Evidentiary Rulings

F-2018-221

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In OCCA case No. F-2018-221, Kenneth Merle Hammick, II appealed his conviction for robbery with a dangerous weapon, burglary in the first degree, and larceny of an automobile. In a published decision, the court decided to affirm the judgment and sentence of the district court. One judge dissented. Kenneth Hammick was convicted of serious crimes. The evidence showed that he broke into a house in Claremore, Oklahoma, on May 10, 2015. He threatened the people inside with a gun and stole a car from one of the victims to escape. He later tried to steal another car but took a pistol instead. The police found him hiding in some bushes the next day. During police questioning, Hammick made statements that suggested he was guilty, even though he initially denied doing anything wrong. After a while, he asked to speak to the police again and confessed to the robbery, even showing them where he had hidden the gun. Hammick's first argument was that the court should not have allowed his confession to be used against him because he had already asked for a lawyer. The court decided that since he started talking to the police again, his confession was valid, and he understood what he was doing. Next, Hammick claimed that the way the police identified him was unfair. He said that because he had a neck tattoo, he was easily recognizable in a photo lineup shown to the victims. However, the court found that the victims had a good opportunity to see him during the crime and provided reliable identifications. Lastly, Hammick argued that the court should not have allowed evidence of another crime he committed after the robbery. This was a theft of a gun. The court decided that this evidence was important to provide a complete picture of Hammick's actions and did not unfairly prejudice the jury against him. In the end, the court upheld Hammick's conviction and did not find any reason to change the original decision.

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F-2018-531

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In OCCA case No. F-2018-531, Joseph Green Stoker appealed his conviction for Rape by Instrumentation (Count 1) and Lewd Molestation (Count 2). In a published decision, the court decided to affirm the Judgment and Sentence of the district court, meaning Stoker would serve ten years on each count, with the sentences served one after the other. One judge dissented. Stoker argued that he was not allowed to present a proper defense because his witnesses were not allowed to testify. The court found that the trial judge was correct in excluding the evidence because Stoker did not follow the proper legal steps to get those witnesses into the trial. Stoker also claimed that the prosecutor acted unfairly, which made it hard for him to have a fair trial. The court looked at previous cases and decided that what the prosecutor did was not harmful enough to change the outcome of Stoker's trial. Another point made by Stoker was that his lawyer did not do a good job defending him. However, the court said Stoker could not prove that this lack of help from his lawyer actually affected the outcome of the trial. Finally, Stoker complained that the trial court wrongly ordered him to pay some costs while he was still in prison. The court explained that there are laws that allow part of an inmate's earnings in prison to be used for paying court fees, so they found no error in the judge's decision. Overall, the court did not find any mistakes significant enough to affect Stoker's conviction or sentencing, so they upheld the original decision.

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F-2017-68

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This text appears to be a legal opinion from the Court of Criminal Appeals of the State of Oklahoma regarding the case of Jonathan D. McKee, who was convicted of Child Abuse. The judgment affirms the conviction and address various propositions raised by the appellant concerning the conviction and the trial process. The summary of the opinion includes analysis of the following propositions: 1. **Sufficiency of Evidence**: The court concluded that there was sufficient evidence for a rational juror to convict McKee of child abuse based on medical expert testimony. 2. **Evidentiary Rulings**: The court reviewed multiple evidentiary rulings that McKee argued were erroneous. They concluded that while McKee's refusal to speak with authorities could raise Fifth Amendment concerns, it did not constitute plain error affecting the trial’s outcome. Additionally, evidence concerning drug paraphernalia was found relevant to the case. 3. **Judicial Bias**: Appellant’s claim of judicial bias was rejected as the court found no evidence of actual bias or any violations affecting due process. 4. **Cumulative Error**: The court stated that because none of the individual propositions were sustained, the cumulative error argument had no merit. The opinion also includes concurring opinions from Judges Kuehn and Rowland. Judge Kuehn expressed some reservations about the relevance of mentions of a request for legal counsel, while Judge Rowland emphasized that McKee's conduct and refusal to speak were relevant in assessing guilty knowledge, even though they did not implicate any constitutional violations. The final decision affirmed the judgment and sentence, with the court ordering the mandate issued upon delivery and filing of this decision. For further details, one may refer to the full opinion [here](https://opinions.wirthlawoffice.com/wp-content/uploads/F-2017-68_1734271673.pdf).

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F-2017-1167

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In OCCA case No. F-2017-1167, Revival Aso Pogi appealed his conviction for First Degree Murder. In an unpublished decision, the court decided to affirm the conviction. One judge dissented. Revival Aso Pogi was convicted of murdering Steven Qualls in Oklahoma City in April 2014. Qualls was found dead in his home, and the scene was very bloody. An autopsy showed he had been beaten and stabbed over fifty times. Pogi was arrested after his wallet and bloody handprints were found at the crime scene. During police questioning, Pogi initially denied any involvement but later admitted to killing Qualls, stating he acted in self-defense after being held captive. Pogi’s appeal raised several arguments. He claimed that there was not enough evidence to support his conviction and that the trial court made mistakes. He argued that the jury should have been given instructions on a lesser charge of manslaughter, that his statements to police were made under duress, and that evidence of the victim's past conduct was improperly excluded. Pogi also challenged the use of a graphic photograph of the victim and claimed that the cumulative impact of all errors warranted a new trial. The court rejected Pogi's claims. They found that the jury had enough evidence to conclude that Pogi intentionally killed Qualls and that his self-defense claim wasn’t justified. They ruled that the trial court made appropriate decisions about jury instructions and evidence. The court noted that even if there were errors, they were harmless and did not affect the outcome of the trial. Ultimately, the court upheld Pogi's conviction for First Degree Murder and confirmed the life sentence imposed by the trial judge.

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SR-2013-1187

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In OCCA case No. SR-2013-1187, the State appealed the conviction of Carson for lewd molestation. In an unpublished decision, the court decided to affirm the district court's ruling. One judge dissented. Carson was charged with six counts of lewd molestation. A jury found him not guilty on three charges and couldn’t make a decision on the other three, which are still unresolved. The appeal centered around whether the district court made the right call when allowing evidence about past sexual abuse involving a different perpetrator. The State argued that this evidence should not have been allowed under a law known as the Rape Shield statute, designed to protect victims by limiting the introduction of their past sexual behavior. The district court, however, let the defense question the victim about these other incidents. The State believed this was a mistake and wanted the court to review the evidence ruling. However, the court decided not to do so. They trust the trial court's judgment on these matters unless there is clear proof of a mistake. The court said the State did not show that the trial court made an error in allowing the evidence. In summary, the OCCA upheld the decision made by the district court, ruling that they acted within their rights, and the case for Carson was allowed to stand as it was.

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F-2014-478

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In OCCA case No. F-2014-478, David Glen Heard appealed his conviction for two counts of Lewd Molestation. In an unpublished decision, the court decided to affirm his conviction but vacated the imposition of post-imprisonment supervision. One judge dissented. David Glen Heard was found guilty of two counts of Lewd Molestation after being tried by a jury in Tulsa County. The charges stemmed from an incident on June 15, 2006, when Heard was observed behaving inappropriately towards two young girls at a Walmart store. He followed them around the store and attempted to look under their dresses. Witnesses reported his unsettling behavior, and he was later found with a pornographic magazine in his car and identified as a registered sex offender. At the time of the incident, he was on probation for previous sex-related offenses against children. During the trial, testimonies from various witnesses were presented, including a woman who testified about a similar incident involving Heard from years prior. Evidence was admitted under the law to show motive and absence of mistake, which supported the prosecution's case against him. Heard raised several arguments during his appeal, including claims that the statute he was convicted under was vague, the admission of other testimonies was inappropriate, and errors in jury instructions and the failure of his counsel to object to certain evidence. The court found that the law did not provide for a vagueness claim since Heard's actions clearly violated the statute in question. The admission of prior testimonies was ruled permissible as relevant to the case. The trial court’s instructions were also deemed not harmful to the verdict. However, the court recognized an error when ordering post-imprisonment supervision, as it was not authorized for the crimes Heard committed at the time. Thus, while his conviction was confirmed, the order for post-imprisonment supervision was vacated. Ultimately, Heard’s two twenty-year sentences were upheld due to the nature of his actions and background as a repeat offender.

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F 2002-1041

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In OCCA case No. F 2002-1041, Carlos Gomez Modesto appealed his conviction for Trafficking in Illegal Drugs (Methamphetamine and Cocaine). In an unpublished decision, the court decided to reverse and remand Count 1 with instructions to dismiss it, while affirming Count 2. One judge dissented. The case started when Modesto was found guilty in an earlier trial of trafficking both methamphetamine and cocaine. The jury decided his punishment for methamphetamine should be ten years and a fine of $50,000, and for cocaine, ten years and a fine of $25,000. However, during sentencing, the judge changed the punishment for methamphetamine to just four years, allowing both counts to run at the same time. Modesto raised several issues during his appeal, challenging the fairness of the trial. He claimed that: 1. The trial court didn't properly handle his request to dismiss the charges based on double jeopardy, which is when a person can't be tried twice for the same crime. 2. He argued that having two convictions seemed unfair, like getting punished twice for the same wrongdoing. 3. He believed that the evidence presented was not enough to support his convictions. 4. Modesto complained about the prosecutor's comments during closing arguments, suggesting they were harmful and unfair. 5. He pointed out that some decisions made by the trial court regarding evidence were wrong, which affected his right to a fair trial. After looking carefully at all the facts and arguments, the court agreed with Modesto on some points. They found that his two convictions did violate the rule against double punishment, so they decided to reverse the conviction for methamphetamine and instruct the lower court to dismiss that charge. However, they determined there was enough evidence to uphold the conviction for cocaine and decided to affirm that part. The court also recognized that the prosecutor's comparison of Modesto to a notorious criminal was inappropriate, but they concluded it wasn’t enough to change the trial's outcome. Lastly, although there were some mistakes in handling evidence, they decided those were not serious enough to affect the fairness of the trial. In summary, the court's final ruling was that Modesto's conviction for trafficking cocaine would stand, while the conviction for methamphetamine was reversed and dismissed.

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