Fourth Amendment

S-2015-446

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In OCCA case No. S-2015-446, James Leonard Martinez appealed his conviction for unlawful possession of a controlled drug with intent to distribute, unlawful possession of drug paraphernalia, and operating without mud flaps. In a published decision, the court decided to affirm the District Court's ruling that suppressed evidence in the case. One judge dissented. The case began when Officer Porter stopped Martinez's vehicle because he believed it lacked the required mud flaps, which the officer thought was a violation of the law. However, the trial court found that Martinez's car had fenders, and according to the statute, if a vehicle has fenders, it does not need mud flaps. Thus, the officer's stop was not justified. The State argued that even if the law did not apply to Martinez's vehicle, Officer Porter had a reasonable but mistaken belief about the law when he stopped Martinez. However, the trial court ruled that the officer's misunderstanding of the law was not reasonable because the law's language was clear. The court reviewed the officer's actions and concluded that he made a mistake of law, which means he misunderstood the actual law regarding mud flaps. Because of this, the court agreed with the trial court's decision to suppress evidence gathered during the stop and to dismiss the case against Martinez. Ultimately, the court confirmed that the stop was not lawful and upheld the trial court's ruling.

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S-2014-564

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In OCCA case No. S-2014-564, Christopher Knight appealed his conviction for unlawful possession of a controlled dangerous substance (methamphetamine). In an unpublished decision, the court decided to affirm the trial court's decision to suppress the evidence found during the search. One judge dissented. Christopher Knight was walking late at night in Ardmore, Oklahoma, when an officer saw him and decided to approach him. The officer, who was still in training, had been told by his supervisor to check on people out late at night. The officer stopped in front of Knight and asked if he could talk to him. Knight agreed to talk, and during their conversation, the officer asked if he could search Knight, to which Knight also said yes. However, the officer later admitted that Knight was not doing anything wrong at the time and there was no good reason for stopping him. Knight argued that the way the officer stopped him made him feel like he had to talk and that he was not free to leave. The court needed to decide if Knight was stopped in a way that violated his rights. The court found that it was not clear that Knight's encounter with the officer was truly voluntary. The State needed to show that Knight felt free to walk away, but there was no evidence that he could easily avoid the officer. Because of this, the court agreed with the trial judge that the evidence collected during the search should not be used against Knight. As a result, the court affirmed the trial court's ruling to suppress the evidence and ordered the case to go back for more proceedings, as long as they followed the decision made. One judge disagreed with this decision, believing that the officer should not be blamed for simply talking to Knight.

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S-2013-103

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In OCCA case No. S-2013-103, Uriel Alajandro Lopez and Maria Magana appealed their conviction for Trafficking in Illegal Drugs. In an unpublished decision, the court decided to affirm the district court's ruling which granted a motion to suppress evidence. One judge dissented. Lopez and Magana were charged in McIntosh County after Trooper Koch stopped their vehicle. Before the trial started, they filed to suppress evidence related to the traffic stop and the search of their vehicle. The district court agreed and granted their motions, leading the state to appeal. The state argued two main points for the appeal. First, they believed the trooper had a valid reason to stop the vehicle, claiming that Magana broke traffic laws by following another vehicle too closely and failing to move for an emergency vehicle. However, the court found that the trooper's basis for the stop was questionable because the laws did not support his reasoning. The trooper said Magana was driving less than two seconds behind a truck, which he thought was unsafe. But he was unable to prove that this was a valid reason under the law. The rules of driving were not clear enough to justify his stop. The court noted that the trooper’s idea of a two-second rule was not mentioned in the traffic laws, which made it hard to understand if there was any real violation. The court also looked at a second reason the state provided, which was that the trooper had seen Magana not move to the left lane for an emergency vehicle. However, the trooper didn’t take any action based on this perceived violation when he stopped the car. Since this point wasn't strongly developed during the hearing, the court didn’t consider it either. Second, the state argued that searching the vehicle was legal because of signs of criminal activity and the consent given by both Lopez and Magana. But since the first argument about the stop was not valid, the search did not hold up in court. Therefore, the appeal was denied and the decision to suppress the evidence was upheld. In conclusion, the court agreed with the district court's decision to grant the motion to suppress, stating that the trooper did not have a good reason for the stop. The opinion from the court was not published for public record, but it reinforced the importance of adhering to the rules of evidence and the proper procedures during traffic stops.

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S-2013-127

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In OCCA case No. S-2013-127, Isaac Paul Bell appealed his conviction for Possession of a Weapon on School Property. In an unpublished decision, the court decided to affirm the lower court's ruling that quashed and dismissed the case. One judge dissented. Isaac Paul Bell was accused of having a weapon on school property, which is against the law in Oklahoma. Bell filed a motion to have the charges dropped, and the judge agreed, deciding that the charges could not stand. The state of Oklahoma did not agree with this decision and appealed, arguing that the police had enough reasons to stop and search Bell. The state presented three reasons why they thought the dismissal was wrong. First, they argued that because there were weapons in plain sight, the police had a good reason to stop Bell. Second, they claimed that Bell agreed to let the police search his car after they asked him about other weapons, and that was okay. Finally, they said the court made a mistake by dismissing the charges when they believed there was enough proof to continue the case. The reviewing court looked carefully at all parts of the situation. They understood that officers must have a good reason to stop someone and that the police had to follow rules when stopping and searching a person. The court found that the officer did not have a strong enough reason to stop Bell. When the officer saw the knives in Bell's truck, there was no reason to think Bell was doing anything wrong because he had not broken any laws, and the knives were properly stored. The court also considered whether Bell's agreement to let police search his truck was valid since he had already been detained wrongly. They decided that Bell's consent was not free and voluntary because it happened immediately after the wrongful detention. Since Bell was handcuffed and questioned by an armed officer without being informed of his rights, the court determined that his consent did not fix the problem caused by the illegal detention. Because of how they resolved the first two points, the third point from the state was no longer important. Therefore, they affirmed the decision to dismiss the case against Bell.

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S-2010-540

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In OCCA case No. S-2010-540, Cavner appealed his conviction for Driving While Under the Influence of Alcohol. In an unpublished decision, the court decided to uphold the district court's decision to suppress the evidence. One judge dissented. The case began when the State of Oklahoma charged Cavner with Driving While Under the Influence of Alcohol. He argued that the traffic stop was not justified because there was no reasonable suspicion for the stop. The district court agreed to suppress the evidence but did not dismiss the case entirely. On appeal, the State argued that the district court made an error by suppressing the evidence. When reviewing these kinds of cases, the court looks at the facts presented and defers to the trial court's findings unless something is clearly wrong. It was nighttime when Deputy Yarber observed a vehicle in the parking lot of an abandoned grocery store. He noted that the car left the parking lot in a lawful manner as he and another officer approached. The deputy did not mention any specific criminal activity and had no reason to believe something illegal was happening. Another officer had previously looked into possible drug activity in the area, but that had not been reported recently. In such situations, officers are allowed to check on people they find in unusual circumstances. However, since the vehicle drove away from the parking lot before Yarber could approach, he needed to stop it on a highway, which changes the situation from a simple question into a detention, known as a traffic stop. The law requires that a traffic stop must be supported by something more than just a hunch or general suspicion. The court explained that deputies must have reasonable suspicion to make a legal traffic stop. They look for specific facts suggesting that a crime may be occurring, which was not the case here. The deputy did not have enough evidence or reasons to suspect that Cavner was committing a crime simply because he was in the parking lot of an abandoned store late at night. The court referenced a prior case to support its decision, comparing the circumstances to those in a previous ruling where a stop was also deemed unlawful due to lack of reasonable suspicion. In Cavner's case, the court ruled that the officers did not have enough evidence to justify the traffic stop. Ultimately, the court affirmed the district court's order to suppress the evidence gathered during the stop, meaning the evidence could not be used against Cavner. The decision highlighted the importance of having proper legal grounds for police actions, ensuring that citizens' rights are protected under the law.

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F-2009-774

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In OCCA case No. F-2009-774, John Calvin Winrow, Jr. appealed his conviction for Unlawful Possession of Controlled Drug With Intent to Distribute (Cocaine) and Possession of Controlled Substance (Marijuana). In an unpublished decision, the court decided to affirm Winrow's convictions but remand the case to the district court for a ruling on whether his sentences should be served consecutively or concurrently. One judge dissented regarding the remand for sentencing.

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F-2009-398

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In OCCA case No. F-2009-398, the Appellant appealed his conviction for Unlawful Possession of a Controlled Substance (Phencyclidine) with Intent to Distribute and Unlawful Possession of a Controlled Substance (Marijuana) with Intent to Distribute. In an unpublished decision, the court decided to affirm the conviction for the first count and reverse the conviction for the second count, with instructions to dismiss it. One justice dissented.

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S-2009-235

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In OCCA case No. S-2009-235, Angel Chavez appealed his conviction for Trafficking in Illegal Drugs (Cocaine). In an unpublished decision, the court decided to affirm the trial court's ruling, which granted a motion to suppress evidence. The court found that the police officer did not have enough reason to keep Chavez detained after a traffic stop, meaning the search that followed was not valid. One judge dissented.

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F-2008-1043

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In OCCA case No. F-2008-1043, William D. Hibdon appealed his conviction for endeavoring to manufacture methamphetamine, possession of a firearm after a felony conviction, and possession of drug paraphernalia. In a published decision, the court decided to reverse and remand his convictions. One judge dissented. Hibdon was found guilty by a jury and was sentenced to a total of 31 years in prison. The convictions were based on evidence found after police officers searched his home without a search warrant. The police had gone to Hibdon’s house after receiving a tip that he was making methamphetamine. When they arrived, they smelled ether, a chemical often used in meth production. After arresting Hibdon, one officer entered the house without a warrant and found more evidence. Hibdon argued that this search violated his rights under the Fourth Amendment, which protects people from unreasonable searches and seizures. He filed a motion to suppress the evidence, but this was denied by the trial court. The appeals court found that the officers had enough time to get a search warrant but did not do so. They decided that there was no immediate danger to the public that would justify the warrantless search. Since the officers did not meet the requirements for an emergency situation, the court believed Hibdon’s rights were violated. Therefore, the evidence obtained during the search could not be used against him. The court reversed Hibdon's convictions and sent the case back for further proceedings. One judge disagreed with the majority's decision, believing that the police acted correctly in their search based on the circumstances they faced at the time. This dissenting opinion asserted that the smell of ether justified a limited check of the house for safety reasons. Overall, the majority decision emphasized the importance of obtaining a proper search warrant to protect individuals' rights, while the dissent highlighted the potential dangers law enforcement officers may face in similar situations.

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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-2007-616

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In OCCA case No. F-2007-616, Donald and Tanya Dorr appealed their convictions for various drug-related charges. In a published decision, the court decided to reverse and dismiss all of their convictions. One judge dissented. Donald Dorr was found guilty of growing and possessing marijuana, carrying a firearm as a felon, and possessing drug paraphernalia. He received a 20-year prison sentence and other fines. His wife, Tanya Dorr, was convicted of marijuana cultivation and possession, receiving a suspended sentence and a fine. The Dorrs argued that the police searched their property illegally. They raised several issues about the search, including that it was based on observations from a helicopter without a warrant, and that their consent to search the property was not given freely. The court found that the initial observation from the helicopter did not violate their rights, as the police were allowed to look from the air. However, the Dorrs raised valid points about the lack of a search warrant. The court noted that police did not show there was immediate danger that required them to act quickly without a warrant. The officers had enough time to get a search warrant after spotting the marijuana. The court also considered the circumstances under which Donald Dorr gave consent to search. They found that the large presence of armed officers, along with a helicopter overhead, likely made it challenging for Dorr to give genuine consent. The judges decided that the officers acted inappropriately by not seeking a warrant and that the consent given was not voluntary. Since the evidence obtained from the search was considered illegal, the court concluded that all charges against the Dorrs should be dismissed. This decision rendered the other arguments made by the Dorrs unnecessary. Therefore, all convictions against Donald Dorr and Tanya Dorr were reversed and dismissed.

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S 2007-1212

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In OCCA case No. S 2007-1212, Jason L. Bandy appealed his conviction for Negligent Homicide. In an unpublished decision, the court decided to deny the appeal regarding the suppression of a blood test. The court found that the State did not show that reviewing the case would be in the best interests of justice, and they concluded that the suppressed evidence was not a significant part of their case against Bandy. Consequently, the case was sent back to the trial court for further action consistent with this opinion. One judge dissented.

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F-2007-1162

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In OCCA case No. F-2007-1162, Leroy White Jr. appealed his conviction for multiple crimes including trafficking in illegal drugs, failure to obtain a drug stamp, assault and battery on a police officer, unlawful possession of paraphernalia, aggravated assault, attempting to destroy evidence, and threatening a violent act. In an unpublished decision, the court decided to affirm White’s convictions and sentences for the most part while vacating some fines. The court carefully reviewed the arguments White made on appeal. He claimed that his rights were violated when police entered his hotel room without a warrant, that he was wrongly punished multiple times for the same actions, and that he did not receive proper jury instructions regarding fines. The court determined that the police had a good reason for entering the hotel room because they smelled marijuana and were responding to a situation where evidence might be destroyed. This justified the warrantless search. White also argued that being convicted for trafficking drugs and failing to obtain a tax stamp should not both lead to punishment. However, the court explained that the law allowed for separate punishments in this case since the two charges were different and required different evidence. Regarding the fines, the court noted that the trial judge had imposed fines without properly instructing the jury on what fines to recommend. The court agreed this was an error, so they decided to vacate these fines but upheld the minimum fine for the trafficking charge. The court affirmed the judgments and sentences given to White, confirming that while some fines were removed, the convictions remained. The judges involved in the decision agreed on most points but noted some concurrence in the results. In conclusion, White's appeal was mostly denied, but some corrections were made regarding the imposed fines.

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F-2006-736

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In OCCA case No. F-2006-736, Russell Wayne Horn, Jr. appealed his conviction for trafficking in illegal drugs (methamphetamine) and unlawful possession of a controlled drug (cocaine). In an unpublished decision, the court decided to reverse his convictions due to an illegal search of his vehicle. One judge dissented. Russell Horn was found guilty by a jury of two drug-related charges: trafficking methamphetamine and possessing cocaine. He was sentenced to life without the possibility of parole for the trafficking charge and 19.5 years for the possession charge after a police search of his home and vehicle. On February 24, 2005, police executed a search warrant at Horn’s home. When they entered, they found a large sum of money and methamphetamine. When searching Horn’s vehicle with keys found in his apartment, an officer triggered the car alarm. While trying to turn off the alarm, he opened the hood of the car and discovered a bag containing more drugs. Horn argued that the search of his vehicle was illegal, asserting that the search warrant did not specifically mention the vehicle he owned. The trial court had denied his motions to suppress the evidence found in his vehicle, and Horn's appeal claimed this was wrong. The court acknowledged that a good search warrant must clearly identify what can be searched and where. It noted Horn's apartment was described in detail, but the vehicle was only vaguely referred to as a certain vehicle, which could apply to any car. The court found that this lack of specificity made the search unauthorized, leading to the conclusion that the search of Horn's car did not comply with the law. Also, the court considered whether the parked vehicle was part of Horn's home's surroundings, which would allow police to search it. The analysis looked at various factors, concluding that the parking lot was a shared space for multiple tenants and not closely associated with Horn's apartment in a way that would protect it under the Fourth Amendment. The State had argued that even if the warrant was insufficient, the search should still be valid under the good faith rule, which allows for legal searches conducted with honest belief in their legality. However, the court disagreed, stating that the police should have followed the law by specifically describing the vehicle in the warrant. Hence, the good faith exception should not apply in this situation. As a result of the improper search, the court reversed Horn's conviction related to drug trafficking and sent it back for a new trial. The conviction for possessing cocaine was also reversed, with instructions to dismiss that charge altogether. The decision was met with dissent from some judges who believed the officers had enough reasonable cause to search the vehicle based on what they knew about Horn’s activities and the illegal substance sales occurring from his home. These dissenting opinions highlighted that the circumstances surrounding the case should have justified the warrantless search of the vehicle.

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F-2006-191

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In OCCA case No. F-2006-191, Hurst appealed his conviction for Lewd Molestation. In an unpublished decision, the court decided to reverse Hurst's sentence and remand the case for resentencing. One judge dissented. Hurst was found guilty of a crime involving inappropriate touching, which led to a sentence of 13 years in prison. Hurst raised four main arguments for his appeal: 1. He claimed the trial court did not give proper instructions to the jury, which made it unfair for him. 2. He argued that some evidence used against him in court was obtained in an illegal way, violating his rights. 3. He said that his attorney was not allowed to talk about certain things during closing arguments, which hurt his defense. 4. He believed that all these errors combined made his trial unfair. The court looked closely at all parts of the case, including the trial records and evidence. They found that Hurst deserved to have a new sentence because the jury had not been properly instructed, particularly about how much time they could decide to give him. This was his first offense and he should have been warned about the sentencing rules. The jury had asked for help with the sentencing, which meant they might have been confused. As for the other arguments, the court decided there weren’t any mistakes that would change the result of the case, like the refusal to give instruction on eyewitness identification or the claims about the way evidence was gathered. The court also agreed that the trial judge was right in limiting what Hurst's attorney could say during closing arguments. In summary, the court affirmed the guilty verdict but reversed the sentence and sent the case back for a new sentencing hearing where the jury would be properly instructed.

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F-2005-1146

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In OCCA case No. F-2005-1146, Pamela Dee Colley appealed her conviction for trafficking in illegal drugs (methamphetamine) and several other drug-related charges. In an unpublished decision, the court decided to affirm her convictions for counts 1, 2, 4, 5, 6, 7, and 8, but reversed her conviction for count 3, possession of marijuana. One judge dissented regarding the reversal of count 3. Pamela Colley was found guilty by a jury for a serious crime related to illegal drugs after a traffic stop conducted by a police officer. The case began when the officer noticed her car making a traffic violation early in the morning. When he pulled her over, he found out that Colley did not have a driver's license and provided some confusing information. The police officer thought that drug dealers were operating in the area, so he called for a K9 unit to further check for drugs. When the dog alerted, the police searched her car and found illegal drugs, scales, and items used for drug use in her purse. Colley was very upset and later gave permission for police to search her, leading to more illegal items being discovered on her. Colley argued in court that her sentence of life without parole was unfair and that she didn’t know about the drugs. She claimed that her attorney didn’t defend her well and that the way the trial was handled had problems. However, the court found that there was enough evidence to support her conviction. They also decided the police did everything by the book during the traffic stop. While the court agreed that one of her charges resulted in a double punishment, it found that her other convictions were valid given the serious nature of the drug trafficking involved. Thus, she will remain convicted on those charges, which involved large amounts of methamphetamine, while they reversed the possession of marijuana charge due to it being a part of the same incident.

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F 2005-569

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In OCCA case No. F 2005-569, Anthony Logan Merrick appealed his conviction for multiple counts of sexual crimes involving minors. In an unpublished decision, the court decided to affirm most of Merrick's convictions but reversed and dismissed certain specific counts. One judge disagreed with part of the decision. Merrick was tried and found guilty of 21 counts of sexual abuse of a child, 2 counts of sexual exploitation of a child, 15 counts of possession of obscene material involving minors, 4 counts of first-degree rape by instrumentation, and 8 counts of indecent or lewd acts with a minor child under sixteen. He received two life sentences and additional time for the other charges, which would run together, but separately from some other counts. Merrick raised several issues in his appeal. He argued that the search warrant used to gather evidence was not valid because it did not show enough probable cause, and therefore, the evidence collected should not have been allowed in court. The court disagreed and explained that the affidavit (the document that supported the search) did provide a reasonable basis for the warrant. They determined that there was enough evidence to suggest a crime had taken place and that the search was lawful. He also claimed the warrant was not detailed enough in specifying what items could be seized. The court found that the warrant was correctly written to allow officers to identify the items they needed to seize. Merrick's next point was about double punishment. He argued he should not be punished for both the act of lewd molestation and the possession of related images, saying it was unfair. However, the court concluded that these were separate crimes, and thus he could be punished for both. Merrick also believed he should only be charged once for a large number of images found, but the court stated that there were indeed separate counts for each type of evidence that were introduced. Lastly, Merrick claimed that his lawyer did not help him enough during the trial, which hurt his case. The court said there wasn't enough evidence to show that he was harmed by his lawyer's performance. As a result, the court upheld the majority of the convictions while reversing some counts related to possession of images, ordering them to be dismissed.

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F-2004-1283

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In OCCA case No. F-2004-1283, Marion Whitmore appealed his conviction for Possession of Controlled Substance (Methamphetamine) After Two or More Prior Convictions, and Unlawful Possession of Drug Paraphernalia. In an unpublished decision, the court decided to affirm his convictions but modified his sentence for possession of methamphetamine from sixty-five years to thirty-five years. One judge dissented, arguing that the original sentence should not have been modified as any error was harmless beyond a reasonable doubt.

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F-2005-422

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In OCCA case No. F-2005-422, the Appellant appealed his conviction for Shooting with Intent to Kill and related offenses. In an unpublished decision, the court decided to affirm the conviction but modify the sentences for certain counts. One judge dissented. The case involved Jerry Lee Mays, who was found guilty of multiple charges, including shooting with intent to kill and possession of a firearm after a felony conviction. The jury sentenced him to several years in prison, varying by count. Appellant believed that the evidence presented at trial was not enough to support his conviction for shooting with intent to kill. He argued that there was no proof of his intent to kill a specific person when he fired his weapon. Mays also claimed that his convictions violated double jeopardy laws, which protect individuals from being tried for the same crime multiple times. He argued that he should not be punished for both possession of a firearm and shooting with intent to kill since they were related offenses. Additionally, he felt that his punishment for possession of a firearm was excessive, that the jury should not have considered assault and battery as a lesser offense, and that the jury did not receive adequate instructions about his right to a fair trial. The court carefully reviewed Mays's arguments and considered all the evidence from the trial. They found that the jury had enough evidence to convict him of shooting with intent to kill. Even though Mays focused on the victim’s perception of his actions, the law does not depend solely on that view but considers all evidence as part of understanding a defendant's intent. The court also concluded that Mays's double jeopardy claim did not hold since he committed two separate offenses at different times. The first offense was possessing the firearm, and the second offense was shooting at people, which were considered distinct. In terms of sentencing, the court recognized that Mays's conviction for possession relied on prior felony convictions, which were also used in different charges. However, they concluded this did not unfairly impact his sentence. Important to note was that the trial court had made an error in telling the jury that Mays's conviction for assault and battery could be enhanced due to previous felonies, which was incorrect for a misdemeanor charge. The judges found that this error did not change the overall outcome significantly, so it was ruled as harmless. They did acknowledge a need to change the length of Mays's sentence for shooting with intent to kill from forty years to thirty years for each of those counts due to one of Mays's points about jury instructions that were missed. Ultimately, the court affirmed most of Mays's convictions and modified some sentences. Despite some errors, the judges felt that Mays received a fair trial overall, and the necessary adjustments to his sentences did not warrant a full new trial.

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F-2004-688

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In OCCA case No. F-2004-688, Arthur Gerald Graves appealed his conviction for Trafficking in Illegal Drugs. In an unpublished decision, the court decided to reverse the conviction and remand the case for a new trial with effective counsel. One judge dissented. Graves was convicted after a non-jury trial where he was found to have drugs in his possession. The police had noticed a lot of people going in and out of a hotel room and decided to investigate. When the police knocked on the door and were let in, Graves showed up with a bag in his hand. This made the officers suspicious. They arrested him and found drugs and cash on him. Graves claimed that the police did not have a good reason to search him or arrest him. He argued he was just carrying his keys when he knocked on the door. However, the trial court did not agree with him and allowed the evidence found to be used against him in court. During the appeal, Graves's main argument was that he did not receive good help from his lawyers. The court found that his lawyers did not do their job well, which affected the trial's outcome. They had three different attorneys, and their lack of teamwork hurt his defense. The judges noted that the defense lawyers failed to present important evidence that could have helped Graves and that they made some arguments that did not relate to the case. The court stated that the mistakes made by Graves's lawyers made it hard to trust the trial's results. Because of this, they decided that Graves deserved another chance to have a proper trial with the right legal help. Therefore, the court reversed his conviction and sent the case back for a new trial.

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F-2003-1241

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In OCCA case No. F-2003-1241, Eddie Don Milligan appealed his conviction for Unlawful Cultivation of Marijuana. In an unpublished decision, the court decided to reverse Milligan's conviction. One judge dissented. Milligan was found guilty by a jury of growing marijuana on his property and was given a six-year prison sentence. He appealed the decision, stating that there were multiple mistakes in his trial, including the improper use of evidence obtained from a search of his property that he believed violated his rights to privacy. The case started when agents from the Oklahoma Bureau of Narcotics were flying in a helicopter looking for marijuana. Due to engine trouble, they flew over Milligan's property and thought they saw marijuana plants. They did not check for sure but recorded the spot and returned the next day, where they saw only corn. They then obtained a search warrant and found some marijuana leaves near a burn pile, but nothing else that indicated marijuana was being grown. Milligan argued that the helicopter flight over his property violated his right to privacy. The court agreed, saying he had a reasonable expectation of privacy in his yard. The agents hadn't done enough to confirm they saw marijuana before getting the warrant. In the end, the court ruled that Miligan's rights were violated and reversed his conviction, sending the case back for further proceedings. The other arguments he made about his trial mistakes were not addressed since this decision resolved the main issue.

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F-2004-281

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In OCCA case No. F-2004-281, Lori Jo Schram appealed her conviction for Possession of Precursor Substances with the Intent to Manufacture a Controlled Dangerous Substance (Methamphetamine). In an unpublished decision, the court decided to affirm the conviction and sentence but vacated the order of restitution. One member of the court dissented. Lori Jo Schram was found guilty by a jury in Grady County after the police found items related to methamphetamine production at a trailer. The jury decided that she should go to prison for ten years, but five years would be suspended, along with a fine of $10,000. The court also said she needed to pay $2,544.46 to the victim. On appeal, Schram raised several points for why she thought her conviction should be reversed. First, she said the trial court made a mistake by not allowing a motion to suppress evidence. She argued the police obtained a search warrant through an illegal search. However, the court explained that an officer was invited to the property and found suspicious items in plain view. Therefore, the court said the search was legal and that the trial court did not make an error. Second, Schram claimed that the prosecution did things that were unfair and that these actions affected her sentence. The court looked at the instances she mentioned and noted that the trial judge told the jury to ignore any improper comments from the prosecutor. The court believed this helped fix any potential errors, and since Schram received a light sentence, the issues raised did not impact it. Finally, Schram argued that the amount of restitution she was ordered to pay was wrong because she was not convicted of manufacturing methamphetamine, only possession. The court agreed that the trial court did not properly determine the restitution amount based on the guidelines, so they decided to vacate that order and send it back to the trial court for a proper assessment. Overall, the court upheld the conviction but changed the restitution order, making it necessary for the trial court to reassess how much Schram owed.

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F 2003-189

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In OCCA case No. F 2003-189, James Dean Meadows appealed his conviction for First Degree Murder. In an unpublished decision, the court decided to reverse and remand the case for a new trial. One judge dissented. James Dean Meadows was found guilty of First Degree Murder by a jury. The trial took place in Oklahoma City from February 10 to 18, 2003. The jury decided that he should spend life in prison for his crime. After being sentenced on February 21, 2003, Meadows appealed, bringing up five issues he believed were wrong with the trial. One of the key issues was about how his videotaped statement to the police was collected. Meadows argued that the police violated his rights by not properly informing him of his right to remain silent before they questioned him. He claimed that he was not voluntarily giving his statement, as he was taken from his home by police with guns drawn, and they did not tell him he was under arrest at the time. The police later interviewed him at their station, where they pressured him to admit his involvement in the crime. The court found that Meadows was indeed not free to leave when the police took him from his home, which meant that he was effectively under arrest without being formally informed. Because of this illegal seizure, the court ruled that his confession to the police could not be used as evidence against him. The court stated that such a confession was obtained without the rights requiring a formal warning being given to Meadows. Since the court decided that Meadow's confession was not admissible, the judgment against him was reversed, meaning he would have to be tried again. Because of this decision, the other issues raised in the appeal were not considered. In summary, the court determined that James Dean Meadows should have a new trial because the way the police obtained his confession was illegal and violated his rights.

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F-2003-747

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In OCCA case No. F-2003-747, John Carl Marquez appealed his conviction for Assault and Battery Upon a Police Officer, Prisoner Placing Bodily Fluids on a Government Employee, and Domestic Abuse, Assault and Battery. In an unpublished decision, the court decided to affirm the convictions for Resisting a Police Officer and Domestic Abuse but modified the sentence for the charge of Prisoner Placing Bodily Fluids from life imprisonment to thirty years. One judge dissented regarding the length of the modified sentence. The case involved an incident where Marquez got into a fight with his wife after a night of drinking. His wife called her parents for help, which led to the police being called. When officers arrived at their trailer, Marquez was found in the bathtub and refused to cooperate. After struggling with the officers, he was handcuffed and later spat on one of them. The jury convicted him for several offenses based on this behavior, and the trial court initially sentenced him to one year for the first and third counts and life imprisonment for the second count. During the appeal, Marquez argued that the life sentence was too harsh and that his arrest was illegal. The court found the arrest was lawful, the prosecution’s conduct was acceptable, and the cumulative errors did not deny him a fair trial. However, the court agreed that the life sentence for a non-violent act, such as spitting, was excessive and changed it to thirty years, citing a need for more reasonable sentencing. While the majority of the court upheld most of the trial court's decisions, a dissenting judge expressed that even the thirty-year sentence was excessive compared to the gravity of the crime Marquez committed against his wife, suggesting a need for sentencing reform to ensure fair punishment across similar cases.

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S-2003-445

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In OCCA case No. S-2003-445, the State appealed the decision regarding Joey Dean Taylor's conviction for possession of a controlled substance (methamphetamine) and unlawful possession of paraphernalia. In a published decision, the court decided to affirm the lower court's ruling. One judge dissented. The case began when Joey Dean Taylor was a passenger in a pickup truck that was stopped by a deputy for speeding. During the stop, the deputy asked both the driver and Taylor if he could search them. The driver consented, but Taylor said yes to a pat-down search. After the search, the deputy found knives and a syringe in Taylor's pocket. Taylor was later arrested when methamphetamine was discovered in his hand at the jail. The lower court found that Taylor did not truly consent to the search, and the higher court agreed that the State did not provide enough evidence to show the consent was voluntary. They ruled that the earlier decisions were correct, and thus, they affirmed the lower court's ruling.

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