In OCCA case No. F-2005-529, the appellant appealed his conviction for First Degree Manslaughter and Leaving the Scene of a Fatality Accident. In a published decision, the court decided to affirm the convictions but modified the sentence for First Degree Manslaughter from fifty years to thirty years. One judge dissented.
In OCCA case No. F-2005-527, Thomas Terrill appealed his conviction for First Degree Manslaughter. In a published decision, the court decided to affirm the conviction but to vacate the sentence and remand for resentencing. One judge dissented. Thomas Terrill was originally charged with First Degree Murder in a case related to a death. During the trial, the jury found him guilty of the lesser charge of First Degree Manslaughter and suggested a sentence of life in prison. The judge agreed with the jury's recommendation and sentenced Terrell accordingly. Terrill appealed this decision, claiming there were problems with his trial. He argued that the evidence against him was not strong enough to prove he committed manslaughter. He also contended that the prosecutor made unfair comments that likely influenced the jury, and he believed that the sentence given was too harsh. After reviewing all the arguments and the case details, the court found that, despite Terrill's claims of self-defense, there was enough evidence for a reasonable person to decide that he acted in a heat of passion when he caused the victim's death. Therefore, the court did not agree with the claim that the evidence was insufficient for manslaughter. However, the court agreed with Terrill on the other two issues. It found that the prosecutor's comments, which urged the jury to think about the victim's family, were inappropriate, as these feelings should not influence the jurors' decision about the sentence. The court also mentioned that the jury had asked about the parole eligibility during their discussions, but the judge had not given them any additional instructions about this matter. The court pointed out that, based on a previous case, juries need to know relevant information about parole possibilities when deciding on a sentence. Because of these reasons, the decision was made to send the case back for a new sentencing hearing. Although Terrill's conviction for manslaughter was upheld, the previous sentence was set aside to ensure that he is given a fair opportunity during resentencing.
In OCCA case No. F-2005-440, Zachary Michael Hudson appealed his conviction for First Degree Manslaughter. In an unpublished decision, the court decided to affirm his conviction but modified his sentence. One judge dissented. Zachary Hudson was tried by a jury for First Degree Murder, but the jury found him guilty of the lesser offense of First Degree Manslaughter. They recommended a punishment of twenty years in prison and a $10,000 fine. The trial judge followed this recommendation when he sentenced Hudson. After the trial, Hudson raised several points of error in his appeal. He claimed he was not given a fair trial because he thought the court was too involved and was biased toward the State. However, the court found that the judge was simply ensuring that witnesses understood the questions and did not show any partiality. Hudson also argued that there wasn't enough evidence to support the conviction for manslaughter, and he believed the jury instructions were incorrect. The court found evidence that Hudson fought with the person who died, left, returned, and then ran over that person with his car. This evidence led the court to believe that the jury could find Hudson guilty, as they might think he acted out of anger or passion rather than by accident. Hudson’s last point was about not having the jury instructed on the 85% Rule, which explains how much of a sentence must be served before someone can be eligible for parole. The court agreed that the jury needed this information and decided to modify Hudson's sentence from twenty years to fifteen years in prison while keeping the $10,000 fine. In summary, the court affirmed the conviction but modified the sentence because they wanted to ensure that the jury had clear information about parole eligibility, which would help them make informed decisions.
In OCCA case No. F-2005-320, Duncan appealed his conviction for First Degree Manslaughter. In an unpublished decision, the court decided to reverse the conviction and remand for a new trial. One judge dissented. Duncan was found guilty of First Degree Manslaughter in Pushmataha County, and he was sentenced to four years in prison, with the last year suspended. He argued that his trial had several problems that made it unfair, including issues with witness testimony and jury instructions. The main issue in Duncan's appeal was that a doctor’s assistant’s testimony from a preliminary hearing was used at the trial, even though the assistant did not appear in person to be questioned. Duncan claimed this was wrong because he did not get a chance to confront the assistant and ask him questions. The court agreed with Duncan, stating that it is important for a defendant to see and question witnesses in person to ensure a fair trial. The court pointed out that the rules used to allow the assistant's testimony did not apply to criminal trials, and therefore, the testimony should not have been part of the evidence. The absence of this testimony was significant enough that it could have affected the trial's outcome. Because of this error, Duncan's conviction was overturned, and the court ordered a new trial, meaning Duncan will have the chance to defend himself again in court. The court decided not to consider other arguments Duncan made since the first issue was enough to reverse the decision.
In OCCA case No. F 2005-362, Pat Lee Richardson appealed his conviction for First Degree Manslaughter. In an unpublished decision, the court decided to affirm his conviction but modified his sentence. One judge dissented regarding the sentence modification. Pat Lee Richardson was found guilty of First Degree Manslaughter after a trial without a jury in Comanche County. He was sentenced to 35 years in prison. He appealed, arguing that he had a defense based on Oklahoma's Make My Day Law, which allows people to use force against intruders in their homes. Richardson claimed the victim was an intruder when he was stabbed. The court explained that the Make My Day Law applies only when someone enters a home, but the victim was standing on the porch, not inside the house. Therefore, Richardson could not use that law as a defense. The court also noted that stabbing the victim a second time while he was on the ground was not justified. Richardson argued that his lawyer did not provide good assistance by not presenting the Make My Day Law defense. However, the court believed this did not affect the outcome of his trial since the law did not apply to his case. He also argued that his actions were justifiable as self-defense. The court stated that there was no evidence to show that he was in danger at the moment he stabbed the victim, considering the victim presented no serious threat. Lastly, Richardson argued that his 35-year sentence was too harsh. The court agreed and modified his sentence to 20 years, feeling that the original sentence was shocking and too severe when taking into account certain factors of the case. Overall, the court upheld the guilty verdict but decided to reduce the prison time that Pat Lee Richardson would have to serve.
In OCCA case No. C 2005-628, Roscoe Dansby appealed his conviction for First Degree Manslaughter and Obtaining Money by Means of a False Check. In an unpublished decision, the court decided to grant the petition for a writ of certiorari. The court found that Dansby was deprived of effective assistance of counsel during a critical stage of the process because his attorney had a conflict of interest. Thus, the court remanded the case for a new hearing on the motion to withdraw guilty pleas and ordered that a conflict-free counsel be appointed. One judge dissented.
In OCCA case No. F-2004-430, the appellant appealed his conviction for first-degree manslaughter. In an unpublished decision, the court decided to reverse the judgment and sentence and remand the case with instructions to dismiss. One judge dissented. William Antwyoe Watson was accused of killing Steven Roberson, but Watson argued he acted in self-defense. The jury had found him guilty of first-degree manslaughter and sentenced him to four years in prison. Watson believed he was defending himself when Roberson attacked him in his home. The appeals court looked carefully at the evidence and found that Watson had been attacked earlier that evening. Roberson had entered Watson's apartment unlawfully and threatened him. The court decided that the state did not prove Watson was not acting in self-defense when he used a knife to protect himself. Therefore, they believed he should be found not guilty. Because of this, the court reversed Watson's conviction and said the case should be dismissed. The issues raised by Watson regarding the trial were no longer needed to be discussed, as the main decision was significant enough. In summary, the court concluded that Watson's actions were justifiable based on the circumstances he faced, and they reversed his conviction for manslaughter.
In OCCA case No. F-2002-1351, Barrett appealed his conviction for First Degree Murder. In an unpublished decision, the court decided to reverse the conviction and remand for a new trial. One judge dissented. Randy Barrett was found guilty of First Degree Murder in a trial. The jury said he should go to prison for life and pay a fine. Barrett thought the judge and the jury made mistakes. He raised several points in his appeal, saying there were errors during his trial. One of the main issues was that Barrett's lawyer did not tell him about the lesser charges that he could have been found guilty of instead of First Degree Murder. Barrett felt that he didn’t understand this and claimed his lawyer gave him bad advice. Barrett wanted to fight for a chance to potentially get a lesser sentence but didn’t pursue it because he was worried his lawyer said that mentioning those charges could lead to a longer prison sentence. Barrett argued that the evidence against him didn’t really support the murder charge, especially the claim about kidnapping the victim as part of the crime. He also thought the jury saw unfair photographs that shouldn’t have been leaked during the trial, hurting his chance for a fair trial. Additionally, he believed his lawyer wasn’t allowed to explain certain details about the case, which affected the way the jury viewed his actions. The court looked carefully at Barrett’s complaint. It found that Barrett was right in saying his lawyer didn't give him good advice about applying for the lesser charges. This misguidance led Barrett to give up an important option that could have benefited him. The court pointed out that Barrett’s lawyer was confused and didn't accurately inform him about his chances for parole based on different sentences. Because of these mistakes by his lawyer, the court decided that Barrett deserved another trial to get a fair chance. They reversed the earlier decision and sent the case back to start again. One judge disagreed with this choice, believing that Barrett was a smart individual who made a choice in consultation with his lawyer and understanding the risks.
In OCCA case No. F 2002-1265, Rian Wayne Ockerman appealed his conviction for First Degree Manslaughter and Leaving the Scene of an Accident Involving Death. In an unpublished decision, the court decided to reverse the conviction for First Degree Manslaughter and remand with instructions to dismiss that charge, while affirming the conviction for Leaving the Scene of an Accident. One judge dissented.
In OCCA case No. F-2002-855, Brandon Grimland appealed his conviction for First Degree Manslaughter. In an unpublished decision, the court decided to affirm the conviction but modified the sentence from one hundred years to twenty-five years imprisonment. One judge dissented, believing the case should be sent back for re-sentencing. Grimland was found guilty of causing the death of another person through a beating that led to severe injuries. The trial jury recommended a very long sentence of one hundred years, but there were concerns about how the prosecutor talked about parole, which might have influenced the jury's decision. The court agreed that the way the prosecutor approached the topic was not right and decided to reduce the sentence to a more reasonable twenty-five years. While the conviction stood, the judges thought it was important to correct the sentence based on how the trial was conducted.
In OCCA case No. F-2003-22, Desean Terrell Poore appealed his conviction for Accessory After the Fact to First Degree Murder and Accessory After the Fact to First Degree Manslaughter. In an unpublished decision, the court decided that the conviction for Accessory After the Fact to First Degree Manslaughter should be reversed and dismissed, as it was found to be double punishment for a single action. The court also ordered corrections to the judgment's wording concerning the prior felony conviction.
In OCCA case No. F-2000-1138, the appellant appealed his conviction for Assault and Battery with a Dangerous Weapon. In an unpublished decision, the court decided to reverse the conviction and remand the case with instructions to dismiss. One judge dissented. The case involved David Land Ashlock, who was found guilty of Assault and Battery with a Dangerous Weapon after a jury trial in Creek County. The jury sentenced him to forty years in prison and a fine of ten thousand dollars. Mr. Ashlock raised three issues on appeal about his trial. First, he argued that the trial court made a mistake by not allowing a defense instruction about defending another person. Second, he claimed that he was denied a fair trial because the jury convicted him of a crime that was not in the original charges against him. Finally, he said the prosecutor made an error by trying to explain the term reasonable doubt during the trial. The court looked closely at these issues and agreed with Mr. Ashlock on the second point. They found that he was wrongfully convicted of a crime that was not explicitly charged against him. The original charges were about first-degree manslaughter, but during the trial, the jury was instructed on Assault and Battery with a Dangerous Weapon without Mr. Ashlock’s consent. The court said that when a defendant objects to a lesser crime being included in the instructions, they should have the right to decide to stick with the main charge only. Mr. Ashlock’s lawyer had clearly objected, and the trial court should have respected his choice not to include the lesser charge of Assault and Battery. Because of this error, the court decided that Mr. Ashlock did not receive a fair trial. They concluded that the trial court had made a mistake, which warranted reversing his conviction. As a result, the court instructed to dismiss the case entirely.
In OCCA case No. F-2000-1531, Thomas Paul Richardson appealed his conviction for First Degree Manslaughter and Unlawful Possession of a Controlled Drug. In a published decision, the court decided to affirm most of the convictions but modified the sentence for the drug possession charge to ten years. One judge dissented. Richardson was tried by a jury, found guilty of both crimes, and received a life sentence for manslaughter, twenty years for drug possession, and a ten-day jail term for speeding. The sentences were to be served one after the other. He raised several arguments about his trial and sentencing, including claims that his rights were violated and that he was given an unfair sentence. The court reviewed his claims and agreed that he was incorrectly sentenced for the drug possession charge, as the maximum penalty should have been ten years, not twenty. However, the court found no significant problems with other aspects of the trial, including the admission of certain testimonies and the conduct of the prosecutor. They believed the errors did not change the outcome or harm Richardson's chances for a fair trial. Overall, the court decided to lessen Richardson’s drug sentence while keeping the other convictions intact.