Elements of Crime

F-2018-114

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In OCCA case No. F-2018-114, Andrew Huff appealed his conviction for four counts of Child Neglect and one count of Child Sexual Abuse. In a published decision, the court decided to affirm his conviction and sentence. One judge dissented. Andrew Huff was convicted of neglecting his children and sexually abusing a minor. He was sentenced to a total of twenty-five years for the neglect charges and thirty years for the sexual abuse, with all sentences running concurrently. He raised several arguments against his conviction, claiming his rights were violated through various means. First, Huff stated that his video-recorded statements to an investigator should not have been allowed in court because he didn't properly waive his right to counsel. The court found no error in admitting the statement, stating that Huff’s questioning did not clearly indicate he wanted a lawyer at that moment. Next, Huff argued that hearsay evidence was incorrectly allowed, which hurt his chance of a fair trial. However, the court found that any hearsay used was not harmful to the case since other clear evidence proved the charges. Huff also claimed improper admission of other crimes evidence during his police interview, but again, the court concluded there was enough evidence for a verdict regardless of those statements. Regarding jury instructions, Huff felt the jury did not receive proper guidance on the laws for child sexual abuse, which the court acknowledged but deemed harmless since overwhelming evidence supported the verdict. Huff’s claim of insufficient evidence was denied as the court found that evidence presented allowed for rational conclusions supporting the guilty verdicts on both child neglect and sexual abuse. He also brought up issues regarding prosecutorial misconduct during the trial. The court examined these claims and determined any alleged misconduct was not severe enough to warrant a reversal of the conviction. Huff argued that his counsel was ineffective for not objecting to the introduction of certain evidence and not properly advising him during the trial. The court disagreed, stating that the counsel's performance, while being scrutinized, did not affect the overall outcome of the trial as there was sufficient evidence against him. Lastly, Huff believed that his sentence was excessive, but the court noted that the punishment was within legal limits and that the nature of the crimes warranted the sentence imposed. The overall decision confirmed that there were no reversible errors during the trial, and the affirmance upheld Andrew Huff’s conviction and sentences.

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F-2014-939

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In OCCA case No. F-2014-939, Ryan Lee Nixon appealed his conviction for Manufacturing a Controlled Dangerous Substance and Possession of a Controlled Dangerous Substance. In a published decision, the court decided to uphold Nixon's conviction for Manufacturing but reversed his conviction for Possession. One judge dissented. Nixon was found guilty after a trial, where the jury determined he should serve fifteen years for Manufacturing and two years for Possession, alongside hefty fines. However, the judge suspended one of the fines and ordered the sentences to run together. Nixon's appeal included two main arguments. First, he argued that there wasn't enough evidence to show he possessed methamphetamine found in a bedroom. The court agreed with this argument. They explained that having drugs in a place doesn't mean the person had control over them unless there are other facts to prove possession. The court found there wasn't enough evidence to support the idea that Nixon had control over the drugs. Second, Nixon claimed the prosecutor made comments during closing arguments that were unfair. However, the court decided that these comments were acceptable and did not affect the trial's fairness since they were part of the argument about the evidence. In conclusion, while Nixon's conviction for Manufacturing was upheld, the court reversed his conviction for Possession and ordered that charge to be dismissed.

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F-2012-1039

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In OCCA case No. F-2012-1039, Earnest Toby Bearshead appealed his conviction for Robbery with a Firearm and False Personation. In a published decision, the court decided to affirm his conviction for Robbery with a Firearm but reversed his conviction for False Personation. One judge dissented. Bearshead was found guilty of two crimes: Robbery with a Firearm and False Personation. The jury decided he should go to prison for nine years for the robbery and five years for the false personation. The sentences would be served one after the other. Bearshead did not argue against the robbery conviction but did challenge the false personation conviction based on three main issues. First, Bearshead claimed that there wasn't enough evidence to prove he committed false personation. The law says that to be guilty of false personation, a person has to pretend to be someone else and do something that could cause that person to face legal issues or gain some benefit. Bearshead argued that since a video of him talking to the police was not officially accepted as evidence, he could not be said to have assumed another person's identity. Despite this claim, the court found that Bearshead had indeed provided evidence of using a false name when talking to the police. A detective testified that Bearshead initially said his name was “Oscar” and later corrected it to “Toby.” The detective had noted this on a form, showing that Bearshead tried to lie about his identity. The second point Bearshead raised was that even if he did use a false name, he did not do anything to get someone else in trouble, as there were no legal issues connected to the name Oscar Bearshead. The State argued he would have benefitted in some way, such as avoiding responsibility for the robbery. However, there was no evidence that showed Bearshead actually gained anything from pretending to be Oscar. He still faced the charges and was found guilty of the robbery. The court pointed out that Bearshead's jury was not instructed about the possibility of benefiting from using a false name, which was necessary for proving false personation in this case. Without clear evidence that he gained any benefits from the impersonation, the court decided the State did not meet the burden of proving all parts of the crime. As a result, the court reversed Bearshead's conviction for False Personation and ordered it to be dismissed. However, his conviction for Robbery with a Firearm stood, and he would still serve the sentence related to that crime. The decision led to one judge expressing a different opinion from the others.

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F-2011-656

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In OCCA case No. F-2011-656, Jason Kenneth Dimaggio, Jr. appealed his conviction for multiple crimes, including robbery and assault. In an unpublished decision, the court decided to reverse one conviction but affirmed all others. One judge dissented. Jason Dimaggio was found guilty of several offenses that occurred during a violent crime spree in two Oklahoma counties. His crimes included robbery with a weapon, assault with a dangerous weapon, and other charges. He received lengthy sentences, with some of them being consecutive, meaning he would serve them one after another. During the appeal, Dimaggio argued that he didn't get a fair trial for several reasons. He claimed that some evidence about other crimes should not have been allowed, and that he was denied the chance to confront witnesses due to hearsay evidence. His main points included: 1. Other-crimes evidence was presented improperly. 2. Hearsay evidence was used against him. 3. The trial court allowed irrelevant photographs of him to be shown to the jurors. 4. There was misconduct by the prosecutor. 5. The jury was incorrectly instructed about his flight after crimes. 6. The combined effect of errors denied him a fair trial. 7. The court should not have ordered his sentences to be served consecutively. 8. He was unfairly punished multiple times for the same conduct. 9. The evidence did not support some of his convictions. The court reviewed all these claims and found that the evidence about earlier crimes was acceptable as part of the overall story of the events. Although there were issues with some evidence, like the photographs, the judges felt the impact on the trial was not significant enough to change the outcome because there was strong evidence against Dimaggio from witnesses. Regarding the prosecutor’s comments during the trial, the court noted that errors weren’t severe enough to matter because they were not objected to at the time. They also agreed that the jury's instruction about flight wasn't appropriate, but again, it didn't affect the strong evidence of guilt. Dimaggio’s claims of double jeopardy (being punished twice for the same crime) regarding his convictions for assault and fleeing from a police officer were not supported. The court ruled that the crimes were separate and had different elements. However, the court did agree that he should not be convicted for possession of a controlled substance because it was part of the robbery and should not have been counted as a separate crime. Thus, that conviction was reversed. In conclusion, except for the reversed conviction, the court upheld Dimaggio's multiple sentences and affirmed the trial court’s decisions in all other respects.

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SR-2003-276

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In OCCA case No. SR-2003-276, Stephen Lee Terry appealed his conviction for indecent or lewd acts with a child under sixteen. In a published decision, the court decided to affirm the trial court's ruling that dismissed the charges against him. One judge dissented. The case started when Terry was caught secretly videotaping young girls, aged eight to twelve, at a public place. He admitted that he watched these videos for sexual gratification. The court had to decide if his actions were considered a crime under the law. For the law to apply, it needed to be proven that he looked at the body or private parts of the girls, which is one of the elements that must be shown in such cases. The trial court ruled in Terry's favor, stating that simply filming clothed girls in a public space did not meet the legal definition required for the charge against him. While Terry's actions might be seen as inappropriate or offensive, the court concluded that what he did did not violate the law according to the specific requirements set out. Thus, they confirmed the trial court's decision.

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F 2001-873

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In OCCA case No. F 2001-873, Jerome Wade Hennesy appealed his conviction for Trafficking in a Controlled Dangerous Substance (Cocaine Base). In an unpublished decision, the court decided to reverse his conviction and remand the case for a new trial. One judge dissented. In this case, Jerome Wade Hennesy was found guilty of trafficking cocaine by a jury. The jury decided he should serve ten years in prison and pay a fine of $25,000. Hennesy appealed, arguing that the evidence used against him was not strong enough to prove his guilt and that there was unfair evidence related to other crimes. The court agreed with Hennesy on the second point about the unfair evidence, saying it was a serious mistake that affected the trial. The judges mentioned that since the evidence against him was mostly based on circumstances and not very strong, the mistake couldn't be ignored. They decided that Hennesy needed a new trial, so he could have a fair chance to defend himself. The judges noted that the first point about whether the evidence was sufficient to prove his guilt was no longer important because they were giving him a new trial based on the unfair evidence. They expected the state to have stronger evidence if Hennesy was tried again. So, they made the decision to reverse the previous judgment and order a new trial.

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