Fourth Amendment

F-2002-718

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In OCCA case No. F-2002-718, Veronica Coronado appealed her conviction for Trafficking in Illegal Drugs. In an unpublished decision, the court decided to reverse the conviction. One judge dissented. Veronica was found guilty of trafficking illegal drugs and was sentenced to ten years in prison with a fine of $25,000. After reviewing the case closely, the court found an important problem with how the police searched Veronica. The judges stated that her rights were violated because the search did not follow the rules laid out in the U.S. Constitution. According to the Constitution, people should not be subjected to unreasonable searches. The judges referred to an important case, Terry v. Ohio, which explains that police can only search someone if they have good reasons to believe that the person is dangerous. In Veronica's case, the officer who searched her did not have specific reasons to believe she was armed or dangerous. The search was done just as a normal procedure. Also, after the officer looked and determined she was not carrying a weapon, the officer had no right to take anything from her without a warrant, which is a legal document allowing police to search. Therefore, since the search was not done the right way, any evidence found during that search should not have been used against her in court. Because of these issues, the judges decided that Veronica should not have been convicted and ordered that her case be dismissed.

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F 2002-1116

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In OCCA case No. F 2002-1116, Billy Ray Rodgers appealed his conviction for Manufacturing Methamphetamine. In an unpublished decision, the court decided to reverse the conviction and remand the case with instructions to dismiss. One judge dissented. Billy Ray Rodgers was found guilty of manufacturing methamphetamine in Oklahoma County. He was sentenced to thirty-five years in prison and a fine of fifty thousand dollars. After the trial, he appealed the decision, raising several reasons why he believed the conviction should be overturned. First, he argued that the evidence did not show he actively participated in making methamphetamine. The law states that for someone to be convicted of a crime, there must be proof that they either committed the crime themselves or helped someone else do it. In this case, the court agreed with Rodgers. They said that simply being present at the scene of the crime was not enough to prove that he was guilty of manufacturing meth. Rodgers' lawyer had argued that the trial judge did not give the jury proper instructions. He also claimed there were mistakes made by the prosecutor and that his own lawyer did not do a good job, which all contributed to an unfair trial. Lastly, he said that the evidence collected against him should not have been used because it was obtained through an illegal search. After reviewing all the evidence and arguments, the court decided that there was not enough proof to support the conviction. They found that being present at the meth lab did not equal participating in its operation. Therefore, they reversed his conviction and ordered that the case be dismissed entirely. The dissenting judge believed there was enough evidence to sustain the conviction. They argued that Rodgers was present where meth was being manufactured, and there were items connecting him to the lab. This judge felt that a reasonable juror could find him guilty based on the evidence, which included his fingerprints on lab equipment and his social security card found there. In summary, the court overruled the conviction because they believed the evidence did not sufficiently prove Rodgers was involved in the crime, while one judge disagreed and thought the evidence was enough for a conviction.

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F-2002-808

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In OCCA case No. F-2002-808, Milton Veran Williams appealed his conviction for distribution and possession of crack cocaine. In an unpublished decision, the court decided that his convictions for possession with intent to distribute and maintaining a place for selling drugs were reversed and dismissed, but his conviction for distribution was affirmed with a reduced fine. One judge dissented, believing the entry into Williams' home was justified under exigent circumstances.

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F-2002-1509

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In OCCA case No. F-2002-1509, Dontrell Maurice Baird appealed his conviction for trafficking in illegal drugs, possession of controlled dangerous substances, and possession of CDS without a tax stamp, as well as unlawful possession of drug paraphernalia. In an unpublished decision, the court decided to affirm the convictions but required resentencing on the trafficking and possession charges, while upholding the sentence for the possession of drug paraphernalia. One judge dissented. Baird was convicted in the District Court of Payne County on multiple drug-related charges. The jury sentenced him to a total of 82 years in prison across four counts, with some sentences running concurrently and others consecutively. However, Baird appealed on several grounds, claiming that his right to due process was violated due to incorrect jury instructions on punishment, that evidence for some charges wasn't sufficient, and that his sentences were excessive. The court found that errors in the jury instructions affected the punishment range for three of the counts. Both Baird and the State agreed that the jury was not properly informed about the range of penalties for trafficking in cocaine base, possession of marijuana, and possession of CDS without a tax stamp. Baird's prior convictions complicated the appropriate classification of his current offenses, leading to confusion that the jury was not guided through properly. The court established that it would have been correct for the jury to be told about the proper punishment ranges, based on Baird's prior crimes. Given these mistakes in the instructions, the court decided to send the case back for resentencing on those counts without requiring a new trial. Despite Baird's claims that he was deprived of effective legal counsel, the court ruled that the issues raised concerning the jury instructions were enough to grant leniency in this case. The other claims, focusing on the sufficiency of evidence and whether the cumulative errors affected the trial's fairness, were found not to necessitate any further relief. Thus, the court upheld Baird's convictions but needed to correct the sentencing errors related to trafficking and possession charges, while confirming the sentence for unlawful possession of drug paraphernalia as appropriate.

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F 2001-1497

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In OCCA case No. F 2001-1497, Michael Keith Brock appealed his conviction for multiple drug-related offenses. In a published decision, the court decided to reverse his conviction for one count but affirmed the convictions for the other counts. One judge dissented. Michael Brock was found guilty after a jury trial on several counts including manufacturing methamphetamine and trafficking illegal drugs. The court sentenced him to a total of 40 years in prison and fines totaling $185,000. He appealed the decision, raising multiple issues regarding the legality of his search and seizure, his treatment in court, and the sufficiency of the evidence against him. The court reviewed several arguments from Brock. He claimed that the search was unreasonable and violated his rights, and he argued that he should not have been brought before the jury in jail clothes. He also contended that the affidavit for the search warrant did not give enough reason for the police to search him and that the search of a person not named in the warrant was illegal. The court found that Brock did not properly object to many of the issues he raised during the trial. It ruled that the search and seizure were valid and did not violate his rights. They determined that wearing jail clothing did not prejudice him during his trial. While the court agreed that one of the charges—possession of a precursor substance—was incorrectly charged and reversed that conviction, they upheld the remaining convictions. Ultimately, the decision led to the reversal of one count against Michael Brock while affirming the rest of his convictions.

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F-2001-231

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In OCCA case No. F-2001-231, Mark Eugene Smith appealed his conviction for Attempted Manufacture of Methamphetamine, Driving under Suspension, Possession of a Controlled Drug, and Possession of a Precursor Substance Without a Permit. In a published decision, the court decided to affirm the convictions and sentences on the charges of Attempted Manufacture of Methamphetamine, Driving under Suspension, and Possession of a Controlled Drug. However, the court reversed and dismissed the conviction for Possession of a Precursor Substance Without a Permit and the related fine. One judge dissented.

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F-2001-609

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In OCCA case No. F-2001-609, John Henry Harris appealed his conviction for Trafficking in Illegal Drugs. In a published decision, the court decided to reverse the conviction with instructions to dismiss the case. One judge dissented. John Henry Harris was found guilty in a trial without a jury. The court sentenced him to fifteen years in prison and a fine of $25,000. However, Harris appealed this decision, arguing that the police had violated his rights during the arrest. The main issue was whether the police were allowed to enter Harris's home without a warrant. The court reviewed the case law related to the Fourth Amendment, which protects people from unreasonable searches and seizures. Generally, police need a warrant to enter a person's home, unless there are special circumstances. One of these situations is called hot pursuit, which means the police can follow someone closely if they believe a crime has been committed and the person might escape. In this case, the court found that Harris's arrest did not require a warrant since the police were trying to apprehend him for minor traffic violations and a misdemeanor charge. They ruled that there were no exceptional circumstances that would justify entering the home without a warrant. The court also emphasized that the police needed to show that waiting for a warrant would have resulted in the loss of evidence, which they did not prove. As a result, the court stated that the trial court had made a mistake by not agreeing to Harris's request to dismiss the evidence obtained during the illegal entry into his home. Since the evidence was critical for his conviction, the court had no choice but to reverse Harris's guilty verdict and instructed the trial court to dismiss the charges against him. The dissenting opinion believed that the police acted properly. The dissenting judge pointed out that Harris committed multiple traffic violations and tried to escape from the police by running into a house where he did not live. When the police arrived, the homeowners informed them that Harris should be chased. The dissenting judge felt that the police were justified in entering the home to make the arrest and to prevent potential harm to the homeowners. In summary, the court’s decision to reverse Harris’s conviction was based on the belief that his rights were violated through an illegal entry into his home without a warrant.

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F-2001-1028

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In OCCA case No. F-2001-1028, Terry Wayne Jennings appealed his conviction for Trafficking in Illegal Drugs. In an unpublished decision, the court decided to reverse his conviction and dismissed the case. One judge dissented. Terry Wayne Jennings was found guilty by a jury in Kiowa County. The jury recommended he be sentenced to eighteen years in prison, and the judge also added a fine of $25,000, even though the jury did not suggest it. Jennings appealed his sentence, raising several issues. One of the main points in his appeal was about the search warrant used to collect evidence against him. Jennings argued that the warrant was based on a weak affidavit, which is a written statement used to get permission from a judge to search a place. He claimed that his rights were violated because this affidavit did not provide enough information to believe there was a good reason to search his property. The court reviewed the details of how the warrant was issued and the information given to the judge who approved it. They said that in deciding whether there was probable cause for a search, the judge needed to believe there was a fair chance that the information was true. Important details like whether the informing person was credible or if their information offered any independent confirmation were necessary. In this case, the specific informant's information was not well-supported. The court noted that there was no past history of the informant giving reliable information to the police. They compared this case to a previous case where a similar situation led to the suppression of evidence. After looking carefully at the affidavit, the court felt there was not enough solid information for the judge who issued the warrant to conclude that there were true grounds for the search. As a result, the court decided that Jennings’ conviction was based on evidence that should not have been allowed, reversing his conviction and ordering that the case be dismissed. In conclusion, the decision from the court meant that Jennings was no longer considered guilty based on how the evidence was collected. The court stressed that following proper legal procedures is important to protect everyone's rights, especially in criminal cases.

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F-2000-1078

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In OCCA case No. F-2000-1078, Samuel Leroy Muzny appealed his conviction for Unlawful Cultivation of Marijuana. In a published decision, the court decided to reverse the conviction and remand the case. One judge dissented. Muzny was charged and tried in the District Court of Lincoln County. He was found guilty of growing marijuana on his own property and was sentenced to fifteen years in prison, with eight years suspended, and a $5000 fine. Muzny raised several arguments in his appeal. He stated that agents from the Oklahoma Bureau of Narcotics should not have entered his fenced property without a warrant to check for marijuana plants. He claimed this violated his right to privacy and was against both state and federal laws. The court examined these arguments closely. The majority found that because the agents entered a posted and fenced area without a warrant, this violated Muzny’s constitutional rights. They referred to a previous case to support their conclusion that the warrants are necessary for such searches. Therefore, they reversed Muzny's conviction. One judge disagreed with this decision and wrote a dissent. He believed the court was changing established laws on search and seizure, which could create confusion for future cases. He argued that the law should remain consistent to ensure fairness and clarity in the legal system. In summary, the court’s decision led to Muzny’s conviction being overturned due to the lack of a warrant for the search, while a dissenting judge believed this ruling undermined the established legal framework.

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F 2000-1543

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In OCCA case No. F 2000-1543, James Rickey Ezell, III appealed his conviction for Trafficking in Illegal Drugs, Resisting an Officer, and Public Drunk. In an unpublished decision, the court decided to affirm the conviction for Resisting an Officer and Public Drunk but modified the sentence for Trafficking in Illegal Drugs from seventy years to forty years imprisonment. One judge dissented. Ezell was convicted after a jury trial where he faced three charges. The jury decided on tough punishments, including a long 70-year sentence for the drug charge. Ezell argued that his arrest was illegal and that various legal mistakes were made during the trial, including issues with how the jury was selected and his lawyer's performance. The court reviewed these points carefully. They found that Ezell's arrest was legal and that the jury selection did not violate his rights. The law under which he was charged for drug trafficking was also upheld as valid. However, the court agreed that his defense lawyer didn't do enough to investigate previous convictions that were used against Ezell during sentencing. Because of this lack of investigation, the court reduced his long sentence for drug trafficking but kept the other convictions intact. In the end, Ezell's hard punishment for drug trafficking was changed, but he still faced serious time for his actions.

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F 2000-862

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In OCCA case No. F 2000-862, Taress Lamont Owens appealed his conviction for Unlawful Possession of a Controlled Drug with Intent to Distribute. In an unpublished decision, the court decided to affirm the conviction but vacate the $11,000 fine. One judge dissented. Taress Lamont Owens was found guilty by a jury in a case related to illegal drug possession. He was sentenced to 60 years in prison and a fine of $11,000. Taress believed there were several reasons why his conviction should be overturned or the fine changed, so he appealed the decision. First, he argued that the evidence against him should not have been allowed in court because it was obtained in violation of his rights. However, the judges felt that the search was legal because it was done with consent. They confirmed that the evidence was strong enough to convict him based on the facts of the case. Taress also thought that the evidence presented against him was not enough for a conviction. But the judges disagreed, saying there was sufficient proof that he intended to sell the drugs. He mentioned that some evidence was not relevant to the case, but the judges found the officer’s testimony useful to show the intention behind his actions. Taress raised issues about his rights being violated and that he did not receive proper help from his lawyer during the trial. The judges looked at these claims and stated that there was no proof that he had been poorly represented in court. Finally, while the judges agreed on most points, they all felt that the fine imposed by the jury was too high according to the law. They decided to cancel the fine because the jury's instructions were incorrect regarding whether the fine should be mandatory. In conclusion, the court upheld Taress Lamont Owens' conviction but nullified the excessive fine, allowing him some relief from the financial penalty imposed during the trial.

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F-2000-1304

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In OCCA case No. F-2000-1304, Michael Renee Powell appealed her conviction for manufacturing controlled dangerous substances (CDS), unlawful possession of methamphetamine, maintaining a place for keeping and selling drugs, and unlawful possession of paraphernalia. In an unpublished decision, the court decided to reverse and dismiss the conviction for manufacturing CDS due to insufficient evidence. It noted that the conviction for maintaining a place for keeping and selling drugs would be modified to a misdemeanor instead of a felony. The court affirmed the convictions for the other counts. One judge dissented regarding the reversal of the manufacturing charge, believing there was enough evidence to uphold that conviction.

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F-2000-991

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In OCCA case No. F-2000-991, Tammy Renee Baldwin appealed her conviction for possession of a controlled and dangerous substance (methamphetamine) and possession of a controlled and dangerous substance (marijuana). In an unpublished decision, the court decided to reverse the conviction for the marijuana charge and affirmed the conviction for methamphetamine. One judge dissented. Tammy Baldwin was found guilty of possessing both methamphetamine and marijuana in Oklahoma. The jury sentenced her to 20 years in prison for methamphetamine and 1 year in jail for marijuana, and the sentences were to be served one after the other. Baldwin raised several points in her appeal. First, she argued that her two convictions violated the double jeopardy rule, which means you can’t be punished more than once for the same offense. She believed that because both drugs were found in the same place, it should be treated as one act. Second, she claimed her rights were violated because the judge had already decided to give her consecutive sentences if she was found guilty, which she felt was unfair. Third, Baldwin thought the judge made a mistake by not letting the jury hear her side of the story, specifically by refusing to give instructions about circumstantial evidence. Fourth, she argued that the evidence obtained from her purse should not have been allowed in the trial because it violated her rights against illegal searches. Lastly, she felt that all these errors combined made the trial unfair, which denied her due process. After looking closely at Baldwin’s case, the court agreed that the two convictions for possession were wrong because they were based on the same act of possession. The court decided that having both drugs in one place meant she could only be charged with one count of possession, not two. Due to this, they reversed the marijuana conviction but kept the methamphetamine conviction and the 20-year prison sentence. The judge's other points were either not decided or did not matter because of this main decision about the double jeopardy issue. The final outcome was that Baldwin's sentence for methamphetamine stayed, but the marijuana charge was dismissed, meaning she didn’t have to serve time for that. One judge disagreed with the majority decision.

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F-2000-484

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In OCCA case No. F-2000-484, Sam Henry Watkins appealed his conviction for Endeavoring to Manufacture Methamphetamine. In an unpublished decision, the court decided to reverse his conviction and remand the case for a new trial. One judge dissented. Watkins was tried in a court without a jury and found guilty of trying to make methamphetamine. He was given a 20-year prison sentence. Watkins claimed that there were several mistakes made during his trial that should change the decision. He argued that: 1. He did not properly give up his right to have a jury trial. 2. The police illegally took evidence from him and questioned him. 3. Inappropriate evidence was used against him, which made his trial unfair. 4. He did not have good help from his lawyer. The court looked carefully at all these points and the entire situation. They concluded that Watkins did not show that he willingly gave up his right to a jury trial, which was important. The court noted that there was no proof that he understood what giving up that right meant. Therefore, this was a mistake. As for the evidence collected from Watkins, the court decided that it did not need to change the decision. The court found no error in the way the police handled the evidence during his detention. In the end, the court reversed Watkins's conviction and sent the case back for a new trial. This meant that he would get another chance to defend himself against the charges.

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F 2000-341

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In OCCA case No. F 2000-341, Cortez Lamont Franklin appealed his conviction for Possession of a Controlled Dangerous Substance (Cocaine Base). In an unpublished decision, the court decided to reverse the conviction. One judge dissented. Cortez Franklin was found guilty after a trial in Oklahoma County. The jury sentenced him to twenty years in prison. He appealed, arguing that the trial court should have excluded evidence found during his arrest, claiming it violated his rights under the Fourth Amendment. He also said the evidence was not enough to prove he had the drugs. The appellate court looked at the reasons for stopping Franklin. The judges found that the police did not have reasonable suspicion when they detained him. Because Franklin's detention was considered unreasonable, they stated that the drugs found during this unlawful detention could not be used as evidence. Since there was no valid evidence left to support his conviction, the court reversed the trial court's decision, meaning Franklin's case was sent back with instructions to dismiss the charges against him. They did not need to discuss Franklin's second point about the sufficiency of the evidence.

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