Fair Trial

F-2001-793

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In OCCA case No. F-2001-793, Robert Dale Marlow appealed his conviction for three counts of First Degree Rape, Forcible Sodomy, and First Degree Rape by Instrumentation. In an unpublished decision, the court decided to modify one of the convictions to Second Degree Rape by Instrumentation and also modified the sentences for the remaining convictions. One judge dissented. Marlow was found guilty of serious crimes related to sexual offenses. The jury decided to give him a very long punishment of 100 years for each of the five crimes, which they all ran one after the other, making a total of 500 years. In the appeal, Marlow pointed out several issues with his trial. First, he argued that he didn’t get a fair trial because the judge allowed the jury to hear about another crime that wasn’t related to what he was accused of. This might have made the jury think he was a bad person and influenced their decision. Second, he said the jury was not properly instructed about one of the charges. The charge of First Degree Rape by Instrumentation did not include an important detail about “bodily harm.” Because of this, the court acknowledged that he should have been found guilty of a lesser crime instead. They also talked about how the prosecutor brought in information about other incidents that happened at a different time, which they believed could confuse the jury and affect the fairness of the trial. After looking carefully at everything, the court decided that the conviction for First Degree Rape by Instrumentation should be changed to Second Degree Rape by Instrumentation, and they gave him a new sentence of 20 years for this crime. The other convictions were kept but the sentences were reduced to 40 years each for the remaining counts. All of the sentences will still be served one after the other. This review shows how important it is for trials to be fair, with accurate charges and instructions provided to the jury.

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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 In an unpublished decision, the court decided to reverse his convictions and ordered a new trial.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-2001-106

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In OCCA case No. F-2001-106, Billy Mack Downey appealed his conviction for Murder in the Second Degree. In an unpublished decision, the court decided to reverse the judgment and sentence, sending the case back for a new trial. One judge dissented. Billy Mack Downey was convicted of murder by a jury in Carter County. He was sentenced to forty years in prison. Downey appealed his conviction, raising thirteen different complaints about how the trial was conducted and claims that he did not receive a fair trial. Here are the main issues Downey raised in his appeal: 1. He argued that it was wrong for the trial court to allow victim impact evidence during the trial, which should only be presented during the sentencing phase. 2. He claimed that the prosecution unfairly increased the credibility of its main witnesses. 3. Downey believed his father should have been allowed to testify, and that the prosecutor took advantage of this situation during closing arguments. 4. He also said the prosecutor acted improperly in a way that affected his chance for a fair trial. 5. Downey filed a motion for a new trial, which he claimed the trial court incorrectly denied. 6. He pointed out errors in how the State impeached one of his defense witnesses. 7. Downey thought the trial judge wrongly instructed the jury on matters related to the law and the testimonies of his co-defendants. 8. He believed certain comments from the judge during the trial may have influenced the jury’s opinion about his guilt. 9. Downey felt he should have been told that his co-defendants were accomplices, which could have affected how the jury viewed their testimonies. 10. He claimed the judge gave an instruction during closing arguments that confused the jury. 11. Downey argued that the collection of errors during the trial ultimately deprived him of a fair verdict. 12. He mentioned the judge wrongly ordered him to pay restitution without sufficient evidence of loss. After reviewing the evidence and considering all of Downey's claims, the court found that he had been deprived of a fair trial due to multiple serious errors. Particularly, it highlighted the combined effect of several of the errors as being significantly damaging to Downey's case. The court specifically identified that the trial court should not have allowed victim impact evidence during the guilt phase of the trial and agreed that Downey was wrongly denied the opportunity to have his father testify. The court believed these issues could have changed the outcome of the trial. Ultimately, the court overturned the original decision and ordered that a new trial be held for Downey, where he would have the chance to address these issues. This ruling aimed to ensure that he could receive a fair trial as guaranteed to him under the law.

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F-2001-998

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In OCCA case No. F-01-998, Brian Tyrone Scott appealed his conviction for multiple crimes, including First Degree Burglary and Forcible Sodomy. In an unpublished decision, the court decided to reverse the kidnapping conviction but affirmed the other convictions. One judge dissented. Scott was found guilty of several serious crimes after a jury trial and was sentenced to many years in prison. He raised five main points in his appeal. First, he argued that his convictions for some crimes were unfair because they punished him twice for the same act. Second, he claimed there wasn’t enough proof that he intended to kidnap the victim. Third, he said he didn’t get a fair trial because he wasn’t allowed to show evidence that the victim might have lied. Fourth, he thought his total sentence was too harsh, and fifth, he wanted his judgement and sentence to correctly show his convictions. After reviewing everything, the court agreed that Scott's kidnapping charge should be dismissed because it conflicted with his current charge of forcible sodomy. However, they found that the other convictions didn’t violate any laws about double punishment. The court also concluded that allowing Scott to introduce the dismissed evidence wouldn’t have helped his case and that it was okay for his sentences to be served one after the other instead of at the same time. In summary, the court affirmed most of Scott's convictions but decided to dismiss the kidnapping conviction. They ordered the district court to correct the records to make sure all information was accurate.

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F-2001-1170

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In OCCA case No. F-2001-1170, Willie West King, Jr. appealed his conviction for Lewd Molestation of a Child Under Sixteen Years Old. In an unpublished decision, the court decided to affirm the conviction for Count I but reversed the conviction for Count II with instructions to dismiss. One judge dissented regarding the length of the sentence for Count I, suggesting it should be modified to 20 years. Willie West King, Jr. was found guilty by a jury of two counts of lewd molestation after a trial in Texas County. The jury gave a punishment of 65 years for each count, and these sentences were to be served one after the other. King appealed this decision, arguing several points. First, he claimed that the jury instruction on the crime had a serious mistake because it left out an important part that should have been included. However, the court found that even though this was a mistake, it didn’t change the outcome of the trial because other parts of the instructions were clear. Second, King argued that there wasn’t enough evidence to support the second count against him. The court agreed, saying that the evidence really showed an attempt rather than a completed act of lewdness. Therefore, they reversed that part of the conviction and said it should be dismissed. Third, King felt that the court should have told the jury they needed to have another witness to back up the victim's claim. The court disagreed, stating that the victim’s testimony was believable, and did not need another person to support it. Fourth, King thought that the jury should have been informed he would have to serve 85% of his sentence before being eligible for parole. The court found that this wasn’t necessary in this case because the law didn’t require it. They also decided that the prosecutor’s comments during the trial didn’t unfairly influence the jury’s decision. Fifth, King raised a concern about evidence from Texas being allowed in without proper proof. However, the court found that the evidence was correctly shown as valid. Lastly, King argued that all the mistakes in his trial together made it unfair for him. The court concluded that while there were some errors, they were not serious enough to have denied him a fair trial. In summary, the court upheld King’s conviction on Count I but found that Count II was not supported by enough evidence, so it was reversed and dismissed. One judge disagreed with the long sentence for Count I, believing it was too harsh and should be lowered to 20 years instead of 65 years.

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F-2001-503

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In OCCA case No. F-2001-503, Derrick L. Jethroe appealed his conviction for Robbery with a Firearm. In an unpublished decision, the court decided to affirm his conviction but modify his sentence to twenty years imprisonment. One judge dissented.

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F-2001-637

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In OCCA case No. F-2001-637, James Ricky Ezell, III appealed his conviction for First Degree Robbery, False Impersonation, and Eluding a Police Officer. In an unpublished decision, the court decided to affirm Ezell's judgment but ordered the case to be sent back for resentencing. One judge dissented. Ezell was found guilty by a jury of robbing a convenience store and other crimes. The jury gave him long sentences for each crime, which the trial court ordered to be served one after the other. Ezell argued that his right to a fair trial was hurt because an African-American was removed from the jury, that the judge’s policy of always giving consecutive sentences was wrong, and that his sentences were too harsh. The court decided that the prosecutor had a good reason for removing the juror, so there was no unfair trial. However, it agreed that the judge's strict policy against considering running sentences together was a mistake. The court found that while sentences usually should run consecutively, judges must look at all options, including the chance to run sentences together, especially if a defendant has prior convictions. In conclusion, while Ezell's conviction was upheld, the court said the sentencing decision was not fully considered and sent the case back for the judge to look at this again. One judge disagreed with the decision to send the case back for resentencing, believing that the original sentences were justified given the nature of Ezell's crimes.

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F-2001-651

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In OCCA case No. F-2001-651, Vadell Lamont Wright appealed his conviction for Unauthorized Use of a Motor Vehicle and Using a Vehicle to Facilitate the Intentional Discharge of a Firearm. In an unpublished decision, the court decided to reverse the convictions. One judge dissented. Wright was found guilty by a jury and received a sentence of twenty years for the unauthorized use of a vehicle and twenty-five years for using a vehicle in connection with the discharge of a firearm, with both sentences to be served one after the other. He decided to appeal his convictions. The court reviewed several claims raised by Wright regarding his trial. The main issues included: 1. Seeing the defendant in handcuffs could have influenced the jury. 2. There was not enough evidence to say that Wright used the vehicle to make the shooting easier. 3. The court did not allow the defendant to explain his belief that he was allowed to use the car, known as a defense of mistake. 4. Evidence about other crimes affected Wright's right to a fair trial. 5. Communication between the jury and the trial judge was improper. 6. The trial court made mistakes regarding immunity for a co-defendant. 7. The jury was not given the option of lesser charges. 8. Overall, multiple errors deprived Wright of a fair trial. Focusing on the second issue, the court noted that Wright used a stolen vehicle to flee from police. He was in the vehicle with another person who fired a gun at an officer during the chase. However, the court found that simply using the car did not meet the legal requirement that it had to help make the shooting occur. There wasn’t enough evidence to show that the act of using the car was linked to the shooting directly. Additionally, in regards to possible mistakes about using the vehicle, the trial court's instructions did not help the jury understand what was being asked about having permission to use the car. Wright believed he had permission from the person who was with him and thought he could use the vehicle, but the trial court did not clearly explain this possibility to the jury. As a result, the court decided to reverse Wright's conviction for shooting from a vehicle and dismissed that charge. They also decided to send the Unauthorized Use of a Motor Vehicle charge back for a new trial, stating that the earlier jury did not get all the right information to make a fair decision. In conclusion, the court found that Wright should not have been convicted based on the evidence presented and that he deserved a chance to argue his case again in a new trial.

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F 2001-465

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In OCCA case No. F 2001-465, Tashiro Rudy Tillman appealed his conviction for Unlawful Possession of a Controlled Drug with Intent to Distribute and Obstructing an Officer. In a published decision, the court decided to affirm the conviction on the drug charge but vacated the sentence for that charge, requiring resentencing. The conviction for obstructing an officer was upheld. One judge dissented.

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F 2001-378

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In OCCA case No. F 2001-378, Phillip Scott Coulter appealed his conviction for three counts of Lewd Molestation. In an unpublished decision, the court decided to reverse and remand for a new trial. One judge dissented. Phillip Scott Coulter was found guilty by a jury in a case about serious allegations of wrongdoing involving children. The trial happened in Kingfisher County, and the jury decided to give him a sentence of five years for each count. These sentences would be served one after the other. Coulter did not agree with the decision and asked the court to review the case. He raised several points to argue why the decision should be overturned. First, he said that the evidence wasn’t strong enough to support his conviction. He believed that there wasn’t enough proof that he acted inappropriately with any child. Next, he claimed that the prosecutor used improper tactics during the trial that made it unfair. He also said that his lawyer did not represent him well and this made it harder for him to defend himself in court. Lastly, he pointed out that he was not allowed to properly question one of the witnesses about things that had happened to her before, which he believed was important for his defense. After looking at all these arguments and the evidence presented during the trial, the court agreed that one of Coulter's rights was not respected. Specifically, they ruled that he was not allowed to question the witness in a way that could show whether she was being honest. This was important because it affected the outcome of the trial. Because of this, the court decided to reverse the conviction and said there would have to be a new trial. Since they were reversing the case based on this issue, they did not need to rule on the other arguments Coulter had made. In summary, the court found that Coulter's right to confront and question his accuser was not honored, leading to their decision to grant him a new trial.

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F 2001-171

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In OCCA case No. F 2001-171, Emily Dowdy appealed her conviction for Manslaughter in the First Degree (DUI). In an unpublished decision, the court decided to reverse the conviction and remand for a new trial. One judge dissented. Emily Dowdy was found guilty of causing a death while driving under the influence of alcohol. Her trial took place in January 2001, and she was sentenced to 25 years in prison. After her conviction, she appealed, arguing ten different points about why her trial was unfair. First, she claimed that she should not have been tried again because of double jeopardy, which means a person cannot be tried for the same crime twice. However, the appellate court said that this was not the case here because the state did not purposefully try to get a mistrial. Second, Dowdy wanted to present a defense that she was involuntarily intoxicated, meaning she did not intend to be drunk, but the court ruled that she could not do this, which the appellate court found was a mistake. This mistake was very important and led to the decision to give her a new trial. The appellate court emphasized that everyone has the right to defend themselves and present their story in court, which Dowdy was not allowed to do. The other points raised by Dowdy, such as claims of unfair trial processes, bias from the judge, and other trial errors, were not addressed because the court believed that the preclusion of her intoxication defense was enough to warrant a new trial. In the end, the appellate court said Dowdy should have another opportunity to present her case to a jury where she could defend herself fully. The judge's decision not to allow her intoxication defense to be presented was seen as very serious and unfair, leading the court to reverse the earlier judgment and order a new trial.

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F-2001-759

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In OCCA case No. F-2001-759, Joe Nathan Stargell appealed his conviction for Injury to a Minor Child. In a published decision, the court decided to affirm the judgment but remand the matter for a hearing on the Sheriff's Fees. One judge dissented regarding the length of the sentence, suggesting it should be reduced to three years.

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F-2001-281

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In OCCA case No. F-2001-281, Jimmy Lee Mullins appealed his conviction for Second Degree Murder, Leaving the Scene of an Accident involving Death, and Leaving the Scene of an Accident involving Non-Fatal Personal Injuries. In a published decision, the court decided that Mullins's conviction for Leaving the Scene of an Accident involving Non-Fatal Personal Injuries should be reversed and dismissed. The court confirmed his convictions for Second Degree Murder and Leaving the Scene of an Accident involving Death. One judge dissented.

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F 2000-1652

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In OCCA case No. F 2000-1652, Shaun Scott Sprowls appealed his conviction for Manufacturing a Controlled Dangerous Substance and Manufacturing a Precursor Substance. In a published decision, the court decided to affirm the conviction for Manufacturing a Controlled Dangerous Substance but reversed and dismissed the count for Manufacturing a Precursor Substance. One judge dissented. The case began when authorities found evidence suggesting Sprowls was making illegal drugs, which led to his trial. The jury found him guilty and recommended a long prison sentence along with fines. Sprowls argued that this evidence should not have been used because it was collected without a proper search warrant. He also claimed that he was unfairly punished multiple times for the same act, which violated his rights. After reviewing the case, the court agreed that Sprowls was punished twice for the same crime, so they reversed the second conviction and removed the fine associated with it. However, they determined that the evidence for the first charge was enough to support the jury's decision and that his sentence was fair. Ultimately, the court affirmed part of the decision but corrected what they saw as an error in punishing him.

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F-2001-313

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In OCCA case No. F-01-313, *Steven Wayne Robertson* appealed his conviction for *Attempted Burglary in the First Degree* and *Assault with a Dangerous Weapon*. In an unpublished decision, the court decided to affirm the convictions but modified the sentences to run concurrently. One judge dissented. Robertson was found guilty by a jury for two crimes. He was accused of trying to break into a house (attempted burglary) and attacking someone with a weapon (assault). The jury decided to give him a ten-year prison sentence for each crime, which would usually mean he would spend twenty years in prison, but the court later decided he would serve both sentences at the same time, totaling ten years. Robertson claimed that it was unfair to punish him twice for what he said was one event. However, the court concluded that the two charges were based on different actions and that he could be punished for both. They looked at the evidence, like a witness who saw him with an axe, showing he was dangerous. He also said he should have had the chance to argue that he only caused damage to property instead of trying to break in, but the court found that this was not needed based on the facts of the case. Finally, Robertson thought he did not get a fair trial because of some things the prosecutor said during the trial. The court agreed that there were improper comments but still decided to keep the guilty verdicts and just change the sentences so that he would serve ten years instead of twenty.

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F-2000-1262

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In OCCA case No. F-2000-1262, Robert Anthony Lamar appealed his conviction for Unauthorized Use of a Motor Vehicle. In an unpublished decision, the court decided to reverse his conviction and remand the case for a new trial. One judge dissented. Robert Anthony Lamar was found guilty by a jury of taking a U-Haul truck without permission. He claimed he only wanted to drive the truck to see what it felt like and intended to return it right after. The jury believed that he did not intend to keep the truck permanently, but the trial court did not let the jury consider a possible lesser charge of joyriding. Lamar raised several points in his appeal. He argued that it was unfair for the court to give the instructions it did without his request and that there wasn’t enough proof to show he meant to keep the truck. But the main issue was that he should have been able to have a chance to be judged on the lesser offense of joyriding, since his actions matched that claim too. The court found that joyriding was indeed a valid option for the jury to consider, and since the jury’s decision did not support the idea of him wanting to permanently take the truck, he deserved a fair chance to contest the lesser charge. Because of this, the court ruled that the prior judgment was reversed, and a new trial was ordered.

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F-2000-1308

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In OCCA case No. F-2000-1308, Recil Gravitt appealed his conviction for Distribution of a Controlled Dangerous Substance, Maintaining a Dwelling for Drugs, and Possession of a Controlled Dangerous Substance in the Presence of a Minor. In an unpublished decision, the court decided to affirm the convictions, but modified the fine on Count I to $10,000. One judge dissented.

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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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F-2000-1427

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In OCCA case No. F-2000-1427, John Vernon Dubiel appealed his conviction for possession of forged evidences of debt. In an unpublished decision, the court decided to affirm one count of the conviction but vacated two counts. One judge dissented on the issue of sentencing. Dubiel was charged with three counts of possessing forged checks. At trial, the jury found him guilty of all counts and recommended a long sentence for each, which the judge imposed to run one after the other. After Dubiel appealed, he argued that he was unfairly punished twice for the same crime and that the sentences were too harsh. The court agreed with Dubiel on the double jeopardy argument, stating that the law allows for only one punishment for having several forged checks at the same time. Because of this, they decided to cancel two of the counts against him but upheld the conviction for the first count. The court also found that any references to Dubiel's personal drug use during the trial were not significant enough to impact the fairness of the trial. Lastly, since they reduced his conviction, they did not need to further discuss the claim about excessive sentencing.

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F-2000-1313

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In OCCA case No. F-2000-1313, Robert Guy Wisner appealed his conviction for attempting to manufacture a controlled dangerous substance, unlawful possession of a controlled drug, and unlawful possession of marijuana. In a published decision, the court decided to affirm the judgment and sentence for the conviction of attempting to manufacture a controlled dangerous substance and unlawful possession of marijuana, but reversed the conviction for unlawful possession of a controlled drug, instructing to dismiss that count. One judge dissented.

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F-2000-1138

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In OCCA case No. F-2000-1138, the appellant appealed his conviction for Assault and Battery with a Dangerous Weapon. In an unpublished decision, the court decided to reverse the conviction and remand the case with instructions to dismiss. One judge dissented. The case involved David Land Ashlock, who was found guilty of Assault and Battery with a Dangerous Weapon after a jury trial in Creek County. The jury sentenced him to forty years in prison and a fine of ten thousand dollars. Mr. Ashlock raised three issues on appeal about his trial. First, he argued that the trial court made a mistake by not allowing a defense instruction about defending another person. Second, he claimed that he was denied a fair trial because the jury convicted him of a crime that was not in the original charges against him. Finally, he said the prosecutor made an error by trying to explain the term reasonable doubt during the trial. The court looked closely at these issues and agreed with Mr. Ashlock on the second point. They found that he was wrongfully convicted of a crime that was not explicitly charged against him. The original charges were about first-degree manslaughter, but during the trial, the jury was instructed on Assault and Battery with a Dangerous Weapon without Mr. Ashlock’s consent. The court said that when a defendant objects to a lesser crime being included in the instructions, they should have the right to decide to stick with the main charge only. Mr. Ashlock’s lawyer had clearly objected, and the trial court should have respected his choice not to include the lesser charge of Assault and Battery. Because of this error, the court decided that Mr. Ashlock did not receive a fair trial. They concluded that the trial court had made a mistake, which warranted reversing his conviction. As a result, the court instructed to dismiss the case entirely.

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F-2000-1531

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In OCCA case No. F-2000-1531, Thomas Paul Richardson appealed his conviction for First Degree Manslaughter and Unlawful Possession of a Controlled Drug. In a published decision, the court decided to affirm most of the convictions but modified the sentence for the drug possession charge to ten years. One judge dissented. Richardson was tried by a jury, found guilty of both crimes, and received a life sentence for manslaughter, twenty years for drug possession, and a ten-day jail term for speeding. The sentences were to be served one after the other. He raised several arguments about his trial and sentencing, including claims that his rights were violated and that he was given an unfair sentence. The court reviewed his claims and agreed that he was incorrectly sentenced for the drug possession charge, as the maximum penalty should have been ten years, not twenty. However, the court found no significant problems with other aspects of the trial, including the admission of certain testimonies and the conduct of the prosecutor. They believed the errors did not change the outcome or harm Richardson's chances for a fair trial. Overall, the court decided to lessen Richardson’s drug sentence while keeping the other convictions intact.

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F-2000-484

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In OCCA case No. F-2000-484, Sam Henry Watkins appealed his conviction for Endeavoring to Manufacture Methamphetamine. In an unpublished decision, the court decided to reverse his conviction and remand the case for a new trial. One judge dissented. Watkins was tried in a court without a jury and found guilty of trying to make methamphetamine. He was given a 20-year prison sentence. Watkins claimed that there were several mistakes made during his trial that should change the decision. He argued that: 1. He did not properly give up his right to have a jury trial. 2. The police illegally took evidence from him and questioned him. 3. Inappropriate evidence was used against him, which made his trial unfair. 4. He did not have good help from his lawyer. The court looked carefully at all these points and the entire situation. They concluded that Watkins did not show that he willingly gave up his right to a jury trial, which was important. The court noted that there was no proof that he understood what giving up that right meant. Therefore, this was a mistake. As for the evidence collected from Watkins, the court decided that it did not need to change the decision. The court found no error in the way the police handled the evidence during his detention. In the end, the court reversed Watkins's conviction and sent the case back for a new trial. This meant that he would get another chance to defend himself against the charges.

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F-2000-771

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In OCCA case No. F-2000-771, Jeffrey Allen Brown appealed his conviction for Attempted Escape from the Department of Corrections. In an unpublished decision, the court decided to affirm the conviction. One judge dissented. The case began when Brown was tried in the District Court of Comanche County and found guilty of Attempted Escape, which is against the law. His punishment was a twenty-year prison sentence, the minimum allowed. Brown did not agree with his conviction and appealed it. Brown had three main reasons for his appeal. First, he believed that he did not get a fair trial because a witness for the state shared something that Brown had not been told about before his trial. This made him feel like he was surprised or ambushed during the trial. Second, Brown thought that the evidence presented against him was not strong enough to prove he tried to escape. Third, he argued that the judge was unfair by giving him a longer sentence because he chose to have a jury trial instead of accepting a plea deal. After looking closely at the evidence and listening to all arguments, the court found that although the state did not share everything with Brown's lawyer in time, it did not change the outcome of the trial. The judges said that even with the surprise testimony, there was enough evidence to show that Brown attempted to escape. Regarding the sentencing, the judges agreed that the trial judge had made a mistake by giving Brown a harsher sentence just because he decided to have a jury trial. However, since Brown had a serious criminal history with six previous felony convictions, the judges felt the mistake did not require a new sentencing. In conclusion, the judges decided that Brown's conviction and sentence would remain as they were.

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F-2000-912

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In OCCA case No. F-2000-912, Jerry Leon McManus, Jr. appealed his conviction for several serious crimes, including Kidnapping, Assault, Rape by Instrumentation, and Sodomy. In an unpublished decision, the court decided to modify his convictions on two counts to a lesser charge and change the sentences but upheld his other convictions. One judge dissented. The case started in a court in Muskogee County where McManus was accused of multiple crimes against a victim. A trial jury found him guilty of most counts after being directed that he was not guilty of a few charges. Each of the remaining charges led to a life sentence that would run at the same time. On appeal, McManus presented several arguments about why he should not have been convicted. He said the trial court did not explain the rules correctly regarding one type of crime, leading to confusion. He also argued that the court allowed some evidence about past actions of his that were not relevant to the case, and he believed this affected the fairness of the trial. Furthermore, he claimed the prosecutor made improper comments during the trial and said there wasn’t enough evidence to support his convictions for certain crimes. The court reviewed these arguments carefully. It agreed with McManus on one point: the jury should have been instructed properly about the crime of Rape by Instrumentation. Since the jury was incorrectly steered towards a greater charge, the court decided to change McManus's convictions for this specific crime to a lesser offense of Second Degree Rape by Instrumentation and adjusted his sentence to fifteen years for those two counts instead of life imprisonment. However, the court found that even though some evidence from old crimes should not have been shared, it did not change the outcome of the trial. The jury's decision was seen as just because there was enough solid evidence presented against McManus. The court also thought that despite various issues raised during the trial, those did not combine to make the trial unfair or warrant a full reversal of all convictions. In summary, while the court changed some aspects regarding the Rape by Instrumentation, they affirmed the rest of the convictions and sentences for McManus, deciding he would serve a reduced time for the lesser charges but still maintain his convictions for the other serious crimes.

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