Eighth Amendment Archives

F-2018-1222

Post author:Staff
Post published:January 30, 2020
Post category:F

The document is a summary opinion from the Court of Criminal Appeals of the State of Oklahoma regarding Larry Donelle Brown, Jr.'s appeal following his resentencing for a first-degree murder conviction. Here's a brief breakdown of the key points: 1. **Background**: - Larry Donelle Brown, Jr. was convicted of first-degree murder as a juvenile and initially sentenced to life imprisonment without the possibility of parole. - This sentence was later challenged, and the Oklahoma Court granted post-conviction relief, allowing Brown to be resentenced. 2. **Resentencing**: - Upon resentencing by Judge Sharon K. Holmes, Brown received a life sentence with the possibility of parole, with credit for time served. 3. **Appeal**: - Brown's appeal argues that his life sentence effectively amounts to a life sentence without parole, violating his constitutional rights under the Eighth and Fourteenth Amendments. - He cites the U.S. Supreme Court rulings in *Miller v. Alabama* and *Graham v. Florida*, which assert that juveniles should have a meaningful opportunity for parole based on their maturity and rehabilitation. 4. **Court Findings**: - The court found no constitutional violation in Brown's sentence. - It reiterated previous rulings that a life sentence with the possibility of parole does not violate the standards set by the Supreme Court regarding juvenile offenders. - The court noted that Brown, having served over 21 years, appears eligible for parole consideration and affirmed that he had not been denied fair notice or opportunity in the parole process. 5. **Conclusion**: - The sentence was affirmed, indicating that the court found the sentencing to be constitutional and appropriate given the circumstances surrounding Brown's case. Overall, the Court concluded that Brown's concerns regarding parole and the juvenile sentencing principles established by prior Supreme Court rulings were sufficiently addressed by his current life sentence with the possibility of parole.

F-2017-963

Post author:Staff
Post published:January 16, 2020
Post category:F

In OCCA case No. F-2017-963, Randall Duane Throneberry appealed his conviction for Lewd Acts with a Child Under 16. In an unpublished decision, the court decided to affirm the conviction and the sentence of life imprisonment without the possibility of parole. One judge dissented. Randall Duane Throneberry was tried and found guilty in an Oklahoma court for lewd acts with an child under the age of 16. The jury recommended that he be sentenced to life in prison without any chance for parole because he had a prior conviction for a similar crime. The case began when a young girl named R.F. reported that Throneberry had molested her while she was sleeping on a couch. The events happened in August 2015 when R.F. and her mother were staying at a family friend's house, where Throneberry was also visiting. One night, while R.F. was sleeping, Throneberry was found standing too close to her and had his hand under her blanket. The next morning, R.F. woke up to find Throneberry touching her inappropriately. During the trial, Thorneberry argued that some testimonies regarding R.F.'s behavior after the incident should not have been allowed, claiming that it unfairly impacted the jury. However, the court ruled that this evidence was relevant to show the credibility of R.F.'s testimony. Throneberry also challenged the admission of testimony from another victim, D.W., who had been molested by him when she was seven years old. The court allowed this testimony as it demonstrated Throneberry's pattern of behavior. Despite Throneberry's claims, the court found that the testimony was relevant and important for the case. Throneberry's argument that his life sentence without parole was unconstitutional was also denied. The court stated that the sentence was not excessively harsh compared to the serious nature of the crime and Throneberry's history of similar offenses. The judge noted that sentencing is ultimately a matter for the legislature, and in these kinds of cases, severe punishments are justified. In summary, the court upheld Throneberry's conviction and life sentence, finding no errors in the trial or the evidence presented. The judgment was affirmed, with one judge expressing a different opinion.

D-2014-153

Post author:Staff
Post published:September 26, 2019
Post category:D

In OCCA case No. N 2014-153, Harris appealed his conviction for First Degree Murder. In a published decision, the court affirmed the death sentence, finding sufficient evidence of his crime and rejecting claims of an incomplete trial record. One judge dissented. [occa_caption]

PC-2018-723

Post author:Staff
Post published:September 5, 2019
Post category:PC

**Summary of Court Decision: Shawn A. Detwiler v. The State of Oklahoma** *Case Overview:* Shawn A. Detwiler sought post-conviction relief related to multiple convictions stemming from offenses committed as a juvenile, including armed robbery and shooting with intent to kill. After initially pleading guilty to several charges and receiving concurrent sentences, he argued that the combination of his consecutive sentences constituted a de facto life without parole sentence, violating his Eighth Amendment rights. *Key Points of Rulings:* 1. **Case Summation:** Detwiler was convicted on several counts involving crimes such as burglary, robbery, and assault. His sentences ranged from 5 years to life imprisonment, some being discharged over time. 2. **Legal Precedents Cited:** Detwiler's argument was heavily reliant on the legal interpretations established in *Graham v. Florida*, *Miller v. Alabama*, and *Montgomery v. Louisiana*, which emphasize that juvenile offenders should not be sentenced to life without parole for non-homicide crimes. 3. **District Court's Findings:** The District Court found that since Detwiler was not sentenced to life without parole or its functional equivalent, the Eighth Amendment protections cited in those cases did not apply. 4. **Aggregate Sentencing Argument:** Detwiler contended that his sentences, when viewed collectively, equated to a de facto life sentence. However, the court maintained that each sentence should be evaluated independently. 5. **Response to Tenth Circuit Precedent:** The Oklahoma Court of Criminal Appeals referred to a prior ruling (Martinez v. State) which rejected the idea of viewing multiple sentences in aggregate for Eighth Amendment analysis. 6. **Conclusion by the Court:** Detwiler's post-conviction relief was ultimately denied. The court established that he has the potential for parole consideration and has not received sentences that deal with him as if he was sentenced to life without parole as per the noted precedents. *Dissenting Opinions:* 1. Judge Lewis dissented, arguing that consecutive sentences for multiple serious offenses committed as a juvenile effectively mean a lifetime sentence without a realistic chance for release, which may constitute cruel and unusual punishment. 2. The dissent emphasized that juveniles should be given a chance to demonstrate maturity and rehabilitation, which the current sentencing practices do not permit. 3. It was asserted that the framework of Graham should extend to prevent the imposition of excessively punitive aggregated sentences for juveniles, thereby relieving them of permanent confinement without the chance for parole. *Final Notes:* The court's ruling underscores ongoing debates about sentencing juveniles, the interpretation of constitutional protections, and the lengths of sentences impacting juvenile offenders. The dissent highlights the critical need for opportunities for rehabilitation and review in cases involving young individuals.

C-2018-372

Post author:Staff
Post published:May 29, 2019
Post category:C

**IN THE COURT OF CRIMINAL APPEALS OF THE STATE OF OKLAHOMA** **LAVONTE ANTONIO JOHNSON,** **Petitioner,** **v.** **THE STATE OF OKLAHOMA,** **Respondent.** **Case No. C-2018-372** **SUMMARY OPINION DENYING PETITION FOR WRIT OF CERTIORARI** **Filed May 39, 2019** **JOHN D. HADDEN, CLERK** **LEWIS, PRESIDING JUDGE:** Lavonte Antonio Johnson, Petitioner, pled guilty to using a vehicle to facilitate the intentional discharge of a firearm, in violation of 21 O.S.2011, § 652(B), in the District Court of Oklahoma County, Case No. CF-2014-2033. The Honorable Susan K. Johnson, Special Judge, accepted the plea and deferred judgment for five (5) years, subject to rules and conditions of probation. The State later moved to accelerate the judgment, alleging that Petitioner violated the rules and conditions of probation by possessing a firearm and jumping bail. The Honorable Ray C. Elliott, District Judge, accelerated judgment and sentenced Petitioner to twenty-seven (27) years imprisonment. Petitioner filed a motion to withdraw his guilty plea, which the trial court denied. Petitioner now seeks a writ of certiorari based on the following propositions of error: 1. Petitioner did not knowingly and voluntarily enter his plea of guilty, and the district court erred when it denied his application to withdraw the plea. 2. Petitioner received ineffective assistance of counsel in violation of the Sixth and Fourteenth Amendments to the United States Constitution and Article II, §§ 7 and 20 of the Oklahoma Constitution. 3. Petitioner’s 27-year sentence is excessive under the Eighth Amendment and shocks the conscience. Certiorari review is limited to whether the plea was entered voluntarily and intelligently before a court of competent jurisdiction, whether the sentence is excessive, whether counsel was effective at either the plea hearing or the withdrawal hearing, and whether the State has the power to prosecute the defendant. ### Proposition One In this proposition, Petitioner claims that the record shows he did not voluntarily enter his plea, due to a notational error by his counsel regarding the 85% rule applicable to his sentence. The court points out that a valid plea represents a voluntary and intelligent choice among alternatives. The ruling on a motion to withdraw a plea is reviewed for abuse of discretion. The trial court concluded that despite the error, Petitioner was properly informed about the 85% crime classification, denying this proposition. ### Proposition Two Petitioner argues that his counsel failed to adequately advise him regarding the ramifications of the 85% rule, thus rendering his plea involuntary. The court reviews this claim under the two-pronged Strickland standard for ineffective assistance of counsel. The court found that Petitioner did not show that counsel's performance was deficient or that it prejudiced him, denying this proposition. ### Proposition Three Petitioner argues that his sentence is excessive. The court notes that a sentence within the statutory range will not be modified unless it shocks the court's conscience. Given that Petitioner violated probation for a violent felony by possessing a firearm and jumping bail, the court finds that the sentence does not shock the conscience, thus denying this proposition. ### Decision The petition for the writ of certiorari is DENIED. The Judgment and Sentence is AFFIRMED. Pursuant to Rule 3.15, Rules of the Oklahoma Court of Criminal Appeals, the MANDATE is ORDERED issued upon delivery and filing of this decision. **APPEAL FROM THE DISTRICT COURT OF OKLAHOMA COUNTY** **THE HONORABLE RAY C. ELLIOTT, DISTRICT JUDGE** ### APPEARANCES AT TRIAL **TONY COLEMAN** **ATTORNEY FOR PETITIONER** ### APPEARANCES ON APPEAL **ANDREA DIGILIO MILLER** **ATTORNEY FOR PETITIONER** **LORENZO BANKS** **THOMAS HURLEY** **ATTORNEYS FOR DEFENDANT** **DANIEL POND** **ATTORNEY FOR THE STATE** **OPINION BY: LEWIS, P.J.** **KUEHN, V.P.J.: Concur** **LUMPKIN, J.: Concur** **HUDSON, J.: Concur** **ROWLAND, J.: Concur** [**Download PDF**](https://opinions.wirthlawoffice.com/wp-content/uploads/C-2018-372_1734105356.pdf)

PC 2017-755

Post author:Staff
Post published:May 24, 2019
Post category:PC

In OCCA case No. PC 2017-755, the petitioner appealed his conviction for First Degree Murder. In a published decision, the court decided to vacate the previous sentence and allow for resentencing with a jury. The dissenting opinions argued against the majority decision, indicating that the judge had the discretion to deny jury resentencing based on prior waivers. The case started when the petitioner was just seventeen years old and pleaded guilty to First Degree Murder in 2006. Originally, he was sentenced to life in prison without the chance for parole. After some time, he claimed that this sentence was unfair because he was a minor when he was sentenced. The court agreed and decided to let him be resentenced but had to deal with the issue of whether his resentencing should involve a jury. The petitioner argued that since he was seeking resentencing, he should be allowed a jury trial. However, the state disagreed, pointing out that he had waived his right to a jury trial when he originally pleaded guilty. The judge decided that because of this waiver, he didn’t have to give the petitioner a jury for resentencing. In this case, the court looked at previous decisions that said when a juvenile is sentenced to life without parole, they should have a jury trial unless they give up that right. The majority of the court found that the petitioner did not truly waive his right to a jury for the resentencing, as he was relying on new rules from recent important cases. Ultimately, the court decided that it was wrong for the judge to deny the jury resentencing. They chose to vacate that decision and said the case should go back to the lower court to figure out the right way to do the resentencing, with the ability to include a jury if the petitioner asked. The dissenting opinions argued that the judge had actually acted correctly by denying the request for a jury because the petitioner had already waived that right back when he pleaded guilty. They believed that the rules shouldn’t allow a person to change their mind long after the original decision. The court ordered that the petitioner’s guilty plea and conviction were still valid, but they needed to follow the correct process under the law for the new sentencing.

PR 2018-1203

Post author:Staff
Post published:May 24, 2019
Post category:PR

OPINION ORDER GRANTING APPLICATION FOR EXTRAORDINARY RELIEF AND REMANDING MATTER TO DISTRICT COURT On November 29, 2018, Petitioner, by and through counsel Melissa A. French, filed an application for an…

PC-2017-322

Post author:Staff
Post published:May 9, 2019
Post category:CF

In OCCA case No. CF-2004-4488, the petitioner appealed his conviction for murder and shooting with intent to kill. In an unpublished decision, the court affirmed the conviction, stating that his consecutive sentences do not violate constitutional protections against cruel punishment. One judge dissented on the reasoning. [occa_caption]

F-2017-1248

Post author:Staff
Post published:May 9, 2019
Post category:F

In OCCA case No. F-2017-1248, Aislyn Jonelle Miller appealed her conviction for five counts of Child Neglect. In an unpublished decision, the court decided to affirm the judgment and sentence. One judge dissented. Miller was found guilty by a jury of not taking care of her two young children, which included not providing them with enough food and not getting them the medical care they needed. The jury suggested that she be sentenced to thirty years in prison for four of the counts and ten years for one count, with the sentences to be served one after the other. Miller argued several points on appeal. First, she claimed that two of her convictions for neglecting one child should not count separately, as they were for the same offense – one for not feeding the child and the other for not getting medical care. She also made a similar claim regarding her neglect of her other child. However, the court found that failing to feed the children and failing to get medical care for them were different acts, so her separate convictions were valid. Miller’s next argument was that she did not have good legal representation during her trial. The court explained that to prove this, she needed to show that her lawyer made big mistakes and that these mistakes changed the outcome of her case. Since the court deemed her convictions valid, it concluded that any issues raised about her attorney’s performance would not matter since those objections would not have made a difference. Lastly, Miller claimed that the judge should have allowed her to serve her sentences at the same time instead of one after the other, which would have meant a shorter time in prison. The court pointed out that judges have the right to decide how to run sentences, and in this case, the judge acted reasonably and considered all the facts before deciding to run them consecutively. Overall, the court did not find any errors in the trial process that would have changed the outcome, and so they upheld the original sentence given to Miller.

F-2017-952

Post author:Staff
Post published:April 4, 2019
Post category:F

In OCCA case No. F-2017-952, Jerry Don Battenfield appealed his conviction for sexual abuse of a child under age twelve. In an unpublished decision, the court decided to affirm his convictions. One judge dissented. Mr. Battenfield was found guilty without a jury and received a sentence of thirty years in prison and a fine for each of the two counts, which means he must serve over twenty-five years before he can be considered for parole. He raised several arguments on appeal. First, he argued that he did not understand that he was giving up his right to a jury trial. He believed he might face the death penalty, but the court found he was not misled about the possible punishment. Therefore, his claim was denied. Second, he claimed that the judge improperly relied on evidence that was not admitted during the trial. However, the court found that the judge could only use the evidence that was presented and determined there was no error. Third, he argued that there should have been a hearing to check if child hearsay was reliable before it was allowed in court. The court noted that his attorney had actually agreed to let the hearsay in, which meant that there was no error to review. In the fourth point, he contended that some of the child’s statements were allowed into the trial in a way that violated his right to confront witnesses. The court agreed that there was a mistake concerning some statements but concluded the mistake was harmless, as there was enough other evidence to show he was guilty. Fifth, he stated that his lawyer did a poor job for not fighting harder to protect his rights during the trial. However, the court believed that the lawyer did not make any major mistakes that would have changed the outcome of the trial. Finally, he asked for a review based on multiple mistakes during the trial. The court found that the previous issues did not add up to deny him a fair trial. The court affirmed the judgment and said that the decisions made during the trial were generally correct, despite acknowledging a small error regarding the child’s statements. Overall, his appeal was denied, and he will continue to serve his sentence.

F-2016-30

Post author:Staff
Post published:January 19, 2017
Post category:F

In OCCA case No. F-2016-30, Ladarius Burnell Kelly appealed his conviction for robbery with a firearm and assault with a dangerous weapon. In an unpublished decision, the court decided to affirm his convictions but modified the fines associated with the charges. One judge dissented regarding the change in fines. Ladarius Burnell Kelly was charged and found guilty by a jury for committing robbery with a firearm and assault with a dangerous weapon. He received a punishment of 18 years in prison along with a $2,500 fine for the robbery and 2 years in prison with a $2,500 fine for the assault. The sentences were to be served one after the other. Kelly appealed, raising several issues. First, he argued that the witnesses who identified him were not reliable, which he believed violated his rights. However, the court found that the methods used for identification were not overly suggestive and did not mislead the jury. Therefore, his claim was denied. Next, Kelly challenged the evidence presented against him for the assault charge. The court looked at the evidence favorably for the prosecution and determined there was enough proof to support the conviction. The testimony showed that Kelly had threatened to shoot a victim, which the jury could reasonably interpret as an intent to harm, so this argument was also denied. He also argued that he had not received a fair trial due to prosecutorial misconduct. However, the court found that any alleged missteps by the prosecutor didn't significantly impact the fairness of the trial. Because of this, this claim was denied as well. Importantly, Kelly had a point regarding the fines. The court found that the jury was wrongly instructed about the mandatory fines for the charges. They decided to correct this by changing the fine for the assault count to $0 and reducing the fine for the robbery charge to $2,000. Kelly also believed that his lawyer did not do their job effectively, but the court ruled that his claims did not show that the outcome of the trial would have changed if his lawyer had acted differently. In summary, the court upheld Kelly's convictions and changed the financial penalties, showing that while he did not win the major points of his appeal, he was granted some relief on the fines imposed.

F-2015-393

Post author:Staff
Post published:December 2, 2016
Post category:F

In OCCA case No. F-2015-393, Tucker Ryan McGee appealed his conviction for First Degree Malice Aforethought Murder. In an unpublished decision, the court affirmed his conviction but vacated his sentence of life without the possibility of parole and remanded the matter for re-sentencing. One judge dissented. The case involved the tragic disappearance of 16-year-old JaRay Wilson, who went missing in October 2012. Investigators later connected Tucker McGee and his friend Cody Godfrey to JaRay's disappearance. Evidence presented during the trial showed that McGee, while under the influence of drugs, shot JaRay in the head and subsequently helped dispose of her body. Throughout the trial, McGee raised numerous issues regarding jury instructions and the fairness of his trial, arguing that certain instructions on lesser offenses were improperly given or omitted, that the jury was misled by a flight instruction, and that he was deprived of a fair trial due to the evidence presented against him. He also claimed that the prosecution engaged in misconduct and that he did not receive effective assistance of counsel. The court reviewed all the claims made by McGee and found that while certain instructions were given that could be considered errors, they did not ultimately affect the outcome of the trial. The strengths of the evidence against McGee, including his confessions and the testimony of witnesses, led the court to determine that the errors did not warrant reversal of his conviction. Importantly, the court also addressed the implications of recent U.S. Supreme Court decisions on juvenile sentencing, specifically those related to life without parole sentences for juvenile offenders. The court acknowledged that the previous standards did not adequately consider the unique circumstances surrounding juvenile offenders and determined that McGee's sentence required re-evaluation under updated legal interpretations regarding the treatment of juveniles in the criminal justice system. As a result, while McGee's conviction was upheld, his life sentence without the possibility of parole was vacated, allowing for the opportunity for re-sentencing that would take into account his age and circumstances at the time of the crime.

F-2015-187

Post author:Staff
Post published:April 12, 2016
Post category:F

In OCCA case No. F-2015-187, Steven R. Jennings appealed his conviction for Domestic Assault and Battery by Strangulation and Domestic Assault and Battery Resulting in Great Bodily Injury. In a published decision, the court decided to reverse Jennings’ conviction for Domestic Assault and Battery Resulting in Great Bodily Injury, while affirming the other conviction. One judge dissented. Jennings was found guilty by a jury for two serious crimes against a person in a domestic situation. The jury recommended a punishment of 25 years in prison for each crime, making a total of 50 years. Jennings thought this was unfair and argued several reasons that should change his situation. First, Jennings said both convictions were for one single action, meaning he shouldn't be punished twice for the same act. The court looked closely at whether the injuries were caused by separate actions or not. They decided that Jennings’ actions were connected and not separate incidents. Because of this, the court agreed with Jennings that he should not have been sentenced for both. Next, Jennings argued that the way the trial was conducted was not fair. He wanted the trial to be held in one stage, which would have simplified things. However, the court believed it was appropriate to have two stages so that the jury wouldn’t be overly influenced by his past convictions when deciding if he was guilty of the new charges. Therefore, they didn’t agree with his claim about this issue. Thirdly, Jennings felt that his lawyer did not help him enough, which meant he did not get a fair trial. The court looked at this claim and decided that Jennings did not show how having a different lawyer would have changed the outcome of his case. They found no clear mistakes made by his attorney that harmed his defense. Finally, Jennings felt that a 50-year sentence was too long. Since the court reversed one of his convictions, this concern became less relevant because his total sentence was reduced. In conclusion, the court affirmed one of Jennings’ convictions, it reversed the other, and decided that he should get a new sentence based on the remaining conviction. One judge disagreed and believed there should be a different outcome.

F-2014-931

Post author:Staff
Post published:March 29, 2016
Post category:F

In OCCA case No. F-2014-931, Jeffrey Tallon appealed his conviction for First Degree Rape by Instrumentation and Aggravated Assault and Battery. In an unpublished decision, the court decided to affirm the convictions but reversed the sentences and ordered resentencing. One judge dissented.

F-2014-1100

Post author:Staff
Post published:February 12, 2016
Post category:F

In OCCA case No. F-2014-1100, Kenshari Andre Graham appealed his conviction for Second Degree Felony Murder. In an unpublished decision, the court decided to affirm the conviction but remanded the case for resentencing. One judge dissented. Graham was found guilty of murdering Alec McGlory while trying to rob him at gunpoint for illegal drugs. The jury recommended that he serve life in prison, and the trial court agreed with this sentence. During the appeal, Graham argued that the trial court made a mistake by allowing the State to introduce evidence of another crime he committed—a burglary that took place two days after the murder. He believed this should not have been allowed because it did not relate to the murder case. The court reviewed the evidence admitted during the trial to determine if it was appropriate. Normally, evidence of other crimes is not allowed to prove that someone is guilty of the crime they are charged with. However, there are some exceptions to this rule. One exception is if the other crime is closely connected to the crime being charged, which can help to explain it better. In this case, the burglary and the murder were separate events that happened in different places and times. The burglary did not relate to the drug robbery that led to McGlory's murder. The trial court had allowed the burglary evidence in part to show a possible consciousness of guilt, or that Graham was trying to escape the legal consequences of his actions. The court explained that evidence of fleeing can sometimes be used to support the idea that someone is guilty, but they needed to be careful about how it is used. Despite admitting that the trial court made a mistake by allowing the burglary evidence, the court did not believe that this mistake had a significant impact on the jury's decision to convict Graham. The jury also heard strong evidence from two witnesses who testified that Graham confessed to the murder, along with other evidence connecting him to the crime. The judges concluded that the jury likely made their decision based on this solid evidence, and not just the burglary evidence. However, when it came to sentencing, the judges had doubts about whether the court would have given Graham the maximum sentence of life in prison if they hadn’t considered the burglary. Because of this, the court decided to send the case back to the District Court to determine a proper sentence without considering the improperly admitted evidence. Overall, while Graham's conviction remained in place, the judges recognized the need to reevaluate his sentence without the influence of the wrongful entry of evidence from the burglary case.

F-2014-942

Post author:Staff
Post published:February 4, 2016
Post category:F

In OCCA case No. F-2014-942, Eric Josiah Mardis appealed his conviction for Lewd Acts With a Child Under Sixteen and Engaging in a Pattern of Criminal Offenses in Two or More Counties. In a published decision, the court decided to affirm his convictions but modify his sentences. Two judges dissented regarding the sentence modification. Mardis was found guilty by a jury for multiple counts of lewd acts against a child and received very harsh sentences of 100 years for each of the first five counts and 2 years for the last count, which were to be served one after the other. He questioned the fairness of his trial by stating that the prosecution used information from his mental health records improperly. The court found that while the trial had some errors, they did not significantly harm the fairness of the trial regarding his guilt. However, these errors did affect how the jury decided on his punishment, leading to a modification of those sentences. In his appeal, Mardis raised several concerns, including that his long sentences were cruel and unusual since he was a minor when he committed the offenses. The court noted that he was not given a sentence of life without parole and would have a chance for parole after serving part of his sentence. This meant he had an opportunity for early release based on his behavior and rehabilitation. Mardis also questioned whether there was enough evidence to support his convictions and claimed that his right to confront witnesses was violated when the testimony of a physician’s associate was allowed. The court rejected these claims, finding that there was sufficient evidence to support the jury's decision and that the use of some statements for medical diagnosis purposes did not violate his rights. In summary, his convictions were upheld, but due to the mistakes made during the trial, Mardis's sentences were reduced to 50 years each for the first five counts. This means he would serve a total of 52 years with the last count included. The final decision reflected the need for a fair process while recognizing the severe nature of the crimes committed. Mardis's appeal was partially successful, leading to a lesser punishment than initially given, which was seen as a fair outcome given the legal issues at hand.

F-2013-36

Post author:Staff
Post published:April 22, 2014
Post category:F

In OCCA case No. F-2013-36, Jasper appealed his conviction for Conspiracy, Kidnapping, Attempted First Degree Rape, and First Degree Robbery. In an unpublished decision, the court decided to affirm Jasper's convictions but modify the sentence for First Degree Robbery. One judge dissented. Jasper was found guilty by a jury of four serious crimes. For Conspiracy, he was sentenced to ten years and fined $5,000. For Kidnapping, he received a 20-year sentence. Attempted Rape meant he was sentenced to 22.5 years, and for First Degree Robbery, he was given ten years. The sentences were supposed to be served one after the other, which made his total time in prison very long. Jasper raised several arguments on why he thought his convictions should be changed. He argued that the evidence didn't prove he was part of a conspiracy to commit rape, meaning there wasn't enough proof of an agreement to commit a crime. He also claimed that he shouldn't have been punished for both Kidnapping and Attempted Rape because they were connected to the same act. He believed this meant he faced double punishment for the same offense, which should not happen. Regarding his robbery conviction, Jasper contended that he shouldn't be punished for it because of double jeopardy, a rule that stops someone from being tried for the same crime twice. He also claimed the judge made a mistake when telling the jury about the sentence they could give him for robbery, which he believed went against his rights. Another argument was that some evidence presented during the trial wasn't fair and made him look bad but was not relevant to the case. He asserted that a lot of hearsay evidence was introduced that made his trial unfair and that his lawyer didn’t help him properly. After review, the court found that Jasper's conviction for Conspiracy was supported enough by evidence for the jury to make its decision. They ruled that the convictions for Kidnapping and Attempted Rape were also valid because they were considered separate crimes, meaning he could be punished for both. The claim of double jeopardy concerning his robbery conviction was rejected because the crimes he committed had different elements, making each punishment lawful. When it came to the sentencing instructions for First Degree Robbery, the court recognized a clear error since the jury was told wrong information about the possible sentence. They found that the minimum prison term should have been five years instead of ten. Because of this mistake, Jasper’s sentence for First Degree Robbery was modified. Other claims by Jasper about unfair evidence and the effectiveness of his lawyer did not convince the court to overturn his other convictions. The court believed that, aside from the sentencing issue, his trial was fair overall. At the end, the court kept Jasper’s convictions for Conspiracy, Kidnapping, and Attempted First Degree Rape as they were but changed his sentence for First Degree Robbery to five years. Thus, the court’s decision was mostly in favor of maintaining the original verdict and just correcting the sentencing issue.

F-2011-70

Post author:Staff
Post published:February 24, 2012
Post category:F

In OCCA case No. F-2011-70, Christopher Stinson, Sr. appealed his conviction for First Degree Felony Murder, First Degree Arson, and Manufacturing Controlled Dangerous Substance. In a published decision, the court decided to affirm the judgment and sentence on the Felony Murder charge and reverse the Manufacturing charge, stating it should be dismissed due to double jeopardy concerns. One judge dissented.

F-2010-555

Post author:Staff
Post published:October 24, 2011
Post category:F

In OCCA case No. F-2010-555, Keighton Jon Budder appealed his conviction for First Degree Rape (Counts I and III), Assault and Battery with a Deadly Weapon (Count II), and Forcible Oral Sodomy (Count IV). In an unpublished decision, the court decided to modify his sentences for Counts I and III to life imprisonment with the possibility of parole. One judge dissented.

F-2007-1151

Post author:Staff
Post published:May 12, 2009
Post category:F

In OCCA case No. F-2007-1151, Keynon Michael Owens appealed his conviction for First-Degree Felony Murder and Robbery with a Dangerous Weapon. In an unpublished decision, the court decided to reverse the conviction for felony murder and to affirm the conviction for robbery. One judge dissented. Owens was tried for the murder of Javier Carranza and robbery of Jesus Carranza. He was convicted of felony murder, with the court determining that the murder happened during a robbery. However, the jury had previously acquitted Owens of the robbery charge against Javier Carranza. The court noted that this inconsistency needed to be addressed. Owens argued the evidence was not enough to support his convictions. The court examined the evidence and determined it was sufficient for the robbery charge against Jesus, but not necessarily for the felony murder related to Javier since the robbery charge for Javier was not convicted. The jury had expressed confusion during deliberations, asking questions that suggested they weren’t clear on how the charges connected. The court found errors related to jury instructions and how the trial court responded to the jury’s inquiries during deliberation. Due to this confusion and because the acquittal was logically inconsistent with the felony murder conviction, the court decided to reverse the felony murder conviction but upheld the robbery conviction. The dissenting judge disagreed with reversing the felony murder conviction, arguing that the jury's decision, even if inconsistent, could still be valid and supported by evidence.

F-2005-557

Post author:Staff
Post published:December 5, 2006
Post category:F

In OCCA case No. F-2005-557, Larry Eugene Wright appealed his conviction for robbery with a firearm, possession of a firearm after a felony conviction, possession of a firearm with an altered serial number while committing a felony, and obstructing an officer. In an unpublished decision, the court decided to affirm his convictions for robbery with a firearm, possession of a firearm with an altered serial number, and obstructing an officer, but reversed his conviction for possession of a firearm after a felony conviction. One judge dissented.

F-2005-814

Post author:Staff
Post published:May 23, 2006
Post category:F

In OCCA case No. F-2005-814, James Joseph Wymer appealed his conviction for First Degree Burglary. In an unpublished decision, the court decided to affirm the conviction but modify the sentence. One judge dissented. Wymer was found guilty by a jury and sentenced to forty-five years in prison. He argued that the jury was not fully instructed about the law regarding his sentence, which meant he wasn't told he had to serve eighty-five percent of it. He also felt that his sentence was too long and that the evidence against him wasn't strong enough to prove he was guilty beyond a reasonable doubt. After looking closely at both the facts and the law, the court believed that the jury should have been informed about the eighty-five percent rule, but they did not think this mistake was enough to set aside the conviction. Therefore, they decided to lower Wymer's sentence from forty-five years to thirty-five years. The court also considered whether his sentence was excessive. They found that given Wymer's past convictions, the sentence was fair and not shocking or unreasonable. Finally, they reviewed the evidence and concluded that there was enough proof to show that Wymer took part in the burglary rather than just standing by. The final decision was to keep the conviction but change the punishment to thirty-five years.

F-2004-682

Post author:Staff
Post published:May 1, 2006
Post category:F

In OCCA case No. F-2004-682, Felix Finley, IV appealed his conviction for Manslaughter in the First Degree. In an unpublished decision, the court decided to affirm his conviction but reversed and remanded the case for resentencing. One member of the court dissented. Finley had been tried by a jury and found guilty of Manslaughter after he stabbed a man during a fight. He argued that he acted in self-defense because the other man was bigger, older, and hitting him. He raised several issues in his appeal, asking why the jury instructions on self-defense were not clear enough and arguing that evidence presented against him was unfair. The court reviewed the case closely. They found the jury's instruction about self-defense was correct and that the evidence indeed indicated that Finley was not acting in self-defense when he stabbed the man. They also felt that despite some irrelevant evidence being presented during the trial, it did not change the outcome of the jury's decision regarding his guilt. However, the court agreed that Finley’s sentence of 70 years was too long without proper guidance to the jury about parole eligibility, which might have affected how they viewed the seriousness of the sentence they were giving. Therefore, while his conviction was upheld, the court mandated a new sentencing hearing to correct these issues. This case highlights the importance of clear rules in court and how the way information is presented to a jury can influence their decisions on guilt and punishment.

F-2004-666

Post author:Staff
Post published:June 8, 2005
Post category:F

In OCCA case No. F-2004-666, the appellant appealed his conviction for failure to register as a sex offender. In an unpublished decision, the court decided to affirm the conviction but modify the sentence to two years imprisonment. One judge dissented. The case involved Steven Randel Hargrove, who was found guilty by a jury for not registering as a sex offender, which is a legal requirement for people with certain criminal backgrounds. He was sentenced to five years in prison by the judge, following the jury's recommendation. Hargrove appealed, arguing several points regarding his trial and conviction. First, he claimed that there wasn't enough evidence to prove that he intentionally failed to register. He felt this violated his rights as protected by the U.S. Constitution and the Oklahoma Constitution. The court reviewed the evidence and decided that while it was unclear if he had intentionally failed to register, there was enough evidence for a reasonable jury to conclude otherwise. Therefore, his argument on this point was denied. Second, Hargrove argued that he did not get good representation from his lawyer. He felt his lawyer made mistakes that harmed his case. The court agreed that his lawyer should have tried to keep certain information about Hargrove's past offenses from the jury. This information likely influenced the jury to give him a harsher sentence. As a result, the court recognized this as a significant issue. Finally, Hargrove believed his sentence was too harsh and that the mistakes made during the trial denied him a fair trial. Since the court agreed with him about the ineffective assistance of counsel, they decided to change his sentence from five years to two years in prison. In summary, the court upheld Hargrove's conviction but reduced his prison time due to the errors made during his trial. One judge disagreed with this decision, believing there was not enough proof of Hargrove's intent to fail to register as a sex offender.

F 2002-1259

Post author:Staff
Post published:November 7, 2003
Post category:F

In OCCA case No. F 2002-1259, the appellant appealed his conviction for robbery in the first degree, robbery with imitation firearm, and possession of drug paraphernalia. In a published decision, the court decided to affirm the convictions but modified the sentences to run concurrently rather than consecutively. One judge dissented, stating that eleven life sentences shocked the court's conscience but eight did not.