First Amendment

F-2017-802

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In OCCA case No. F-2017-802, Jestin Tafolla appealed his conviction for Assault and Battery with a Dangerous Weapon and Carrying a Weapon Unlawfully. In a published decision, the court decided to affirm the Judgment and Sentence of the district court. One judge dissented. Tafolla was sentenced to life imprisonment for the assault and thirty days in jail for the misdemeanor charge, with the sentences served at the same time. His appeal raised several issues, mainly about whether his trial was fair. He claimed that evidence of his gang affiliation unfairly influenced the jury, that introducing certain statements violated his rights, and that errors occurred during the trial process. The court discussed the details of the case where Tafolla assaulted a man following a traffic dispute. Detectives witnessed Tafolla hitting the victim and confiscated brass knuckles he discarded. Witness statements indicated that racial slurs were part of the altercation. The court found that the evidence of Tafolla's gang membership was relevant to understand the incident and the motivations behind it. It ruled that the testimony related to his affiliation did not violate his rights and was permissible to show motive and intent. They also addressed Tafolla's complaints about the admission of the victim's statements, concluding that these did not prevent a fair trial. The admission of prior convictions for cross-examination purposes was also deemed appropriate as it was relevant to the prosecution's case. In issues raised about the prosecutor's conduct and jury instructions, the court determined that no significant errors impacted the trial. The arguments made by the prosecution were within the acceptable realm of discussing the evidence. Overall, the court found no individual errors that would require a new trial and concluded that the accumulation of complaints did not undermine the fairness of the proceedings. Thus, the original judgment was upheld, and Tafolla’s appeal was denied.

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M-2017-1021

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**IN THE COURT OF CRIMINAL APPEALS OF THE STATE OF OKLAHOMA** **Case No. M-2017-1021** *BYRIN CARR, Appellant, vs. THE STATE OF OKLAHOMA, Appellee.* **FILED IN COURT OF CRIMINAL APPEALS STATE OF OKLAHOMA APR 25 2019 JOHN D. HADDEN, CLERK** --- **SUMMARY OPINION** **LEWIS, PRESIDING JUDGE:** The Appellant, Byrin Carr, appeals from his misdemeanor Judgment and Sentence entered after a jury trial before the Honorable Timothy D. Haworth, Associate District Judge, in Case No. CM-2016-655 in the District Court of Garfield County. Appellant was convicted of Threaten to Perform Act of Violence, and was sentenced to a term of six months in the Garfield County Jail. **PROCEDURAL HISTORY** On June 28, 2016, Appellant was charged with Threaten to Perform Act of Violence, misdemeanor, 21 O.S.2011, § 1378(B), for threatening to kill Garfield County judges and prosecutors. Subsequently, the case was assigned to Judge Haworth who appointed a different District Attorney before the trial proceeded on September 19, 2017. **FACTS** At trial, Brian Dickson, a news photographer for KOCO-TV, testified about an incident on June 27, 2016, where Appellant approached him and his co-worker while they were parked at McDonald's. Appellant made threatening statements about harming local judges and prosecutors, leading to Dickson recording their conversation. The recording included Appellant’s comments about killing judges and district attorneys. After the incident, the news supervisors contacted local law enforcement. Appellant, in his defense, argued that he meant no harm and merely sought to share his grievances about local authorities. His defense included proposed jury instructions regarding subjective intent and political speech, which were denied by the court. **ANALYSIS** **PROPOSITION I:** The court addressed whether the denial of Appellant's requested jury instructions constituted error. The court held that the crime outlined in § 1378(B) does not necessitate proof of the threat being a true and credible threat and is a general intent crime. Therefore, the judge's refusal to give the requested instruction was not an error. **PROPOSITION II:** Appellant contested the jury instructions regarding the term willfully. The court affirmed that proof of general intent suffices under § 1378(B) and that the judge's definitions were proper and aligned with legal requirements. **PROPOSITION III:** Finally, Appellant argued that he was denied the right to present a defense, specifically regarding the characterization of his speech as political. The court reasoned that the threats made by Appellant fell outside the bounds of protected political speech and were not relevant to the presented case. **DECISION** The Appellant’s misdemeanor Judgment and Sentence is AFFIRMED. The MANDATE is ORDERED issued upon the filing of this decision. --- **APPEARANCES AT TRIAL** JAMES L. HANKINS Attorney at Law Edmond, OK **COUNSEL FOR APPELLANT** **APPEARANCES ON APPEAL** BRIAN T. HERMANSON District Attorney, 8TH District Counsel for the State --- **OPINION BY:** LEWIS, P.J. **CONCURRING:** KUEHN, V.P.J.; LUMPKIN, J.; HUDSON, J.; ROWLAND, J. *(Refer to the official document for textual fidelity and details of legal references.)*

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M-2015-506

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In OCCA case No. M-2015-506, Bell appealed her conviction for Disorderly Conduct and Interfering or Obstructing by Disobeying a Lawful Command. In an unpublished decision, the court decided to reverse the convictions and instructed to dismiss the case. One judge dissented. Bell was arrested on September 21, 2014, after protesting against a Satanic Black Mass at the Oklahoma City Civic Center. She was initially charged with trespassing but this was changed to Disorderly Conduct and Interfering or Obstructing by Disobeying a Lawful Command. Bell had gone to the Civic Center to pray against the event and knelt to pray on public property. She refused to leave when asked by police officers and was arrested. During the trial, witnesses, including police officers, testified that she did not block any entrances, and the City could not prove that she had obstructed access as per the ordinance she was charged under. The court found there was not enough evidence to support the claims that Bell had violated the law concerning disorderly conduct and interfering with the police. The judge reviewing the case decided that Bell's actions, which were protected under the First Amendment, did not constitute criminal obstruction. Although there were differences in opinion among the judges, the majority felt there was a lack of legal basis for the charges.

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M 2013-0073

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In OCCA case No. M 2013-0073, Fredrick Bruce Knutson appealed his conviction for planning and zoning violations. In an unpublished decision, the court decided to reverse his conviction and remand the case with instructions to dismiss. One judge dissented. Fredrick Bruce Knutson was given four tickets for having signs that were too big according to local rules. He was fined by a municipal court judge for breaking these rules. Knutson argued that the rules were confusing and unfair because they did not clearly explain that they applied to his property, which was used for agriculture, not residential purposes. He also felt there was not enough proof that he really broke the rules since his land was not residential. Knutson pointed out that the city should not have punished him because the signs he had were allowed on agricultural land and because the rules did not say what residential meant. The court decided that the signs were put up in an area that was agricultural and that Knutson should not have been found guilty. Therefore, the court reversed the decision and said Knutson should not be punished for the signs he displayed.

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