Emotional Impact Archives

F-2017-1307

Post author:Staff
Post published:October 31, 2019
Post category:F

In OCCA case No. F-2017-1307, James Rex Clark appealed his conviction for four counts of Child Abuse by Injury and one count of First Degree Child Abuse Murder. In an unpublished decision, the court decided to affirm the judgment and sentence. One judge dissented. James Rex Clark and his wife were charged after the tragic disappearance of a boy named Colton, who was living with them. They had adopted Colton and his older brother T.J.S. after the boys were removed from their biological parents due to drug and alcohol issues. In 2006, Colton was reported missing, and a massive search took place; however, no trace of him was ever found. T.J.S. later revealed that he had been abused by the Appellants and expressed fears about his brother's fate. After years had passed, T.J.S. reached out to authorities to provide information about the abusive environment he and Colton had experienced while living with their uncle and aunt. As a result of T.J.S.’s testimony and an investigation that followed, both James and his wife were charged with the serious crimes. During the trial, T.J.S. described the harsh treatment he and Colton endured, which included physical abuse and isolation from others. He explained that after Colton had an argument with James, he was taken to a bedroom, and T.J.S. later found him unresponsive on the couch. James tried to argue that he did not receive a fair trial. He claimed that parts of the trial were not properly recorded and that he was not given a fair chance to defend himself. He contended that evidence against him was presented in a way that was not appropriate and that the prosecutor acted unfairly during the trial. However, the court explained that there was no evidence that the issues James raised affected the outcome of the trial. They found that the testimony about Colton’s character and life was important and properly admitted to show that he would not have run away. They also considered that the defense did not provide sufficient reasons for their claims of error. Ultimately, the court upheld the conviction, affirming that the evidence showed James was guilty of the serious charges. T.J.S.'s accounts of the abuse were significant in proving what James and his wife had done. The judges concluded that despite the many claims made by James, they did not find the errors alleged by him to be valid or sufficient to overturn the jury's decision. The court’s ruling confirmed that James would face life imprisonment as recommended by the jury based on the severity of the crimes committed against Colton. This case highlighted serious issues regarding child welfare and the responsibilities of adults toward children in their care.

F-2004-146

Post author:Staff
Post published:June 8, 2006
Post category:F

In OCCA case No. F-2004-146, Luke Sinclair appealed his conviction for Murder in the First Degree. In an unpublished decision, the court decided that his conviction would be upheld, but he would be resentenced. One judge dissented. Luke Sinclair was found guilty of murdering James Robbins by shooting him four times in the chest. The incident happened in the early hours after Sinclair and his friends had been drinking at a bar. Robbins, a retired Army veteran, approached Sinclair and his friends in the parking lot, trying to engage them in conversation. Sinclair and his friends found Robbins to be strange and made dismissive comments. Sinclair even jokingly suggested that Robbins should be shot. Believing they were joking, Sinclair's friends egged him on when he drove after Robbins, blocked his van, and then shot him. After the shooting, Sinclair instructed his friends to keep quiet about the incident. Sinclair admitted on appeal that the evidence against him was strong and that he was guilty. Sinclair raised several issues in his appeal, particularly concerning the sentencing process. He argued that he should have been allowed to present evidence about his character during sentencing and that his lawyer did not provide effective representation. The court found these claims unpersuasive, noting that the evidence of guilt was overwhelming and suggesting that presenting this character evidence could have hurt Sinclair's case more than helped it. One of the significant points in Sinclair’s appeal related to whether the jury was instructed about the state law that required defendants convicted of murder to serve 85% of their sentences before being eligible for parole. Sinclair argued that jurors mistakenly believed a life sentence meant he could be released after a few years. The court agreed with Sinclair regarding the instructions on the 85% rule, so they decided to reverse the sentence and remand the case for resentencing. Additionally, Sinclair complained about the prosecutor's arguments in closing that he was a dangerous man lacking conscience, which were not supported by the evidence. The court found that the prosecutor's statements were problematic and influenced the jury in reaching their sentencing decision. In conclusion, while Sinclair's conviction remained intact, the court ruled that he should be resentenced due to the errors in the jury instructions and the inappropriate comments made during his trial.

F-2002-1437

Post author:Staff
Post published:April 23, 2004
Post category:F

In OCCA case No. F-2002-1437, Alonzo Gabriel Davison appealed his conviction for Lewd Molestation and Sexually Abusing a Minor Child. In an unpublished decision, the court decided to affirm his convictions but modify his sentences. One judge dissented. Davison was found guilty of two serious crimes related to child abuse and was sentenced to a total of 125 years in prison. However, the court agreed that some mistakes were made during the trial that affected how the case was handled. The main issues in the appeal included the fairness of the jury selection process, the admission of a videotape of a child’s testimony, and how the judge handled questions from the jury about sentencing. Davison argued that two jurors should not have been allowed to serve because they were biased and had strong feelings about child abuse, which could have impacted their decision. The court discussed how judges have discretion in deciding if a juror can be fair, but in this case, they felt that there were too many doubts about the impartiality of those jurors. Even though Davison's team challenged these jurors, they still ended up on the jury. However, because the defense did not follow all proper procedures to ensure their objections were raised correctly, the court ruled that Davison could not claim this issue harmed him in the end. Next, Davison argued that a videotape showing an interview with one of the child victims should not have been used in court. The court eventually agreed this was a mistake, but they decided it was a harmless error regarding his guilt—that is, it did not affect the jury's decision about whether he was guilty. However, the impact of such evidence on sentencing was considered more serious, leading the court to reduce each of his sentences to 45 years, which would run at the same time instead of one after the other. Regarding the jury's questions about parole and sentencing rules, the court concluded the trial judge was correct not to answer these questions, indicating that it was within the judge's discretion. Overall, while the court found some mistakes were made in how the trial was conducted, they decided that Davison's convictions were still valid, but he would serve a lighter sentence.

F-2002-855

Post author:Staff
Post published:August 14, 2003
Post category:F

In OCCA case No. F-2002-855, Brandon Grimland appealed his conviction for First Degree Manslaughter. In an unpublished decision, the court decided to affirm the conviction but modified the sentence from one hundred years to twenty-five years imprisonment. One judge dissented, believing the case should be sent back for re-sentencing. Grimland was found guilty of causing the death of another person through a beating that led to severe injuries. The trial jury recommended a very long sentence of one hundred years, but there were concerns about how the prosecutor talked about parole, which might have influenced the jury's decision. The court agreed that the way the prosecutor approached the topic was not right and decided to reduce the sentence to a more reasonable twenty-five years. While the conviction stood, the judges thought it was important to correct the sentence based on how the trial was conducted.

F-1999-1422

Post author:Staff
Post published:October 11, 2001
Post category:F

In OCCA case No. F-99-1422, Crider appealed his conviction for Murder in the First Degree. In an unpublished decision, the court decided to reverse and remand the case for a new trial. One judge dissented. Crider was found guilty of killing his 12-year-old stepdaughter, Crystal Dittmeyer, after she went missing in 1996. In trial, the evidence against him included blood found in their home and in his car, as well as a patterned injury on Crider's arm that was argued to be a bite mark from Crystal. The prosecution claimed Crider transported her body in a garment bag and disposed of it. Crider raised several issues in his appeal, including concerns about the reliability of expert testimony that suggested the bite mark on his arm could have come from Crystal. The court found that the expert methods used were not scientifically reliable and did not help the jury understand the evidence. This issue alone warranted a reversal of the conviction. Additionally, the court identified errors in admitting evidence related to luminol tests, which suggested the presence of blood in Crider's car but later tests were inconclusive. The admission of testimony related to a rural area where Crystal's body was not found was also seen as prejudicial and misleading. Overall, the court determined that the combination of these errors negatively impacted Crider's right to a fair trial. The ruling emphasized the need for reliable and helpful expert evidence in criminal trials, especially in cases involving serious allegations like murder. The court called for a new trial to ensure Crider received a fair hearing.