Excited Utterance

F-2018-1144

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In the case of William G. Epperly v. The State of Oklahoma (Case No. F-2018-1144), the Oklahoma Court of Criminal Appeals upheld the judgment and sentence imposed by the District Court of Oklahoma County. The court found that the evidence presented during Epperly's trial was admissible, and his claims of error, including issues related to hearsay, relevance, and jury instructions, did not warrant reversal of his conviction for Sexual Abuse of a Child. ### Key Points from the Court's Decision: 1. **Admission of Excited Utterance Evidence**: The court found that statements made by Tiffany Epperly (Epperly's spouse) to two witnesses fell under the excited utterance exception to hearsay, as she was under emotional stress when she reported witnessing the alleged abuse. 2. **Text Messages and Witness Testimony**: The court ruled that reading text messages sent by Sutphen to Tiffany Epperly was not hearsay because they were used to challenge Tiffany's credibility rather than to prove the truth of the matter asserted. Additionally, the testimony about Tiffany's changing demeanor was deemed relevant to the case. 3. **Witness Reading from Police Report**: Former Officer Richardson's reading from his police report, which included Tiffany Epperly's statements, was allowed because it served to impeach her trial testimony, not as hearsay. 4. **Internet Search Evidence**: The court deemed the evidence concerning Epperly's internet search about Oklahoma sex laws to be relevant, as it could suggest a consciousness of guilt. 5. **Judgment and Sentence Corrections**: The court noted that the issues regarding credit for time served and the $100 fine were resolved with an amended judgment, making that claim moot. 6. **Jury Instruction on Sex Offender Registration**: The court did not find that the failure to instruct the jury about sex offender registration constituted an error warranting relief, consistent with prior rulings. 7. **Cumulative Error Doctrine**: The court concluded that no individual errors occurred that would justify reversal and therefore found no merit in the cumulative error claim. ### Conclusion: The court affirmed the judgment and sentence of the district court, concluding that all claims raised by Epperly were without merit. The decision illustrates the court's adherence to evidentiary rules and its support for the discretion exercised by the trial judge in admitting evidence. For more detailed information, the full opinion can be accessed [here](https://opinions.wirthlawoffice.com/wp-content/uploads/F-2018-1144_1734787047.pdf).

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F-2018-302

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In OCCA case No. F-2018-302, Jorge R. Medina appealed his conviction for Lewd or Indecent Acts to a Child Under 16. In an unpublished decision, the court decided to affirm Medina's conviction and sentence. One judge dissented. The case involved Medina being found guilty by a jury of a serious crime against a young child. The court imposed a severe sentence of forty years imprisonment. Medina raised several arguments in his appeal, claiming he did not receive a fair trial due to prosecutorial misconduct, issues with his confession, introduction of evidence regarding his past behavior, and ineffective assistance of his attorney. First, Medina argued that the prosecutor made incorrect statements during the trial and suggested that the jury should assume certain things rather than find them to be true based on evidence. However, the court reviewed the prosecutor's comments and determined they did not misstate the law or unfairly influence the jury. Next, Medina claimed he did not fully understand his rights when he confessed, which should have meant that his confession was not valid. But the court found that Medina had waived this right and that the confession was given voluntarily after he understood his rights. Medina also contested the admission of evidence about his past bad acts. The court found that the prosecution had properly notified Medina of this evidence beforehand, so it was admissible. Regarding hearsay statements made by the victim, which were brought up as evidence at the trial, Medina’s team did not object to this during the trial. The court observed that since the defense had been aware of the basis for these statements and did not raise any objections, it affected their ability to contest them later. Moreover, Medina argued his attorney did not provide effective legal help because they did not object to issues during the trial. The court concluded that the alleged deficiencies of the attorney did not impact the outcome of the case due to the strength of the evidence against Medina. Finally, Medina claimed that the accumulation of errors throughout his trial added up to a denial of his rights. However, the court found that the trial did not have enough significant errors to justify this claim. In conclusion, the court upheld Medina's conviction and sentence, emphasizing that the errors he pointed out did not meet the threshold to alter the jury's decision.

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F-2018-184

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In OCCA case No. F-2018-184, Juanita Martinez Gomez appealed her conviction for First Degree Malice Murder. In an unpublished decision, the court decided to affirm her conviction. One judge dissented. Juanita, a 49-year-old woman, was found guilty of killing her daughter, Geneva Gomez, who was 33 years old, in Oklahoma City. The events took place in August 2016 after a violent encounter at Juanita's home. Geneva had previously lived with her boyfriend but went to collect her belongings with her mother. The boyfriend later became worried when he could not communicate with Geneva. The trial revealed that when the boyfriend visited Juanita's home, he found Geneva's body. She had severe injuries on her head and signs that she had been beaten. Instead of asking for help, Juanita showed strange behavior, claiming that Geneva was possessed. Evidence showed that Juanita attempted to clean up the crime scene and tried to prevent her boyfriend from leaving. At trial, Juanita did not testify, and her lawyers claimed that her odd behavior and statements meant she did not kill her daughter with intent. The jury, however, found that the evidence showed a clear intention to kill, considering the violent nature of the attack and Juanita's actions afterward. Juanita raised multiple claims of error in her appeal, but the court found that she had not been denied a fair trial. Her statements to the police about her motive for killing Geneva were not allowed in court because they were considered hearsay. The court reviewed the evidence and decided that it was sufficient to support the conviction for malice murder, rejecting Juanita's claims for lesser charges or defenses. The court ultimately affirmed the judgment of the District Court.

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F-2015-194

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In OCCA case No. F-2015-194, Jarrod Demar Mansker appealed his conviction for Domestic Assault and Battery, Second Offense, after two or more felonies. In an unpublished decision, the court decided to affirm Mansker's conviction but remand the case for resentencing to consider his request for credit for time served. One judge dissented.

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S-2014-812

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In OCCA case No. S-2014-812, the State of Oklahoma appealed the conviction of Adam Clayton Zilm for Sexual Abuse of a Minor. In an unpublished decision, the court decided to affirm the ruling of the District Court that suppressed certain child hearsay statements. One judge dissented. The case started when Adam Clayton Zilm was charged with sexually abusing a minor in Tulsa County. Before the trial began, there was a hearing to determine if the statements made by the child victim, K.A., could be used as evidence in the trial. During this Reliability Hearing, the child made statements to a forensic interviewer and a neighbor about the alleged abuse. However, K.A. later testified that she had not been abused and said she had been influenced to make claims about the abuse. The State argued that the trial court was wrong to suppress the child’s statements because they believed the statements should have been allowed to support the case against Zilm. The court had to decide if these hearsay statements were trustworthy to be presented at trial. According to Oklahoma law, a child’s hearsay statements can be used if the court finds them to be reliable based on several factors. The trial court decided that K.A.'s statements to the forensic interviewer and neighbor were not reliable enough. They allowed K.A. to give her testimony because it was necessary to determine if her earlier statements could be trusted. The court found inconsistencies in her testimony compared to her earlier claims, which made the hearsay statements questionable. The appellate court upheld the trial court's decision, stating that they did not abuse their discretion by suppressing the hearsay statements from the child victim. They believed the trial court made the right choice by considering the total context around the statements. Meanwhile, one judge disagreed. This judge felt that the earlier statements made by K.A. should still be considered admissible. They argued that the trial court focused too much on K.A.'s later testimony, which could have been influenced and not truly reflected what had happened earlier. Overall, the court decided that the suppression of the hearsay evidence was appropriate, allowing the earlier ruling to stand and ensuring that K.A.'s inconsistent statements were not used in the trial against Adam Clayton Zilm.

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F 2003-364

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In OCCA case No. F 2003-364, El Alami El Mansouri appealed his conviction for multiple crimes including unauthorized use of a motor vehicle, attempted robbery, first-degree burglary, and kidnapping. In an unpublished decision, the court decided to affirm some convictions but reversed others. The court found that two of the infractions—kidnapping and pointing a firearm—should be dismissed due to double jeopardy. One judge dissented.

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