Evidentiary Hearing

F-2020-46

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In OCCA case No. F-2020-46, Robert William Perry, II appealed his conviction for five counts of sexual abuse of a child under 12. In an unpublished decision, the court decided to reverse and remand the case to the lower court with instructions to dismiss. One judge dissented. Perry was originally found guilty and sentenced to lengthy prison terms, including life imprisonment. He claimed that the State of Oklahoma did not have jurisdiction to prosecute him for these crimes. This claim was supported by federal law and a recent Supreme Court decision. The court agreed to hold a hearing to look into Perry's status as an Indian and whether the crimes took place within the boundaries of the Muscogee (Creek) Nation, which is a federally recognized tribe. During the hearing, both parties agreed on certain facts: Perry was a registered member of the Muscogee (Creek) Nation and had tribal blood, and the crimes occurred within that Nation's historical boundaries. The lower court found that Perry is considered an Indian under the law and confirmed that the crimes happened on the reservation. Following this, the appeals court determined that the state court did not have the authority to prosecute Perry based on the legal principles established in the recent Supreme Court case. Therefore, the appeal led to the decision to reverse Perry's conviction and dismiss the case.

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F-2017-889

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In OCCA case No. F-2017-889, Joseph Stanley Harjo appealed his conviction for Child Sexual Abuse. In a published decision, the court decided to reverse the conviction and remand the case to the District Court of Muskogee County with instructions to dismiss. One judge dissented. Harjo was convicted in a trial where the jury sentenced him to life imprisonment. He argued that the court did not have the right to try him because he is a member of the Creek Nation, and the crime occurred within the Creek Reservation. This raised important questions about whether he is legally recognized as an Indian and if the crime took place on tribal land. The case was sent back to the District Court for a fact-finding hearing, where it was determined that Harjo is 1/4 Indian blood, a member of the Muscogee (Creek) Nation, and that the crime took place within the jurisdiction of the tribe. Both parties agreed on these facts, leading the District Court to conclude that the state did not have the authority to prosecute Harjo. After careful review of the case and the findings from the evidentiary hearing, the court determined that Harjo was indeed an Indian under federal law, and the crime occurred in Indian Country. Therefore, the state had no jurisdiction over the case. The court reversed the judgment and sent the case back to be dismissed.

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C-2019-853

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In OCCA case No. C-2019-853, the petitioner appealed his conviction for first degree murder and larceny. In a published decision, the court decided to vacate the judgment and sentence and remand the case with instructions to dismiss. One judge dissented. The case involved a woman who entered a guilty plea for two crimes: first degree murder and larceny of merchandise. She was sentenced to life in prison for the murder and thirty days for the larceny, with both sentences running at the same time. Later, she wanted to change her guilty plea and filed a motion to withdraw it. During the appeal, one major issue raised was whether the State of Oklahoma had the right to prosecute her. The woman argued that the state didn’t have jurisdiction because of her status as a member of a federally recognized tribe and the nature of the crime being committed within the reservation boundaries. The court looked at a recent Supreme Court decision, McGirt v. Oklahoma, where it was determined that certain lands in Oklahoma are still recognized as Native American reservations. The court agreed with the petitioner about the jurisdiction issue. Both the petitioner and the state agreed on certain facts regarding her tribal membership and the location of the crime. Since the court found that the state did not have the right to prosecute the petitioner, it decided to vacate the earlier judgment and sentence. The decision meant that the petitioner would not face charges in state court but rather would need to be prosecuted in federal court because of her tribal affiliation and the location of the crime committed. This ruling highlighted the importance of understanding jurisdiction, especially when it involves Native American rights and lands.

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C-2019-263

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In OCCA case No. C-2019-263, Floyd Joseph Ball, Jr. appealed his conviction for Rape in the First Degree and Kidnapping. In an unpublished decision, the court decided that the State of Oklahoma did not have the right to prosecute Ball because he is considered an Indian under federal law, and the crimes occurred in Indian Country. The judgment and sentence were reversed, and the case was remanded to the District Court with orders to dismiss it. One judge dissented from this decision.

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C-2017-1027

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In OCCA case No. C-2017-1027, Matthew Steven Janson appealed his conviction for aggravated possession and distribution of child pornography. In an unpublished decision, the court decided to reverse the conviction and dismiss the case. One judge dissented. Matthew Steven Janson was charged with two serious offenses related to child pornography in Tulsa County. He entered a plea on February 27, 2017, and was sentenced to ten years in prison with some of his time suspended. Later, Janson filed to withdraw his plea, but the judge denied his request. Janson argued that the court did not have the right to accept his plea because he is a citizen of the Cherokee Nation and the crimes were said to have occurred on the Creek Reservation. This question about jurisdiction went back to the District Court to gather more facts about his Indian status and the crime's location. After looking at the needed evidence, the District Court found that Janson has Cherokee blood and is recognized as an Indian. It also agreed that the crimes took place on land considered to be Indian Country. With these facts, the court concluded that the State of Oklahoma did not have the right to prosecute him. In the end, the court granted Janson's request and reversed his conviction, stating that the case should be dismissed.

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F-2019-420

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In OCCA case No. F-2019-420, Donta Keith Davis appealed his conviction for robbery with a dangerous weapon and assault with a dangerous weapon. In a published decision, the court decided to vacate Davis's judgment and sentence, meaning he would no longer be convicted of the crimes he was charged with. The court also instructed for the case to be dismissed. One judge dissented from the majority opinion.

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F-2018-78

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In OCCA case No. F-2018-78, Jordan Batice Mitchell appealed his conviction for First Degree Murder. In an unpublished decision, the court decided that the State of Oklahoma did not have jurisdiction to prosecute him. This means that the court could not judge this case because it involved issues concerning his status as an Indian and the location of the crime being within the Muscogee Creek Reservation. The finding was based on a previous case, McGirt v. Oklahoma, which affected how certain crimes involving Native Americans are prosecuted. Consequently, the court vacated Mitchell's sentence and remanded the case with instructions to dismiss it. There was a dissenting opinion regarding the decision, as one judge expressed concerns about the implications of the ruling.

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F-2017-1186

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In OCCA case No. F-2017-1186, Shannon James Kepler appealed his conviction for First Degree Manslaughter. In a published decision, the court decided that the State of Oklahoma did not have jurisdiction to prosecute Kepler. The court found that he is an Indian and that the crime happened within the boundaries of the Muscogee Creek Nation Reservation. Therefore, the court granted his appeal and vacated the conviction. One judge dissented.

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F-2016-453

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In OCCA case No. F-2016-453, Grant N. Jackson, IV appealed his conviction for Child Abuse by Injury. In an unpublished decision, the court decided that the State of Oklahoma did not have jurisdiction to prosecute Jackson due to the circumstances of the case. Jackson's conviction was found to be invalid, and the court instructed to dismiss the case. One judge dissented.

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C-2018-640

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In OCCA case No. C-2018-640, Jimmie Dewayne Starr appealed his conviction for multiple crimes. In an unpublished decision, the court decided to vacate his convictions and remand the case for dismissal. One judge dissented. Starr had entered a guilty plea for crimes in three different cases, including endangering others while trying to escape from police, failure to wear a seatbelt, possession of a controlled substance, resisting an officer, and bail jumping. He received several sentences that were ordered to be served concurrently, meaning he would serve them at the same time, rather than one after the other. After his sentencing, Starr wanted to withdraw his guilty plea, so he asked the court to allow it. The court held a hearing on Starr's request but ultimately denied it. This led to Starr appealing the decision, raising several issues including whether the court had the right to sentence him, whether he had good legal help, whether improper evidence led to an unfair sentence, and whether the state had jurisdiction in his case. The court looked closely at one of Starr's arguments about jurisdiction. He claimed that the State of Oklahoma didn't have the right to prosecute him based on a previous Supreme Court decision known as McGirt v. Oklahoma. This case said that certain crimes committed by Native Americans on tribal land must be handled in federal court, not state court. To investigate his claims, the court sent the case back to the lower district court to gather facts, specifically focusing on Starr's status as an Indian and whether the crime happened within the boundaries of the Muscogee Creek Reservation. Both sides agreed on several important facts about Starr's Indian blood, his membership in the Creek Nation, and that the crime occurred on Creek land. The district court accepted these facts and concluded that under federal law, Starr was indeed considered an Indian, and the crime took place on the reservation. Because of the ruling in the McGirt case, the appellate court decided that the state court did not have the authority to prosecute Starr. As a result, the appellate court vacated all of Starr's convictions, which means they were canceled, and they instructed the lower court to dismiss the case. This decision emphasized that Starr should be prosecuted in federal court instead of state court.

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C-2017-998

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In OCCA case No. C-2017-998, Arnold Dean Howell appealed his conviction for First Degree Murder and First Degree Robbery. In an unpublished decision, the court decided to vacate Howell's convictions and remanded the case with instructions to dismiss it. One judge dissented. Howell had pleaded guilty to the charges in the District Court of Creek County and was sentenced to life imprisonment without the possibility of parole for the murder conviction and twenty-five years for the robbery conviction, with both sentences served one after the other. After the guilty plea, Howell filed a motion to withdraw it, which the district court denied. Howell then raised several issues in his appeal, questioning the state's authority to prosecute him, his competency to plead guilty, if his plea was made knowingly and voluntarily, whether he received good legal help, and if his sentence was too harsh. The important part of the appeal was Howell's claim regarding jurisdiction. He argued that the state did not have the right to prosecute him because he is considered an Indian under federal laws and the crimes happened within the Muscogee Creek Nation Reservation. This argument was based on a specific legal case called McGirt v. Oklahoma, which changed how certain cases with Indian individuals should be treated. In response to Howell's appeal, the court ordered a review of his case to determine if he was an Indian and if the crimes occurred on the reservation. During this review, both sides agreed on a few facts: Howell has Indian blood, is a registered citizen of the Muscogee Creek Nation, and the crimes did occur within the reservation. The district court accepted these facts. Following this information, the court concluded that Howell is legally an Indian and that the state did not have authority over the case. As a result, the court decided Howell's conviction could not stand, and they vacated the lower court's judgment and ordered the case to be dismissed. In conclusion, Howell's legal challenges about how his case was handled were significant enough to require a reversal of his convictions based on the jurisdictional issues brought up by the McGirt decision. This decision demonstrates how important it is to understand the laws regarding tribal lands and individual rights within the legal system.

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F-2018-336

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In OCCA case No. F-2018-336, Donnie Graham appealed his conviction for first degree rape. In an unpublished decision, the court decided to modify his sentence to include three years of post-imprisonment community supervision but otherwise affirmed the conviction. One judge dissented. The case began when Donnie Graham was found guilty of first degree rape after a jury trial. He was sentenced to fifteen years in prison and a fine. The case was heard in the District Court of Comanche County. Graham's main argument was about his right to have effective legal help during his trial. He claimed that his lawyer did not investigate earlier rape claims made by the victim and did not present evidence that could have proved those claims were false. He insisted that because of his lawyer's mistakes, he did not get a fair trial. The court looked closely at this claim. They first checked if Graham’s lawyer did not do their job properly according to professional standards. They needed to see if the lawyer's performance was bad enough to have affected the trial's outcome. After reviewing everything, the court decided that Graham did not show enough proof that his lawyer was ineffective. They denied Graham's request for a hearing to further examine his claims. Overall, the court changed his sentence to include three years of supervision after his prison time but upheld the decision regarding his guilt.

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RE-2019-19

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In OCCA case No. RE-2019-19, Daniel Lee Hart appealed his conviction for revocation of a suspended sentence. In an unpublished decision, the court decided that revoking his suspended sentence without him being present was a violation of his right to due process, and therefore, the revocation was reversed. One judge dissented. Daniel Lee Hart originally pleaded guilty in 2009 to trying to manufacture a controlled substance. He was given a 20-year sentence, with 12 years of that being suspended, meaning he didn't have to serve that part of the time as long as he followed certain rules. One of those rules was that he had to stay clean from drugs and check in regularly with his probation officer. In 2017, the state said that Hart had broken the rules. They said he had used drugs, didn’t show up for meetings with his probation officer in both Oklahoma and Kansas, didn’t register as a drug offender in Kansas, didn’t pay fees for his probation, and hadn’t completed his GED as he was supposed to. Hart later agreed to these claims but was able to be released for drug treatment for a few months before being sentenced. When the time came for his sentencing, Hart did not show up. Because he was absent, the court revoked the suspended part of his sentence completely. This meant he would have to serve the full 20 years instead of just the 8 years that he had left to serve. Hart appealed this decision, saying it was unfair for the court to make such a serious decision without him being there. The court looked at whether Hart's absence affected his right to defend himself. They said that everyone has the right to be present when decisions are made about their punishment. The court noted that Hart had not willingly chosen to skip the sentencing and that his absence could have greatly impacted the outcome. Because of these reasons, the court said Hart deserved a new hearing where he could be present to possibly explain why he wasn’t there and defend himself more fully. The final decision was to send the case back for another hearing. They wanted to make sure Hart had a fair chance to be present when the consequences of his actions were discussed again. In summary, because Hart was missing during a very important hearing, the court agreed that this was a mistake. They reversed the earlier decision and ordered a new hearing where he could be present.

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F-2018-1263

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In OCCA case No. F-2018-1263, Leatherwood appealed his conviction for Murder in the First Degree, Possession with Intent to Distribute a Controlled Dangerous Substance, Possession of a Firearm During Commission of a Felony, Maintaining a Place for Keeping/Selling Controlled Substances, and Unlawful Possession of Drug Paraphernalia. In an unpublished decision, the court decided to affirm his convictions. One judge dissented. Travis Michael Leatherwood fatally shot Aaron Smith on Halloween night in 2017. They were once friends and worked together selling marijuana, but their friendship soured when Smith stole marijuana from Leatherwood. On the night of the shooting, Smith, upset by an exchange of insults with Leatherwood, went to confront him, unarmed. Leatherwood shot Smith with a rifle before he could say a word. Smith later died from the gunshot wound. After the shooting, police found a lot of evidence connecting Leatherwood to marijuana distribution at his home, including a rifle that he had used to shoot Smith and other drug-related items. Leatherwood argued in court that he acted in self-defense, but the jury did not agree. They concluded that he was the aggressor, especially since he called Smith a coward and provoked him. The jury found him guilty of first-degree murder, along with several drug-related charges. Leatherwood raised multiple issues on appeal, including claims that the state did not prove he acted outside of self-defense, that the court gave confusing jury instructions, allowed improper amendments to the charges, and that he had ineffective assistance of counsel. However, the court disagreed with all of his claims. In terms of self-defense, the court ruled that Leatherwood’s actions and words indicated he was not acting in self-defense but rather was the one who provoked the situation. He had armed himself before Smith arrived and shot him before any confrontation occurred. The court also discussed the jury instructions, concluding that the district court did not err by omitting instructions on a lesser charge of heat of passion manslaughter since there was no evidence to support that Smith's actions would provoke such a response from Leatherwood. As for the amendment of charges, the court determined that Leatherwood was sufficiently informed of the charges he faced and that he could defend against them adequately. The evidence showed that he had both the firearm and the controlled substances as part of his operations, fulfilling the requirements for his convictions. Leatherwood's claim that his lawyer was ineffective was also denied because the court found that the lawyer's strategies were reasonable given the overwhelming evidence against Leatherwood. The lawyer focused his arguments on the more serious murder charge rather than the drug offenses, which the jury could have easily decided against Leatherwood irrespective of those counts. Finally, the court ruled that Leatherwood's sentence was not excessive given the nature of the crime and his actions. The judge pointed out that the jury was aware of his age (20 at the time of the crime) and other circumstances, which did not make the sentence shockingly excessive. Ultimately, the court affirmed Leatherwood's convictions and ordered a separate hearing regarding the restitution amount, which needed to be calculated more accurately.

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J-2019-620

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This document is a court opinion from the Oklahoma Court of Criminal Appeals regarding the case of C.G., who was charged with First Degree Murder, First Degree Burglary, and Conspiracy to Commit Second Degree Burglary. The case revolves around the denial of C.G.'s motion to be certified as a juvenile or youthful offender, which would have allowed for a different legal treatment due to his age at the time of the offense (14 years old). Here is a summary of the key points: 1. **Background of the Case**: - C.G. was charged as an adult for serious crimes, and he filed a motion for certification as a juvenile or youthful offender. - The preliminary hearing and certification hearing took place, with conclusions drawn about C.G.'s amenability to treatment and public safety considerations. 2. **Court's Decision**: - The trial court denied C.G.'s request for certification, stating that the public could not be adequately protected if C.G. was treated as a youthful offender. - C.G. appealed this decision, raising several claims including abuse of discretion, evidentiary errors related to interrogation, and ineffective assistance of counsel. 3. **Ruling by the Court of Criminal Appeals**: - The appellate court affirmed the trial court's decision, agreeing that there was no abuse of discretion. - It also found that certain evidentiary claims were not properly presented for appeal. 4. **Dissenting Opinions**: - Two judges dissented, arguing that the evidence did not support the trial court's conclusion about public safety. - They contended that C.G. was amenable to treatment and that the trial court could still have ensured public protection through existing safeguards while classifying him as a youthful offender. - The dissenters also criticized the majority's handling of evidentiary issues, arguing that the ability to challenge the decision not to certify C.G. should include a review of the evidence that influenced that decision. 5. **Final Notes**: - The decision underscores the complexities involving juveniles charged with serious crimes and the judicial considerations balancing public safety and the potential for rehabilitation. - It emphasizes the potential limitations in appealing certain evidentiary matters in the context of certification hearings for juvenile offenders. Overall, the court affirmed the trial court's decision, while dissenting opinions highlighted concerns regarding the treatment of juvenile defendants.

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F-2018-888

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This document is a summary opinion from the Court of Criminal Appeals of Oklahoma regarding the appeal of Justin William Dunlap, who was convicted of First Degree Rape by Instrumentation of a Victim under the Age of Fourteen and sentenced to ten years in prison. Dunlap raised multiple propositions of error in his appeal, including claims of insufficient waiver of a jury trial, challenges to the credibility of the victim's testimony, allegations of prosecutorial misconduct, excessive sentencing, and inadequate defense representation, among others. The court considered each proposition in detail: 1. **Waiver of Jury Trial**: The court found that Dunlap's waiver was knowing and voluntary, supported by a written waiver signed by all necessary parties. 2. **Sufficiency of Evidence**: The court analyzed the testimony of the victim (D.H.) and found it sufficient to support the conviction, affirming that the evidence met the necessary legal standard. 3. **Prosecutorial Misconduct**: The court concluded there was no misconduct that affected the trial's fairness, finding that the prosecutor's comments did not misstate the evidence or improperly comment on Dunlap's failure to testify. 4. **Excessive Sentencing**: The court determined that the sentence was within statutory guidelines and did not shock the conscience given the serious nature of the crime. 5. **Right to Present a Defense**: The court upheld the trial court's decision to exclude certain evidence, finding no abuse of discretion in limiting what could be presented as a defense. 6. **Speedy Trial**: The court found no violation of Dunlap's right to a speedy trial, noting delays were justified and not solely attributable to the prosecution. 7. **Competency Evaluation**: The court ruled that since Dunlap did not request an evaluation and provided no evidence to support his claims, this argument was unmeritorious. 8. **Conflict of Interest**: The argument regarding conflicting interests between attorneys was found to lack merit as Dunlap did not demonstrate how this negatively impacted his defense. 9. **Ineffective Assistance of Counsel**: The court scrutinized claims of ineffective assistance, applying the Strickland standard, and found that Dunlap did not demonstrate that any alleged deficiencies affected the trial's outcome. 10. **Cumulative Error**: The court dismissed this claim as there were no individual errors that would warrant a new trial. The court affirmed the judgment and sentence, upholding the findings of the lower court and denying Dunlap's requested evidentiary hearing related to ineffective assistance of counsel. Additionally, a concurring opinion emphasized the handling of extra-record materials submitted by Dunlap, noting the importance of adhering to established procedural rules and advocating for more careful consideration of supplementary materials going forward. In summary, the appeal was denied, and the conviction stands as affirmed by the Court of Criminal Appeals of Oklahoma.

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C-2018-1167

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This document is a summary opinion from the Court of Criminal Appeals of the State of Oklahoma regarding the case of Ronald Fitzgerald Williams. Williams entered a negotiated guilty plea to multiple counts related to drug offenses and other violations. After sentencing, he filed a motion to withdraw his guilty plea, which the trial court denied. The Court of Criminal Appeals granted a writ of certiorari (a type of court order) and remanded the case for a new hearing on Williams' motion to withdraw his plea. The court found significant errors: 1. Williams was allegedly misadvised about his appellate rights, affecting the voluntariness of his plea. 2. The evidentiary hearing on the motion to withdraw the plea was held in his absence without a valid waiver of his right to be present. 3. Williams asserted he was denied effective assistance of counsel. The court emphasized that due process requires a defendant's attendance at a hearing concerning the withdrawal of a plea unless there’s evidence of a waiver, which was not present in this case. The court reversed the trial court’s denial of the motion to withdraw the plea and ordered a new hearing to ensure due process is upheld. The document concludes with information about the attorneys involved in the case and instructions for further proceedings. For additional details or specific legal arguments, you can download the full opinion using the link provided.

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F-2018-1190

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This document is a summary opinion from the Oklahoma Court of Criminal Appeals regarding the case of Walter Lee Roundtree, who was convicted of violations related to the Sex Offender Registration Act. The court found against him on several propositions of error, including claims of insufficient evidence, double jeopardy, improper sentencing enhancements, and ineffective assistance of counsel. **Key Points from the Opinion:** - Roundtree was convicted of two counts: Violation of the Sex Offender Registration Act and Failure to Comply with the Act, with the jury recommending sentences of four and five years, respectively, to be served consecutively. - The court addressed several legal propositions raised by Roundtree, concluding that the evidence supported the convictions, and there was no violation of double jeopardy laws. - Roundtree's assertion of ineffective assistance of counsel was also denied, as the court found that he did not demonstrate sufficient prejudice from his attorney's performance. - The court ultimately affirmed the judgment and sentences while denying a request to supplement the appeal record due to a lack of evidentiary support. **Judicial Opinions:** - Judge Lumpkin authored the opinion affirming the judgments. - Judge Lewis concurred in part but dissented on the affirmation of Count 1, arguing that Roundtree's single act of moving should not subject him to multiple punishments under the law. The court's ruling underscores the importance of establishing clear legal standards for crimes and how multiple offenses are treated under similar circumstances.

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F-2017-1001

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In OCCA case No. F-2017-1001, Jacob Darrell Tyre appealed his conviction for child abuse and child neglect. In an unpublished decision, the court decided to affirm his convictions and sentences. One judge dissented. Jacob Darrell Tyre was found guilty by a jury in Tulsa County for child abuse and child neglect. He received a sentence of eight years in prison for child abuse and twelve years for child neglect, with both sentences served back-to-back. He was also fined but the fines were later suspended. Tyre argued three main errors in his appeal. First, he claimed his lawyer had not effectively represented him because the lawyer admitted Tyre was guilty of child abuse without discussing it with him first. The court looked into this issue and found that the lawyer had actually talked to Tyre about this strategy beforehand, and Tyre approved it, even if he was not happy about it. Second, Tyre believed that the actions of the prosecutor made his trial unfair. However, the court found that there were no clear mistakes that affected the fairness of the trial. Third, Tyre challenged the testimony of a doctor who suggested that a child was abused. Since Tyre did not object to this during the trial, the court reviewed it for serious mistakes but found that the doctor's testimony was allowed. In the end, the court upheld Tyre's convictions and sentences, ordering that the decision be effective immediately.

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F-2018-1083

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The document is a summary opinion from the Court of Criminal Appeals of Oklahoma regarding the case of Bryan Lee Guy, who was appealing his conviction for robbery with a dangerous weapon. Below is a concise breakdown of the case and its outcome: ### Case Overview: - **Appellant**: Bryan Lee Guy - **Appellee**: The State of Oklahoma - **Court**: Court of Criminal Appeals of Oklahoma - **Original Jurisdiction**: District Court of Tulsa County - **Case Number**: F-2018-1083 - **Trial Judge**: Honorable Dawn Moody - **Sentence**: Thirty-seven years imprisonment (with a requirement to serve 85% before parole eligibility) ### Issues on Appeal: 1. **Instruction on Inconsistent Statements**: Guy argued that the jury was not properly instructed regarding the use of a victim's prior inconsistent statements. The court concluded this omission was not plain error and did not affect the trial's outcome. 2. **Conflicting Instructions**: Guy contended that jury instructions about the return of the verdict and lesser offenses were conflicting. The court found no plain error in these instructions, stating they did not misdirect the jury. 3. **Post-Imprisonment Supervision Instruction**: Guy challenged the inclusion of an instruction on mandatory post-imprisonment supervision, which the court acknowledged was given in error but did not constitute plain error affecting his rights. 4. **Ineffective Assistance of Counsel**: Guy claimed his attorney was ineffective on several grounds, including not reasserting a pretrial motion to dismiss and failing to take judicial notice of prior convictions. The court found no merit in these claims, concluding Guy could not show that these alleged deficiencies affected the trial outcome. ### Court's Decision: - The court affirmed the judgment and sentence of the district court. - Guy's request for an evidentiary hearing to further support his claim of ineffective assistance was denied. ### Conclusion: The appeal did not result in a reversal of the conviction or sentence, as the court found that the issues raised were either without merit or did not rise to the level of plain error that would impact the fairness of the trial.

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F-2018-801

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In the case of **Jeremy Tyson Irvin v. The State of Oklahoma**, the Oklahoma Court of Criminal Appeals reviewed the appeal of Irvin, who was convicted of First Degree Murder and sentenced to life in prison. The court considered several claims raised by Irvin, including ineffective assistance of counsel, denial of the right to present a complete defense, admission of prejudicial evidence, failure to instruct on flight evidence, and cumulative errors. ### Key Propositions and Findings: 1. **Ineffective Assistance of Counsel**: - Irvin asserted that his trial counsel was ineffective for multiple reasons, including failure to use evidence related to his traumatic brain injury and lack of investigation into the circumstances surrounding his police statement. - The court noted that there is a high presumption of reasonable performance by counsel under the Strickland standard. Irvin failed to demonstrate any deficient performance that prejudiced the outcome of his trial. - His application for an evidentiary hearing to support his claims of ineffective assistance was denied, as he did not provide clear and convincing evidence of ineffective representation. 2. **Right to Present a Complete Defense**: - The trial court limited certain character evidence related to the victim’s violent history. However, the court allowed substantial testimony regarding the victim's prior bad acts. - As the defense sufficiently conveyed the context of Irvin's fear of the victim, the court found no error in limiting additional evidence. 3. **Admission of Evidence Regarding Standoff**: - The court upheld the admission of evidence concerning a thirteen-hour standoff that Irvin had with police, finding it relevant to his consciousness of guilt. The probative value was not substantially outweighed by any potential prejudicial effect, particularly since no objection was raised by the defense. 4. **Failure to Instruct on Flight**: - The absence of a flight instruction was reviewed for plain error but deemed not to have adversely affected Irvin’s substantial rights. The court found that the evidence of guilt existed independently of the standoff details. 5. **Cumulative Error**: - Irvin claimed that the accumulated errors denied him a fair trial. However, since the court found no individual errors warranting relief, this argument was also denied. ### Conclusion: The Court of Criminal Appeals affirmed Irvin's conviction and sentence, concluding that he was not denied effective assistance of counsel nor was any prejudicial error made during the trial process. The application for an evidentiary hearing related to ineffective assistance claims was also denied. The judgment emphasizes the court's adherence to the standards of due process and the evaluation of evidence within the legal framework guiding criminal proceedings in Oklahoma.

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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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C-2013-254

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In OCCA case No. C-2013-254, Gina Diane Eslick appealed her conviction for multiple drug-related charges. In an unpublished decision, the court decided to grant her petition for certiorari, meaning they agreed to look at her case closely. The court found that she did not have effective help from her lawyer when she tried to change her guilty plea, as her lawyer had a conflict of interest. The court ordered that her case be sent back to the District Court so she could have a new hearing with a lawyer who did not have a conflict. No one dissented in this decision.

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F-2018-626

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In the case of Carl Douglas Crick, Jr. v. The State of Oklahoma, the Court of Criminal Appeals of Oklahoma reviewed Crick's appeal following a jury trial that found him guilty of multiple counts of sexual offenses, including first degree rape and lewd acts with a child. Crick received life sentences for certain counts, while others received lesser prison terms. The trial court ordered some sentences to run concurrently and others consecutively. Crick's main contention on appeal was that he received ineffective assistance of counsel, specifically citing his attorney's failure to present certain witnesses and to object to improper testimony from a prosecution witness that allegedly vouched for the credibility of the victim. The court applied the standard set forth in Strickland v. Washington, which requires the appellant to show that his counsel’s performance was deficient and that this deficiency prejudiced the outcome of the trial. The court determined that the evidence presented by Crick did not clearly demonstrate a strong possibility that counsel’s performance fell below constitutional standards. As such, Crick's request for an evidentiary hearing to further explore these claims was denied. The court also assessed the claim concerning the prosecution witness's testimony. It concluded that the alleged vouching was not comparable to previous cases that warranted reversal, thus affirming that counsel's choice not to object did not amount to deficiency. Ultimately, the Court of Criminal Appeals affirmed the judgment and sentence of the trial court, indicating that Crick had not established a violation of his right to effective counsel. The decision was issued with a note for the mandate to be ordered upon delivery and filing of the decision.

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F-2018-12

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In OCCA case No. F-2018-12, the appellant appealed his conviction for first-degree rape by instrumentation and misdemeanor assault and battery. In a published decision, the court decided to affirm his conviction and sentence of life imprisonment for the rape conviction. One judge dissented. The case involved Daniel Bryan Kelley, who was initially sentenced to twenty years for rape following a jury trial. He appealed that decision, and the Court agreed that there had been a mistake involving the use of a past out-of-state conviction for sentence enhancement. They sent the case back for a new sentencing trial. The second trial resulted in a life sentence. Kelley argued that he had ineffective assistance from his appellate lawyer because he was not informed about the risks of a longer sentence should he win the appeal. However, the court found no clear evidence that he would have chosen to do anything differently had he been fully informed beforehand. Kelley also wanted the court to limit his new sentence to twenty years, but the court explained that upon retrial or resentencing, the complete range of punishment is available. Therefore, they refused his request to cap the current sentence. Finally, Kelley claimed that the life sentence was excessive. The court considered the nature of his crime and his history, stating that the sentence was within the legal limit and justified based on the circumstances of the case. As a result, the court concluded that his life sentence did not shock the conscience and upheld the previous decisions regarding his case.

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