Evidence of Other Crimes

F-2017-171

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In OCCA case No. F-2017-171, #William Hunter Magness appealed his conviction for #First Degree Child-Abuse Murder. In an unpublished decision, the court decided #to affirm his conviction and sentence. #One judge dissented. William Hunter Magness was found guilty by a jury for causing the death of his 22-month-old son, T.G. The incident happened on November 11, 2013, when T.G. was returned to Magness after spending the day with a friend. Shortly after T.G. returned, Magness called for help because T.G. was in distress. When emergency responders arrived, T.G. had multiple injuries, including bruises and a serious head injury. Tragically, T.G. died a few days later due to severe brain swelling from a large hematoma. During the trial, it was argued that Magness had intentionally harmed T.G., while the defense pointed to possible accidents that could explain the child’s injuries. Medical experts testified about the nature of T.G.'s injuries, and the key issues were whether the injuries were caused accidentally or intentionally. There were disagreements among the experts about the timing and cause of the injuries. Magness raised several arguments in his appeal. He claimed that the state did not prove all elements of the crime beyond a reasonable doubt, that he was not given the proper tools to defend himself, and that important evidence was wrongly excluded. He also asserted prosecutorial misconduct and ineffective assistance of his attorneys. The court reviewed these claims and found that there was enough evidence for a reasonable juror to decide that Magness was guilty beyond a reasonable doubt. They concluded that the trial court had not denied him essential rights or that any errors made did not significantly affect the outcome of the trial. Ultimately, the court upheld the conviction and sentence, stating that Magness would have to serve a significant portion of his life sentence before being eligible for parole.

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F-2017-710

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In OCCA case No. F-2017-710, Alex Moore appealed his conviction for Murder in the First Degree. In a published decision, the court decided to affirm his conviction. One judge dissented. Alex Moore was accused of killing his cellmate, Todd Bush, in a prison. On the evening of March 6, 2014, while they were locked in their cell, an officer checked on them but did not enter the cell. Later, another officer found Moore with Bush on the floor and called for medical help. Despite efforts from medical staff, Bush was pronounced dead at the hospital. Moore claimed Bush had fallen while drinking, but the investigation revealed signs of a struggle and injuries that suggested he had been attacked. The medical examiner determined that Bush died from strangulation and that the injuries were not consistent with a fall. During the trial, the prosecution introduced evidence of Moore's previous assaults on other inmates as part of their case, arguing that these incidents showed he had a pattern of violent behavior. The defense argued that Bush's death could have been accidental. The trial court allowed photographs of the victim's injuries to be presented as evidence, despite Moore's objection that they were too gruesome. The court ruled that these images were relevant to the evidence and helped to prove how Bush died. Moore also raised concerns about the prosecution's statements during jury selection and whether he had been informed of his right to testify. The court ruled that the prosecutor's comments were within proper bounds and that there was no requirement for a formal acknowledgment of Moore's right to testify. Overall, the appeals court found no legal errors significant enough to reverse the trial court's decision, affirming Moore's conviction for murder.

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F-2018-339

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In OCCA case No. F-2018-339, Gary Julian Gallardo, Jr., appealed his conviction for Trafficking in Illegal Drugs (Methamphetamine) and Conspiracy to Commit Trafficking. In an unpublished decision, the court decided to affirm the judgment and sentence. One member of the court dissented. Gary Gallardo was found guilty of two serious crimes related to drugs. This happened in Jackson County. The jury decided to give him a very long sentence of 40 years in prison for each crime, and these sentences would happen one after the other. When Gallardo appealed, he pointed out a few reasons he believed he should not have been convicted. First, he claimed that the court did not have the right to try him in Jackson County because he believed the crime happened somewhere else. However, the court explained that the issue was actually about where the trial should be held, not whether the court had the power to judge the case. Next, Gallardo said there wasn't enough evidence to prove he was involved in the drug trafficking. The court disagreed after looking at all the evidence and decided that it was enough to show he was part of the crime, even though he was in prison at the time. Gallardo also thought that his trial wasn’t fair because the jury heard about other bad things he had done. The court said this evidence was important to understand his ability to carry out the crime in question. He raised concerns about the way the prosecutors behaved in court, but the court found that their actions did not make the trial unfair or wrong. Gallardo argued that the long sentences he received were too harsh but the court affirmed that his punishments were right given his previous criminal record. Lastly, Gallardo claimed that all the errors during the trial together made it unfair. The court stated that because they didn’t find any actual errors in the trial, there was no unfairness. In summary, the court upheld Gallardo's conviction and sentence, stating there was sufficient evidence, no unfair trial conditions, and that the sentences were appropriate based on his prior convictions.

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F-2017-008

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In OCCA case No. F-2017-08, John Kyle Crandall appealed his conviction for first degree murder, concealing stolen property, and possession of a firearm after a felony conviction. In a published decision, the court decided to affirm the conviction for first degree murder and possession of a firearm but reversed the conviction for concealing stolen property. One judge dissented.

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F-2008-1087

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In OCCA case No. F-2008-1087, Mitchell Dewayne Baker appealed his conviction for First Degree Rape and Domestic Assault and Battery by Strangulation. In an unpublished decision, the court decided to affirm the conviction but vacated the order for restitution, remanding the case to the district court for a proper determination of the victim's loss. One judge dissented. Baker was found guilty by a jury and was sentenced to ten years in prison for each offense, with the sentences ordered to run consecutively. The trial court also required him to pay restitution. Baker raised several issues in his appeal, claiming that the court had made errors during the trial process. One major issue was about the restitution ordered by the trial court, which Baker argued lacked factual support. The court acknowledged that the trial judge has discretion in deciding restitution, but determined that the record did not provide enough information to support the amount that was initially ordered. Therefore, while the conviction stood, the restitution order was removed, and the case was sent back to determine the correct restitution amount. Baker also challenged the prosecution’s use of evidence from his past crimes, saying it was unfairly used to paint him as a bad person. The court ruled that this evidence was allowed to help show that Baker’s explanation of how the victim got hurt was not credible. This was because his past behavior was relevant to his defense. Another point raised by Baker dealt with how the prosecutor questioned witnesses about their feelings during and after the incidents. The court said this questioning was relevant to establish the elements needed to prove the charges against Baker. They found no error in how this evidence was presented as it was crucial to the prosecution's case. Lastly, Baker pointed to some statements made by the prosecutor regarding the burden of proof. The court found that any mistakes were not serious enough to affect the fairness of the trial, as the jury was correctly informed about the burden of proof at several points. Overall, while the court upheld Baker's convictions, they took issue with the restitution ordered and directed that it be reassessed to ensure a fair determination.

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F 2003-1401

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In OCCA case No. F 2003-1401, Toni Lisa Dixon appealed her conviction for Driving while Under the Influence of Alcohol, second offense; resisting an officer; and failure to stop at a stop sign. In an unpublished decision, the court decided to modify her DUI conviction to a first offense and ordered a resentencing on that charge. The conviction for resisting an officer was affirmed, but the fine was reduced to $500. The conviction for failure to stop at a stop sign was also affirmed. One judge dissented.

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