Evidentiary Ruling Archives

F-2018-1082

Post author:Staff
Post published:January 16, 2020
Post category:F

**Court of Criminal Appeals of Oklahoma** **Antonio Deondre Smith, Appellant, v. The State of Oklahoma, Appellee.** **Case No. F-2018-1082** **Summary Opinion** **Judges:** Kuehn, Vice Presiding Judge; Lewis, P.J.; Lumpkin, J.; Hudson, J.; Rowland, J. **Date Filed:** January 16, 2020 **Opinion Information:** - Appellant was convicted of Accessory to Murder, After Conviction of Two or More Felonies, related to the killing of his former step-father. - Sentenced to life imprisonment by Judge Kelly Greenough. **Propositions of Error:** 1. The trial court erred in admitting evidence of assault rifles and ammunition, impacting Appellant's right to a fair trial. 2. The sentence of life for Accessory to Murder is excessive. **Decision:** - The Court affirms the District Court’s judgment and sentence. **Details:** - Appellant was charged with First Degree Murder but was convicted of Accessory to Murder. - Evidence indicated that he was present at the murder and helped dispose of the weapon. He testified that another person was the actual killer. - The Court reviewed the admission of firearms evidence for abuse of discretion and found the introduction of the assault rifles irrelevant. - While acknowledged as an abuse, it was deemed harmless error given the trial court's jury instructions and Appellant's admissions during testimony. **On Sentencing:** - The circumstantial evidence and Appellant's criminal history made the life sentence appropriate, and it was not considered shocking. **Final Judgment:** - The District Court’s decision is upheld. - The mandate is to be issued upon filing this decision. **Dissenting Opinion:** - Judge Hudson concurs with the results but disagrees with the major opinion regarding the admissibility of firearms evidence, asserting it was relevant and that the trial court did not abuse its discretion. **Download PDF:** [Click Here To Download PDF](https://opinions.wirthlawoffice.com/wp-content/uploads/F-2018-1082_1734857545.pdf)

F-2000-948

Post author:Staff
Post published:January 14, 2000
Post category:F

In OCCA case No. PR-99-1326, the Petitioners appealed their conviction for murder and shooting with intent to kill. In an unpublished decision, the court decided that the mistrial declared by the judge was not justified and therefore double jeopardy bars the State from retrying the Petitioners. One judge dissented. The case began when the Petitioners were charged with serious offenses. The first trial ended in a mistrial, which the judge declared after issues arose during a witness's cross-examination. The attorneys raised concerns about whether the prosecution had failed to provide evidence that could help the defense. This evidence related to the witness's background and credibility. The judge felt that the defense attorney’s questions may have harmed the trial, which led him to call for a mistrial. However, after reviewing the trial's events, the court found that there was no manifest necessity for a mistrial. In other words, the situation did not require such an extreme remedy. The court felt that a warning could have been sufficient to address any perceived problems before resorting to declaring a mistrial. Ultimately, the review concluded that the judge made errors in declaring the mistrial and, as a result, the defendants could not be tried again for these charges. The opinion emphasized that once a jury is discharged without sufficient reason, it can lead to violating the defendants' rights under the double jeopardy clause, which prevents someone from being tried for the same crime twice.