Illegal Search

F-2014-310

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In OCCA case No. F-2014-310, Jeffery Alan Patton appealed his conviction for Manufacture of Controlled Dangerous Substance (Methamphetamine) and other related charges. In an unpublished decision, the court decided to affirm the convictions for manufacturing methamphetamine and possession of a firearm during the commission of a felony, but reversed the conviction for possession of a firearm after felony conviction. One judge dissented on the decision regarding the firearm convictions. Appellant Patton was found guilty by a jury of manufacturing methamphetamine and possessing firearms while committing a felony, as well as possessing a firearm after a felony conviction. He was sentenced to life imprisonment for the first charge, and ten years and two years for the other firearm charges, respectively. Patton argued that the evidence against him was not strong enough and that his lawyer did not effectively defend him. The court reviewed his claims that there was not enough proof that he manufactured methamphetamine and did not actually possess the firearms during the crime. However, the court found that there was enough evidence presented at trial, which could lead any reasonable person to believe he was involved in the crime. The first two propositions were denied, meaning they did not agree with Patton on those points. In regards to his claims of ineffective assistance of counsel, the court found that his lawyer's actions during the trial did not fall below the necessary standards of proper legal representation. Therefore, this proposition was also denied. One of Patton's major contentions was about double jeopardy, saying he should not have been convicted for both firearm charges that arose from the same incident. The court agreed, recognizing that both convictions came from the same act, leading them to dismiss the second firearm possession conviction. As for Patton’s claim that his sentences were too harsh, the court concluded they were within legal limits and not excessively severe. They also noted that Patton didn’t ask for his sentences to run at the same time, leading them to decide there was no error in making his sentences consecutive. Patton also argued he should receive credit for time served before his sentencing; however, because he did not bring this up in court earlier, he could not successfully appeal this point. Lastly, he claimed the evidence should have been suppressed since the search was illegal, but the court determined that the deputies had a good reason for their actions due to public safety concerns. In summary, the court upheld most of Patton's convictions and sentences, highlighting the principle that sufficient evidence and procedural rules were followed during his trial, while reversing one conviction related to firearm possession.

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S-2009-667

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In OCCA case No. S-2009-667, the State of Oklahoma appealed its conviction concerning Christy Anne Selders. In a published decision, the court decided to affirm the decision of the District Court of Tulsa County, which dismissed one of the charges against Selders. One judge dissented. The case began when Selders was charged with trying to make illegal drugs and also for defrauding a hotel. During the preliminary hearing, the judge had to decide if the police had a good reason to search Selders' hotel room and if they could use the evidence found there. After the State presented its case, Selders argued that the police search was not legal because they didn't have the right to enter the hotel room without proper permission. The judge agreed with Selders and decided to dismiss the charge related to manufacturing drugs, saying that the evidence was not strong enough to link Selders to the crime. The State didn't agree with this decision and decided to appeal, saying the judge made mistakes. They believed that Selders had given permission for the search and that there was enough evidence to try her. Another judge reviewed the case and eventually decided to uphold the original judge's decision. This judge agreed that the police may have thought they had permission to search, but still, they couldn’t prove that Selders was connected to any illegal activity in the hotel room. After reviewing everything, the court decided not to change the first ruling. They said that the dismissal of the charge was correct and that there was no abuse of discretion by the judges involved in the case. In the end, the court confirmed that the order to dismiss the charge against Selders was valid, meaning she would not face trial for that particular accusation.

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F-2007-616

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In OCCA case No. F-2007-616, Donald and Tanya Dorr appealed their convictions for various drug-related charges. In a published decision, the court decided to reverse and dismiss all of their convictions. One judge dissented. Donald Dorr was found guilty of growing and possessing marijuana, carrying a firearm as a felon, and possessing drug paraphernalia. He received a 20-year prison sentence and other fines. His wife, Tanya Dorr, was convicted of marijuana cultivation and possession, receiving a suspended sentence and a fine. The Dorrs argued that the police searched their property illegally. They raised several issues about the search, including that it was based on observations from a helicopter without a warrant, and that their consent to search the property was not given freely. The court found that the initial observation from the helicopter did not violate their rights, as the police were allowed to look from the air. However, the Dorrs raised valid points about the lack of a search warrant. The court noted that police did not show there was immediate danger that required them to act quickly without a warrant. The officers had enough time to get a search warrant after spotting the marijuana. The court also considered the circumstances under which Donald Dorr gave consent to search. They found that the large presence of armed officers, along with a helicopter overhead, likely made it challenging for Dorr to give genuine consent. The judges decided that the officers acted inappropriately by not seeking a warrant and that the consent given was not voluntary. Since the evidence obtained from the search was considered illegal, the court concluded that all charges against the Dorrs should be dismissed. This decision rendered the other arguments made by the Dorrs unnecessary. Therefore, all convictions against Donald Dorr and Tanya Dorr were reversed and dismissed.

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S-2005-1250

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In OCCA case No. S-2005-1250, Dinkins appealed his conviction for trafficking in illegal drugs, assaulting a police officer, attempted destruction of evidence, and driving without a seatbelt. In an unpublished decision, the court decided to affirm the trial court’s ruling, which had granted Dinkins's motion to suppress evidence collected during an illegal search. One judge dissented.

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S-2005-657

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In OCCA case No. S-2005-657, the State of Oklahoma appealed a ruling related to two individuals who were accused of having marijuana with the intent to distribute, along with drug paraphernalia. In an unpublished decision, the court decided to uphold the lower court's ruling that excluded certain evidence. One judge dissented. Here's what happened: The police received a report that someone smelled marijuana coming from a house. When an officer arrived at the scene, he also smelled the marijuana and entered the home without permission. He searched a few areas and found marijuana and a pipe. The two accused individuals stated that the police officer had no right to enter or search their home. Eventually, a search warrant was issued based on the officer's report of the smell of marijuana. However, during a preliminary hearing, it was decided that the initial search was illegal because the officer did not have permission to enter the house and there were no emergency reasons to justify his actions. The judge in the lower court decided that the evidence collected from the illegal search could not be used to support the search warrant, meaning that the search warrant itself could not stand. Since there was no valid reason to issue the search warrant without the evidence from the initial illegal search, the evidence collected after the warrant was also thrown out. The state argued that the smell of marijuana alone could be enough to justify the search warrant. Still, the judge said that strong evidence was needed and that the warrant was based too much on the illegal findings from the first search. This led the court to agree that the evidence against the accused individuals could not be used, affirming the earlier decision made by the lower court. In short, the court ruled that because the initial search was illegal, it weakened the case against the accused, and thus their evidence should not be included.

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M-2004-802

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In OCCA case No. M-2004-802, the appellant appealed his conviction for Driving Under the Influence of Alcohol and Possession of a Controlled Dangerous Substance (Marijuana). In a published decision, the court decided to reverse the conviction and remand with instructions to dismiss. One judge dissented. The case began when the appellant was stopped by a police officer early in the morning because his car was parked in a lot with its lights on, near a closed restaurant. The officer got suspicious due to a series of burglaries happening in the area recently. When the officer approached the car, it began to move. The officer then decided to stop the vehicle to ask what the appellant was doing there. During the trial, the appellant argued that the stop was illegal. He believed that the officer did not have enough reason to suspect that he was doing something wrong. The officer admitted during the hearing that he did not know for sure if the appellant was involved in criminal activity when he made the stop. The court reviewed the situation and concluded that the officer did not have a good reason to think the appellant was doing anything suspicious. They pointed out that the appellant's actions could easily be seen as innocent. The conclusion was that the officer did not have reasonable suspicion, which is necessary to make a legal stop, and therefore the evidence collected after the stop should not have been used against the appellant. Ultimately, the court reversed the conviction, meaning that the case would not proceed further and the appellant's charges would be dismissed. One judge disagreed with the decision, arguing that the officer had good reasons to make the stop based on the circumstances around the time and location.

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F-2004-281

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In OCCA case No. F-2004-281, Lori Jo Schram appealed her conviction for Possession of Precursor Substances with the Intent to Manufacture a Controlled Dangerous Substance (Methamphetamine). In an unpublished decision, the court decided to affirm the conviction and sentence but vacated the order of restitution. One member of the court dissented. Lori Jo Schram was found guilty by a jury in Grady County after the police found items related to methamphetamine production at a trailer. The jury decided that she should go to prison for ten years, but five years would be suspended, along with a fine of $10,000. The court also said she needed to pay $2,544.46 to the victim. On appeal, Schram raised several points for why she thought her conviction should be reversed. First, she said the trial court made a mistake by not allowing a motion to suppress evidence. She argued the police obtained a search warrant through an illegal search. However, the court explained that an officer was invited to the property and found suspicious items in plain view. Therefore, the court said the search was legal and that the trial court did not make an error. Second, Schram claimed that the prosecution did things that were unfair and that these actions affected her sentence. The court looked at the instances she mentioned and noted that the trial judge told the jury to ignore any improper comments from the prosecutor. The court believed this helped fix any potential errors, and since Schram received a light sentence, the issues raised did not impact it. Finally, Schram argued that the amount of restitution she was ordered to pay was wrong because she was not convicted of manufacturing methamphetamine, only possession. The court agreed that the trial court did not properly determine the restitution amount based on the guidelines, so they decided to vacate that order and send it back to the trial court for a proper assessment. Overall, the court upheld the conviction but changed the restitution order, making it necessary for the trial court to reassess how much Schram owed.

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F-2001-1048

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In OCCA case No. F-2001-1048, Wendy Leann Underwood appealed her conviction for Possession of Methamphetamine, After Former Conviction of Two or More Felonies. In an unpublished decision, the court decided to affirm the conviction but modify the sentence. One judge dissented. Here’s a simple summary of the case: Wendy Leann Underwood was found guilty by a jury for having methamphetamine after she had committed other crimes before. The jury decided she should go to prison for 40 years. However, Wendy thought there were problems with how her case was handled, so she asked a higher court to review it. Wendy raised several points for why she believed her conviction and sentence should be changed: 1. She argued that the police search which found the drugs was not done properly, so the drugs should not have been used against her in court. She also said her lawyer did not fight this issue well enough. 2. She thought the trial did not properly explain to the jury that a person who testified against her was an accomplice and that there should have been supporting evidence for what that person said. 3. Wendy pointed out that many of her past criminal cases were actually part of the same situation, so they should not count as multiple offenses. 4. She believed her punishment should have been based on specific drug laws instead of general laws for repeat offenders. 5. Wendy thought she should get a lighter sentence because of new laws that help non-violent offenders. After looking carefully at everything, the court found that the police search was legal and that Wendy's lawyer did not make a mistake by not challenging it. They also decided that the person who testified against Wendy was not someone who required additional proof, so that was fine too. However, the court agreed that too many of Wendy's past convictions were counted, since many of them happened during the same event. Therefore, they decided to change her sentence from 40 years to 30 years. They felt that was fair based on the laws. Regarding the other issues raised by Wendy, the court determined that the punishment was appropriately based on the laws and that the new laws did not apply to her case. Thus, they kept her conviction but made her time in prison shorter. In conclusion, her conviction stood, but her time in prison was reduced to 30 years, with one judge thinking it should be even less.

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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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