Fourteenth Amendment

C-2018-489

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**SUMMARY OPINION DENYING CERTIORARI** **LUMPKIN, JUDGE:** Petitioner Mario Donsheau Cherry entered blind pleas of guilty to multiple charges including First Degree Manslaughter, Causing an Accident Resulting in Great Bodily Injury, and Leaving the Scene of an Accident, among others, in the District Court of Oklahoma County. His pleas were accepted by the Honorable Bill Graves on February 23, 2018. After a sentencing hearing on April 5, 2018, Cherry was sentenced to life in prison on some counts, with additional sentences for other counts that ran concurrently. On April 12, 2018, he filed an application to withdraw his plea, which was denied on May 4, 2018. Cherry appeals this denial, raising the following issues: 1. **Denial of Withdrawal of Plea:** Cherry argues he should have been allowed to withdraw his guilty plea, claiming it was not entered knowingly and voluntarily partly because he was not adequately informed about waiving his right to appeal. 2. **Ineffective Assistance of Counsel:** He claims his counsel did not sufficiently inform him about the consequences of waiving his appeal rights through his plea. 3. **Excessive Sentence:** Cherry contends that the imposed sentences are excessive and shock the conscience. After reviewing the case, including the original record and briefs, the court concluded that the trial court did not abuse its discretion in denying Cherry's motion to withdraw his plea. The court cited that the plea was determined to be knowing and voluntary as Cherry acknowledged understanding of the consequences including the nature and severity of the charges and the rights he was waiving. Regarding ineffective assistance, the court noted that this claim was not raised in the initial application to withdraw the plea or in the petition for certiorari, resulting in a waiver for appellate review. On the issue of sentencing, the court confirmed that the sentences were within statutory guidelines and that running some counts consecutively was within the trial court’s discretion. The court found no excessive or shocking elements in the imposed sentence in light of Cherry's guilty admissions and prior felony history. **DECISION** The Petition for a Writ of Certiorari is DENIED. The Judgment and Sentence of the District Court is AFFIRMED. The MANDATE is ORDERED issued upon the delivery and filing of this decision.

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F-2016-194

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**IN THE COURT OF CRIMINAL APPEALS OF THE STATE OF OKLAHOMA** **DONTE LEMAR PAYTON,** Appellant, *Case No. F-2016-194* v. **STATE OF OKLAHOMA,** Appellee. **SUMMARY OPINION** **HUDSON, JUDGE:** Appellant, Donte Lemar Payton, was convicted in the Oklahoma County District Court, Case No. CF-2014-7586, of Manslaughter in the First Degree, in violation of 21 O.S.2011, § 711(3). The jury acquitted him of first-degree murder but found him guilty of the lesser-included offense. The Honorable Donald L. Deason sentenced him to life imprisonment, and Payton appeals, presenting six propositions of error: **I.** The trial court erred in failing to comply with statutory law regarding juror contact, violating Appellant's Sixth and Fourteenth Amendment rights. **II.** The court's communication with the jury improperly suggested they could avoid their duty to assess punishment. **III.** Appellant was denied effective assistance of counsel. **IV.** The life sentence imposed was excessive under the circumstances. **V.** The trial court erroneously refused to instruct the jury on self-defense, violating Appellant's rights. **VI.** Cumulative errors deprived Appellant of due process. Upon thorough review, including the evidence and arguments presented, the Court finds no relief necessary. The judgment and sentence are AFFIRMED. ### Propositions I and II A presumption of prejudice arises from unauthorized judicial communications with a jury after they commence deliberations (Givens v. State, 1985 OK CR 104). In this case, the jury was informed by the bailiff about the trial court's potential to impose a sentence if they could not reach an agreement. This occurred after they had already found Appellant guilty. An evidentiary hearing confirmed that the communication, while improper, was addressed within the statutory framework (22 O.S.2011, § 927.1) regarding jury deadlock. The communication was limited and factual, and the jury was informed to continue deliberations, which ultimately established that they were deadlocked. Appellant failed to object to any of these proceedings or request an Allen charge, thus forfeiting those claims on appeal. The communication did not undermine the integrity of the proceedings, and therefore the presumption of prejudice was adequately overcome. Hence, we deny Propositions I and II. ### Proposition III To establish ineffective assistance of counsel, Appellant must show both deficient performance and resulting prejudice (Strickland v. Washington, 1984). In this case, the existing record did not support claims of ineffective assistance. Furthermore, there is no clear and convincing evidence suggesting that counsel's failure to present character witness statements at sentencing prejudiced the outcome. Accordingly, Proposition III is denied. ### Proposition IV Considering the complete context, we agree that Appellant's life sentence is not so excessive as to shock the conscience (Duclos v. State, 2017 OK CR 8). The nature of the crime was severe, further justifying the sentence based on the facts presented. ### Proposition V The trial court's decision to deny a self-defense instruction was within its discretion. The standard for prima facie evidence was not met since Appellant's testimony did not suggest a reasonable belief in imminent danger, thus precluding such an instruction (Davis v. State, 2011). ### Proposition VI Allegations of cumulative error must be based on actual determinations of error, which were not established here (Neloms v. State, 2012). Therefore, we deny Proposition VI as well. ### DECISION The judgment and sentence of the District Court are AFFIRMED. Appellant's Application for an Evidentiary Hearing on Sixth Amendment Claims is DENIED. **APPEARANCES:** * For Appellant: Stacy Smith, Attorney at Law * For Appellee: Mike Hunter, Attorney General; John Salmon, Assistant District Attorney; Matthew D. Haire, Assistant Attorney General **OPINION BY:** HUDSON, J. *LUMPKIN, P.J.: CONCUR* *LEWIS, V.P.J.: CONCUR IN RESULTS* *KUEHN, J.: CONCUR* *ROWLAND, J.: RECUSE* **NOTE**: The presence of procedural errors warrants caution, but in this instance, they did not materially affect the outcome. Trial courts should maintain vigilance regarding communications with jurors to avoid future complications.

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C-2016-1000

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In OCCA case No. C-2016-1000, Bryan Keith Fletcher appealed his conviction for multiple charges including kidnapping, assault with a deadly weapon, rape, and child abuse. In an unpublished decision, the court decided to grant part of his appeal regarding one misdemeanor charge while denying all other claims. The court modified the sentence for the misdemeanor related to threatening violence to six months in jail but affirmed the sentences for all other counts, which resulted in a significant time in prison. The petitioner argued several points, including that he did not receive effective legal help, that he was not competent when he entered his plea, and that his plea was not voluntary. However, the court reviewed these claims and found that they did not hold up under scrutiny. The judges opined that the actions taken during the plea process were appropriate and upheld the ruling on the grounds that there was no evidence of ineffective assistance or invalid plea. One judge disagreed with some aspects of the decision.

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F-2016-696

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In OCCA case No. F-2016-696, Mesfun appealed his conviction for driving under the influence of alcohol, transporting an open container of liquor, driving without a license, and driving left of center. In a published decision, the court decided to modify the sentence on one count and affirmed the rest of the judgment. One justice dissented. Mesfun was found guilty of multiple offenses in Tulsa County District Court. The charges included driving drunk, having an open container of alcohol while driving, not having a driver's license, and driving in the wrong lane. He received a long sentence, including years in prison and fines, to be served one after the other. Mesfun's appeal included three main points. First, he argued that the jury was wrongly told how much punishment they could give him for transporting an open container of liquor. The court agreed with him on this point and changed that sentence to a shorter jail time and fine. Second, Mesfun claimed that the prosecutor acted unfairly during the trial, which hurt his chances of a fair trial. However, the court found that the prosecutor's comments were allowed and did not harm Mesfun's case. Third, he said that his lawyer did not do a good job to help him. The court looked at this claim and said that his lawyer's actions did not affect the trial's outcome, so this point was also denied. Overall, the court modified one part of his sentence but upheld the rest of the decision from the trial court.

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F-2015-963

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In OCCA case No. F-2015-963, Daniel Bryan Kelley appealed his conviction for Rape by Instrumentation and Assault and Battery. In an unpublished decision, the court decided to affirm the conviction for Assault and Battery but reversed the conviction for Rape by Instrumentation and remanded for resentencing. One judge dissented. Kelley was found guilty by a jury of committing rape and an assault. The crimes occurred in Tulsa County. The jury recommended a sentence of 20 years for the rape and a 90-day sentence for the assault, which would happen at the same time as the longer sentence. Kelley appealed for several reasons. Firstly, Kelley argued that he should have been allowed to present evidence that the victim had previously said the crime happened somewhere else. The court found this request did not violate his rights. The court also ruled that other evidence, including statements from witnesses, was presented correctly according to the law. Kelley further claimed that the detective’s testimony included hearsay and should not have been allowed. The court disagreed, stating that the testimony did not qualify as hearsay because it was not offered to prove the truth of the matter. He also objected to the admission of a Kansas judgment that concerns his past criminal record. The court found that the state failed to prove that this past conviction should be used to increase his sentence as a felony under Oklahoma law, which was a significant factor in the decision to remand for resentencing. Kelley argued that the prosecutor made mistakes during his closing arguments, but the court didn’t find enough errors to affect his right to a fair trial. On the matter of whether Kelley received effective help from his lawyer, the court determined that no deficiencies were present that impacted his case. The final summary was that while Kelley’s conviction for Assault and Battery remained intact, the conviction for Rape by Instrumentation was reversed due to a lack of sufficient evidence regarding his previous crime, leading to a mandate for resentencing.

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F-2014-1078

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In OCCA case No. F-2014-1078, Robert Bradley Champlain appealed his conviction for three counts of Lewd Molestation. In an unpublished decision, the court decided to affirm his judgment and sentence but vacated the imposition of post-imprisonment supervision. One judge dissented. The case involved allegations against Champlain for inappropriate conduct with a minor, and a jury found him guilty. Each count resulted in a recommendation for life imprisonment, to be served consecutively. Champlain raised several arguments on appeal, claiming errors in the trial process, including the imposition of consecutive sentences as a punishment for opting for a jury trial and issues regarding evidence of his past convictions. The court did not find merit in these claims. It clarified that the determination of consecutive versus concurrent sentences is within the trial court's discretion. The court also concluded that prior felony convictions had been proven properly, with no significant errors affecting Champlain's rights during the trial. They explained that the State's evidence was sufficient for the jury to uphold the conviction. Champlain also argued that the conduct of the prosecution and the trial court's instructions were unfair. However, the court stated that the issues raised did not prove any misconduct that made the trial fundamentally unfair. His claims regarding ineffective assistance from his counsel were also dismissed, as the court did not see a failure that affected the outcome of the trial. While Champlain did receive life sentences, the court vacated the post-imprisonment supervision, stating it was not applicable in cases of life sentences. In conclusion, the court affirmed the conviction and sentence while correcting certain references related to the timing of the offenses.

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F-2015-187

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In OCCA case No. F-2015-187, Steven R. Jennings appealed his conviction for Domestic Assault and Battery by Strangulation and Domestic Assault and Battery Resulting in Great Bodily Injury. In a published decision, the court decided to reverse Jennings’ conviction for Domestic Assault and Battery Resulting in Great Bodily Injury, while affirming the other conviction. One judge dissented. Jennings was found guilty by a jury for two serious crimes against a person in a domestic situation. The jury recommended a punishment of 25 years in prison for each crime, making a total of 50 years. Jennings thought this was unfair and argued several reasons that should change his situation. First, Jennings said both convictions were for one single action, meaning he shouldn't be punished twice for the same act. The court looked closely at whether the injuries were caused by separate actions or not. They decided that Jennings’ actions were connected and not separate incidents. Because of this, the court agreed with Jennings that he should not have been sentenced for both. Next, Jennings argued that the way the trial was conducted was not fair. He wanted the trial to be held in one stage, which would have simplified things. However, the court believed it was appropriate to have two stages so that the jury wouldn’t be overly influenced by his past convictions when deciding if he was guilty of the new charges. Therefore, they didn’t agree with his claim about this issue. Thirdly, Jennings felt that his lawyer did not help him enough, which meant he did not get a fair trial. The court looked at this claim and decided that Jennings did not show how having a different lawyer would have changed the outcome of his case. They found no clear mistakes made by his attorney that harmed his defense. Finally, Jennings felt that a 50-year sentence was too long. Since the court reversed one of his convictions, this concern became less relevant because his total sentence was reduced. In conclusion, the court affirmed one of Jennings’ convictions, it reversed the other, and decided that he should get a new sentence based on the remaining conviction. One judge disagreed and believed there should be a different outcome.

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F-2014-1100

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In OCCA case No. F-2014-1100, Kenshari Andre Graham appealed his conviction for Second Degree Felony Murder. In an unpublished decision, the court decided to affirm the conviction but remanded the case for resentencing. One judge dissented. Graham was found guilty of murdering Alec McGlory while trying to rob him at gunpoint for illegal drugs. The jury recommended that he serve life in prison, and the trial court agreed with this sentence. During the appeal, Graham argued that the trial court made a mistake by allowing the State to introduce evidence of another crime he committed—a burglary that took place two days after the murder. He believed this should not have been allowed because it did not relate to the murder case. The court reviewed the evidence admitted during the trial to determine if it was appropriate. Normally, evidence of other crimes is not allowed to prove that someone is guilty of the crime they are charged with. However, there are some exceptions to this rule. One exception is if the other crime is closely connected to the crime being charged, which can help to explain it better. In this case, the burglary and the murder were separate events that happened in different places and times. The burglary did not relate to the drug robbery that led to McGlory's murder. The trial court had allowed the burglary evidence in part to show a possible consciousness of guilt, or that Graham was trying to escape the legal consequences of his actions. The court explained that evidence of fleeing can sometimes be used to support the idea that someone is guilty, but they needed to be careful about how it is used. Despite admitting that the trial court made a mistake by allowing the burglary evidence, the court did not believe that this mistake had a significant impact on the jury's decision to convict Graham. The jury also heard strong evidence from two witnesses who testified that Graham confessed to the murder, along with other evidence connecting him to the crime. The judges concluded that the jury likely made their decision based on this solid evidence, and not just the burglary evidence. However, when it came to sentencing, the judges had doubts about whether the court would have given Graham the maximum sentence of life in prison if they hadn’t considered the burglary. Because of this, the court decided to send the case back to the District Court to determine a proper sentence without considering the improperly admitted evidence. Overall, while Graham's conviction remained in place, the judges recognized the need to reevaluate his sentence without the influence of the wrongful entry of evidence from the burglary case.

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F-2014-500

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In OCCA case No. F-2014-500, Dale Lynn Taylor appealed his conviction for Second Degree Rape. In an unpublished decision, the court decided to affirm the conviction but modify the sentence to fifteen years in prison. No judges dissented. Dale Lynn Taylor was put on trial and found guilty of Second Degree Rape after a jury deliberated on the evidence presented. He had a previous felony conviction from 1992, which the State tried to use to enhance his punishment. However, since the previous conviction was over ten years old, it was considered stale and should not have been used for increasing his sentence. The jury originally recommended a punishment of twenty years in prison. The court reviewed Taylor's claims of error, which included the improper use of the old conviction, the admission of certain evidence, and the actions of the prosecution during the trial. The court found that while some issues raised were valid, others were not significant enough to alter the outcome of the case. After looking closely at all the evidence, the court decided that Taylor's sentence should be reduced to fifteen years in prison. They believed this was a fair outcome considering the circumstances of the case and the nature of the crime. Taylor's arguments about the trial process raised important points, but in the end, they did not change the decision about his guilt. The final outcome was that Taylor's conviction remained, but his punishment was adjusted to be more appropriate under the law. The court emphasized that even though there were problems, they did not warrant completely overturning the conviction. Therefore, he would still serve time but for a reduced period.

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J-2015-353

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In OCCA case No. J-2015-353, E.A.F. appealed his conviction for robbery and attempted robbery. In a published decision, the court decided to reverse the order to sentence E.A.F. as an adult and instructed for a new hearing to be held before a different judge, only after a psychological evaluation was completed. Two judges dissented.

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F-2013-974

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In OCCA case No. F-2013-974, Karena L. Gilbreath-Hancock appealed her conviction for Actual Physical Control of a Motor Vehicle under the Influence of Alcohol. In an unpublished decision, the court decided to remand the case for resentencing but affirmed her original conviction. One judge dissented. Gilbreath-Hancock was found guilty after a jury trial and was sentenced to two and a half years in prison along with a fine. She appealed for two main reasons. First, she claimed that her lawyer had a conflict of interest. However, the court found there was no actual conflict because Gilbreath-Hancock did not object to her lawyer's representation during the trial. The court stated that just because she disagreed with her lawyer's strategy, it did not mean there was a conflict of interest. Second, Gilbreath-Hancock argued that her rights were violated as the trial court failed to give the jury all the possible sentencing options available. The court agreed that the trial court made a mistake and needed to correct it. Because of this, they ordered the case to be sent back for resentencing, making sure that the jury would know all their options. In summary, while the court upheld the conviction of Gilbreath-Hancock, they recognized a mistake in the sentencing process and ordered that it be fixed.

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F-2013-812

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In OCCA case No. F-2013-812, Alphie Phillip McKinney appealed his conviction for multiple drug-related offenses, including Trafficking in Illegal Drugs (Cocaine). In an unpublished decision, the court decided to affirm some of his convictions but also reversed two of them. A dissenting opinion was provided on one of the points regarding multiple punishments. The case involved McKinney being found guilty by a jury of various drug crimes. The jury's recommended punishment included many years of imprisonment and fines. The trial court sentenced him accordingly. McKinney raised several arguments in his appeal, seeking to challenge the fairness of his trial and the legality of his sentences. One major point of contention was whether the prosecutor unfairly excluded certain jurors based on race, claiming violation of equal protection rights. The court decided that McKinney did not prove purposeful discrimination and upheld the decisions made by the trial court regarding jury selection. Another argument was about the prosecutor's questioning related to McKinney’s past drug possession case during the trial. The court found that since McKinney had already spoken about his past, the prosecutor's questions did not harm his case. McKinney’s attempt to argue that his multiple convictions for possession of different drugs should be treated as one was considered. The court found that having several drugs at once can still lead to multiple charges under the law. However, they also concluded that McKinney’s convictions for possession in some counts were in error because he could only be punished once for a single action of possession involving multiple drugs. The court further ruled on McKinney's claims that his punishments for different crimes related to the same act went against legal protections against being punished multiple times for the same behavior. The court agreed with some points raised by McKinney about this and decided to reverse two of his possession convictions. However, they maintained that his trafficking conviction and another possession charge did not violate those protections because they fell under different legal conditions. Lastly, McKinney argued that his attorney did not do a good job representing him during the trial. The court reviewed this claim but decided that he did not show that he had suffered any harm from his attorney’s actions and thus did not grant relief based on this argument. In summary, the judgments in Counts I, II, IV, and VI were upheld, while the judgments in Counts III and V were reversed and sent back with instructions to dismiss those charges. One judge agreed with most of the decision but disagreed on how some arguments about multiple punishments were handled. Another judge also showed support for the prosecution's handling of certain charges but felt differently regarding the evaluation of potential double punishments.

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F-2013-36

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In OCCA case No. F-2013-36, Jasper appealed his conviction for Conspiracy, Kidnapping, Attempted First Degree Rape, and First Degree Robbery. In an unpublished decision, the court decided to affirm Jasper's convictions but modify the sentence for First Degree Robbery. One judge dissented. Jasper was found guilty by a jury of four serious crimes. For Conspiracy, he was sentenced to ten years and fined $5,000. For Kidnapping, he received a 20-year sentence. Attempted Rape meant he was sentenced to 22.5 years, and for First Degree Robbery, he was given ten years. The sentences were supposed to be served one after the other, which made his total time in prison very long. Jasper raised several arguments on why he thought his convictions should be changed. He argued that the evidence didn't prove he was part of a conspiracy to commit rape, meaning there wasn't enough proof of an agreement to commit a crime. He also claimed that he shouldn't have been punished for both Kidnapping and Attempted Rape because they were connected to the same act. He believed this meant he faced double punishment for the same offense, which should not happen. Regarding his robbery conviction, Jasper contended that he shouldn't be punished for it because of double jeopardy, a rule that stops someone from being tried for the same crime twice. He also claimed the judge made a mistake when telling the jury about the sentence they could give him for robbery, which he believed went against his rights. Another argument was that some evidence presented during the trial wasn't fair and made him look bad but was not relevant to the case. He asserted that a lot of hearsay evidence was introduced that made his trial unfair and that his lawyer didn’t help him properly. After review, the court found that Jasper's conviction for Conspiracy was supported enough by evidence for the jury to make its decision. They ruled that the convictions for Kidnapping and Attempted Rape were also valid because they were considered separate crimes, meaning he could be punished for both. The claim of double jeopardy concerning his robbery conviction was rejected because the crimes he committed had different elements, making each punishment lawful. When it came to the sentencing instructions for First Degree Robbery, the court recognized a clear error since the jury was told wrong information about the possible sentence. They found that the minimum prison term should have been five years instead of ten. Because of this mistake, Jasper’s sentence for First Degree Robbery was modified. Other claims by Jasper about unfair evidence and the effectiveness of his lawyer did not convince the court to overturn his other convictions. The court believed that, aside from the sentencing issue, his trial was fair overall. At the end, the court kept Jasper’s convictions for Conspiracy, Kidnapping, and Attempted First Degree Rape as they were but changed his sentence for First Degree Robbery to five years. Thus, the court’s decision was mostly in favor of maintaining the original verdict and just correcting the sentencing issue.

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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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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-2011-70

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In OCCA case No. F-2011-70, Christopher Stinson, Sr. appealed his conviction for First Degree Felony Murder, First Degree Arson, and Manufacturing Controlled Dangerous Substance. In a published decision, the court decided to affirm the judgment and sentence on the Felony Murder charge and reverse the Manufacturing charge, stating it should be dismissed due to double jeopardy concerns. One judge dissented.

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C-2011-546

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In OCCA case No. C-2011-546, Myron Emanuel Louie appealed his conviction for Assault with a Dangerous Weapon. In a published decision, the court decided to remand the case for the appointment of conflict-free counsel. One judge dissented. Myron Louie was originally charged with a more serious crime, but he later pleaded guilty to a lesser offense. However, after pleading guilty, he wanted to change his mind and withdraw his plea. The court sentenced him to ten years in prison, even after he expressed his desire to withdraw the plea. Louie then filed a motion to officially withdraw his guilty plea, but the court denied his request during a hearing. During the appeal, Louie claimed that his lawyer had a conflict of interest that affected how well he was represented. He argued that this made it hard for him to get fair legal help, especially during the hearing to withdraw his plea. The judges explained that a lawyer must represent their client fully and not have any conflicts that could hurt the client’s case. The court agreed that the original lawyer did not handle the motion to withdraw effectively and that this lack of proper representation meant Louie's appeal needed to be looked at again with a new lawyer who doesn't have a conflict of interest. They ordered the case to go back to the original court to appoint a new attorney. The judges also stated that if the new attorney managed to get the guilty plea withdrawn, this would be considered a successful outcome in this appeal. But if the motion to withdraw was denied again, all the decisions and details of that hearing would need to be sent back to the appellate court for review. In conclusion, the case was sent back to be re-evaluated with a new lawyer, making it a measurement of fairness and justice for Louie.

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J 2011-0475

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In OCCA case No. J 2011-0475, the appellant appealed his conviction for rape and lewd molestation. In a published decision, the court decided to reverse the order of the District Court denying the appellant's motion for certification as a juvenile and remanded the case to be dismissed. One judge dissented.

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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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F-2010-466

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In OCCA case No. F-2010-466, William Michael DeMoss appealed his conviction for three Counts of Shooting with Intent to Kill and one Count of Assault with a Dangerous Weapon. In an unpublished decision, the court decided to affirm the convictions but vacated the fines associated with each count. One judge dissented. William Michael DeMoss was found guilty of serious crimes, including trying to kill people and attacking someone with a weapon. The jury decided he should go to prison for a long time and also pay money as fines. DeMoss didn’t think the trial was fair and said there were many mistakes made. He argued that there wasn't enough proof to find him guilty, that he couldn’t hear well during the trial, and that he should have had help from experts to prove he had problems. The court looked closely at what DeMoss said and also reviewed all the evidence. They decided that there was enough proof to show that DeMoss did commit the crimes. The court didn’t think his defense attorney did anything wrong to hurt DeMoss's case and that the decisions made during the trial were fair. They also found out that even though there were some mistakes, such as telling the jury they had to give fines when they really didn’t have to, it didn’t change the outcome of the trial. In the end, they agreed with the jury’s decision but took away the fines because it wasn’t right for the jury to have to give them. This means he still has to serve a long prison sentence, but he won't have to pay those extra fines. The court decided that everything else about the trial was okay, and DeMoss's appeal was mostly denied.

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F 2010-422

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In OCCA case No. F 2010-422, Kelsey Danielle Dodson appealed her conviction for child neglect. In a published decision, the court decided to affirm the conviction but modify the imposed fine and assessments. One judge dissented. Kelsey was tried by a jury for two crimes: child abuse by injury and child neglect. The jury found her not guilty of child abuse but guilty of child neglect. They decided she should go to prison for twenty years. Kelsey thought this punishment was too harsh and believed that the court made mistakes by adding fines not decided by the jury. Kelsey argued four main points in her appeal. First, she felt that twenty years in prison was excessive. Second, she thought that the court wrongly imposed a fine without the jury saying it should. Third, she claimed that the court didn't follow the rules when it decided she needed to pay for victim compensation. Fourth, she said the trial court should not have made her pay into a court fund since it was not within its authority. The appellate court looked closely at what Kelsey brought up. They agreed that the twenty-year prison sentence was appropriate for this kind of crime. They found no reason to change that part of the judgment. However, they sided with Kelsey concerning the fines and assessments. The court ruled that the fine imposed by the trial court should be removed because it didn’t match the jury's decision. The court also pointed out that the trial court failed to properly consider the factors required for assessing victim compensation, so that assessment was canceled too. Overall, the court decided that Kelsey would keep her sentence of twenty years in prison, but any additional fines or assessments imposed upon her were removed. The decision was modified to reflect these changes. One judge on the court disagreed with the decision to vacate the victim compensation assessment, arguing that since Kelsey did not object during the trial, she should not have been able to appeal it. This dissenting opinion highlighted that the trial court had sufficient evidence related to the assessment, given that they received a pre-sentence investigation report. In summary, Kelsey’s prison sentence was upheld, but the extra financial penalties were dropped, leading to a mix of agreement and disagreement among the judges involved in the case.

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C-2010-210

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In OCCA case No. C-2010-210, Eric Anthony Damon appealed his conviction for Lewd or Indecent Proposals or Acts to a Child Under Sixteen. In an unpublished decision, the court decided to grant his petition and remand the case for a new hearing, allowing Damon to appoint new counsel. One member of the court dissented. Eric Anthony Damon faced serious charges, and he decided to enter a guilty plea without fully understanding all the details. After entering the plea, he felt that his defense lawyer did not help him properly, especially during the trial. He thought this was unfair and wrote to ask the court if he could change his plea. The court discussed whether Damon should get a new lawyer to help him withdraw his guilty plea. When someone says their lawyer didn’t help them well, the law usually says they should have a different lawyer to make sure everything is alright. The court realized that it can be really tricky when the same lawyer is trying to help with the plea withdrawal while being accused of not doing a good job. Damon had reasons to believe his plea wasn’t fair. During the trial, he had trouble with getting some witnesses to show up. He felt forced to plead guilty since his lawyer could not call certain key witnesses who might have helped him. The court didn’t want to decide if his plea was valid right away. Instead, they thought it would be best to let Damon have a new lawyer represent him in this important matter. In summary, the court agreed with Damon and said he should have a chance to explain his situation better with new legal support. They ordered this to be done and made sure Damon had the right to defend himself with a lawyer who could deal with his concerns about his earlier representation.

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F 2009-70

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In OCCA case No. F 2009-70, Phillip Ray Herndon appealed his conviction for Assault and Battery with a Dangerous Weapon. In an unpublished decision, the court decided to affirm the conviction and the sentence of twenty years imprisonment. One member of the court dissented. Phillip Ray Herndon was found guilty in the Ottawa County District Court. The jury decided on a sentence of twenty years for his crime, which was based on his history of previous felonies. After his conviction, he claimed that the trial had some issues. Herndon pointed out a few problems he believed affected his trial. First, he argued that the judge should have allowed the jury to consider a lesser crime: simple Assault and Battery instead of Assault and Battery with a Dangerous Weapon. He thought this was unfair and took away his rights to a fair trial. Second, he argued that the evidence against him wasn't strong enough to prove he had used a dangerous weapon. He said there was no clear proof that the object he used was actually a dangerous weapon or that it could hurt someone badly. Lastly, he mentioned that the official court documents didn’t show an order that his new sentence would run at the same time as a sentence from another case. He wanted this to be fixed, calling for a correction to the official records. The court reviewed all the facts and evidence presented in the trial and decided that the judge did not make a mistake when refusing the request for the lesser offense. They agreed that there was enough evidence for the jury to convict Herndon of the more serious charge. They also acknowledged that the judge had ordered his sentence to run concurrently with another but agreed that the paperwork needed to be corrected. In the end, the court upheld the sentence of twenty years but sent the case back to fix the clerical error about the sentence running concurrently with Herndon’s other case.

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F 2008-287

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In OCCA case No. F 2008-287, Matthew Thornbrough appealed his conviction for several counts, including possession of a firearm and operating a police radio. In an unpublished decision, the court decided to reverse his conviction for operating a police radio and ordered it to be dismissed, while affirming his convictions for the other charges. One judge dissented.

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F-2007-856

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In OCCA case No. F-2007-856, Ricky Louis Hunter appealed his conviction for Lewd or Indecent Proposals or Acts to a Child Under 16 and Unlawful Use of a Computer. In an unpublished decision, the court decided to affirm the conviction for the first count while dismissing the second count due to double punishment concerns. One judge dissented.

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