Inculpatory Statement Archives

F-2002-1351

Post author:Staff
Post published:April 29, 2004
Post category:F

In OCCA case No. F-2002-1351, Barrett appealed his conviction for First Degree Murder. In an unpublished decision, the court decided to reverse the conviction and remand for a new trial. One judge dissented. Randy Barrett was found guilty of First Degree Murder in a trial. The jury said he should go to prison for life and pay a fine. Barrett thought the judge and the jury made mistakes. He raised several points in his appeal, saying there were errors during his trial. One of the main issues was that Barrett's lawyer did not tell him about the lesser charges that he could have been found guilty of instead of First Degree Murder. Barrett felt that he didn’t understand this and claimed his lawyer gave him bad advice. Barrett wanted to fight for a chance to potentially get a lesser sentence but didn’t pursue it because he was worried his lawyer said that mentioning those charges could lead to a longer prison sentence. Barrett argued that the evidence against him didn’t really support the murder charge, especially the claim about kidnapping the victim as part of the crime. He also thought the jury saw unfair photographs that shouldn’t have been leaked during the trial, hurting his chance for a fair trial. Additionally, he believed his lawyer wasn’t allowed to explain certain details about the case, which affected the way the jury viewed his actions. The court looked carefully at Barrett’s complaint. It found that Barrett was right in saying his lawyer didn't give him good advice about applying for the lesser charges. This misguidance led Barrett to give up an important option that could have benefited him. The court pointed out that Barrett’s lawyer was confused and didn't accurately inform him about his chances for parole based on different sentences. Because of these mistakes by his lawyer, the court decided that Barrett deserved another trial to get a fair chance. They reversed the earlier decision and sent the case back to start again. One judge disagreed with this choice, believing that Barrett was a smart individual who made a choice in consultation with his lawyer and understanding the risks.

J 2001-616

Post author:Staff
Post published:October 24, 2001
Post category:J

In OCCA case No. J 2001-616, J.J.A. appealed his conviction for three counts of Burglary of an Automobile. In an unpublished decision, the court decided to affirm the conviction but modify it to reflect only two counts of Burglary of an Automobile. One member of the court dissented. The case began when a petition was filed against J.J.A. claiming he was a delinquent child due to the alleged burglaries. An adjudication hearing was held where the evidence was presented. J.J.A. argued that his rights were violated because statements made by a co-defendant who did not testify against him were used, and this went against his right to confront witnesses as established in a past case. After reviewing the details, the court found that although the trial court did not consider any statements that directly implicated J.J.A., two other codefendants did testify against him regarding two of the burglaries. As a result, the court decided to modify the adjudication to show that he committed only two counts instead of three. Overall, the decision confirmed the conviction but adjusted the count to ensure it aligned with the evidence presented.