Home Invasion Archives - OCCA Opinions

F-2015-155

Post author:Staff
Post published:March 31, 2016
Post category:F

In OCCA case No. F-2015-155, Sauter appealed his conviction for robbery with a firearm and burglary in the first degree. In a published decision, the court decided to reverse the conviction due to insufficient evidence. One judge dissented. Sauter was found guilty by a jury in the District Court of Nowata County and was sentenced to a total of forty-seven years in prison along with fines. The evidence presented during the trial primarily came from two accomplices, Welsh and Fulcher. Sauter argued that since these accomplices’ testimonies were not supported by independent evidence, his convictions should not stand. The court explained that under Oklahoma law, the testimony of an accomplice cannot solely support a conviction unless there is other evidence that connects the defendant to the crime. The court found that while there was evidence linking Sauter’s vehicle to the crimes, there was no evidence that directly implicated Sauter himself. Since the only evidence against Sauter came from the testimonies of Welsh and Fulcher, which lacked corroboration, the court had to reverse the convictions. The dissenting judge felt there was enough independent evidence connecting Sauter to the crimes, particularly the fact that Sauter's car was used and that he had been seen driving it shortly before the home invasion. This judge believed that the jury could conclude Sauter was complicit in the robbery and burglary based on the evidence presented.

S-2013-694

Post author:Staff
Post published:June 19, 2014
Post category:S

In OCCA case No. S-2013-694, Fred A. Green, Ronald Krushe, and Christopher Thornburg appealed their conviction for kidnapping and first-degree burglary. In a published decision, the court decided to affirm the dismissal of the charges against them. One judge dissented. The case began when the three men, who were bail bondsmen, went to a home to arrest two individuals, Billy and Pam Jones, who were staying there. They knocked on the door, entered the home, and handcuffed the Joneses to take them into custody. The homeowner, Patrick Wills, and his wife were not happy about this and called the police. While Green and his employees thought they were legally allowed to arrest the Joneses because they had a valid bond, the State of Oklahoma disagreed and charged them with burglary and kidnapping. The trial court disagreed, stating that the bondsmen did have the right to make the arrests. The State argued that the men acted unlawfully because of certain statements made during the incident, but the court found that they were working within their rights as bail bondsmen. Ultimately, the court upheld the decision to dismiss the charges, stating there was no abuse of discretion by the trial court in concluding that the bondsmen were acting legally.

S-2013-696

Post author:Staff
Post published:June 19, 2014
Post category:S

In OCCA case No. S-2013-694, S-2013-695, S-2013-696, the defendants appealed their conviction for kidnapping and first-degree burglary. In a published decision, the court decided to affirm the dismissal of the charges against the defendants. No one dissented. The case began when three bail bondsmen, Fred Green and his two employees, Ronald Krushe and Christopher Thornburg, were charged with kidnapping and burglary after they tried to arrest two people, Billy and Pam Jones, who had skipped out on their bail. They went to a home in Pawnee County where the Joneses were staying and entered without permission. They handcuffed the couple and attempted to take them to jail. However, the defendants argued that they had the legal right to arrest the Joneses because they had a valid bond with them. The court found that since they were acting within their legal authority when they arrested the couple, they did not commit kidnapping or burglary. The State disagreed, claiming that the defendants had intended to commit a crime. However, the court concluded that the defendants were within their rights and did not abuse their power. Therefore, the charges were dismissed, and the court upheld this dismissal in their ruling.

F-2001-609

Post author:Staff
Post published:May 14, 2002
Post category:F

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.