Individualized Sentencing

F-2018-1020

  • Post author:
  • Post category:F

The document is an opinion from the Court of Criminal Appeals of the State of Oklahoma regarding the case of Renese Bramlett, who was convicted of First Degree Murder and sentenced to life imprisonment without the possibility of parole. The case summary includes the following key points: 1. **Background**: Bramlett's original conviction was affirmed, but his sentence was vacated, leading to a resentencing trial where the same life without parole sentence was imposed again. 2. **Appeal Issues**: Bramlett raised three main issues on appeal: - Alleged prosecutorial misconduct during closing arguments. - Denial of due process due to the introduction of his prior felony convictions while being unable to present mitigating evidence. - A claim that the sentencing process should have been modified rather than remanded for resentencing. 3. **Court's Findings**: - **Prosecutorial Misconduct**: The Court found that the prosecutor's comments did not constitute inappropriate appeals to sympathy but were instead proper comments on the evidence. No relief was warranted. - **Due Process Concerns**: The Court upheld the procedure established by Oklahoma statute, which allows the State to introduce evidence of prior felony convictions without permitting the defendant to present mitigating evidence. The statutory framework was deemed to meet due process requirements. - **Remand vs. Modification**: The Court rejected Bramlett's argument that a modification of sentence was warranted. It ruled that the resentencing procedure did not disadvantage him, and there were no legal errors that warranted a modification of the sentence. 4. **Conclusion**: The Court affirmed the sentence imposed by the district court, confirming that the procedures followed during resentencing were consistent with due process and statutory law. The opinion also includes concurring opinions from Judges Lewis and Kuehn, who noted specific interpretations of the law regarding sentencing in noncapital cases. In summary, the Court's decision reinforces the legal standards governing the introduction of evidence during sentencing in noncapital murder cases and the limits on presenting mitigating evidence in light of prior felony convictions.

Continue ReadingF-2018-1020

PR 2018-1203

  • Post author:
  • Post category:PR

OPINION ORDER GRANTING APPLICATION FOR EXTRAORDINARY RELIEF AND REMANDING MATTER TO DISTRICT COURT On November 29, 2018, Petitioner, by and through counsel Melissa A. French, filed an application for an…

Continue ReadingPR 2018-1203

PC 2017-755

  • Post author:
  • Post category:PC

In OCCA case No. PC 2017-755, the petitioner appealed his conviction for First Degree Murder. In a published decision, the court decided to vacate the previous sentence and allow for resentencing with a jury. The dissenting opinions argued against the majority decision, indicating that the judge had the discretion to deny jury resentencing based on prior waivers. The case started when the petitioner was just seventeen years old and pleaded guilty to First Degree Murder in 2006. Originally, he was sentenced to life in prison without the chance for parole. After some time, he claimed that this sentence was unfair because he was a minor when he was sentenced. The court agreed and decided to let him be resentenced but had to deal with the issue of whether his resentencing should involve a jury. The petitioner argued that since he was seeking resentencing, he should be allowed a jury trial. However, the state disagreed, pointing out that he had waived his right to a jury trial when he originally pleaded guilty. The judge decided that because of this waiver, he didn’t have to give the petitioner a jury for resentencing. In this case, the court looked at previous decisions that said when a juvenile is sentenced to life without parole, they should have a jury trial unless they give up that right. The majority of the court found that the petitioner did not truly waive his right to a jury for the resentencing, as he was relying on new rules from recent important cases. Ultimately, the court decided that it was wrong for the judge to deny the jury resentencing. They chose to vacate that decision and said the case should go back to the lower court to figure out the right way to do the resentencing, with the ability to include a jury if the petitioner asked. The dissenting opinions argued that the judge had actually acted correctly by denying the request for a jury because the petitioner had already waived that right back when he pleaded guilty. They believed that the rules shouldn’t allow a person to change their mind long after the original decision. The court ordered that the petitioner’s guilty plea and conviction were still valid, but they needed to follow the correct process under the law for the new sentencing.

Continue ReadingPC 2017-755

F-2002-1511

  • Post author:
  • Post category:F

In OCCA case No. F-2002-1511, Helen Rosson appealed her conviction for Unlawful Delivery of a Controlled Drug. In an unpublished decision, the court decided to affirm the judgment but modify the sentence to ten years' imprisonment. One judge dissented, suggesting the sentence should only be reduced to forty-five years, not ten. Rosson was convicted after a jury trial where she was sentenced to fifty years and a large fine. She raised several issues on appeal, including being punished twice for a single event, the unfair introduction of other crimes evidence, prosecutorial misconduct, and the excessive nature of her sentence. The court found her convictions did not violate double jeopardy laws, noted that the evidence of other crimes should not have been included, but concluded that it did not unfairly influence the jury's decision on guilt. The sentence was modified due to the impact that the inadmissible evidence had on the jury’s sentencing decision.

Continue ReadingF-2002-1511