Fair Trial

F-2012-721

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In OCCA case No. F-2012-721, Deshaunte Devon Coulter appealed his conviction for Robbery with a Dangerous Weapon. In an unpublished decision, the court decided to affirm Coulter's conviction and sentence but vacated the restitution order, directing a new determination of the victim’s loss. One judge dissented. Coulter was found guilty by a jury and sentenced to thirty years in prison, along with an order to pay $2,300 in restitution. He raised several issues on appeal, including claims of unfair trial due to the admission of other crimes evidence, DNA evidence issues, prosecutorial misconduct, and excessive sentencing. The court looked closely at each of Coulter’s arguments. For the first claim about other crimes evidence, the court found there was no actual error because the officers’ testimonies did not specifically reference other crimes involving Coulter. Since Coulter did not challenge this during the trial, he could only appeal on the grounds of plain error, which the court ruled did not occur. In the second argument about DNA evidence, the court noted that Coulter had not shown that the State had erred. The evidence was timely provided, and the court did not find a Brady violation regarding the lack of lab notes since Coulter did not request them in time. For the third claim of prosecutorial misconduct, the court found that there was no actual error. The prosecutor’s comments during the trial were not improper, and thus did not violate Coulter's rights. In the fourth argument, regarding the claim that his sentence was excessive, the court concluded that the sentence fell within the legal limit and was not shockingly inappropriate under the circumstances. In the fifth claim, which concerned the assessment of restitution, the court found that the trial court did not follow proper procedures. The evidence presented at the sentencing didn’t adequately prove the victim's financial losses, so the restitution order was vacated. Finally, Coulter claimed that the cumulative effect of all errors deprived him of a fair trial, but the court found that wasn't the case. The decision affirmed Coulter's conviction and sentence while remanding the restitution matter for proper evaluation.

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F-2012-167

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In OCCA case No. F-2012-167, Bryan Decheveria Aragon appealed his conviction for robbery with a firearm, assault and battery with a dangerous weapon, conspiracy to commit a felony, burglary in the first degree, kidnapping, and possession of a firearm in the commission of a felony. In an unpublished decision, the court decided to affirm some of Aragon's convictions but reversed others. One judge dissented. Aragon was found guilty of several serious charges, including robbery, assault, and kidnapping, after a jury trial in the District Court of Cleveland County. The jury handed down various sentences, adding up to a long term in prison. Aragon argued that errors occurred during his trial, including the prosecution calling co-defendants who refused to testify, which he claimed violated his rights. He also pointed out concerns about the prosecutor’s conduct and whether he faced multiple punishments for the same criminal act. The court found that the prosecutor’s decision to call the co-defendants did not require a reversal. Even though the co-defendants didn’t answer every question, they provided some responses and were available for cross-examination. Therefore, this did not infringe upon Aragon’s rights. The court also ruled that any claims regarding prosecutorial misconduct did not significantly impact Aragon's fair trial. However, the court acknowledged that Aragon’s conviction for possessing a firearm during a felony had to be dismissed, as it did not comply with legal standards. The kidnapping charge was also reversed because it arose from the same act as the robbery, which meant that it violated rules against double punishment. On the other hand, the charges for robbery and assault were allowed to stand since they were considered separate actions. In summary, the decision affirmed most of the judgment and sentences but reversed those related to kidnapping and possession of a firearm.

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F-2011-509

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In OCCA case No. F-2011-509, Mark Anthony Clayborne appealed his conviction for Perjury by Subornation and Allowing the Production of a False Exhibit. In an unpublished decision, the court decided to affirm the conviction for Perjury by Subornation but reversed the conviction for Allowing the Production of a False Exhibit. One judge dissented. Clayborne, a lawyer, represented a defendant accused of selling drugs. During the trial, he presented a video as evidence showing his client was in Mexico at the time of the alleged crime. However, a forensic video analyst testified that the date stamp on the video was altered. As a result, Clayborne was charged with subornation of perjury for allowing false evidence and for producing a false exhibit. Throughout his appeal, Clayborne raised several issues. He argued that the trial court made errors by improperly answering jury questions, violating his rights due to prosecutorial misconduct, and mishandling evidence. He also contended that certain jury instructions were incorrect, particularly a lack of clear mention of required knowledge of the false exhibit. The court ruled that while there was an error regarding jury instructions, it was not enough to require a reversal of the conviction for subornation of perjury because the outcome was still supported by strong evidence. However, they found that the trial court erred in how they handled the issues related to the false exhibit, leading to that conviction being overturned. The decision covered various claims of error including jury questions, prosecutorial misconduct during closing arguments, and evidence issues. Ultimately, the court decided to keep one conviction while reversing the other due to significant procedural concerns.

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F-2011-661

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In OCCA case No. F-2011-661, Mark Tracey Vernon appealed his conviction for five counts of First Degree Rape by Instrumentation and one count of Forcible Oral Sodomy. In a published decision, the court decided to reverse his conviction and remand the case for a new trial. One judge dissented. Vernon had been found guilty in a non-jury trial and sentenced to life imprisonment on the rape charges and twenty years for the sodomy charge, with the sentences to be served one after another. Initially, he faced fourteen counts of rape and five of sodomy, but some were dismissed or he was acquitted of others during the trial. Vernon claimed that he did not receive a fair trial due to ineffective assistance from his lawyer. The court agreed and found that his defense attorney did not present important evidence that could have helped Vernon. This included failing to interview a witness who might have provided helpful information and not questioning the investigating officer about past allegations against one of the victims. The court noted that these mistakes were not part of a reasonable trial strategy. After reviewing the trial and additional evidence presented during a hearing, the court decided that Vernon's lawyer's performance was inadequate. Because of this, they believed that the trial's outcome could have been different if the mistakes had not happened. Vernon's judgment was reversed, and the case was sent back for a new trial to ensure that he gets a fair chance to defend himself.

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F-2011-866

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In OCCA case No. F-2011-866, Emanuel D. Mitchell appealed his conviction for Murder in the First Degree and Conspiracy to Commit a Felony (Robbery with a Dangerous Weapon). In a published decision, the court decided to reverse his convictions and remand the case for a new trial where Mitchell may have the chance to represent himself. One judge dissented. Mitchell was found guilty of serious crimes and was sentenced to life imprisonment for murder and additional years for conspiracy. He felt he was not being properly defended by his attorney and had asked multiple times to have his attorney replaced. Eventually, he requested to represent himself, expressing dissatisfaction with his legal counsel. The court found that Mitchell’s request to represent himself was clear and that he understood the risks of doing so. The court concluded that he had the constitutional right to self-representation, which had been violated when his request was denied. Although the court addressed other issues raised in Mitchell’s appeal, the main reason for the reversal was the denial of his right to represent himself. The dissenting opinion argued that the trial court acted correctly by not allowing Mitchell to self-represent due to his disruptive behavior during the trial process. In summary, the decision allows Mitchell another opportunity to conduct his own defense, considering that he properly requested this right before the trial proceedings were fully underway.

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F-2011-1062

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In OCCA case No. F-2011-1062, Scott Allen Phillips appealed his conviction for Lewd Molestation. In an unpublished decision, the court decided to affirm Phillips' conviction and sentence, but remanded the case for consideration of whether Phillips' sentence should be suspended. One judge dissented. Scott Allen Phillips was found guilty by a jury of Lewd Molestation, which is a serious crime involving inappropriate touching of a child. He was sentenced to 25 years in prison, during which he must serve at least 85% before he can be considered for parole. Phillips claimed there were several errors during his trial that should lead to his conviction being overturned. Phillips argued that the prosecutor presented too many instances of inappropriate touching without clearly stating which one he was being accused of for the charge. He also believed there wasn't enough evidence to support the conviction. Additionally, he stated that the judge's decision not to consider a less severe punishment for him was unfair because he exercised his right to a jury trial. Phillips raised multiple issues during the appeal. The court looked at arguments closely and decided that the prosecutor's actions were correct and that they followed the law. They found that there were enough facts for the jury to conclude that Phillips had molested the child. The judges pointed out that the jury's role is to decide who they believe and what evidence to trust. Regarding the sentencing process, the judges noted that the trial judge didn't consider Phillips' request for a lesser sentence. This became important because a judge is expected to think about such requests carefully, regardless of whether the defendant went to trial. This is why the court decided to give the case back to the lower court for a fresh look at Phillips' request for a suspended sentence. Another major point Phillips raised was his concern about how the trial was handled. He asked to speak with jurors after the trial ended, hoping to gather more insight about their decision. However, the court said this was not allowed because jurors cannot discuss their deliberations or decisions after the trial is over. The court also examined the use of videotaped evidence during the trial. Phillips complained that the videos of the alleged victim’s statements should not have been shown again to the jurors while they were discussing. However, the judges felt the decision to show the videos was acceptable and did not harm Phillips' chances at a fair trial. Ultimately, the judges concluded that they would not disturb Phillips' conviction since there was sufficient evidence and no significant errors during the trial that affected the outcome. However, they did want the lower court to look again at Phillips' request for a suspension of his sentence, ensuring he had a fair chance at having that request reviewed properly. In conclusion, the court affirmed the conviction and sentence while allowing the opportunity for reconsideration regarding the potential suspension of the sentence, which shows that even in serious cases, there are processes in place to ensure fair treatment under the law.

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F-2012-499

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In OCCA case No. F-2012-499, Richard Harold Bazemore appealed his conviction for Sexual Abuse of a Child (Counts I-VI) and Lewd or Indecent Acts With a Child Under Sixteen (Count VIII). In a published decision, the court decided to affirm his convictions but modified the presentence investigation fee to $250.00. One judge dissented.

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F-2012-168

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In OCCA case No. F-2012-168, Tommie Joe Moore appealed his conviction for Distribution of a Controlled Dangerous Substance, Possession of a Controlled Dangerous Substance, and Trafficking in Illegal Drugs. In a published decision, the court decided to affirm Moore's convictions but modified his fine on one count. One judge dissented. Moore was found guilty after a jury trial and received a sentence of twenty years for Distribution and a $25,000 fine, ten years for Possession and a $7,500 fine, and twenty-five years for Trafficking with another $25,000 fine. The sentences for the Distribution and Possession counts were ordered to be served at the same time, but the Trafficking sentence was to be served afterward. Moore raised several points in his appeal. He argued that the fine for the Distribution count was too high and that it should be corrected. He claimed that the jury should have been instructed about a lesser charge related to Possession and that he did not get a fair trial because of mistakes made during the trial, including some comments made by the prosecution. He also stated that the sentences he received were too harsh and should not have been served one after another, but at the same time. After reviewing all the evidence and arguments, the court agreed that the fine for the Distribution count was indeed too high and changed it to $10,000. However, the court found that there was no need for a lesser charge instruction, and that the prosecution's actions did not affect the fairness of Moore's trial. The sentences given to Moore were within legal limits, and the court did not think they were excessively harsh. In the end, the court affirmed Moore's convictions but made a change to reduce the fine in one of the counts. This meant that while the convictions stood, Moore would not have to pay the original high fine, and he could continue to serve his sentences as ordered.

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F 2011-1045

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In OCCA case No. F 2011-1045, Joshua Paul Nosak appealed his conviction for first-degree manslaughter, leaving the scene of a fatal accident, driving without a driver's license, and assault with a dangerous weapon. In an unpublished decision, the court decided to affirm his convictions but ordered that the case be sent back to fix a mistake in the sentencing. One judge disagreed with the decision. Nosak was found guilty of serious crimes after a jury trial. The jury decided he was guilty of first-degree manslaughter for driving while impaired and also found him guilty of leaving the scene of an accident after someone died. He was sentenced to a total of 50 years in prison for the manslaughter charge and received additional time and fines for the other offenses. Nosak's appeal raised several arguments. First, he believed that the court should not have allowed a specific charge against him because the underlying misdemeanor wasn't strong enough to support the manslaughter charge. However, the court found that this didn't really hurt his case because the jury found him guilty on other grounds. Second, Nosak argued that the court allowed bad evidence to be presented, which shouldn't have been allowed. The court found that he didn't object to this during the trial, so they couldn’t rule on it unless it was obviously wrong and affected his rights, which they determined it did not. Third, he claimed that he didn’t get good help from his lawyer. However, the court said that because the evidence against him was very strong, he could not show that he was harmed by any mistakes made by his attorney. The fourth point was about correcting mistakes in the court's decision regarding his punishment. The court accepted that there were errors in the sentencing order and decided to send the case back to fix them. Finally, Nosak argued that the many errors combined made it impossible for him to have a fair trial. But the court found that there were no individual mistakes that were serious enough to change the trial's outcome. In conclusion, the decision meant that while Nosak's convictions were upheld, the court would correct the sentencing mistakes before finalizing the case. One judge disagreed with this conclusion, but the others agreed with the majority opinion.

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F-2011-1054

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In OCCA case No. F-2011-1054, Michael Don Bryant appealed his conviction for Grand Larceny. In a published decision, the court decided to affirm Bryant's conviction and sentence but ordered that his Judgment and Sentence be corrected to accurately reflect the crime he was convicted of. One judge dissented. Michael Don Bryant had a trial by jury and was found guilty of Grand Larceny in Logan County. He was sentenced to one year in prison and had to pay a fine. After the trial, Bryant appealed, claiming a few mistakes happened during his trial. First, he said that the prosecutor made some unfair comments during closing arguments that hurt his chances of a fair trial. Bryant believed that the way the prosecutor spoke about his defense was wrong and led the jury to be biased against him. However, the court did not agree that these comments made the trial unfair. Second, he argued that a police officer gave evidence that should not have been allowed in the trial. The officer talked about the surveillance cameras and the cables that were involved in the case. Again, the court found that while the officer's comments might have seemed odd, they did not prove to be a big mistake in the trial. Lastly, Bryant pointed out that there was a problem with the official documents after his trial. The papers said he was convicted of embezzlement, but he was actually found guilty of Grand Larceny. Bryant wanted the court to fix this mistake and to make sure he got credit for time he had already served in jail. The court agreed that there was a mistake in the official documents and sent the case back to fix the paperwork. However, they kept Bryant's conviction and sentence the same.

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F-2011-1047

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In OCCA case No. F-2011-1047, Melvin Edward Dan appealed his conviction for robbery with a dangerous weapon, burglary in the first degree, and possession of a firearm after previous juvenile adjudication for a felony. In an unpublished decision, the court decided to affirm the convictions for robbery and burglary, but reverse the conviction for possession of a firearm. One judge dissented.

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F-2011-671

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In OCCA case No. F-2011-671, Cruz appealed his conviction for Assault and Battery with a Dangerous Weapon. In an unpublished decision, the court decided to affirm his conviction and sentence. One judge dissented. Cruz was found guilty because he used a knife to attack another person. The main question was whether he acted in self-defense. The jury believed that Cruz was the aggressor and that the victim was unarmed when he was attacked. Cruz said he acted in self-defense, but the court found that the jury had enough evidence to support their decision that he did not qualify for this defense. Cruz raised several issues in his appeal. Firstly, he claimed that the evidence was not strong enough to convict him. However, the court said that the evidence was enough for a reasonable person to conclude that he was guilty without self-defense. Next, Cruz said there was a problem with how the jury was chosen and that it affected the trial. The court disagreed and said that the trial judge acted correctly when explaining how long the trial would take. Cruz also mentioned that he should have been credited for the time he spent in jail before the trial. The court agreed that this was an important point but noted there was no written record of this credit. However, they decided the case should be sent back to the lower court to correct this and make sure he received proper credit. He argued about the restitution order, saying the court should have determined how much he needed to pay. The court stated there was no error because a hearing was scheduled to decide on restitution after he was released. Cruz felt that the sentence he received was too harsh and that the fee for his attorney was excessive. The court ruled that the sentence was fair considering the crime and that the attorney fee would be reviewed later to check if it needed to be lowered. Lastly, Cruz claimed all the mistakes added up to mean he did not have a fair trial. The court ruled there were no real errors, so this point did not apply. In conclusion, the court confirmed the conviction and sentence but ordered that Cruz's sentence be revised to include credit for time served.

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F-2011-656

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In OCCA case No. F-2011-656, Jason Kenneth Dimaggio, Jr. appealed his conviction for multiple crimes, including robbery and assault. In an unpublished decision, the court decided to reverse one conviction but affirmed all others. One judge dissented. Jason Dimaggio was found guilty of several offenses that occurred during a violent crime spree in two Oklahoma counties. His crimes included robbery with a weapon, assault with a dangerous weapon, and other charges. He received lengthy sentences, with some of them being consecutive, meaning he would serve them one after another. During the appeal, Dimaggio argued that he didn't get a fair trial for several reasons. He claimed that some evidence about other crimes should not have been allowed, and that he was denied the chance to confront witnesses due to hearsay evidence. His main points included: 1. Other-crimes evidence was presented improperly. 2. Hearsay evidence was used against him. 3. The trial court allowed irrelevant photographs of him to be shown to the jurors. 4. There was misconduct by the prosecutor. 5. The jury was incorrectly instructed about his flight after crimes. 6. The combined effect of errors denied him a fair trial. 7. The court should not have ordered his sentences to be served consecutively. 8. He was unfairly punished multiple times for the same conduct. 9. The evidence did not support some of his convictions. The court reviewed all these claims and found that the evidence about earlier crimes was acceptable as part of the overall story of the events. Although there were issues with some evidence, like the photographs, the judges felt the impact on the trial was not significant enough to change the outcome because there was strong evidence against Dimaggio from witnesses. Regarding the prosecutor’s comments during the trial, the court noted that errors weren’t severe enough to matter because they were not objected to at the time. They also agreed that the jury's instruction about flight wasn't appropriate, but again, it didn't affect the strong evidence of guilt. Dimaggio’s claims of double jeopardy (being punished twice for the same crime) regarding his convictions for assault and fleeing from a police officer were not supported. The court ruled that the crimes were separate and had different elements. However, the court did agree that he should not be convicted for possession of a controlled substance because it was part of the robbery and should not have been counted as a separate crime. Thus, that conviction was reversed. In conclusion, except for the reversed conviction, the court upheld Dimaggio's multiple sentences and affirmed the trial court’s decisions in all other respects.

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F-2010-1237

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In OCCA case No. F-2010-1237, James Lee Gilford, Jr. appealed his conviction for robbery with a weapon, assault and battery with a dangerous weapon, assault while masked or disguised, and first-degree burglary, each after prior felony convictions. In an unpublished decision, the court decided to reverse his convictions for assault and battery with a dangerous weapon and assault while masked or disguised but affirmed his convictions for robbery with a weapon and first-degree burglary. One judge dissented regarding the reversal of one of the convictions. The case began when Gilford was tried by a jury and convicted on several counts. The jury decided that Gilford should spend life in prison for each count, and the sentences were ordered to be served one after the other. Gilford appealed, raising several issues, including concerns about jury selection, due process, multiple punishments for the same act, and inaccuracies in his judgment and sentence. 1. **Jury Selection**: Gilford argued that the prosecutors unfairly removed minority jurors. The court found that the prosecutor had provided good reasons for these removals, and Gilford did not prove any discrimination occurred in the jury selection process. 2. **Due Process Rights**: Gilford claimed he was denied a fair trial because the state didn't share some important information about a key witness. However, the court determined that this did not affect the outcome of the trial significantly. 3. **Multiple Punishments**: The court analyzed whether Gilford's convictions were for separate crimes or for just one act. Gilford's robbery, where he stabbed the victim and took his things, was connected to assaults he committed during that event. The court decided that the assault and battery charges arose from the same action as the robbery and therefore fell under laws that prevent punishing someone twice for the same act. 4. **Judgment and Sentence Issues**: Since the court reversed the assault charges because they were multiple punishments for a single act, they found that any inaccuracies in the sentencing for those charges didn't matter anymore. The final decision was that Gilford's sentences for robbery with a weapon and first-degree burglary would stay, while the court ordered the other two charges to be dismissed due to legal protections against multiple punishments. There was a dissenting opinion by one judge who felt that the conviction for assault while masked should not have been reversed.

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F-2011-563

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In OCCA case No. F-2011-563, Ronnie Lee Martin appealed his conviction for Trafficking in Illegal Drugs After Former Conviction of Three Felonies. In an unpublished decision, the court decided to reverse the conviction and remand for further proceedings consistent with the opinion. One judge dissented. Ronnie Lee Martin was found guilty after a bench trial, meaning there was no jury, and received a life sentence without the chance for parole. Martin's case stemmed from a traffic stop where drugs were discovered in his possession. The police officer who stopped the car noticed Martin acting suspiciously and later found a substantial amount of crack cocaine during a search of Martin's belongings. Initially, Martin was charged with possession of cocaine with the intent to distribute, which could have resulted in a sentence of four years to life. However, a plea deal of ten years was offered but not accepted due to Martin's attorney advising against it. Later, after more evidence was presented, Martin was charged with the more serious crime of trafficking, which led to a mandatory life sentence without parole. Martin claimed his attorney failed to provide effective counsel, particularly in advising him about the plea deal. The court found his attorney's performance to be deficient, as he did not read important documents that would have clarified the seriousness of Martin’s situation. Additionally, the attorney failed to prepare properly for both pretrial motions and the trial itself. The court looked at the history of Martin's defense lawyer and noted that this attorney had been previously disciplined for ineffective practices, which raised concerns about Martin's representation throughout the trial. The judge stated that Martin was denied a fair trial, and as a result, the court had no choice but to reverse the conviction and send the case back for a new trial. In summary, the court determined that due to many errors made by Martin's lawyer, he did not receive sufficient legal representation, and therefore, his convictions could not stand. Martin’s journey through the legal system was marked by these failings, which ultimately led to the court's decision to give him another chance to defend himself properly.

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F-2011-480

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In OCCA case No. F-2011-480, Huyen Ai Thi Tran appealed his conviction for perjury. In a published decision, the court decided to remand the case for correcting the fine but otherwise affirmed the conviction. One judge dissented. Ms. Tran was found guilty of perjury by a jury and was sentenced to ten years in prison, with three years to be served. Ms. Tran raised several issues in her appeal. She claimed that evidence from other crimes unfairly influenced the jury, which made her trial unfair. She argued that the trial court mentioned she was in custody for an unrelated matter and that her co-defendant talked about other crimes during the trial. However, the court found these issues did not have significant impact. She also argued that the prosecutor asked questions that brought up evidence about other crimes without proper warning, but the court decided these errors didn’t affect the outcome. Ms. Tran argued that her right to remain silent was violated when the jury heard that she had refused to answer questions in a previous case. The court noted that the trial judge intervened and instructed the jury to ignore that testimony. Another point Ms. Tran made was about her lawyer's failure to challenge a juror who was a police officer. Ms. Tran’s lawyer did not pursue this challenge, but the court found that it was not a serious issue since the juror was not working in law enforcement at the time of the trial. Ms. Tran then pointed out that the fine noted in the final judgment was different from what the court initially stated during sentencing. The court agreed to correct this mistake. Lastly, Ms. Tran suggested that all these issues combined created a harmful effect on her case. However, the court concluded that any significant errors were not enough to change the trial’s outcome due to strong evidence against her. The final decision required the correction of the fine in the records, but the conviction for perjury was largely upheld.

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F-2010-1079

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In OCCA case No. F-2010-1079, Dale Anthony Chambers appealed his conviction for two counts of Child Sexual Abuse. In a published decision, the court decided to reverse the judgment and remand the case for a new trial. One judge dissented. The case involved allegations made by Chambers's twelve-year-old stepdaughter against him, claiming he had sexually abused her while her mother was away. The girl testified that the abuse began in early 2009 and included inappropriate sexual acts and exposure to adult content. She ultimately revealed the abuse to her mother after first denying it, fearing punishment. Chambers's appeal centered around several arguments, particularly that he was denied his right to confront witnesses against him. This was due to the admission of evidence from a sexual assault examination report that included statements from a forensic interviewer who did not testify at trial. The court found that this violated Chambers's constitutional rights under the Sixth Amendment, which guarantees the right to confront witnesses. The court assessed whether this error affected Chambers's substantial rights and the fairness of his trial. They noted that the admission of hearsay evidence was significant and that it likely influenced the jury's verdict, as the report was specifically requested during deliberations. Since the physical evidence was not strong, the judge emphasized that the case heavily relied on the victim's testimony alone. In conclusion, the court ruled that the improper admission of evidence was not harmless and reversed the conviction, ordering a new trial for Chambers.

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F 2010-1128

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In OCCA case No. F 2010-1128, Chad Allen Turner appealed his conviction for conspiracy to manufacture a controlled dangerous substance (methamphetamine) and conspiracy to traffic a controlled dangerous substance (methamphetamine). In an unpublished decision, the court decided to reverse the conviction for conspiracy to manufacture and affirm the conviction for conspiracy to traffic. One judge dissented. Chad Allen Turner was found guilty of two crimes involving methamphetamine. He was given two years in prison for one crime and fifteen years for the other, and he was ordered to serve these sentences one after the other. Turner believed his convictions were not fair for several reasons. He argued that there was not enough evidence to prove he was guilty of conspiracy to traffic methamphetamine. He also claimed that the prosecutors did not properly show how they handled the evidence of the drugs. Additionally, he felt the prosecutors did not tell the jury about any deals made with witnesses and made mistakes during their closing arguments that hurt his chance for a fair trial. Turner raised several other points about why he thought he should not have been convicted. He argued that he was punished twice for the same crime and that he didn’t get enough notice about the charges against him. He also believed he should have been given instructions about a lesser charge related to the crime. He felt that the court made mistakes during the trial that made it hard for him to get a fair outcome. After looking at all the facts and arguments presented, the court decided that there wasn’t enough proof to uphold one of the conspiracy charges against Turner. They agreed with his argument that there was only one conspiracy agreement, which made it unfair to convict him of both conspiracy charges. Therefore, the court reversed the conviction linked to that charge. However, the court found that there was enough evidence for the conspiracy to traffic charge, and they affirmed that conviction. In the end, the court told Turner that one of the charges against him was overturned and the other charge stood. The dissenting judge had a different opinion about some parts of the decision. In summary, the court agreed to reverse one of Turner's convictions but kept the other, affecting the total time he would spend in prison.

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F-2010-644

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In OCCA case No. F-2010-644, Jones appealed his conviction for kidnapping, possession of cocaine, and possession of drug paraphernalia. In a published decision, the court decided to affirm the convictions but vacate the fine related to the drug paraphernalia charge. One judge dissented. Jones was found guilty after a jury trial in which he faced several charges, including kidnapping and drug offenses. The jury sentenced him to thirty years for the kidnapping and twenty years for the cocaine possession, with the drug paraphernalia charge resulting in one year and a $1,000 fine. In his appeal, Jones raised multiple issues, including whether the jury was properly instructed, if his trial was fair, and if his lawyer was effective. He specifically challenged how the trial was conducted regarding the instructions given to the jury and the evidence allowed by the court. The court found that the jury had been adequately instructed and that any mistakes made in the instructions did not affect the final outcome of the trial. While it agreed that the jury was improperly instructed about determining punishment in a bifurcated trial for the misdemeanor charge, it noted that all of his sentences ran concurrently, which reduced the impact of that error. Jones also argued that introducing evidence of his other crimes was unfair, but the court decided that this evidence was relevant and crucial for the jury to understand the context of the case. As for his claim of ineffective assistance of counsel, the court ruled that Jones failed to demonstrate how his lawyer's performance was deficient or how it affected the outcome of his trial. The court concluded that the evidence was sufficient for the charges against him and found that his sentences were appropriate, rejecting his claim that they were excessive. Finally, when considering if the combined errors denied him a fair trial, the court decided that the errors did not undermine his conviction, except for vacating the fine of $1,000 for the drug paraphernalia charge. Overall, the court affirmed the convictions for kidnapping and possession of cocaine but made one adjustment regarding the fine for the drug paraphernalia charge due to a procedural issue.

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F-2010-203

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In OCCA case No. F-2010-203, Travis Lee Danley appealed his conviction for First Degree Murder and other charges. In a published decision, the court decided to modify his conviction for Larceny from a House to Petit Larceny but affirmed the other convictions. One judge dissented. Danley was found guilty of two counts of First Degree Murder, Second Degree Arson, Larceny from a House, and Larceny of an Automobile, and sentenced to life in prison without parole on the murder counts, among other sentences. The events occurred on August 31, 2008, when Danley shot two victims in a home after an argument, attempted to cover up the crime, and fled the scene with stolen items. During his trial, Danley raised several issues on appeal, including that the district court should have declared a mistrial after the jury heard testimony about his probation, whether there was enough evidence for the larceny conviction, prosecutorial misconduct, claims of ineffective assistance of counsel, and cumulative error from the trial. The court found that the mention of Danley being on probation did not prejudice the trial significantly and upheld the district court's ruling. However, it agreed with Danley that the evidence did not support a conviction for Larceny from a House, as he was a guest in the home and did not unlawfully enter. Therefore, his charge was modified to Petit Larceny due to insufficient evidence regarding the value of the stolen items. Claims of prosecutorial misconduct were also considered, with the court noting that the prosecutor's questions and comments did not render the trial unfair. Danley’s argument regarding ineffective assistance of counsel was rejected, as the jury instructions were deemed adequate at the time of the trial. Lastly, the court ruled that even if there were errors during the trial, they did not cumulatively harm Danley's right to a fair trial. In summary, the court affirmed most of the trial's decisions but modified one conviction due to insufficient evidence, affirming the principle that defendants deserve fair treatment under the law.

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F-2010-651

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In OCCA case No. F-2010-651, Frank Leroy Gibson appealed his conviction for Manufacture of Controlled Dangerous Substance (Methamphetamine) and Unlawful Possession of Drug Paraphernalia. In an unpublished decision, the court decided to affirm Gibson's convictions but modified his sentence on Count I to 25 years of imprisonment instead of Life. One judge dissented regarding the sentencing modification. Gibson was found guilty by a jury of manufacturing methamphetamine and possessing drug paraphernalia after a police search of his home. The jury considered various pieces of evidence, including burned pseudoephedrine blister packs and a coffee grinder with traces of the drug. Gibson argued that there wasn't enough evidence to prove he manufactured methamphetamine, but the court disagreed, stating sufficient circumstantial evidence pointed to his involvement. Gibson also raised concerns about how the jury was instructed regarding a question they had during sentencing discussions. He claimed the response given by the judge was improper. However, the court found that the response did not negatively affect his rights. Another point of appeal involved how the State proved Gibson’s prior felony convictions. Gibson argued that the use of certain documents to establish his past convictions was wrong. The court noted he did not object to this during the trial, so it upheld the use of the documents. Gibson also claimed that his post-arrest silence was mentioned inappropriately during the trial, which could lead to unfair treatment. The court assessed this point and found that the reference did not affect the fairness of the trial overall. Gibson argued that the prosecutor acted inappropriately during the trial, making inflammatory comments and expressing personal opinions. The court examined these claims and concluded that while some comments by the prosecutor were improper, they did not affect the outcome of the trial. There was also a concern about the trial judge informing the jury that Gibson's attorney was facing criminal charges. The court acknowledged the trial court's comments were poorly chosen but ultimately decided that they did not cause significant harm to Gibson’s case. The court determined that while Gibson's sentence was initially excessive due to the previous errors and comments related to the trial, the evidence of his guilt was strong, and thus reduced his sentence on the methamphetamine charge to 25 years in prison. The possession charge remained unchanged and the sentences were to run concurrently. In conclusion, while Gibson’s convictions were upheld, the court modified his sentence for fairness considering the cumulative effects of the prosecutor's statements and the judge's comments.

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M 2010-1026

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In OCCA case No. M 2010-1026, Luck appealed his conviction for Malicious Mischief. In a published decision, the court decided to affirm the judgment and sentence but vacate the restitution order, remanding the matter for a hearing to determine the correct amount of restitution. No dissent was registered.

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C-2010-1179

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In OCCA case No. C-2010-1179, Donnell Devon Smith appealed his conviction for multiple crimes including robbery, sexual battery, and others. In an unpublished decision, the court decided to deny his appeal. One judge dissented. Smith was charged with various offenses in multiple cases and pleaded guilty to all charges on October 19, 2010. He received several sentences, some of which were life sentences, and others ranged from ten to twenty years. After entering his pleas, Smith requested to withdraw them, saying he felt coerced and that he had not been properly informed about the punishments he faced for his crimes. The court looked at three main points raised in Smith's appeal: 1. Smith argued he should be allowed to withdraw his plea for one count of attempted robbery because the ten-year sentence he received was too long. The court found that his sentence was actually five years too long and modified it to the correct five-year maximum. 2. Smith claimed he did not understand the range of sentences for some charges and that this lack of understanding meant his pleas were not voluntary. The court decided that while he had been misadvised, the pleas still appeared to be valid overall because he benefitted from how the sentences were set up to run concurrently. 3. He asserted that he was punished twice for some of the same actions and that some of his pleas lacked enough factual support. The court concluded that the evidence supported the different charges, and there were no double jeopardy issues. The court ultimately affirmed his convictions for all cases besides modifying the sentence that was too long and correcting a minor paperwork mistake regarding how sentences should run together. The court ruled that his plea was knowingly and voluntarily made despite the confusion around sentencing ranges. The decision closed by affirming the ruling of the lower court regarding Smith's attempt to withdraw his pleas, confirming most of the sentences while adjusting the one that exceeded the maximum allowed by law.

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F-2009-1181

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In OCCA case No. F-2009-1181, Joe Reaner Strong appealed his conviction for Second Degree Felony Murder. In a published decision, the court decided to reverse the conviction due to the district court's failure to give the jury an instruction requested by Strong on the lesser offense of second degree manslaughter. One member dissented. Joe Reaner Strong was convicted of Second Degree Felony Murder after his two-year-old grandson died in a fire that started when the child found matches at home. At the time, Strong had left his grandson asleep alone for about two hours while he went to pick up his wife. The child was later found unresponsive and died from smoke inhalation. During the trial, the prosecution argued that Strong was responsible for child neglect because he left the child unsupervised. Strong's defense claimed that he was negligent but did not intend for his actions to harm the child. Strong believed that he should have been allowed to present his defense, which included the possibility that he was guilty of a lesser crime - second degree manslaughter instead of murder. The court noted it is important for the jury to hear all aspects of a case, including possible lesser offenses if there is evidence to support them. In this situation, the court stated that there was enough evidence suggesting that Strong's negligence might not rise to the level of murder. Instead, it could have been just an unfortunate accident due to lack of care under the circumstances. The decision determined that the jury should have been instructed on second degree manslaughter because Strong's actions might not have been willful neglect, which is necessary for a murder charge. Because the jury could have reasonably believed that Strong did not intend to leave the child alone and that his actions were the result of carelessness, the court ruled that not allowing this instruction was a mistake that impacted the fairness of the trial. In summary, the appellate court reversed Strong's conviction and ordered a new trial due to the district court's error in handling the jury instructions related to the lesser charge.

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F-2009-1142

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In OCCA case No. F-2009-1142, the Appellant appealed his conviction for seven counts, including five counts of Knowingly Concealing/Receiving Stolen Property, First-Degree Arson, and Second-Degree Burglary. In an unpublished decision, the court decided to reverse all of the Appellant's convictions due to several errors during the trial. The court identified that the Appellant was denied access to his preliminary hearing transcripts, which affected his ability for a fair trial. The court also noted there was improper joinder of cases, leading to the admission of prejudicial evidence that may have influenced the jury's verdict. One judge dissented regarding the conclusion that the errors warranted a complete reversal of the convictions, arguing that the first error was harmless and could be remedied with a sentence modification.

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