F-2018-1046
**Summary of the Case:** In the Court of Criminal Appeals of the State of Oklahoma, Adam Russell Hemphill, Sr. was convicted by a jury of Child Neglect. He was sentenced to twenty-five years' imprisonment. Hemphill raised two issues on appeal: (1) allegations of prosecutorial misconduct during closing arguments and (2) the trial court's admission of evidence regarding his prior drug use. **Issues Presented:** 1. **Prosecutorial Misconduct:** - Hemphill argued that prosecutorial misconduct during closing argument prejudiced his right to a fair trial, primarily due to the prosecutor's references to his past marijuana use and comments regarding uncharged crimes. - The Court found that although some remarks made by the prosecutor were questionable, they did not rise to the level of affecting Hemphill's substantial rights or rendering the trial fundamentally unfair. The absence of objection to most comments and the strength of the evidence against Hemphill contributed to this conclusion. 2. **Admission of Evidence:** - Hemphill contested the introduction of evidence regarding his past marijuana use, asserting it was irrelevant and inadmissible as evidence of bad acts. - Although the Court agreed that the evidence was not relevant to the case and constituted an error in its admission, it ultimately concluded that the error was harmless in light of the overwhelming evidence of Hemphill's guilt. **Decision:** The appellate court affirmed the district court's judgment and sentence, determining that Hemphill was not entitled to relief on either of his claims. **Concurrences:** Judge Hudson concurred in the results but disagreed with the majority regarding the prosecutor's cross-examination about marijuana use. He believed the admission of this testimony did not constitute an abuse of discretion and was relevant to Hemphill's claims about his financial situation. --- For full details and legal citations, refer to the complete decision linked above.