Failure to Stop Archives

F 2004-1182

Post author:Staff
Post published:May 18, 2006
Post category:F

In OCCA case No. F 2004-1182, Bryan Matthew Carroll appealed his conviction for multiple offenses. In an unpublished decision, the court decided to reverse some of his convictions and modify others. One judge dissented. Carroll was found guilty by a jury of several charges. These charges included Assault and/or Battery with a Dangerous Weapon, Attempting to Elude a Police Officer, and Unlawful Possession of Drug Paraphernalia, among others. The jury sentenced him to various fines and jail time for these offenses. Carroll argued that he was unfairly punished for some offenses and that there was not enough evidence to support the charges against him, especially for the more serious ones like Assault and Unlawful Possession of Drug Paraphernalia. He claimed his rights were violated and that he did not receive fair representation from his lawyer. In looking at Carroll's appeal, the court decided to dismiss some of the judgments against him, specifically the Assault and Unlawful Possession of Drug Paraphernalia charges. The court found that the evidence did not convincingly support the Assault charge and there was not enough proof that Carroll was intending to use the paraphernalia for drugs. For the Attempting to Elude charge, the court noted that Carroll was also convicted for not stopping at a stop sign while trying to escape from the police, which should not happen according to legal rules. The court ruled that one of the offenses was covered by the other, and that means Carroll was unfairly charged twice for one action. As for other charges, the court changed the punishment for speeding because the jury was not correctly informed about the possible penalties. They modified Carroll's sentence for that charge but kept the other sentences intact, concluding that they were fair based on what happened. In summary, Carroll's case showed that even when someone is charged with multiple offenses, it's important for the legal system to follow rules to ensure fairness. The court made changes that reflected these principles, showing that justice is essential in every case.

F 2003-1401

Post author:Staff
Post published:September 7, 2004
Post category:F

In OCCA case No. F 2003-1401, Toni Lisa Dixon appealed her conviction for Driving while Under the Influence of Alcohol, second offense; resisting an officer; and failure to stop at a stop sign. In an unpublished decision, the court decided to modify her DUI conviction to a first offense and ordered a resentencing on that charge. The conviction for resisting an officer was affirmed, but the fine was reduced to $500. The conviction for failure to stop at a stop sign was also affirmed. One judge dissented.

M-2003-450

Post author:Staff
Post published:May 19, 2004
Post category:M

In OCCA case No. M-2003-450, Edward Allen Rayls appealed his conviction for Attempting to Elude a Police Officer. In a published decision, the court decided to reverse the conviction with instructions to dismiss the case. One judge dissented. Rayls was found guilty after a jury trial and was sentenced to a fine and time in jail. He argued that there was not enough evidence to support his conviction. He also said the court made a mistake by not allowing a 911 tape that could have helped his case and that the prosecutor was unfair. The court looked at all the information and agreed with Rayls that there wasn’t enough evidence to say he was trying to get away from the police. The law says that for someone to be guilty of attempting to elude, they must be intentionally trying to escape. The facts showed that Rayls was driving normally and didn't break any traffic laws when a police officer tried to pull him over. He didn’t see the police car until just before he stopped his vehicle. Because of this, the court decided to reverse the judgment and instructed to dismiss the case. The dissenting judge felt differently. This judge thought the jury had enough evidence to make their decision and that the evidence should be respected. The dissenting opinion argued that there was a reasonable basis for the jury to find Rayls guilty beyond a reasonable doubt based on the evidence they heard during the trial.