First Degree Rape

F-2003-1316

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In OCCA case No. F-2003-1316, Jason Van Dusen appealed his conviction for Rape by Instrumentation and First Degree Rape. In a published decision, the court decided to affirm the judgments but modify the sentences to thirty years of imprisonment for each count, to be served one after the other. One judge dissented. Van Dusen was found guilty in Blaine County after a trial. The jury decided on the sentences based on what they heard during the trial. Van Dusen raised concerns about not having a fair sentencing because information was given about parole and the length of the sentences. He also claimed that the prosecutor acted in a way that was unfair, which made his trial not just. The court looked carefully at everything from the trial and the arguments made by both sides. They agreed that the prosecutor should not have mentioned parole in the closing arguments, which is why they decided to change Van Dusen's sentences from seventy-five years to thirty years for each count, making the total time to be sixty years. The judges felt that this was a fair adjustment, considering the improper comments made during the trial.

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F 2003-443

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In OCCA case No. F 2003-443, Kenneth Linn Walker appealed his conviction for multiple serious crimes, including thirteen counts of First Degree Rape and nine counts of Forcible Oral Sodomy, among others. In an unpublished decision, the court decided to affirm most of the convictions but reversed one count related to Sexual Exploitation of a Child. One judge dissented. Walker was found guilty after a jury trial held in Oklahoma County. The judge sentenced him to a total of 300 years in prison. Walker raised several arguments in his appeal. First, he claimed that the court did not have the power to charge him because some of the accusations were too old and past the legal time limits for prosecution. The court decided that most of the charges were filed on time, but the one charge related to Sexual Exploitation of a Child was not. Walker also argued that he did not have enough time to prepare a proper defense and that he was not given a fair trial because some evidence was kept from him. However, the court found that the requirements for the charges were clear enough that he could adequately prepare for his defense. Regarding the evidence presented, Walkers’ lawyers contended that the witness testimonies should not have been enough to convict him. Nonetheless, the court ruled that the testimonies were credible and strong enough to support the convictions. In summary, the court upheld the majority of Walker's convictions but found that one charge was incorrectly handled because the legal time limit had passed. As a result, they reversed that specific charge while keeping the rest of the convictions intact.

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C-2003-399

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In OCCA case No. C-2003-399, Ronnie Lamar Coulter appealed his conviction for multiple counts including First Degree Rape and Assault with a Deadly Weapon. In a published decision, the court decided to affirm part of the original conviction while reversing the conviction for Count 12, which was for Assault with a Deadly Weapon. One judge dissented. Coulter had pleaded guilty to several serious crimes and was sentenced to a total of 200 years in prison. He later tried to withdraw his guilty plea, but the trial court denied this request. His appeal included complaints about the lack of a recorded sentencing hearing, the harshness of his sentence, and the validity of the Count 12 charge. The court found that Coulter had knowingly and voluntarily entered his plea and that the lack of a recorded hearing did not hinder his ability to appeal. The judges ruled that there wasn’t evidence to suggest that the sentencing was unfair or based on inappropriate information. However, Coulter's appeal concerning Count 12 was granted because the judges agreed that there was no basis for the charge since no battery had been committed as required by law. Thus, the court upheld most of the original convictions but reversed the one regarding Assault with a Deadly Weapon.

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F-2002-1546

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In OCCA case No. F-2002-1546, David Jewel Newton appealed his conviction for First Degree Rape, After Former Conviction of Two or More Felonies. In an unpublished decision, the court decided to reverse the judgment and sentence and remand the case for a new trial. One judge dissented. David Jewel Newton was found guilty by a jury in Tulsa County and was given a very long sentence of 458 years in prison. He said he did not get a fair trial because there were some biased jurors. Mr. Newton’s lawyer did not properly challenge a juror who was a police officer and should not have served on the jury. The court agreed that this was a mistake and that Mr. Newton's lawyer did not do his job well in defending him. Since the jury should have been fair, the court decided that Mr. Newton deserves a new trial where he can be tried by a new set of jurors who are fair and not biased. The dissenting opinion said that the jurors who were chosen in the trial were impartial and that there was no reason to order a new trial because the rules about jurors were being misunderstood.

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F 2003-648

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In OCCA case No. F 2003-648, Remigio Rivas appealed his conviction for First Degree Rape by Instrumentation and Lewd Acts with a Child under Sixteen. In an unpublished decision, the court decided to affirm his convictions but modified the sentences from 100 years to 75 years for each count. One judge dissented.

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F-2002-108

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In OCCA case No. F-2002-108, Ricky Dion Bruner appealed his conviction for multiple crimes. In an unpublished decision, the court decided to reverse two of his kidnapping convictions but affirmed the rest of his sentences. One judge dissented. Ricky Dion Bruner was found guilty of serious crimes, including robbery, assault with a deadly weapon, kidnapping, and rape. A jury decided his punishment, giving him life in prison for several charges and various other sentences for the remaining counts. However, when Bruner appealed, he argued that some of these convictions shouldn't have happened because they violated rules against being tried for the same crime twice and that the evidence didn’t support some of the charges. The court examined these arguments. They agreed that Bruner shouldn’t have been convicted of both kidnapping and robbery in two cases because they happened during the same event and were too closely related. Therefore, they reversed those two kidnapping charges. However, they found enough evidence to support his other convictions, deciding that the jury could have reasonably reached those conclusions. Regarding his sentences, though they were harsh, the court determined they were not so extreme as to be unfair or against the law. So, they upheld most of his sentences but made sure that the two kidnapping convictions were dismissed and sent the matter back to the lower court for further actions.

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F-2001-1165

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In OCCA case No. F-2001-1165, Shawn R. Chapman appealed his conviction for multiple serious crimes. In a published decision, the court decided to modify some of his sentences. One judge dissented. Chapman was found guilty of several serious charges, including first-degree rape, rape by instrumentation, kidnapping, and drug-related offenses in Logan County. He was given lengthy prison sentences, amounting to a total of 480 years. Chapman raised many reasons to challenge his convictions and sentences. He argued that the evidence presented against him was unfairly prejudicial, and he claimed that his lawyer's comments during the trial hurt his case. Chapman also thought that the jury's verdicts for some of the sexual crimes were not allowed under the law because they were too similar. He felt that the trial court did not allow enough time for his lawyer to prepare and that his sentences were too harsh. The court examined all the evidence and arguments. They found no reason to overturn the convictions but decided that some of the sentences should be changed. The judges agreed that the evidence from other crimes was relevant and that it did not unfairly influence the jury. They believed that the sentences for the rape charges were too long and changed them to life imprisonment, while still upholding the other sentences. The court concluded that there were no overall errors that would change the outcome of the trial, and they affirmed most of the decisions made by the lower court. However, one judge disagreed with the modification of the sentences, believing that the jury's decisions on the punishments were justified given the severity of the crimes Chapman committed.

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F 2002-1339

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In OCCA case No. F 2002-1339, Marlon L. Johnson appealed his conviction for Kidnapping, First Degree Rape, and Forcible Sodomy. In an unpublished decision, the court decided to reverse the conviction for First Degree Rape and remand it to the district court for dismissal, while affirming the convictions for Kidnapping and Forcible Sodomy. One judge dissented. The case began when Marlon L. Johnson was found guilty of three serious crimes after a jury trial in Tulsa County. He was sentenced to thirty-five years for each crime, to be served one after the other, totaling a significant amount of time. Johnson claimed that there were many mistakes made during his trial, which he believed should lead to a reversal of his convictions or a new trial. The court looked at the arguments Johnson made. He said the charges were mixed up and that it wasn't clear whether the jury agreed on the specific facts for the rape charge. The court agreed that the jury might have relied on different facts to reach their decision about the rape charge, so they reversed that conviction. However, the court felt that there was enough evidence to support the kidnapping conviction, meaning they believed the jury was right about that part. Johnson also argued that his lawyer didn't do a good job, but the court felt his lawyer performed effectively. Other arguments made by Johnson, like improper statements from the prosecutor and issues with sentencing, were not enough to change the overall decision. The court decided that some mistakes were made, but they were not serious enough to hurt Johnson's chances for a fair trial. In the end, the court confirmed the kidnapping and forcible sodomy convictions because they believed the jury made the right decisions for those charges. However, because they couldn't be sure about the rape charge, they sent it back to be dismissed.

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F 2001-999

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In OCCA case No. F 2001-999, Eric Jackson Davis appealed his conviction for multiple sexual offenses. In an unpublished decision, the court decided to affirm most of his convictions but reversed one of them due to lack of sufficient evidence. One member of the court dissented regarding the decision on sentencing. Davis was found guilty by a jury of five counts of First Degree Rape, two counts of Lewd Molestation, and one count of Forcible Oral Sodomy. The trial took place over three days, and the jury decided on punishments ranging from ten to fifty years for the various counts. The judge announced that Davis's sentences would be served one after the other, known as consecutive sentences. Davis raised three main issues on appeal. First, he argued that there was no evidence proving that a sexual act occurred in the case of the Forcible Oral Sodomy charge, and therefore he asked for that conviction to be overturned. Second, he claimed that there was insufficient evidence for one of the rape counts and wanted it dismissed as well. Lastly, he argued that receiving a total of two hundred forty years in prison was too severe. After looking at the facts and evidence from the trial, the court found that most of the convictions were supported by enough evidence. However, they agreed that one rape conviction should be reversed because the prosecution did not present enough proof to support that specific charge. The court did not find merit in the argument about the Forcible Oral Sodomy conviction. Regarding the sentence, the court acknowledged that different factors should be considered when deciding if a sentence is too harsh. While they found the trial judge's refusal to consider running the sentences at the same time was wrong, they stated that the judge's personal views about sex crimes against children influenced that decision. Therefore, the case was sent back to the lower court for resentencing, but the main convictions were upheld. In summary, the court upheld the majority of Davis's convictions and ordered the court below to reconsider how the sentences were issued, while they reversed one specific conviction due to a lack of evidence. One judge disagreed with the need for a new sentencing hearing, believing that the consequences should remain as they are given the serious nature of the crimes.

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F 2001-962

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In OCCA case No. F 2001-962, Chester Creller, Sr. appealed his conviction for First Degree Rape, Forcible Oral Sodomy, and Incest. In an unpublished decision, the court decided to affirm the convictions for First Degree Rape and Forcible Oral Sodomy but reversed the conviction for Incest. One judge dissented. Creller was found guilty of serious crimes related to sexual offenses in a trial in Muskogee County. The jury decided on heavy punishments for the crimes: 100 years for Rape, 20 years for Oral Sodomy, and 10 years for Incest. The judge planned for the sentences for Rape and Oral Sodomy to be served one after the other, while the Incest sentence would happen at the same time as the Rape sentence. Creller took his case to a higher court, arguing several points. He claimed that the court should not have tried his case, that changes made to the case were unfair, that there were problems with how the victim's testimony was used, that he should not have been convicted of both Rape and Incest for the same act, and that the way evidence was handled did not guarantee him a fair trial. The higher court carefully looked over all the arguments and decided that Creller's claim about his convictions for Rape and Incest being based on the same action was valid. Therefore, they overturned the Incest conviction but found that the other points he raised did not change the overall outcome. The court confirmed that the trial was handled correctly in most ways and said that even though there were some mistakes, they did not affect the right decision because there was strong evidence against Creller. The decision also stated that the prosecution's closing arguments did not unfairly influence the jury because the defense did not object during the trial. In summary, Creller's sentence for Incest was dismissed, but he still faced very long sentences for the other charges.

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F-2001-793

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

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F-2001-655

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In OCCA case No. F-2001-655, Robert Leroy Martin appealed his conviction for First Degree Rape, Robbery with a Dangerous Weapon, and First Degree Burglary. In an unpublished decision, the court decided to affirm the conviction but modify the sentences to run concurrently instead of consecutively. One judge dissented. Robert Leroy Martin was found guilty of serious crimes by a jury. The judge gave him life imprisonment for rape, fifty years for robbery, and twenty years for burglary, and said he had to serve these sentences one after the other. Martin then appealed this decision. During the appeal, the court looked closely at the case and the arguments made. They considered several points raised by Martin. The first point was about the instructions the jury received during the trial about burglary. The court found this was not a mistake that affected the trial unfairly because Martin’s explanation was different from that of another case. The second point Martin made was about the jurors not getting complete information on the punishments they could choose for each crime. However, the court said Martin did not object during the trial, so he couldn’t claim this as an error now. The third and final point discussed was whether the sentences were too harsh. The court agreed that the long sentences felt excessive for the circumstances of the case. In the end, the court said Martin would still be found guilty but changed the way the sentences would be served from one after the other to at the same time. One judge disagreed with changing the sentences, believing the original decision by the trial judge should stand.

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F-2000-912

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

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F-1999-1465

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In OCCA case No. F-99-1465, Sean Michael Johnson appealed his conviction for First Degree Rape, Forcible Oral Sodomy, and Lewd Acts with a Child Under Sixteen. In a published decision, the court decided to modify Johnson's conviction for First Degree Rape to Second Degree Rape and reduce his sentence to five years. The judgments and sentences for the other counts were affirmed. One judge dissented, expressing concerns about the handling of juvenile procedures in this case.

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