In-Court Identification Archives

S-2011-765

Post author:Staff
Post published:July 18, 2012
Post category:S

In OCCA case No. S-2011-765, Steven Cory Lymen appealed his conviction for Second Degree Burglary. In an unpublished decision, the court decided to deny the State's appeal to reverse the trial court's decision. The court determined that the trial court did not misuse its authority when it suppressed evidence and dismissed the case. The State had argued that the witness's identification of Lymen was valid despite it being considered unduly suggestive initially, but the court ultimately agreed with the trial court’s conclusion that the identification was not reliable.

F-2005-901

Post author:Staff
Post published:December 8, 2006
Post category:F

In OCCA case No. F-2005-901, Robert Glenn Davis appealed his conviction for Robbery with a Firearm and Possession of a Firearm. In an unpublished decision, the court decided to affirm the conviction for the robbery but modified the sentence for possession to five years. One judge dissented, suggesting that the sentence for robbery should also be reduced. Davis was found guilty in the District Court of Oklahoma County for robbing someone with a gun and for having a firearm when he was not allowed to do so because of past felony convictions. The jury decided on the punishments: thirty years for the robbery and ten years for the firearm possession, which meant he would serve those sentences one after the other. Davis's appeal included several points of error. He claimed that the prosecutor asked him wrong questions about staying silent after his arrest. The court found this was a mistake but also decided that it didn’t change the outcome of the trial. Another point he raised was about how a police officer's testimony was used, but because there was no complaint at the time, it didn't affect his fair trial rights. Davis also argued that he shouldn't have been convicted of both robbery and possession of a firearm, but the court found these were separate actions. He mentioned that the instructions on evidence were wrong, but again the court ruled that they were correct. Regarding a specific rule about how long someone has to serve, the court agreed that they should have mentioned it, leading to some change in sentencing. After looking at everything, the court decided that Davis's conviction for robbery would stay, but the time he had to serve for the firearm possession was cut down to five years. The sentences would still run one after the other. There were different opinions among the judges, with some agreeing entirely with the decision while another thought the robbery sentence should also be lesser.

F-2001-230

Post author:Staff
Post published:March 27, 2002
Post category:F

In OCCA case No. F-2001-230, Shihee Hason Daughrity appealed his conviction for two counts of Robbery with a Dangerous Weapon and one count of False Personation. In a published decision, the court decided to affirm his convictions on the robbery counts but reversed the conviction for False Personation. One judge dissented. Daughrity was tried along with another person and was found guilty of robbing someone while using a dangerous weapon and falsely claiming to be someone else. The judge sentenced him to a long time in prison and also made him pay fines. Daughrity thought the trial was unfair and wanted to appeal. The court looked at the reasons Daughrity gave for why he thought he should win his appeal. He questioned whether there was enough proof for the False Personation charge because there wasn't clear evidence that he impersonated an actual person. The court reviewed previous cases to understand what counts as False Personation. They found that in this case, there wasn’t enough proof to show he impersonated someone who could be harmed by his actions. While the evidence seemed to show he used a fake name to escape responsibility for his actions, the instructions given to the jury were incomplete. Because of this, Daughrity's conviction for False Personation was reversed, which means he shouldn’t have been found guilty of that charge based on how the jury was instructed. However, they kept his convictions for robbery since they were clear and backed by enough evidence. In conclusion, while Daughrity's robbery convictions stayed, he won on the False Personation count. The judges made sure that the right procedures were followed, highlighting how important it is for juries to have complete and clear instructions when they are deciding on guilt.