for misdemeanor possession of marijuana. In an unpublished decision, the court decided to affirm the lower court's ruling, which dismissed the felony charge that the State had brought against him. The court also accepted Norwood's guilty plea for the misdemeanor charge. One judge dissented. The case began when the State charged Norwood with felony possession of marijuana because he had three prior convictions related to drug offenses. Norwood argued that because his past convictions were not from the specific law under which the State was trying to charge him this time, his current charge should be treated as a misdemeanor instead of a felony. The trial court agreed with Norwood and dismissed the felony charge, allowing him to plead guilty to the lesser charge. The State then appealed, but the court explained that its ability to appeal was limited by law. They could only do so in specific situations, one of which is if there has been a dismissal that prevents further prosecution. The court indicated that the trial court had correctly dismissed the felony charge because the law only allows such enhancements to felony charges when a person has previous convictions specifically under that law. The court referred to a similar earlier case, showing that they had already decided against the State in a comparable situation. They reaffirmed that in order to enhance a charge to a felony, the previous convictions must originate from the same specific law, which was not the case for Norwood. In conclusion, the court upheld the decision of the lower court to dismiss the felony charge and accepted Norwood's guilty plea for misdemeanor possession. Thus, the appeal was rejected, and the original ruling was confirmed, with one judge explaining why he disagreed with the outcome.

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F-2014-46

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In OCCA case No. F-2014-46, Bradley appealed his conviction for possession of a controlled dangerous substance (cocaine base) in the county jail. In an unpublished decision, the court decided to affirm the judgment of the district court but modified Bradley's sentence from thirty years to twenty years. One judge dissented. Bradley was found guilty by a jury in Garvin County. The jury decided his punishment would be thirty years in prison because he had previously committed felonies. The judge in his case sentenced him accordingly and this new sentence would be served at the same time as sentences from other cases he had. Bradley raised several issues in his appeal. First, he argued that the district court should have allowed him more time to prepare for his trial, but the court did not agree. They believed he did not meet the requirements needed for a continuance. Second, he wanted a new trial because of new evidence, but the court found that the evidence wouldn’t change the trial's outcome. He also claimed that his lawyer did not help him as much as they should have. However, the court found that he could not show how this lack of assistance changed the trial result. Additionally, he argued that the state did not share important information before the trial, but the court ruled that the information was not crucial. Bradley was concerned about comments made by the prosecutor regarding his right to remain silent. The court found no serious mistakes in this regard. Claims of prosecutorial misconduct were also rejected since the comments made were considered harmless in the context of the trial. One key issue was about Bradley's past felony convictions. The state had shown more convictions than were necessary, which the court admitted was a mistake. The court concluded that the jury might have been influenced by the extra information about Bradley's past and decided to lessen his sentence to twenty years, believing this was a fair correction. The judgment of the district court was affirmed, indicating they found no major errors in the trial process that would affect fairness, except for the over-exposure to extraneous felony convictions which led to a reduced sentence. The dissenting judge argued that the error did not greatly affect Bradley's rights and believed the original thirty-year sentence was appropriate.

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