In OCCA case No. C-2019-263, Floyd Joseph Ball, Jr. appealed his conviction for Rape in the First Degree and Kidnapping. In an unpublished decision, the court decided that the State of Oklahoma did not have the right to prosecute Ball because he is considered an Indian under federal law, and the crimes occurred in Indian Country. The judgment and sentence were reversed, and the case was remanded to the District Court with orders to dismiss it. One judge dissented from this decision.
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 In an unpublished decision, the court decided to grant part of his appeal regarding one misdemeanor charge while denying all other claims.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.
In OCCA case No. M-2016-596, Lyndol Keith Nunley appealed his conviction for Domestic Abuse - Assault and Battery. In an unpublished decision, the court decided to affirm his conviction. One judge dissented. The case began with a non-jury trial in which Nunley was found guilty of committing domestic abuse against someone he knew. The judge sentenced Nunley to pay a fine and to spend time in county jail. Initially, he was required to serve his jail time day for day, meaning he would serve the full year without any reductions. However, this requirement was later changed. Nunley appealed for three main reasons. First, he claimed his lawyer did not do a good job because there was no record of what happened during the trial, which made it hard for him to appeal. The court explained that to prove a lawyer was ineffective, a person must show how this caused them harm. Since Nunley did not give enough proof or show that any errors happened during the trial, his claim was not accepted. Second, Nunley argued that his sentence was too harsh. He believed the day for day term made his punishment excessive. However, since that requirement was removed after he filed his appeal, this argument was no longer valid. Lastly, Nunley pointed out that he received the maximum penalty allowed by law. The court noted that while it did impose the maximum jail time, his fine was much lower than what he could have received. The judges decided that Nunley did not show that his sentence was shocking or unfair, so they rejected his request to change it. In the end, the judges upheld the decision made in the lower court, meaning Nunley had to serve his sentence as it was decided.
In OCCA case No. C-2016-778, Donald Garra Patterson appealed his conviction for Abuse by Caretaker, Unlawful Removal of a Dead Body, and Obtaining a Controlled Substance by Forgery/Fraud. In an unpublished decision, the court decided to affirm his convictions on most counts but modified the sentence for Unlawful Removal of a Dead Body due to it being greater than allowed by law. One judge dissented. Patterson had entered a plea of guilty to various charges and was sentenced to multiple terms of imprisonment, including ten years for Abuse by Caretaker and seven years for each of the other charges. Afterward, he wanted to withdraw his plea, claiming he did not fully understand what he was pleading guilty to and felt his lawyer had not helped him properly. The main issues raised included whether his plea was made knowingly and if his lawyer had conflicts of interest or failed to give him correct information. The court found that Patterson didn't support his claims about not understanding the plea and concluded his sentence for the crime of Unlawful Removal had to be changed because it was wrongly set longer than the law allowed. The court also confirmed that the mistakes in advising Patterson were not enough to prove he was treated unfairly by his lawyer. Ultimately, the court decided to lower his sentence for Unlawful Removal of a Dead Body to the correct maximum of five years and instructed the lower court to fix some record-keeping errors regarding fees.
In OCCA case No. M 2007-0560, William Galletly appealed his conviction for splitting contracts. In an unpublished decision, the court decided to reverse his conviction and dismiss the case. One judge dissented. Here's a simpler explanation: William Galletly worked as the City Manager of Grove. He was charged with splitting a big contract into smaller ones, which is against a law meant to create fairness in bidding for city contracts. A jury found him guilty of this charge and he had to pay a fine. The main question was whether what he did should be considered a crime. The law at the time of his actions did not clearly state that splitting contracts was a crime, which is why the court decided he should not be punished under the general rules for misdemeanors. Because of this, they decided to reverse the punishment and dismiss the case against him. One judge disagreed with this decision.
In OCCA case No. RE-2006-363, the appellant appealed her conviction for possession of a controlled dangerous substance (cocaine) with intent to distribute. In a published decision, the court decided to affirm the revocation of the suspended sentence but modified the sentence to six years of incarceration. One judge dissented. The background of the case includes that the appellant entered a guilty plea in July 2003 and was sentenced to twelve years, which was suspended on the condition that she complete an inpatient drug treatment program. However, in March 2005, the state filed an application to revoke her suspended sentence due to several violations, including failure to report to her probation officer and failing to comply with drug testing and treatment requirements. The court found that she also had new drug-related charges against her. In November 2005, a hearing took place where she admitted to the violations. The court then revoked her suspended sentence completely. The appellant later tried to withdraw her plea regarding the revocation but was denied. The review showed that the court followed proper procedures, and the evidence supported the decision to revoke her sentence. Although the court upheld the decision, it decided to lower the amount of time she would spend incarcerated from twelve years to six years.
In OCCA case No. F-2004-67, Marrio D'Shane Willis appealed his conviction for robbery with a firearm. In an unpublished decision, the court decided to reverse the conviction. One judge dissented. Marrio D'Shane Willis was found guilty by a jury for robbing someone while using a gun. Because he had a previous conviction, the court gave him a sentence of ten years in prison and a fine. Willis did not agree with this decision and decided to appeal. Willis claimed that his attorney did not do a good job in representing him during the trial. He said that the only witness who identified him as the robber had made a mistake and that there was evidence to support that claim which was not presented in the trial. Willis asked for another chance, known as a new trial, based on this new information. The appeals court looked into Willis's claims and sent the case back to a lower court to find more information. This lower court had a hearing where they listened to the eyewitness. During this hearing, the eyewitness changed his story and said he was not sure about his identification of Willis during the trial. He even said he thought another person might be the actual robber. The appeals court found that Willis’s attorney did not try hard enough to prove that the eyewitness might have made a mistake. They decided that if the attorney had investigated this more during the trial, it could have led to a different result. They believed Willis was treated unfairly because of his lawyer's mistakes. After reviewing everything, the appeals court reversed Willis's conviction, meaning he would not be found guilty anymore based on the trial's results. They agreed with the findings of the lower court that the eyewitness's changed testimony made it difficult to trust what he had said during the trial. In conclusion, the court said that the way Willis was represented in court was not good enough, and because of that, they decided he should not have been convicted of robbery.
In OCCA case No. C-2004-903, David Wayne Laughlin appealed his conviction for Sexual Abuse of a Child. In a published decision, the court decided to grant Laughlin’s request to withdraw his guilty plea and remand the case for a new hearing. One judge dissented.
In OCCA case No. F-2002-1454, Richard Val Crews appealed his conviction for multiple serious crimes including Rape by Instrumentation, Forcible Sodomy, Kidnapping, Robbery, and others. In an unpublished decision, the court decided to reverse one of the convictions related to the possession of a firearm after conviction, allowing for a new trial on that count. The other convictions were affirmed. One judge dissented, suggesting that the case should be dismissed rather than retried.
In OCCA case No. F 2002-809, the appellant appealed his conviction for trafficking in illegal drugs and possession of a firearm while committing a felony. In a published decision, the court decided to reverse the conviction. One judge dissented. Russell Andrew Doza was found guilty of trafficking in methamphetamine and possessing a firearm during a felony. The trial took place in Logan County, where the judge sentenced him to ten years in prison for the drug charge and two years for the firearm charge. The sentences were set to be served at the same time. The main point of the appeal was whether the police officers had the right to search his car. The appellant argued that the officers were outside their legal area when they conducted the search. The court agreed with him, referencing a previous case that stated police cannot perform searches outside their jurisdiction. Because the evidence used against him was obtained unlawfully, the court found there was not enough evidence to support his convictions. Therefore, they reversed the lower court's decision and instructed that the case be dismissed.
In OCCA case No. F-2000-367, Kenneth Matthew Crase appealed his conviction for Manufacturing a Controlled Dangerous Substance - Methamphetamine. In an unpublished decision, the court decided to reverse the conviction with instructions to dismiss the case. One member of the court dissented. Crase was found guilty by a jury and sentenced to twenty years in prison and fined $50,000. He argued several points about why he should not be convicted. He claimed there was not enough evidence to prove he helped make methamphetamine. He also said there wasn't enough support for the testimony from an accomplice, that evidence of other crimes was unfair during his trial, and that the prosecutors behaved badly, making it hard for him to get a fair trial. After looking closely at all the evidence and records from the trial, the court agreed with Crase. They found that just being present and knowing that someone was making methamphetamine did not mean he was guilty of making it or helping to make it. The court concluded that there was not enough proof to convict him, so they reversed the lower court's decision and ordered the case to be dismissed.
In OCCA case No. F 2000-599, Charles Earl Smith, Jr. appealed his conviction for Omitting to Provide for Minor Child. In an unpublished decision, the court decided to affirm the conviction and modify the restitution amount. One judge dissented. Charles Earl Smith, Jr. was found guilty in a court for not taking care of his child. After the trial, he was sentenced to three years in prison and ordered to pay a fine and restitution. The restitution amount was initially set at $10,247.00, but Smith argued this was unfair. The court looked at the case closely and found that the restitution amount should actually be changed to $10,035.25 after considering some payments that Smith had already made. They agreed that the judge had the right to ask for restitution, but the amount needed to be fixed. In the end, the court agreed with Smith about changing the restitution amount but kept the rest of the conviction the same.
In OCCA case No. M-2000-230, Frank Ford appealed his conviction for Domestic Abuse. In a published decision, the court decided to reverse the sentence and order that it be aligned with the jury's verdict. One judge dissented.