F-2018-738

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This document is a summary opinion from the Oklahoma Court of Criminal Appeals regarding the case of Keith Lorenzo Sumpter, who was convicted of Indecent or Lewd Acts with a Child Under Sixteen. Sumpter was sentenced to thirty-five years in prison and appealed his conviction on multiple grounds, asserting errors related to hearsay, the admission of previous testimony, prosecutorial misconduct, and the accumulation of errors leading to an unfair trial. The court addressed each of Sumpter's assertions: 1. **Hearsay and Affidavit**: The court ruled that the trial court did not err in excluding an affidavit by the victim's mother, LaLethia Frederick, which was deemed to be self-serving hearsay without sufficient corroborating evidence to establish its trustworthiness. 2. **Cross-Examination Issues**: The court found that there was no error in admitting Frederick's Preliminary Hearing testimony since defense counsel had ample opportunity to cross-examine her about the lewd conduct allegations. 3. **Reliability of Testimony**: The court determined that the Preliminary Hearing testimony was reliable as it was given under oath and was subject to thorough cross-examination, thereby satisfying legal standards for admissibility. 4. **Federal Due Process**: Sumpter's argument that federal due process mandated the admission of the affidavit was dismissed, as the affidavit did not meet the criteria for reliability or critical importance to his defense. 5. **Prosecutorial Misconduct**: Allegations regarding improper commentary by the prosecutor during closing arguments were evaluated and deemed insufficient to constitute grounds for a fair trial violation. 6. **Cumulative Errors**: The court concluded that because none of Sumpter's claims of error were sustained, the cumulative error argument lacked merit. Ultimately, the Court affirmed the judgment and sentence imposed by the lower court. This summary opinion highlights various legal principles regarding hearsay evidences, the confrontation rights of defendants, and the latitude allowed for prosecutorial arguments, culminating in the decision that Sumpter's trial was conducted fairly despite his claims.

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F-2018-84

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In OCCA case No. F-2018-84, #1 appealed his conviction for #2 driving a motor vehicle while under the influence of alcohol. In a (published) decision, the court decided #3 to affirm the trial court's order to terminate #1 from the Drug Court Program. #n issued a dissenting opinion. Summary: Carl David Wagnon was charged in 2015 with a serious crime for driving under the influence of alcohol after having previous felony convictions. He pleaded guilty and entered a Drug Court program, which was part of an agreement that allowed him to avoid a long prison sentence if he was successful. However, in 2017, he was accused of a new crime, which led to a hearing where the court decided to remove him from the Drug Court program. Wagnon argued that his removal was unfair for several reasons. He claimed that the court relied too much on secondhand information and did not give him a chance to challenge the evidence against him. He also said that his removal was based on a crime that was not formally charged and that he did not receive enough warnings or chances to correct his behavior before being expelled from the program. Lastly, he believed that the court did not clearly explain why he was being removed. The court looked at these arguments but found that Wagnon was treated fairly and that the decision to terminate him from the Drug Court program was appropriate. They stated that the judge had the right to make this decision and had done so correctly, so they upheld the lower court's ruling. The case was affirmed and Wagnon was sentenced to twenty years in prison.

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