Indicia Of Reliability Archives

F-2018-595

Post author:Staff
Post published:July 11, 2019
Post category:F

**IN THE COURT OF CRIMINAL APPEALS OF THE STATE OF OKLAHOMA** **GARRET TAYLOR MANKIN,** Appellant, Case No. F-2018-595 **v.** **STATE OF OKLAHOMA,** Appellee. --- **FILED IN COURT OF CRIMINAL APPEALS OF THE STATE OF OKLAHOMA, JUL 11 2019** John D. Hadden, Clerk --- ### SUMMARY OPINION **HUDSON, JUDGE:** **Background:** Garret Taylor Mankin was tried and convicted in a nonjury trial in Pontotoc County District Court (Case No. CF-2015-347) for two counts of Lewd Acts with a Child Under Twelve (Counts 1 and 3), violating 21 O.S.Supp.2013, § 1123(A)(2). He was sentenced to twenty-five years imprisonment for each count, with the last five years of both sentences suspended. Originally charged with eleven counts, the trial court dismissed the majority by agreement of the parties. Mankin must serve eighty-five percent of his sentence before being eligible for parole. **Propositions of Error:** Mankin raises two propositions of error concerning the trial court's admission of hearsay statements from the alleged victims, P.M. and F.Y. 1. **Admittance of P.M.'s Hearsay Statements:** Mankin argues that the hearsay statements made by P.M. were not inherently trustworthy. The court found that the statements were admissible under 12 O.S.Supp.2013, § 2803.1, which allows for the admission of hearsay statements made by children under twelve regarding sexual contact against them if deemed reliable. Upon review: - P.M. disclosed the inappropriate touching to both her mother and a forensic interviewer, with consistent elements in her accounts. - Merely due to the nature of her disclosure or the method of questioning, the statements remained trustworthy. - The court determined that there was no abuse of discretion in this ruling. 2. **Admittance of F.Y.'s Hearsay Statements:** Mankin contends that F.Y.’s statements were not spontaneous or consistent, arguing similar points regarding terminologies used and that they lacked reliability. Upon review: - F.Y. made statements on the same day she was seen being inappropriately touched. - The mother’s questioning was open-ended and not leading. - F.Y.'s use of child-appropriate language (referring to the genitalia as a fat leg) supported the statement’s reliability. - The trial court's decision to admit the statements was upheld due to sufficient indicia of reliability. **Outcome:** After thorough consideration of the entire record and the propositions raised, the Court found no error that warranted relief. The judgments and sentences imposed by the District Court were affirmed. **Concurrences:** - Lewis, P.J. - Kuehn, V.P.J. - Lumpkin, J. - Rowland, J. **Opinion Filed:** Hudson, J. **Note**: For further details, you can download the full opinion [here](https://opinions.wirthlawoffice.com/wp-content/uploads/F-2018-595_1735312387.pdf).

F 2017-0031

Post author:Staff
Post published:January 11, 2018
Post category:F

In OCCA case No. F 2017-0031, Heath Saxon Ford appealed his conviction for driving a motor vehicle while under the influence of alcohol and unauthorized use of a vehicle, both felonies. In a published decision, the court decided to reverse his termination from the Drug Court Program and remand the case for reinstatement into a Drug Court program, preferably in another county. No one dissented. Heath Saxon Ford was charged with multiple offenses in McCurtain County. He pleaded guilty to two of them and entered a Drug Court Program, agreeing to specific conditions. If he didn’t follow these conditions, he could be sentenced to twelve years in prison. The state wanted to kick him out of the Drug Court Program, saying he violated his agreement by having a bad drug test. At a hearing, a witness said something about the drug test results, but she didn’t perform the test herself nor was the actual test introduced as evidence. Ford argued that this was not fair and that they used hearsay, which is when someone talks about what another person said instead of providing direct evidence. The court agreed that the hearsay could not be the only reason for terminating Ford from the program and that they didn’t show strong enough evidence to prove he violated the terms. There were also concerns about how the Drug Court was being run, suggesting possible impropriety. Because of these issues, the court decided to reverse the decision to end Ford's participation in the Drug Court Program and ordered that he be reinstated, possibly in a different county's program.

S-2014-812

Post author:Staff
Post published:August 6, 2015
Post category:S

In OCCA case No. S-2014-812, the State of Oklahoma appealed the conviction of Adam Clayton Zilm for Sexual Abuse of a Minor. In an unpublished decision, the court decided to affirm the ruling of the District Court that suppressed certain child hearsay statements. One judge dissented. The case started when Adam Clayton Zilm was charged with sexually abusing a minor in Tulsa County. Before the trial began, there was a hearing to determine if the statements made by the child victim, K.A., could be used as evidence in the trial. During this Reliability Hearing, the child made statements to a forensic interviewer and a neighbor about the alleged abuse. However, K.A. later testified that she had not been abused and said she had been influenced to make claims about the abuse. The State argued that the trial court was wrong to suppress the child’s statements because they believed the statements should have been allowed to support the case against Zilm. The court had to decide if these hearsay statements were trustworthy to be presented at trial. According to Oklahoma law, a child’s hearsay statements can be used if the court finds them to be reliable based on several factors. The trial court decided that K.A.'s statements to the forensic interviewer and neighbor were not reliable enough. They allowed K.A. to give her testimony because it was necessary to determine if her earlier statements could be trusted. The court found inconsistencies in her testimony compared to her earlier claims, which made the hearsay statements questionable. The appellate court upheld the trial court's decision, stating that they did not abuse their discretion by suppressing the hearsay statements from the child victim. They believed the trial court made the right choice by considering the total context around the statements. Meanwhile, one judge disagreed. This judge felt that the earlier statements made by K.A. should still be considered admissible. They argued that the trial court focused too much on K.A.'s later testimony, which could have been influenced and not truly reflected what had happened earlier. Overall, the court decided that the suppression of the hearsay evidence was appropriate, allowing the earlier ruling to stand and ensuring that K.A.'s inconsistent statements were not used in the trial against Adam Clayton Zilm.

F 2002-772

Post author:Staff
Post published:July 29, 2003
Post category:F

In OCCA case No. F 2002-772, Joseph Alexander Simrak appealed his conviction for Possession of a Controlled Dangerous Substance and Possession of a Firearm after a felony. In an unpublished decision, the court decided to reverse the conviction and remand the case with instructions to dismiss. One judge dissented. The case began when the appellant was arrested. He was found with methamphetamine and a firearm, which he challenged in court, arguing that the arrest was not lawful. The appellant claimed that because his arrest was unlawful, all the evidence found during the arrest should not have been used against him in court. The court agreed with the appellant and found that the information used to justify his arrest was not reliable. Therefore, the evidence from the unlawful arrest should not have been included in the trial. The jury had previously decided that the appellant should go to prison for ten years for each charge, and those sentences were to be served one after the other. However, since the court found the arrest illegal, both convictions were reversed. The remaining issues raised by the appellant were not considered because the ruling on the arrest was significant enough to change the outcome of the case. Ultimately, the court stated that the appellant would not be punished for these convictions due to the way the evidence was obtained.

F-2000-1156

Post author:Staff
Post published:August 28, 2001
Post category:F

In OCCA case No. F-2000-1156, Randy Scott Bucsok appealed his conviction for lewd molestation and rape by instrumentation. In a published decision, the court decided to reverse the lower court's judgment and remand the case for a new trial. One judge dissented. Bucsok was found guilty of multiple charges, including lewd molestation and rape by instrumentation. The jury sentenced him to a total of 60 years in prison, with some sentences running consecutively while others were partially suspended. Following his conviction, Bucsok raised several arguments in his appeal regarding mistakes made during the trial. First, he argued that the trial court made a mistake by not allowing two witnesses, Shell and Kemble, to testify. The court found this was a serious error because their testimony could have been important to Bucsok's defense. The judges believed that excluding this evidence hurt Bucsok's chance for a fair trial. Bucsok also claimed that the trial court wrongly allowed hearsay testimony from other witnesses. However, the court decided that this part of the trial was handled correctly and that the testimony was admissible. Additionally, Bucsok expressed concern about unfair evidence being presented to the jury regarding uncharged crimes, but the court determined that there was no plain error in how this evidence was managed. Finally, he disagreed with the trial court’s decision to bar testimony about the victim's behavior that could explain injuries. In conclusion, the court found that the trial court had made critical mistakes, particularly in not allowing key witnesses to testify, which warranted a new trial for Bucsok.