Expert Testimony

F-2004-914

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In OCCA case No. F-2004-914, Mark Wayne Johnson appealed his conviction for Child Sexual Abuse. In a published decision, the court decided to reverse the conviction and order a new trial. One judge dissented. Mark Wayne Johnson was found guilty of Child Sexual Abuse and sentenced to twenty years in prison along with a fine. He believed that his lawyer did not do a good job during the trial. Johnson pointed out that his lawyer failed to bring in expert witnesses who could have helped his case and also did not challenge important evidence properly. Johnson raised several issues in his appeal. He claimed that the trial judge acted unfairly by scolding his lawyer in front of the jury. This made Johnson feel that he did not get a fair trial. He also argued that important evidence and witness credibility were not handled properly by the trial court, and that numerous mistakes made by his lawyer affected the outcome of the trial. The court reviewed these claims and found that there were many significant errors in how Johnson was represented. The judges said that Johnson's lawyer did not cross-examine witnesses properly or address inconsistencies in the testimonies. They concluded that all these mistakes could have changed the trial's outcome, meaning Johnson did not receive the fair trial he deserved. As a result of these findings, the court reversed Johnson's conviction and ordered a new trial.

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F-2004-427

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In OCCA case No. F-2004-427, Emily Michelle Dowdy appealed her conviction for First-Degree Manslaughter. In an unpublished decision, the court decided to affirm her conviction but modified her sentence to twenty-five years imprisonment. One judge dissented from the decision to modify the sentence. Emily was charged after a fatal car accident that resulted in the death of another driver, Ryan Brewer. Emily's blood test later showed a high blood alcohol concentration, indicating she was driving under the influence. In her defense, she claimed she was involuntarily intoxicated, suggesting that she may have been given a drug without her knowledge, such as GHB or rohypnol, often associated with date-rape cases. Emily argued that she could not remember what happened after she took a friend to her car at a bar. The trial included a significant amount of expert testimony regarding the effects of GHB, but the state argued that Emily was likely just drunk from alcohol. Various witnesses testified about her drinking at the bar that night and her generally good driving record. On appeal, Emily raised several arguments regarding the fairness of her trial, alleging ineffective assistance of her counsel, improper admission of certain evidence regarding her character, and comments made by the prosecutor. The court reviewed testimony regarding whether Emily had been properly advised about her rights during police questioning and whether any misconduct had affected the jurors' views. After thorough review, the court concluded that the trial was fair overall, although it noted that one witness's hearsay testimony, which was not properly admissible, could have potentially influenced the jury's view of Emily. Ultimately, this led to a modification of her sentence, although the conviction itself remained intact. The dissenting judge felt that the original forty-year sentence was appropriate and did not believe that the limited hearsay testimony had a significant impact on the final outcome.

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F-2004-1229

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In OCCA case No. F-2004-1229, Jesse Allen Cheshire appealed his conviction for two counts of Child Sexual Abuse. In an unpublished decision, the court decided to reverse the convictions and remand for a new trial. One judge dissented. Jesse Allen Cheshire was found guilty by a jury of two charges of Child Sexual Abuse in a case from Bryan County. The jury decided that he should serve eight years in prison for each charge, and these sentences would be served one after the other. Cheshire argued that there wasn't enough evidence to prove he committed the crimes. He believed that the evidence was inconsistent and didn't clearly show he was guilty. He claimed this meant his constitutional rights were violated. He also stated that his rights were infringed because two witnesses were allowed to share what the alleged victims said without those children testifying in court. According to the law, he should have been able to confront his accusers directly, which he argued did not happen. Cheshire claimed that the state’s witnesses unfairly supported the credibility of the children’s accusations against him. He also mentioned that a letter from a doctor supporting his defense was wrongly kept out of trial, while other evidence was accepted. After looking at all the ideas presented by Cheshire and the details of the case, the court found that the issue regarding hearsay—where the children’s statements were allowed without them being present—was a serious error. They concluded that this error was not harmless and could have affected the outcome of the trial. They noted that there was some confusion during the case, including the children initially naming someone else as the abuser before changing their statements. Because of this significant issue, the court reversed Cheshire's convictions and ordered a new trial to take place.

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F 2004-816

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In OCCA case No. F 2004-816, Martin appealed his conviction for several serious crimes against children. In a published decision, the court decided to affirm the convictions but modified the sentences. One judge dissented. Solly Lee Martin, Jr. was found guilty of multiple charges which included lewd molestation, attempted forcible oral sodomy, and child sexual abuse. The trial happened in Ottawa County, where he received very long sentences for these crimes, which involved terms that ranged from 10 years to life in prison. Some sentences were ordered to be served together, while others had to be served after. During his appeal, Martin claimed he was not given a fair trial. He argued that the trial judge wouldn't allow him to show evidence about the complainant's past which he thought could help his case. In another claim, he said that some testimony during the trial was unfairly negative against him and could influence the jury's decision. The court looked closely at Martin's complaints. They found that he did not properly follow the rules to show the evidence he wanted to introduce, so his first complaint was not accepted. For the second complaint, the court agreed that some of the testimony presented was error, as it talked too much about what the crime might do to the victims in the future, which is generally not allowed in these types of cases. Despite these issues, the court decided that overall, Martin's convictions would remain, but they agreed to change his sentences. Instead of them running one after the other, they made them all run at the same time. The final decision was that although the court kept the convictions, there were changes to make sure the sentences were fair.

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F-2004-1065

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In OCCA case No. F-2004-1065, the appellant appealed his conviction for lewd molestation, forcible oral sodomy, and exhibiting pornography to a minor child. In an unpublished decision, the court decided to reverse the conviction and remand for a new trial. One judge dissented. The case was tried in a district court where the appellant was found guilty on several charges and received a lengthy prison sentence. During the trial, there were issues related to expert testimony, jury instructions, and statements made by the prosecutor that the appellant argued denied him a fair trial. One problematic aspect involved a child welfare worker who said that the victim was truthful, which the court found to be inappropriate. Additionally, the trial court didn't give an important jury instruction that the appellant requested regarding inconsistent statements made by the victim, which could have helped his defense. The prosecutor also made statements that could have influenced the jury unfairly, such as referring to the appellant as a monster. Because of these and other errors combined, the court concluded that the appellant did not receive a fair trial. As a result, the court ordered a new trial to ensure justice was served.

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J-2004-1117

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In OCCA case No. J-2004-1117, the appellant appealed his conviction for First Degree Murder and three counts of Assault with Intent to Kill. In a published decision, the court decided to affirm the denial of the appellant's request to be certified as a Youthful Offender but reversed the decision regarding the Assault charges, allowing those to be tried as a Youthful Offender. One judge dissented. The case began when the appellant was charged as an adult with serious crimes, including murder. The appellant wanted to be treated as a Youthful Offender, which would mean he could receive rehabilitation instead of severe punishment. A special judge conducted hearings to decide if the appellant could be certified as a Youthful Offender, meaning he would be tried in a different system designed for young people. During the hearings, expert witnesses gave differing opinions about whether the appellant could be helped and rehabilitated if treated as a Youthful Offender. One expert believed the chances were good, while others thought the appellant needed more time to be rehabilitated. Based on all the information and expert opinions, the judge decided not to certify the appellant as a Youthful Offender and instead required him to be tried as an adult for the murder charge. On appeal, the appellant argued three main points: first, that the judge made a mistake by not certifying him as a Youthful Offender, second, that the judge should have removed himself from the case, and third, that he should not have been charged as an adult for the Assault with Intent to Kill counts since those should be treated as Youthful Offender crimes. The court looked at the evidence presented in the trial, including testimonies from experts and details of the appellant's life. The conclusion was that the judge did not abuse his discretion in deciding the appellant should be tried as an adult for the murder charge. However, the court did agree with the appellant concerning the Assault with Intent to Kill charges; since he was between 15 and 17 and those charges are typically handled differently, the court ordered that he be processed as a Youthful Offender for those counts. In the end, the court upheld the decision regarding the murder charge but reversed the decision on the Assault with Intent to Kill charges, indicating that the appropriate course was for those to be treated under the Youthful Offender system.

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F-2002-1370

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In OCCA case No. F-2002-1370, Oscar Lee Lamb appealed his conviction for two counts of Rape by Instrumentation. In an unpublished decision, the court decided to reverse and remand for a new trial. One judge dissented. Oscar Lee Lamb was found guilty by a jury and received a sentence of five years in prison for each count, with the sentences running consecutively. Lamb challenged the trial court's decision on two main points. First, he argued that there was a mistake when some evidence that was not allowed in the trial was taken to the jury room during their discussions. This was seen as a problem, but the court believed it did not cause any harm to Lamb's case since the content of those pieces of evidence had already been discussed during the trial. The second point brought up by Lamb was more serious. He said that a witness who was an expert gave an opinion on whether or not the victim was telling the truth. The court agreed that this was a mistake because experts should not tell the jury what to believe about who is honest or dishonest. This kind of testimony can really affect the jury's decision, particularly when both sides disagree strongly about what happened. Since the court thought the expert's testimony could have made a difference in how the jury viewed the case, they decided that Lamb should have a new trial. Therefore, the previous court's decision was overturned, and the case was sent back for another trial.

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F-2002-87

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In OCCA case No. F-2002-87, Claude Thomas Gifford appealed his conviction for robbery in the first degree and assault and battery with a dangerous weapon. In an unpublished decision, the court decided to reverse the conviction for robbery but affirmed the conviction for assault and battery. One judge dissented. Gifford was found guilty of several crimes after a jury trial in Cleveland County. He received a lengthy sentence of 38 years for robbery and 48 years for assault, among other sentences. Gifford believed he was unfairly punished twice for the same incident, as the robbery and the assault were committed against the same victim at the same time. The court agreed that convicting him for both crimes was unfair, as they were not separate acts and violated the law against double punishment. They also found that the other claims made by Gifford did not warrant changes to his convictions or sentences. As a result of the court's review, they reversed the conviction and sentence for robbery and kept the conviction for assault, but adjusted the sentences accordingly.

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F-2002-548

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In OCCA case No. F-2002-548, Brian Wheatley Fire appealed his conviction for seven counts of Lewd Molestation. In an unpublished decision, the court decided to reverse his convictions and remand his case for a new trial. One judge dissented. Brian Wheatley Fire was found guilty by a jury in Oklahoma County of multiple counts of a serious crime. The jury recommended he serve twenty years in prison for each count, and the judge ordered the sentences to be served one after the other, meaning he would spend many years in prison. After getting convicted, Brian Wheatley Fire raised several issues, called propositions of error, which he believed showed he did not get a fair trial. These were a set of complaints about how the trial went and how evidence was presented. The court looked at the arguments made by Brian's side. One important issue was that a social worker and a school counselor said they believed the child involved was telling the truth, which was a problem. These statements could influence how the jury viewed the witness's honesty. The law says that it is up to the jury to decide if someone is telling the truth, and when someone who is not a trial expert vouches for a witness's truthfulness, it can lead to unfairness in the trial. Another issue was related to what happened during questioning. The prosecutor brought up that Brian, after being arrested, didn't speak to police. This should not have happened because it could make people think less of him for not speaking up right away. The law protects people from being judged negatively for choosing to stay silent after being arrested. Brian's silence was used against him repeatedly in questions by the prosecutor and was mentioned again in final remarks. The court found that these two problems together made it impossible for Brian to have a fair trial. They believed that the errors were serious enough to reverse the guilty decision and send the case back for a new trial where these mistakes wouldn't happen again. In conclusion, Brian Wheatley Fire's conviction was overturned, and his case was sent back for a new trial because the errors during his first trial compromised his right to a fair trial.

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M-2002-1146

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In OCCA case No. M-2002-1146, Michael Lee Vickery appealed his conviction for unlawful possession of marijuana, possession of paraphernalia, and driving under suspension. In a published decision, the court decided to affirm the convictions but modified the sentences to three months of incarceration, giving credit for time served. One judge dissented regarding the modification.

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F 2000-321

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In OCCA case No. F 2000-321, Lourinda (Givens) Leggett appealed her conviction for First Degree Manslaughter. In an unpublished decision, the court decided to reverse her conviction and remand the case for a new trial. One judge dissented. Lourinda (Givens) Leggett was found guilty of First Degree Manslaughter by a jury. She was given a 28-year prison sentence, with 15 years suspended. Afterward, she filed a motion for a new trial, which was denied. On appeal, she raised two main errors. First, she argued that her lawyer should have presented evidence about battered woman syndrome, which could have helped her defense. Second, she claimed that the jury received confusing instructions regarding different defenses, which affected the trial's fairness. The court looked carefully at the case, including records and arguments from both sides. They agreed with Lourinda that her lawyer’s decision not to call an expert on battered woman syndrome was not a good choice and had negatively affected her defense. They believed that this choice made it hard to trust the jury's decision. Therefore, they reversed the trial court's decision and ordered a new trial. Since the court found merit in the first point raised by Lourinda, they didn't need to address the second error she mentioned. The court’s decision meant that Lourinda would get another chance in court to present her case.

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F-2001-338

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In OCCA case No. F-2001-338, Gene Paul Ray appealed his conviction for Lewd Molestation. In an unpublished decision, the court decided to reverse his convictions and ordered a new trial. One judge dissented. Gene Paul Ray was found guilty of two counts of Lewd Molestation but was not guilty on six other related charges. The jury gave him a punishment of ten years for each count, and those sentences would be served one after the other. Ray appealed for many reasons. He first argued that it was wrong for a special advocate to help prosecute him. He believed this went against his rights. The court agreed that this was a mistake because the advocate was not supposed to be involved in his case based on the law. The advocate acted like a second lawyer against Ray, which was unfair. Next, Ray claimed that the court made a mistake by allowing an expert to speak about “child sexual accommodation syndrome” before the victims testified. The court found that this was not done properly and that it could have made the jury more likely to believe the victims’ stories without proper evidence. Ray also said that it was wrong for the court to allow the parents of the child victims to testify about what their children said. This meant the jury heard claims of abuse more times than they should have, making the children's stories seem more believable than they might be. Ray argued that he was also unfairly treated when the court allowed the prosecution to talk about his past drinking problems to attack his character. The court agreed that this kind of information shouldn’t have been used in that way, especially since the prosecution did not show it related to the case. Finally, Ray argued that all these mistakes added up to make it impossible for him to have a fair trial. The court agreed and decided that the combination of these errors meant he wasn't treated fairly in the trial. In summary, the court decided to reverse Ray's convictions and ordered a new trial so that he could have a fair chance to defend himself in light of the mistakes that were made during the original trial.

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F-2001-558

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In OCCA case No. F-2001-558, Medlin appealed her conviction for Manslaughter in the First Degree by Heat of Passion. In an unpublished decision, the court decided to reverse her judgment and dismiss the case. One judge dissented. The case began when a jury found Medlin guilty of Manslaughter for the shooting death of her husband, Jay Medlin. The jury sentenced her to four years in prison. Medlin argued that the trial court made a mistake by allowing instructions on a lesser charge of Manslaughter since she believed her actions were in self-defense due to previous abuse from her husband. Throughout their marriage, Medlin testified about the many times she and her children had been harmed by Jay. On the night of the shooting, after Jay verbally threatened the family and struck Medlin, she took a gun and shot him multiple times while he was asleep, believing she was defending herself and her children from further harm. At the appeal, the court determined that the evidence did not support a jury instruction on Manslaughter because Medlin had intended to kill her husband. The trial court's instructions to the jury were incorrect because they could only find that she had meant to cause death. Since the evidence only pointed to a conviction for murder, the court concluded that the previous conviction must be dismissed under the law. Thus, the court reversed the conviction and ordered the lower court to dismiss the case entirely, which also meant Medlin could not be tried for First Degree Murder again after the jury had found her not guilty of that charge. The dissenting opinion argued that the judge gave the jury a fair chance to decide based on the evidence presented and that the jury's actions were reasonable based on what they had seen and heard during the trial. In conclusion, the court's ruling in this case emphasized that if there is no substantial evidence showing that a lesser charge could apply, then that instruction should not be presented to the jury.

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F-1999-1422

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In OCCA case No. F-99-1422, Crider appealed his conviction for Murder in the First Degree. In an unpublished decision, the court decided to reverse and remand the case for a new trial. One judge dissented. Crider was found guilty of killing his 12-year-old stepdaughter, Crystal Dittmeyer, after she went missing in 1996. In trial, the evidence against him included blood found in their home and in his car, as well as a patterned injury on Crider's arm that was argued to be a bite mark from Crystal. The prosecution claimed Crider transported her body in a garment bag and disposed of it. Crider raised several issues in his appeal, including concerns about the reliability of expert testimony that suggested the bite mark on his arm could have come from Crystal. The court found that the expert methods used were not scientifically reliable and did not help the jury understand the evidence. This issue alone warranted a reversal of the conviction. Additionally, the court identified errors in admitting evidence related to luminol tests, which suggested the presence of blood in Crider's car but later tests were inconclusive. The admission of testimony related to a rural area where Crystal's body was not found was also seen as prejudicial and misleading. Overall, the court determined that the combination of these errors negatively impacted Crider's right to a fair trial. The ruling emphasized the need for reliable and helpful expert evidence in criminal trials, especially in cases involving serious allegations like murder. The court called for a new trial to ensure Crider received a fair hearing.

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