Evidence Code Archives - OCCA Opinions

M-2017-954

Post author:Staff
Post published:March 7, 2019
Post category:M

In OCCA case No. M-2017-954, Christian Wages appealed his conviction for Domestic Abuse - Assault and Battery. In an unpublished decision, the court decided to modify his conviction to simple Assault and Battery and remanded the case for resentencing. One judge dissented. Christian Wages was found guilty of Domestic Abuse in a trial without a jury. The judge sentenced him to one year in jail, with all but the first thirty days suspended, and a fine of $500. He was also required to attend counseling and was placed on probation. Wages appealed the decision, claiming three main errors in the trial. First, he believed the court wrongly allowed hearsay evidence that violated his right to confront witnesses. This hearsay was about R.S., the alleged victim, who did not testify at the trial. Second, he argued that the evidence wasn't enough to prove he battered R.S. because the witnesses did not clearly identify her. Lastly, he claimed that the errors in the trial added up to deny him a fair trial. The court reviewed the evidence and mentioned that while there was enough proof for a simple Assault and Battery charge, the evidence for the Domestic Abuse charge was based on inadmissible hearsay that stated R.S. lived with Wages. Since there wasn’t sufficient admissible evidence to prove the domestic relationship, Wages' conviction was modified to simple Assault and Battery. As for the last argument regarding cumulative errors, the court pointed out that it only found one significant error, meaning cumulative error could not be applied. In conclusion, the punishment was lessened from Domestic Abuse to simple Assault and Battery, and the court instructed to resentence Wages according to this new finding.

S-2015-672

Post author:Staff
Post published:June 15, 2016
Post category:S

In OCCA Case No. S-2015-672, the appellant appealed his conviction for Attempted First Degree Burglary. In a published decision, the court decided to dismiss the State's appeal and deny the petition for writ of prohibition/mandamus. The dissenting opinion was noted by one member of the court. This case involves Jeremy Scott Niederbuhl, who was charged on December 13, 2013, for trying to break into a home. After attending a barbeque at the homeowner's house, Niederbuhl returned hours later and attempted to enter the home through a door and a window. The homeowner, Mr. Scott, fired shots, hitting Niederbuhl, who then went to the hospital and remained there for two weeks. The legal process began in 2013 when the charges were filed. However, Niederbuhl only found out about the charges in late 2014 when he turned himself in for a different issue. His lawyer argued that there were important text messages between Niederbuhl and the homeowner that could help his case, but the State did not provide this evidence, leading to a significant delay in the trial. On July 17, 2015, the trial court dismissed the case, agreeing that Niederbuhl's rights to a speedy trial and due process were violated due to the State’s lack of action and bad faith. The court believed the State did not follow its obligation to turn over evidence, which was a significant factor in its decision to dismiss the case. The State disagreed with the trial court's dismissal and filed a motion to reconsider the ruling. However, the trial court decided it couldn’t consider this motion because the State already filed an appeal. The State then appealed the dismissal, claiming the trial court made errors in its ruling and that the dismissal did not follow legal procedures. However, the court decided that the State’s appeal was not valid since it did not follow specific laws regarding when the State can appeal a dismissal. In addition to the appeal, the State also filed a petition requesting an order based on their belief that the trial court made mistakes in its rulings. However, the appellate court concluded that the State did not meet the requirements to get an extraordinary writ, which is a special type of order. In summary, the appellate court dismissed the State's appeal and told the case to go back to the District Court for further actions. The petition for the extraordinary writ was also denied, indicating that the appellate court found no legal basis for the State’s claims.

F-2011-1062

Post author:Staff
Post published:June 20, 2013
Post category:F

In OCCA case No. F-2011-1062, Scott Allen Phillips appealed his conviction for Lewd Molestation. In an unpublished decision, the court decided to affirm Phillips' conviction and sentence, but remanded the case for consideration of whether Phillips' sentence should be suspended. One judge dissented. Scott Allen Phillips was found guilty by a jury of Lewd Molestation, which is a serious crime involving inappropriate touching of a child. He was sentenced to 25 years in prison, during which he must serve at least 85% before he can be considered for parole. Phillips claimed there were several errors during his trial that should lead to his conviction being overturned. Phillips argued that the prosecutor presented too many instances of inappropriate touching without clearly stating which one he was being accused of for the charge. He also believed there wasn't enough evidence to support the conviction. Additionally, he stated that the judge's decision not to consider a less severe punishment for him was unfair because he exercised his right to a jury trial. Phillips raised multiple issues during the appeal. The court looked at arguments closely and decided that the prosecutor's actions were correct and that they followed the law. They found that there were enough facts for the jury to conclude that Phillips had molested the child. The judges pointed out that the jury's role is to decide who they believe and what evidence to trust. Regarding the sentencing process, the judges noted that the trial judge didn't consider Phillips' request for a lesser sentence. This became important because a judge is expected to think about such requests carefully, regardless of whether the defendant went to trial. This is why the court decided to give the case back to the lower court for a fresh look at Phillips' request for a suspended sentence. Another major point Phillips raised was his concern about how the trial was handled. He asked to speak with jurors after the trial ended, hoping to gather more insight about their decision. However, the court said this was not allowed because jurors cannot discuss their deliberations or decisions after the trial is over. The court also examined the use of videotaped evidence during the trial. Phillips complained that the videos of the alleged victim’s statements should not have been shown again to the jurors while they were discussing. However, the judges felt the decision to show the videos was acceptable and did not harm Phillips' chances at a fair trial. Ultimately, the judges concluded that they would not disturb Phillips' conviction since there was sufficient evidence and no significant errors during the trial that affected the outcome. However, they did want the lower court to look again at Phillips' request for a suspension of his sentence, ensuring he had a fair chance at having that request reviewed properly. In conclusion, the court affirmed the conviction and sentence while allowing the opportunity for reconsideration regarding the potential suspension of the sentence, which shows that even in serious cases, there are processes in place to ensure fair treatment under the law.

S 2005-702

Post author:Staff
Post published:August 23, 2006
Post category:S

In OCCA case No. S 2005-702, Roley appealed his conviction for Child Abuse/Neglect. In a published decision, the court decided to affirm the trial court's ruling. One judge dissented. Michael Ray Roley was charged with child abuse/neglect. This case started in Creek County District Court on November 9, 2004. After some hearings, the judge let Roley go free by granting a motion to quash, which means the charges against him were dismissed before a trial could happen. The State of Oklahoma, which was prosecuting Roley, didn't agree with this decision and decided to appeal it. They brought up three main points they believed were wrong with the judge's ruling. First, they argued that a previous case about a person’s right to confront witnesses didn’t apply to preliminary hearings. They said Roley was claiming a right to confront witnesses too early. Second, the State believed that Roley should not have been allowed to extend this right to preliminary hearings in such a broad way. Finally, they suggested that the court should consider the need to protect the child who was the victim in this case. After thoroughly examining the arguments and evidence, the court agreed with the trial judge’s decision. They highlighted that Oklahoma’s Constitution and laws give a person a right to confront witnesses during preliminary hearings, just like in a full trial. The court also noted that hearsay evidence, or what someone said out of court, could not be used unless the person who made the statement was unavailable. In this case, the children who were supposed to testify did not do so, making what the State presented unacceptable to prove that a crime had happened. The judges deliberated and concluded that the trial judge acted correctly when deciding not to allow the case to proceed based on the evidence presented. Therefore, the court supported the decision of the trial court to grant the motion to quash the charges against Roley, keeping him from being tried. In the end, the court affirmed the lower decision and stated that they would issue a mandate to finalize the ruling. One judge had a different opinion and disagreed, but the majority agreed that the earlier ruling should stand.