Indecent Proposals Archives

F-2018-114

Post author:Staff
Post published:February 6, 2020
Post category:F

In OCCA case No. F-2018-114, Andrew Huff appealed his conviction for four counts of Child Neglect and one count of Child Sexual Abuse. In a published decision, the court decided to affirm his conviction and sentence. One judge dissented. Andrew Huff was convicted of neglecting his children and sexually abusing a minor. He was sentenced to a total of twenty-five years for the neglect charges and thirty years for the sexual abuse, with all sentences running concurrently. He raised several arguments against his conviction, claiming his rights were violated through various means. First, Huff stated that his video-recorded statements to an investigator should not have been allowed in court because he didn't properly waive his right to counsel. The court found no error in admitting the statement, stating that Huff’s questioning did not clearly indicate he wanted a lawyer at that moment. Next, Huff argued that hearsay evidence was incorrectly allowed, which hurt his chance of a fair trial. However, the court found that any hearsay used was not harmful to the case since other clear evidence proved the charges. Huff also claimed improper admission of other crimes evidence during his police interview, but again, the court concluded there was enough evidence for a verdict regardless of those statements. Regarding jury instructions, Huff felt the jury did not receive proper guidance on the laws for child sexual abuse, which the court acknowledged but deemed harmless since overwhelming evidence supported the verdict. Huff’s claim of insufficient evidence was denied as the court found that evidence presented allowed for rational conclusions supporting the guilty verdicts on both child neglect and sexual abuse. He also brought up issues regarding prosecutorial misconduct during the trial. The court examined these claims and determined any alleged misconduct was not severe enough to warrant a reversal of the conviction. Huff argued that his counsel was ineffective for not objecting to the introduction of certain evidence and not properly advising him during the trial. The court disagreed, stating that the counsel's performance, while being scrutinized, did not affect the overall outcome of the trial as there was sufficient evidence against him. Lastly, Huff believed that his sentence was excessive, but the court noted that the punishment was within legal limits and that the nature of the crimes warranted the sentence imposed. The overall decision confirmed that there were no reversible errors during the trial, and the affirmance upheld Andrew Huff’s conviction and sentences.

F 2004-773

Post author:Staff
Post published:January 2, 2006
Post category:F

In OCCA case No. F 2004-773, Alfonzo Daniel appealed his conviction for Lewd Acts with a Child under Sixteen and Making Indecent Proposals to a Child under Sixteen. In an unpublished decision, the court decided to reverse the convictions and remand for a new trial. One judge dissented. Mr. Daniel was charged with serious crimes in Oklahoma. He went to trial, where the jury found him guilty of two counts. He was given twenty years for each count, and the sentences were to be served one after the other, making it a total of forty years. Mr. Daniel thought the trial was unfair for many reasons and decided to appeal. He raised several complaints about what happened during the trial. He argued that a videotaped interview of him should not have been allowed because it was wrongly obtained. He also claimed the judge didn’t watch the whole tape before deciding it was involuntary. He felt that certain information, known as hearsay, was also improperly shared during the trial, and that some testimonies were included which didn’t really connect to his case. Mr. Daniel believed he couldn't properly defend himself because his questioning of the witness was limited and some rules given to the jury were unfair. After looking through all the records and arguments, the court agreed that the admission of the videotaped interview was a significant mistake. The court stated that this mistake was not minor and could have affected the jury’s decision. Therefore, they decided to send the case back for a new trial, where these mistakes could be corrected. The other points Mr. Daniel raised were not examined further since the first mistake was enough to warrant a new trial. The judge who disagreed believed that the errors made were not significant enough to change the outcome of the trial and felt the conviction should stand.