First Degree

F-2021-123

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In OCCA case No. F-2021-123, Airick William Fuller appealed his conviction for kidnapping and first-degree robbery. In an unpublished decision, the court decided to affirm the conviction. One judge dissented. Fuller was found guilty by a jury in Custer County for two counts of kidnapping and one count of robbery, having prior felony convictions. The jury gave him sentences of ten years for each kidnapping count and thirty years for the robbery, all to be served concurrently, meaning he would serve them at the same time. Fuller argued that the evidence used in the trial was not enough to prove he committed first-degree robbery and that the trial court did not inform the jury about a lesser crime, second-degree robbery. The court carefully reviewed the entire case, including the evidence and arguments from both sides. Regarding the first argument, the court stated that there was enough evidence to show that Fuller threatened a victim, Jason White, with serious harm during the robbery. Even though White did not actually see a gun, the court noted that he had reason to fear for his safety because of what had happened earlier. The court concluded that the jury could justifiably find Fuller guilty based on this evidence. For the second argument, the court explained that since Fuller did not ask for the jury to consider the lesser charge of second-degree robbery, it was difficult for him to claim a mistake was made. The court found that no errors that would have changed the outcome of the trial were made. The court confirmed the original sentences but also instructed the District Court to make sure that the official record reflected that the sentences were to be served concurrently if that had not already been done. Overall, the court affirmed the conviction and rejected Fuller’s arguments.

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F-2017-1300

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In OCCA case No. F-2017-1300, Emmitt G. Sam appealed his conviction for first-degree murder and robbery with a firearm. In an unpublished decision, the court decided to reverse the convictions and remand the case with instructions to dismiss. One judge dissented. Emmitt G. Sam was found guilty of committing serious crimes in Tulsa County. The jury decided his punishment would be life in prison for murder and several years for the robberies, with fines. However, during his appeal, he raised important questions about whether he should have been tried in state court at all. Sam argued that he is a member of the Cherokee Nation and that his crimes occurred in an area recognized as Indian land. He claimed that under previous court rulings, the state did not have the authority to prosecute him because those crimes fell under federal jurisdiction due to their location on Indian territory. The court needed to determine two main things: if Sam is considered an Indian and if the crimes happened within the historic boundaries of the Creek Nation's Reservation. After looking into these questions, the trial court found that Sam had Indian blood and was recognized as an Indian by his tribe, even though he was not formally enrolled at the time of the crimes. The parties agreed the crimes took place in Indian Country. The trial court examined evidence presented in a hearing, including testimonies from witnesses who said that Sam was part of the Cherokee community and received benefits meant for Native Americans throughout his childhood. The evidence showed he lived in a supportive environment that aligned with his claims of being recognized by his tribe. Since the appeals court agreed with the trial court's findings, it ruled that Sam could not be prosecuted by the state but instead should face trial in federal court, where such cases are decided for crimes committed on Indian lands. As a result, the earlier judgments and sentences against Sam were overturned, and the case was sent back for dismissal by the district court. The ruling highlighted the intersection of state and federal law regarding Indian affairs, confirming that the rights of Native Americans must be respected within the court system.

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F-2020-208

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In OCCA case No. F-2020-208, Ryan Cortland Johnson appealed his conviction for Murder in the First Degree. In a published decision, the court decided to vacate the judgment and sentence and remand the case with instructions to dismiss. One judge dissented. Ryan was found guilty of murder and sentenced to life in prison, meaning he would have to serve 85% of his sentence before being eligible for parole. He argued that the state court did not have the right to try him based on a Supreme Court decision from 2020 called McGirt v. Oklahoma. In this case, it was determined that certain crimes committed by members of federally recognized tribes on tribal land could not be prosecuted in state courts. Ryan Johnson claimed he was a member of the Chickasaw Nation and that the murder happened on Creek Nation tribal land, which is considered a reservation. The court allowed him to challenge its jurisdiction. The case was sent back to the district court for an evidentiary hearing, but the parties involved agreed on certain facts, which meant a hearing was not necessary. They confirmed that Ryan is a member of the Chickasaw Nation and that the crime took place on land owned by the Creek Nation. After reviewing the facts, the district court found that Ryan is indeed an Indian under federal law and that the crime took place in the Creek Nation boundaries. Therefore, the state court did not have the authority to charge him with murder based on the findings in the McGirt case. Because of this ruling, the court granted Ryan's appeal, decided the state court had no jurisdiction, and instructed that the case be dismissed.

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C-2019-263

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In OCCA case No. C-2019-263, Floyd Joseph Ball, Jr. appealed his conviction for Rape in the First Degree and Kidnapping. In an unpublished decision, the court decided that the State of Oklahoma did not have the right to prosecute Ball because he is considered an Indian under federal law, and the crimes occurred in Indian Country. The judgment and sentence were reversed, and the case was remanded to the District Court with orders to dismiss it. One judge dissented from this decision.

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F-2018-481

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In OCCA case No. F-2018-481, Derrick Lamont Garrett appealed his conviction for kidnapping and burglary in the first degree. In an unpublished decision, the court decided to affirm Garrett's conviction. One judge dissented. Garrett was tried and found guilty by a jury for kidnapping and burglary. He was sentenced to twenty years in prison for each count, with the sentences running one after the other. Garrett's appeal raised several points of error regarding his trial, such as claims that there wasn't enough evidence to support his convictions, that some evidence was wrongly excluded, and concerns about the jury selection process. The court looked carefully at the arguments and decided that the trial was fair, and the evidence was sufficient to support the jury’s guilty verdicts. They noted that Garrett had requested specific jury instructions that he later challenged, which the court found was not a valid complaint. They also stated that the eyewitness testimony was handled correctly and that the exclusion of some evidence didn’t violate Garrett's rights. Regarding the jury selection, the court stated that Garrett did not prove any discrimination occurred in the way jurors were chosen. Since they found no significant errors in the trial, they affirmed the conviction, meaning Garrett must continue to serve his sentences.

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D-2014-153

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In OCCA case No. N 2014-153, Harris appealed his conviction for First Degree Murder. In a published decision, the court affirmed the death sentence, finding sufficient evidence of his crime and rejecting claims of an incomplete trial record. One judge dissented. [occa_caption]

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F-2018-309

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In OCCA case No. F-2018-309, Adrian Escajeda appealed his conviction for Murder in the First Degree. In an unpublished decision, the court decided to affirm his conviction and sentence. One judge dissented. Adrian Escajeda was found guilty of first-degree murder by a jury and sentenced to life in prison. He was also convicted earlier of two drug possession charges, but those were not part of his appeal. During his trial, Escajeda claimed there were several errors that negatively impacted his case. First, he argued that it was wrong to have both his murder case and a separate child neglect case tried together in front of the same jury. He believed this made it hard for the jury to be fair. However, the court found that he didn't show how this joined trial actually harmed him because the jury had acquitted him of the child neglect charge. Additionally, the evidence against him for murder was very strong and unrelated to the child neglect, making the combined trial harmless. Escajeda also said his lawyer did not do a good job by not objecting to the charges being joined for trial. However, the court decided that his lawyer's performance wasn’t ineffective because there wasn’t any real prejudice; the outcome was not affected. The next point Escajeda raised was about some statements made during the trial. He believed hearsay was wrongly admitted, which violated his right to confront witnesses. The court looked into this and concluded that the statements in question were not hearsay, as they were used to explain the detective's investigation and did not assert the truth of those statements. Finally, Escajeda claimed that the prosecutor made unfair comments during the trial that made it hard for the jury to be impartial. The court examined these comments and found they were reasonable and based on the evidence presented. Since the comments did not create an unfair trial, the court dismissed this argument as well. In conclusion, the court reviewed all of Escajeda’s claims and found none of them warranted a change to his conviction or sentence. As a result, his conviction for first-degree murder remained in place, and he will serve the majority of his sentence in prison.

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F-2018-892

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**Court of Criminal Appeals of Oklahoma** **Case Summary:** **Case Name:** David Andrew Sanders, Appellant, v. The State of Oklahoma, Appellee **Case Number:** F-2018-892 **Date Filed:** September 5, 2019 --- **Background:** David Andrew Sanders appeals the acceleration of his deferred sentencing resulting from finding evidence that he committed new offenses while on probation. On April 29, 2016, in **Case No. CF-2012-2326**, Appellant entered no contest pleas to Burglary in the First Degree and Pointing a Firearm at Another. In **Case No. CF-2016-1178**, he entered a guilty plea for Larceny of Merchandise from a Retailer. His sentencing was deferred for ten years (Burglary), five years (Firearm charge), and 30 days (Larceny). All sentences were to run concurrently. On November 28, 2017, the State filed an Application to Accelerate the Deferred Sentence, alleging new offenses. At a hearing on August 21, 2018, the court found sufficient evidence of new offenses: possession of a firearm while on probation, possession of a controlled dangerous substance, and possession of drug paraphernalia. **Facts of the Case:** On May 6, 2017, police found Sanders unconscious in an idling car with a handgun in his lap. During the arrest, officers discovered a glass pipe and methamphetamine in the car's console. Sanders argued that this evidence was the product of an unlawful search. **Legal Findings:** The district court ruled that the exclusionary rule did not apply to the acceleration proceeding, which is not akin to a full trial. The court found no evidence of egregious police misconduct. According to Oklahoma law (Richardson v. State), exclusion of evidence is only warranted in revocation hearings where there has been egregious misconduct. **Conclusion:** The Court of Criminal Appeals affirmed the district court's decision, finding no abuse of discretion. The discovery of the firearm, glass pipe, and methamphetamine did not violate Sanders' rights given the context of the proceedings. **Decision:** The order of the district court accelerating Sanders’ deferred judgment and sentencing is AFFIRMED. --- **Counsel on Appeal:** - For Appellant: Micah Sielert and Andrea Digilo Miller - For Appellee: Tiffany Noble, Mike Hunter, Tessa L. Henry **Opinion by:** Presiding Judge Lewis **Concurrences:** Vice Presiding Judge Kuehn, Judge Lumpkin, Judge Hudson, Judge Rowland --- For more details, you may [download the full PDF here](https://opinions.wirthlawoffice.com/wp-content/uploads/F-2018-892_1735120506.pdf).

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RE 2018-0457

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In OCCA case No. RE 2018-0457, Tommy Lee Tucker appealed his conviction for Domestic Assault and Battery After Prior Conviction, Domestic Assault and Battery by Strangulation, and Kidnapping. In an unpublished decision, the court decided to affirm the revocation of his suspended sentences but remanded the case to the District Court to correct inconsistencies in the sentencing documents. One judge dissented.

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F-2017-1099

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In OCCA case No. F-2017-1099, Willie Donnell Jackson appealed his conviction for Rape in the First Degree-Victim Unconscious. In an unpublished decision, the court decided to affirm Jackson's conviction and sentence. One judge dissented. Willie Donnell Jackson was found guilty by a jury for a serious crime involving a victim who was unconscious. The jury suggested that he spend life in prison without the chance to get out, but the trial judge decided to give him a chance for parole after a long time instead. Jackson didn't agree with this decision and said there were errors made during the trial that affected his rights. Jackson raised five main arguments on appeal. First, he said that the prosecutor acted improperly during the trial, which made it unfair. He claimed this had a cumulative effect and harmed his chance for a fair trial. Second, he thought the judge didn't give the jury the right instructions, which was another error. The third point was about his lawyers not helping him enough, meaning that he didn't get the proper support he needed during the trial. Fourth, Jackson believed that the prosecutor's actions led to a sentence that was too harsh compared to what happened. Finally, his last argument was that all the mistakes added up to deny him a fair trial and the legal protections he should have received. After looking at everything presented during the appeal, the judges decided there were no significant errors that would change the outcome of the trial. They did not agree with Jackson's claims, concluding that his trial was fair. As a result, they upheld the original decision and affirmed his sentence, meaning Jackson must serve a long time in prison. The judges, in concise language, rejected all of Jackson's claims, confirming that he did not prove that any errors affected the fairness of his trial or the severity of his sentence, leading to the final ruling.

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F-2017-949

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In OCCA case No. F-2017-949, Montoyia Corbitt appealed her conviction for Manslaughter in the First Degree-Heat of Passion. In an unpublished decision, the court decided to affirm her judgment and sentence. One judge dissented. Montoyia Corbitt was tried for a crime that involved the death of another person. During her trial, she claimed she acted in self-defense. However, the jury found her guilty, and she was given a six-year prison sentence. The law said she had to serve at least 85% of her sentence before she could be considered for parole. Corbitt made three main arguments in her appeal. First, she believed the evidence was not enough to prove she did not act in self-defense. The court explained that self-defense is a reason someone can use force, but it has to be reasonable. They found there was enough evidence that showed Corbitt's fear was not reasonable and, therefore, not justified in using deadly force. Second, Corbitt argued that a police officer’s opinion in her trial influenced the jury and was not fair. The court reviewed this matter and decided that the officer's testimony was allowed because it was based on what he observed during the investigation. They concluded that his statements helped clarify what happened during the incident without directing the jury toward a specific conclusion. Third, Corbitt was concerned about a photograph that showed her face during a police interview. She thought it was not relevant and unfairly prejudiced her case. The court ruled the photo was relevant because it helped support her claim of self-defense. They believed the image added to the understanding of the situation rather than just being harmful to her. Ultimately, after looking at all the arguments and evidence, the court agreed with the jury’s decision and affirmed her conviction.

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F-2017-1029

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In OCCA case No. F-2017-1029, Timothy Brian Bussell appealed his conviction for Rape in the First Degree - Victim Unconscious. In an unpublished decision, the court decided to affirm the judgment and sentence against him. One judge dissented. Bussell was found guilty by a jury and was sentenced to life imprisonment with the possibility of parole, even though the jury recommended life without parole. The case involved Bussell and a co-defendant, who filmed another co-defendant having sex with an unconscious victim. The jury believed there was enough evidence to show Bussell helped and encouraged the assault. Bussell raised ten arguments in his appeal, claiming errors during his trial. He argued that he did not get proper notice of the charges against him, that there was not enough evidence to convict him, and that the trial should have separated him from his co-defendant. He also claimed the victim's testimony was not credible, the prosecution made unfair statements, and that his lawyer did not do a good job. The court reviewed the evidence and found it sufficient for a conviction. They determined there were no significant errors that would affect his rights. The court emphasized that someone's testimony alone could support a conviction, especially if it was backed by video evidence. They concluded that Bussell knew the accusations he was facing and did not show that he was prejudiced by any mistakes made during the trial. Ultimately, the court decided that Bussell's claims did not show any grounds for reversing his conviction. His serious involvement in the crime was evident. The sentence was upheld as appropriate based on the crime he committed, emphasizing the importance of the victim's mistreatment.

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F-2016-375

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This document is the opinion of the Oklahoma Court of Criminal Appeals regarding the appeal of James Stanford Poore from his convictions of four counts of First Degree Murder and two counts of Robbery with a Firearm, which occurred in Tulsa County District Court. The jury recommended sentences of life imprisonment without the possibility of parole for the murder convictions and life imprisonment for the robbery charges. The opinion outlines the factual background of the case, including the brutal murders of four victims during a robbery and the subsequent evidence linking Appellant Poore and his brother Cedric Poore to the crime. Key pieces of evidence included witness testimonies, DNA analysis, and ballistic evidence connecting the Poores to both the murders and an earlier robbery. The appellate court addressed several propositions raised by Poore, reviewing the admission of expert testimony, the exclusion of certain third-party perpetrator evidence, the relevance of other crimes evidence, the legality of the search warrant executed at Poore's mother's residence, and claims of ineffective assistance of counsel. After careful consideration, the court concluded that the trial court did not abuse its discretion in admitting the evidence or denying Poore's requests for different evidence and upheld the sufficiency of the search warrant. The court affirmed the judgment and sentence imposed by the district court, providing a detailed legal rationale for its decisions. The final decision includes an order for the mandate to be issued upon the filing of this opinion. The judgment for both the defendant and the state was documented, with all judges concurring in the decision. For those interested in viewing or downloading the original document, a link is provided at the end of the summary.

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F-2017-1104

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In OCCA case No. F-2017-1104, Joseph Johnson appealed his conviction for first degree murder. In an unpublished decision, the court decided to affirm the conviction. One judge dissented. Joseph Johnson was found guilty of killing Quavis Trae Cato during an argument over a car. The jury sentenced Johnson to life in prison without parole. The incident happened on October 10, 2016, when Johnson shot Cato 14 times, after a dispute over a stolen car. Witnesses testified that Johnson was armed with two guns and returned to the argument after briefly leaving the scene. During the trial, Johnson's defense argued for instructions on lesser charges of manslaughter, claiming he acted in the heat of passion or self-defense. However, the court found no evidence that Cato provoked Johnson sufficiently to warrant such instructions. The judges decided that Johnson escalated the situation by bringing guns into the argument and that simply being angry or upset does not justify the use of deadly force. Johnson also claimed that the prosecutor's closing arguments contained misconduct, asserting that they misled the jury about the facts and the law of self-defense, but the court found no errors that affected the fairness of the trial. Finally, Johnson’s defense argued that his lawyer didn't perform adequately by not presenting expert testimony about psychological conditions that might have affected his perception of the situation. However, the court concluded that even if the lawyer's performance was deficient, it wouldn't have changed the outcome of the trial because Johnson had initiated the conflict while armed. In summary, the court upheld the conviction for murder, concluding that Johnson acted with intent and malice when he killed Cato. The judges agreed that there was no basis for a lesser charge or for claims of ineffective counsel. Overall, the ruling was in favor of maintaining the original sentence.

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F-2017-724

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In OCCA case No. F-2017-724, the appellant appealed his conviction for multiple crimes, including assault and battery with a dangerous weapon, burglary, domestic abuse, and violation of a protective order. In a published decision, the court decided to affirm the convictions for most counts but dismissed one count due to double punishment concerns. One judge dissented.

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F-2016-229

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In OCCA case No. F-2016-229, Marcus Stephon Miller appealed his conviction for murder and possession of a firearm. In an unpublished decision, the court decided to affirm his conviction for possession of a firearm but vacated and remanded his convictions for second-degree murder for resentencing. One judge dissented from the decision to remand for resentencing. Miller was charged with two counts of first-degree murder and one count of possession of a firearm while under supervision. A jury convicted him of lesser charges of second-degree murder for the first two counts and of possession of a firearm for the third count. Miller received sentences of 25 years for each murder count and 5 years for the firearm count, with the sentences scheduled to run one after the other. Miller argued that errors were made during his trial. He claimed that the trial court did not follow the right procedures for splitting his trial into stages, which affected his right to a fair trial. He pointed out that the jury was not properly instructed and that misconduct happened from the prosecution's side. He also believed his lawyer did not help him enough during the trial and that the judge wrongly refused to give him credit for time served in jail before sentencing. After looking over the case, the court found that while the trial had some mistakes, they didn’t actually hurt Miller's case enough to impact the verdict for the possession charge. However, they agreed that the trial court made a significant mistake in how it handled sentencing for the murder counts, mainly because it allowed the jury to consider his previous convictions when they should not have. The court decided that the sentencing for the second-degree murders had to be thrown out and that Miller would need to be resentenced, but his conviction for possession would stay. In dissent, one judge noted that the errors made during trial did not affect Miller's rights since he received a relatively lenient sentence given the seriousness of the crimes he was convicted for. The judge believed that the mistakes did not warrant a new sentencing for the murder counts because the nature of the charges and the consequences indicated that the overall outcome would not change. In conclusion, while Miller's appeal was partly successful, with the court affirming his conviction on one count and ordering a new sentencing for the other two, the dissenting opinion felt that the original sentencing should stand.

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F-2014-764

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In OCCA case No. F-2014-764, Hawks appealed her conviction for Murder in the First Degree, Burglary in the First Degree, and two counts of Kidnapping. In an unpublished decision, the court decided to reverse and remand Count I, which was the murder conviction, but affirmed Counts II, III, and IV, which were the burglary and kidnapping convictions. One judge dissented on the reversal of the murder conviction. Hawks was accused of being involved in serious crimes, including murder, along with two other co-defendants. After being found guilty by a jury, Hawks was sentenced to a long prison term, with the murder sentence being life imprisonment. Hawks argued that the evidence against her was weak, claiming she didn’t participate in the crimes or know about them beforehand. She believed the jury wasn't given a fair chance to make their decision because the prosecution made mistakes in explaining the law regarding aiding and abetting. Aiding and abetting means that someone helped or supported a crime, even if they weren't the main person committing it. For Hawks to be found guilty, the evidence needed to show she had some knowledge or intent to support the crimes of her co-defendants, which involved planning and executing the murder and kidnappings. However, the court found that there were major issues with how the prosecutors explained the law, which misled the jury. The judges agreed that the jury may not have properly understood the law because the prosecutor repeatedly misstated it, even if the jury was given the correct instructions. As a result, the court agreed to give Hawks a new trial for the murder charge. For the kidnapping and burglary charges, the evidence seemed sufficient to support the jury’s verdict, so those were upheld. In conclusion, while Hawks' murder conviction was reversed for a new trial due to errors in how the law was presented to the jury, her other convictions were confirmed as valid. One judge disagreed with reversing the murder conviction, believing that the verdict was just and the evidence against Hawks clear.

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C-2012-686

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In OCCA case No. C-2012-686, Joseph Dewayne Conner appealed his conviction for First Degree Robbery and First Degree Burglary. In a published decision, the court decided to deny his appeal regarding the robbery conviction, but granted it concerning the burglary conviction. The court found that Conner had been misinformed about the possible sentence for burglary, which affected his decision to plead guilty. Although Conner’s actual sentence was within the correct range, the incorrect information he received could have influenced his plea. #n dissented on the decision regarding the robbery conviction.

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F-2012-437

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In OCCA case No. F-2012-437, Mark J. Lawler appealed his conviction for rape in the first degree. In an unpublished decision, the court decided to reverse and remand for a new trial. One judge dissented. Mark J. Lawler was found guilty of rape in the first degree by a jury and given a sentence of thirty-five years in prison. He claimed that the trial court made mistakes during his trial. First, Lawler thought he should have been allowed to represent himself instead of having a lawyer. He argued that this was his right under the Sixth Amendment of the U.S. Constitution. The court agreed with him, stating that he had clearly asked to represent himself at least five days before the trial, which was a reasonable request. The court also found that Lawler understood the risks involved in defending himself without a lawyer. The trial court was wrong to deny his request, so that was a significant error. Second, Lawler argued that he did not get a speedy trial, which is another right he had under the law. Although there were delays in the trial, the court found that they were not entirely Lawler's fault. The reasons for the delays included busy courts and other issues that were not intentional. However, the court also decided that Lawler did not show he was hurt by the delay, so they did not agree with his claim on this point. In summary, the court found that the trial court made a mistake by not allowing Lawler to represent himself. Because of this error, they reversed his conviction and sent the case back for a new trial.

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F-2010-307

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In OCCA case No. F-2010-307, the appellant appealed his conviction for first-degree murder. In an unpublished decision, the court decided to affirm the conviction but vacated the sentence for re-sentencing. One judge dissented, suggesting a modification of the sentence to life imprisonment instead of life without the possibility of parole.

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F-2008-1066

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In OCCA case No. F-2008-1066, Rodney Dennis Evans appealed his conviction for robbery in the first degree. In a published decision, the court decided to modify his sentence from thirteen years to eight years imprisonment. One judge dissented.

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F-2009-47

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In OCCA case No. F-2009-47, Kenneth Simmons appealed his conviction for Manslaughter in the First Degree. In an unpublished decision, the court decided to vacate the sentence and remand for re-sentencing. One judge dissented. Mark Kenneth Simmons was found guilty of Manslaughter after his trial for Murder in the First Degree. The jury gave him a fifteen-year prison sentence. He appealed, saying the trial court made an error by not informing the jury that he had to serve at least 85% of his sentence before being eligible for parole. The law in Oklahoma states that people convicted of specific crimes, like First Degree Murder or Manslaughter in the First Degree, must serve at least 85% of their sentence before they can be considered for parole. In a previous case, the court decided that jurors should know about these rules when they are deciding on a sentence. During the trial, when the jury asked if they needed to consider the 85% rule, the court told them to continue deliberating without giving any additional information. This was seen as a mistake. The State argued that this mistake did not affect the outcome significantly, but the court disagreed and said it was clear this lack of instruction was a big error. Because of this error, the court couldn’t be confident that the jury fully understood the implications of the sentence they handed down. The court decided that a new sentence should be determined, either by a properly instructed jury or by the District Court if the jury was waived by Simmons. The court affirmed the judgment but vacated the sentence, meaning they believed he should be tried again for sentencing.

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F-2006-1208

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In OCCA case No. F-2006-1208, Kendall Dewayne Carr appealed his conviction for Rape in the First Degree, After Former Conviction of Two or More Felonies. 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 Carr being convicted by a jury and sentenced to life imprisonment. The main issue during his appeal was that Carr was not given a fair trial because he could not remove a juror who showed bias towards police officers. This juror openly stated he would believe police testimonies more than other witness statements, which raised concerns about his ability to be fair. The court agreed that this bias should have led to the juror's removal. They noted that when any doubts exist about a juror's fairness, they should favor the accused. Since this bias was significant, the court ruled that Carr did not receive proper justice and ordered a new trial. They decided not to consider other issues raised in the appeal since the need for a new trial was clear. In summary, the court found that an unfair juror could have influenced the case against Carr, leading to their decision to reverse the conviction and mandate a new trial.

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F-2006-905

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In OCCA case No. F-2006-905, Curtis Dale Gibson appealed his conviction for First Degree Rape, After Former Conviction of Two Felonies. In a published decision, the court decided to affirm the judgment of conviction but vacate the sentence and remand for resentencing. One judge dissented. Gibson was tried by a jury in Jackson County and found guilty of raping a victim. The jury sentenced him to thirty years in prison. Gibson raised several issues in his appeal, including whether he received a fair trial, due to certain evidence being allowed and comments made by the prosecutor. He also argued that he should have received an instruction about parole eligibility and that his prior suspended sentence for another crime should not have been discussed during the trial. The court looked at each point raised by Gibson. It found that the statements from the victim's sister, which claimed she had also been a victim of Gibson, were not hearsay and were admitted correctly. The prosecutor's comments during the trial were not seen as causing enough harm to reverse the decision. However, the court agreed that the jury should have been informed about the 85% rule regarding when Gibson could be eligible for parole, which was considered a mistake. As a result, the court affirmed Gibson's guilty verdict but changed his sentence, ordering that he be resentenced on account of this issue. The judges involved reached various conclusions, with one judge expressing disagreement with the decision to remand for resentencing.

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F-2006-1015

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In OCCA case No. F-2006-1015, Earnest Ray Kingery, Jr. appealed his conviction for rape in the first degree. In an unpublished decision, the court decided to modify Kingery's sentence from seventy years to twenty-five years imprisonment. One judge dissented. Earnest Ray Kingery, Jr. was found guilty of raping a child and was sentenced to a long prison term. He appealed, arguing that several things went wrong during his trial. He said that a witness should not have been allowed to talk about other crimes he allegedly committed, which could have confused the jury. He also claimed the judge pressured the jury into making a decision and that the prosecutor hinted he was guilty for not speaking to the police after a search warrant was served at his home. The court looked closely at Kingery's claims. They agreed that the evidence about the witness's testimony was not appropriate for the jury to hear, as it led to confusion about the other child that was involved in the case. The skills of the forensic interviewer were challenged because it seemed that testimony might have suggested the children were telling the truth without any evidence. Even if the trial court gave special instructions to limit how the jury should view this evidence, it still influenced their decision. However, the court found that the victim's own testimony was strong enough to prove Kingery's guilt. They acknowledged that while the testimonies of the other child were not correctly handled in terms of evidence, the main evidence from the victim was enough for a guilty verdict. In the end, the court decided to modify Kingery’s long sentence to a lesser one. They believed his punishment should still be serious but recognized that the jury might have been adversely influenced by some of the testimony they heard about other crimes. Thus, Kingery's prison time was reduced to twenty-five years. The court affirmed the conviction but made this change to the punishment. One of the judges disagreed with reducing the sentence, insisting that all of the evidence presented was appropriate, and so the original long sentence should have stood. Another judge agreed on the conviction but also dissented regarding the sentence being modified.

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