Ineffective Assistance of Counsel

F 2005-569

  • Post author:
  • Post category:F

In OCCA case No. F 2005-569, Anthony Logan Merrick appealed his conviction for multiple counts of sexual crimes involving minors. In an unpublished decision, the court decided to affirm most of Merrick's convictions but reversed and dismissed certain specific counts. One judge disagreed with part of the decision. Merrick was tried and found guilty of 21 counts of sexual abuse of a child, 2 counts of sexual exploitation of a child, 15 counts of possession of obscene material involving minors, 4 counts of first-degree rape by instrumentation, and 8 counts of indecent or lewd acts with a minor child under sixteen. He received two life sentences and additional time for the other charges, which would run together, but separately from some other counts. Merrick raised several issues in his appeal. He argued that the search warrant used to gather evidence was not valid because it did not show enough probable cause, and therefore, the evidence collected should not have been allowed in court. The court disagreed and explained that the affidavit (the document that supported the search) did provide a reasonable basis for the warrant. They determined that there was enough evidence to suggest a crime had taken place and that the search was lawful. He also claimed the warrant was not detailed enough in specifying what items could be seized. The court found that the warrant was correctly written to allow officers to identify the items they needed to seize. Merrick's next point was about double punishment. He argued he should not be punished for both the act of lewd molestation and the possession of related images, saying it was unfair. However, the court concluded that these were separate crimes, and thus he could be punished for both. Merrick also believed he should only be charged once for a large number of images found, but the court stated that there were indeed separate counts for each type of evidence that were introduced. Lastly, Merrick claimed that his lawyer did not help him enough during the trial, which hurt his case. The court said there wasn't enough evidence to show that he was harmed by his lawyer's performance. As a result, the court upheld the majority of the convictions while reversing some counts related to possession of images, ordering them to be dismissed.

Continue ReadingF 2005-569

F-2004-1188

  • Post author:
  • Post category:F

In OCCA case No. F-2004-1188, Daniel Allen Moore appealed his conviction for First Degree Murder. In an unpublished decision, the court decided to affirm the conviction but remanded the case for resentencing due to a jury instruction error. One judge dissented. On June 9, 2003, Daniel Allen Moore shot 24-year-old Garade Jean Girsback in front of a mobile home where she was babysitting. Girsback was related to Moore's wife and had often lived with their family. That evening, Moore hosted a barbecue and was drinking. Witnesses heard him express anger towards Girsback and make threats about killing her. After becoming upset during their conversation, Moore accidentally fired his gun, hitting Girsback. Moore and his wife left without trying to help, and he disposed of the gun. Later, he told a neighbor it was an accident and claimed he only meant to scare Girsback. The main question during the trial was whether Moore had intended to kill Girsback or whether her death was due to recklessness or negligence. The court found that there was an error because the jury was not properly informed about the punishment options for first-degree murder, specifically failing to instruct that life with the possibility of parole was an option. The state agreed this instruction was missed, but they argued it did not affect the outcome because the defense had mentioned the options during closing arguments. The court decided that the jury's confusion could have influenced their decision, especially since they only deliberated briefly before returning a verdict and sentencing Moore to life without parole. Because of this, the case was sent back for a new sentencing hearing with the correct instructions provided to the jury. Additionally, the court addressed other claims by Moore, like the admission of his statements to police. It concluded these statements were allowed for impeachment purposes and did not violate his rights, as they were spontaneous comments. The defendant also argued there was insufficient evidence and that various errors during trial warranted a different outcome, but the court found that while there were errors, they did not combine to affect the fairness of the trial significantly. In summary, the court upheld the conviction but required that the sentencing be done again with proper jury instructions about the punishments available to them.

Continue ReadingF-2004-1188

F-2005-620

  • Post author:
  • Post category:F

In OCCA case No. F-2005-620, Ryan Anthony Van Winkle appealed his conviction for assault with a dangerous weapon and forcible oral sodomy. In an unpublished decision, the court decided to reverse the conviction for assault with a dangerous weapon but affirmed the conviction for forcible oral sodomy. One judge dissented regarding the reversal of the assault conviction. The case began when Van Winkle was tried by a jury and found guilty of two serious crimes. The jury decided that he should spend five years in prison for the assault and eight years for the sodomy, with these sentences to be served one after the other. During the appeal, several issues were raised. One major question was whether Van Winkle could be punished for both crimes because they were part of the same event. Van Winkle argued that the assault was the same act that made the sodomy forcible, which means he shouldn’t be punished for both under the law. The court looked closely at the details of the case. It found that Van Winkle had threatened the victim with a knife and made her agree to the sodomy because she feared for her safety. They decided that the assault with the knife was not a separate crime from the sodomy since they were tied closely together in this incident. Because of this, the court reversed the conviction for the assault, ordering that charge to be dismissed. While addressing the other arguments made by Van Winkle in his appeal, such as claims about not having a fair trial, the court decided these didn’t require changes since they were mainly related to the assault conviction. In summary, the court kept the conviction for forcible oral sodomy but did not allow the assault charge to stand due to how closely related the two acts were. One judge disagreed with the decision to reverse the assault conviction, believing that both crimes were deserving of punishment.

Continue ReadingF-2005-620

F 2004-866

  • Post author:
  • Post category:F

In OCCA case No. F 2004-866, Ricky Dale Rawlins, Jr. appealed his conviction for Shooting with Intent to Kill. In an unpublished decision, the court decided to reverse and remand for a new trial in two of the three related cases, while affirming the conviction in the third case. One judge dissented. Ricky Dale Rawlins, Jr. was found guilty by a jury for offenses related to shooting at people, which included Assault and Battery with a Deadly Weapon and Shooting with Intent to Kill. The jury gave him a total of twelve years for the two Assault and Battery charges and twenty-five years for the shooting charge, which were to be served one after the other. Ricky raised several issues in his appeal. He argued that the trial court made mistakes, like not following the law to instruct the jury correctly on the charges. He claimed there wasn’t enough evidence to support his convictions and that he didn’t get good help from his lawyer. He also stated the prosecutor did wrong things during the trial and that some evidence shouldn't have been allowed. Additionally, he felt the instructions given to the jury about sentencing were confusing and that all the mistakes made during the trial added up to make it unfair for him. After looking closely at what Ricky said and the court records, the court agreed that he deserved a new trial for the Assault and Battery charges because the jury was wrongly instructed about the law. But for the Shooting with Intent to Kill charge, the court thought the evidence was enough to support that conviction, so they upheld it. The court decided that many of Ricky's claims about mistakes during the trial did not change the outcome for the Shooting charge, so it stayed as is. However, since there was a legal mistake about the Assault and Battery charges, those were thrown out, and he was ordered to be tried again. In conclusion, the final decision was to keep the conviction for Shooting with Intent to Kill and to conduct new trials for the other two charges.

Continue ReadingF 2004-866

F-2005-855

  • Post author:
  • Post category:F

In OCCA case No. F-2005-855, Fomby appealed his conviction for second-degree burglary, possession of a controlled substance, and other related charges. In an unpublished decision, the court decided to affirm his conviction but modify his sentence. One judge dissented. Fomby was found guilty of several crimes in Comanche County. He received a long sentence of sixty years for each burglary, two years for the possession of methamphetamine, and ten years for concealing stolen property. These sentences were to be served one after the other, making the total time very long. Fomby claimed that there were many mistakes during his trial. He said the court wrongly changed a standard instruction by adding details about his past sentences, which might have influenced the jury. He also mentioned that the prosecutor said he was no longer considered innocent before the trial even concluded, which he felt was unfair. Furthermore, he argued that the court allowed evidence of other crimes unfairly, and he did not get a fair hearing for new charges that were added. The appeal court looked at all these claims. They agreed that the change in jury instruction was a mistake and the prosecutor's comments on Fomby's innocence were improper. Because of these two main points, the court decided to change his sentences from sixty years each to thirty years to be served together instead of one after the other. They concluded that some of Fomby’s other arguments did not have enough merit to change the outcome of the case. For example, they found there was enough evidence to show he knowingly hid stolen items and had possession of methamphetamine. In the end, most of Fomby's convictions were upheld, but his sentences were significantly reduced to make them less severe. One judge did not agree with this modification, believing the original sentences were justified given Fomby’s serious crimes and history.

Continue ReadingF-2005-855

F 2005-522

  • Post author:
  • Post category:F

In OCCA case No. F 2005-522, Eric Matthew Nimmo appealed his conviction for Robbery by Force. In an unpublished decision, the court decided to affirm Mr. Nimmo's conviction but modified his sentence from thirty-five years to twenty years. One judge dissented. Eric Nimmo was found guilty by a jury in the Tulsa County District Court. After a trial that lasted three days, the jury decided that he should serve a long prison sentence along with a fine. He felt that many things went wrong during his trial, and he brought eight issues to the appeals court. First, he claimed that the evidence against him was not strong enough to support his conviction. The court looked closely at the evidence and decided that it was enough for a reasonable juror to conclude he was guilty. Second, he raised concerns about how the prosecutors acted during the trial, suggesting that some of their comments could be seen as unfair and might have influenced the jury's decision. The court recognized that while some comments were not appropriate, they did not believe that these issues changed the outcome of the trial. In a third point, Nimmo felt that the judge showed bias when responding to a defense objection. The court mentioned that while the judge's comments were not ideal, they were not significant enough to impact the trial's result. Nimmo's fourth point of error was about certain past crimes being mentioned during the sentencing phase of his trial. The court agreed that these past crimes should not have been brought up in that way, and it likely influenced the long sentence he received. As a result, they modified his sentence to reflect this error. Fifth, Nimmo argued that his lawyer did a poor job by not calling witnesses who could help prove he didn’t commit the robbery. The court found his lawyer's choices were based on a reasonable strategy and did not harm his case significantly. In the sixth point, Nimmo said his lawyer's admission of his past crimes during sentencing was not a good decision. However, the court felt this was part of an overall strategy that lawyers sometimes use. For his seventh claim, he said that the instructions given to the jury regarding reasonable doubt were wrong. The court ruled that the instructions were appropriate and that they followed the law. Finally, for the eighth argument, Nimmo believed that all these errors added up to deny him a fair trial, but the court did not find this compelling enough for further action. In summary, while the court upheld Nimmo's conviction, it did find a significant error in how his past crimes were handled during sentencing, leading to a reduction in his prison term.

Continue ReadingF 2005-522

F-2004-1283

  • Post author:
  • Post category:F

In OCCA case No. F-2004-1283, Marion Whitmore appealed his conviction for Possession of Controlled Substance (Methamphetamine) After Two or More Prior Convictions, and Unlawful Possession of Drug Paraphernalia. In an unpublished decision, the court decided to affirm his convictions but modified his sentence for possession of methamphetamine from sixty-five years to thirty-five years. One judge dissented, arguing that the original sentence should not have been modified as any error was harmless beyond a reasonable doubt.

Continue ReadingF-2004-1283

F-2005-597

  • Post author:
  • Post category:F

In OCCA case No. F-2005-597, Keandre Lee Sanders appealed his conviction for robbery with a firearm, shooting with intent to kill, and possession of a firearm after a felony conviction. In an unpublished decision, the court decided to affirm the judgments but modified the sentences for the robbery and shooting charges. One judge dissented. Here’s a simple summary of what happened: Keandre Lee Sanders was found guilty by a jury of three serious crimes. He was sentenced to a total of 60 years after the jury decided how long he should go to prison for each crime. He thought the trial went unfairly and wanted to change his sentence. He had three main reasons for his appeal: 1. He asked the judge to delay the trial because he found new evidence that might help him. His lawyer thought there was a witness who could help, but the judge said no to delaying. The court believed waiting wouldn’t help because the witness was not cooperating. The court looked at everything and decided the lawyer did their best, so they did not grant this appeal point. 2. He believed that the charge of having a gun should not count separately from the other two charges, arguing that they were connected. The court found that having the gun was a separate act from the robbery and the shooting, so they denied this appeal as well. 3. The last point he made was that the jury was not told he would have to serve a certain amount of time before he could be considered for parole. After some review, the court agreed that he should have been told this but decided it was not enough to change his convictions. They did, however, change his sentences, reducing them from fifteen years to twelve years for the robbery charge and from forty years to thirty years for the shooting charge. The sentence for the firearm possession remained the same. The final decision was that while the court agreed with the convictions, they made changes to the length of two sentences. The court issued its order to finalize the decision after they filed their ruling.

Continue ReadingF-2005-597

RE 2005-0473

  • Post author:
  • Post category:RE

In OCCA case No. RE 2005-0473, the appellant appealed his conviction for burglary in the second degree and knowingly concealing stolen property. In a published decision, the court decided to reverse the revocation of his suspended sentences because the hearing was not held within the required twenty days. The appellant had a dissenting opinion.

Continue ReadingRE 2005-0473

F-2004-67

  • Post author:
  • Post category:F

In OCCA case No. F-2004-67, Marrio D'Shane Willis appealed his conviction for robbery with a firearm. In an unpublished decision, the court decided to reverse the conviction. One judge dissented. Marrio D'Shane Willis was found guilty by a jury for robbing someone while using a gun. Because he had a previous conviction, the court gave him a sentence of ten years in prison and a fine. Willis did not agree with this decision and decided to appeal. Willis claimed that his attorney did not do a good job in representing him during the trial. He said that the only witness who identified him as the robber had made a mistake and that there was evidence to support that claim which was not presented in the trial. Willis asked for another chance, known as a new trial, based on this new information. The appeals court looked into Willis's claims and sent the case back to a lower court to find more information. This lower court had a hearing where they listened to the eyewitness. During this hearing, the eyewitness changed his story and said he was not sure about his identification of Willis during the trial. He even said he thought another person might be the actual robber. The appeals court found that Willis’s attorney did not try hard enough to prove that the eyewitness might have made a mistake. They decided that if the attorney had investigated this more during the trial, it could have led to a different result. They believed Willis was treated unfairly because of his lawyer's mistakes. After reviewing everything, the appeals court reversed Willis's conviction, meaning he would not be found guilty anymore based on the trial's results. They agreed with the findings of the lower court that the eyewitness's changed testimony made it difficult to trust what he had said during the trial. In conclusion, the court said that the way Willis was represented in court was not good enough, and because of that, they decided he should not have been convicted of robbery.

Continue ReadingF-2004-67

F-2004-997

  • Post author:
  • Post category:F

In OCCA case No. F-2004-997, Johnny Freddy Locust appealed his conviction for burglary in the first degree. In an unpublished decision, the court affirmed the judgment but modified his sentence to fifteen years imprisonment. One judge dissented in part, expressing disagreement with the court's decision to modify the sentence without it being raised in the appeal. Johnny Freddy Locust was found guilty by a jury for breaking into a building without permission. He was sentenced to twenty years in prison and a fine after the trial judge decided his punishment. Locust appealed, saying that the trial had mistakes. He argued that the instructions given to the jury were wrong and that the evidence did not prove he was guilty. He also claimed his lawyer did not do a good job defending him, and that overall, the errors during the trial meant that he did not get a fair chance. During the appeal, the court looked closely at what Locust's arguments were and reviewed the evidence from his trial. They found that while there was a mistake in not giving the jury proper instructions about consent, this mistake did not change the outcome of the trial. They agreed that even though the instructions were important, Locust still had enough evidence against him to be found guilty. The court also said that even though his lawyer could have done better by not asking for the right instructions, this did not likely change the trial's final result. In the end, they decided to lower his prison sentence from twenty years to fifteen years. The judgment against him for breaking and entering remained the same, and he still had to pay the fine. One judge disagreed with the decision to change the sentence because it was not an issue brought up during the appeal, believing that the matter had been overlooked. Overall, Locust's appeal led to a shorter prison term, but his conviction still stood.

Continue ReadingF-2004-997

F 2004-1124

  • Post author:
  • Post category:F

In OCCA case No. F 2004-1124, the appellant appealed his conviction for Shooting with Intent to Kill. In an unpublished decision, the court decided to reverse the conviction and remand the case for a new trial. One judge dissented. The case involved Keith William Matson, who was convicted in Garvin County for shooting with the intent to kill. On May 17, 2004, he chose to have a judge decide his case instead of a jury. However, when the judge made the decision on August 10, 2004, Mr. Matson was not present, and he did not get the chance to hear closing arguments from his lawyer before the verdict was given. Mr. Matson raised a number of issues in his appeal. He argued that the judge should not have been able to make orders after a certain date, that the way the judge found him guilty was not allowed by Oklahoma law, and that he was not there when the judgment was announced. He also claimed that he had been denied a fair trial because of the unusual way the trial was conducted and that he did not get good legal help. The appeals court looked closely at what happened in the trial. It noted that after an earlier attempt to have a jury trial in October 2003 ended in a mistrial because the jury could not agree, Mr. Matson was advised by his lawyer to waive the right to a jury and allow the judge to review transcripts of the earlier trial. However, the law clearly states that a defendant must be present and allowed to have closing arguments during a trial, which did not happen in Mr. Matson's case. Because of these issues, the appeals court decided that Mr. Matson’s conviction needed to be reversed, and he deserved a new trial. The court stated that it was important to make sure that every defendant has a fair trial and their rights are fully protected. The decision made by the judge during the last trial was found to be a serious mistake, which led to the court ruling in favor of a new trial for Mr. Matson. In summary, the court found that the procedure used in Mr. Matson's trial did not follow the law and was unfair, which is why they reversed the conviction and called for a new trial.

Continue ReadingF 2004-1124

F-2004-1106

  • Post author:
  • Post category:F

In OCCA case No. F-04-1106, Armstrong appealed his conviction for unlawful trafficking in cocaine base, amongst other charges. In an unpublished decision, the court decided to affirm the convictions but modified the fine associated with one of the charges. One judge dissented. Armstrong was found guilty of a series of crimes, including trafficking drugs and resisting arrest. He argued that there were mistakes made during his trial, such as the jury being instructed on two counts of resisting arrest when he believed there should only be one. He also claimed that his attorney didn’t provide enough evidence to support his case effectively. He asked the court to reduce his sentences and fine. After reviewing everything about the case, the court felt that there was no need to overturn the convictions. However, they agreed to reduce the fine related to his drug trafficking charge from $25,000 to $10,000. The court found that the evidence and decisions made during the trial were legally sound. In summary, while Armstrong’s appeal raised several issues, the court mostly found in favor of the original trial's outcome, except for the adjustment of the fine.

Continue ReadingF-2004-1106

RE-2004-1015

  • Post author:
  • Post category:RE

In OCCA case No. RE-2004-1015, the appellant appealed his conviction for Rape in the First Degree and Lewd Molestation. In an unpublished decision, the court decided to affirm the revocation of the suspended sentence for Lewd Molestation and reverse the revocation of the suspended sentence for Rape in the First Degree. One judge dissented. The appellant had previously entered a plea of no contest in 2001 to charges of Rape in the First Degree and Lewd Molestation. After this, he was given a ten-year sentence for each charge, which was suspended. However, in 2003, the State filed an Application to Revoke the appellant's suspended sentences, claiming he had violated several conditions of his probation, such as not paying fees and not attending counseling. During a hearing, the appellant admitted to violating the terms of his probation. Initially, the court held off on revoking his sentence to give him chances to comply with the rules. However, after several reviews and additional hearings, the court eventually revoked his sentences in 2004. The appellant argued that the court did not have the right to keep reviewing his case or to revoke his sentences because he believed the last filed application to revoke had expired by that time. The court found that it had been monitoring the appellant's progress, showing that it was acting out of leniency. The appellant also stated that he was not properly notified of the issues to be addressed at the last hearing. In the court's decision, it was explained that when someone admits to violating probation rules, it is generally accepted that the court can act on that admission. The court noted that the legal standard for revoking a suspended sentence is not very high and concluded that they did not find any error with the decision during the hearings. However, the appellant sought to vacate his conviction for Rape, claiming he was underage at the time of the offense and thus legally not able to have committed the crime as defined by the law. The court ultimately agreed with the appellant that there was a critical error regarding the age requirement for a Rape conviction. They decided to reverse the revocation of that particular sentence and stated that the Judgment and Sentence for Count I should be vacated and dismissed entirely. So, the final decision was to keep the revocation of the sentence for Lewd Molestation but to remove the conviction for Rape due to the age issue, allowing for a correction of that mistake in legal proceedings.

Continue ReadingRE-2004-1015

F-2004-389

  • Post author:
  • Post category:F

In OCCA case No. F-2004-389, the appellant appealed his conviction for robbery by force. In an unpublished decision, the court decided to reverse the conviction and remand the case for a new trial. One judge dissented. The case involved James Stephen Richardson, who was found guilty of robbery. He was sentenced to 20 years in prison and fined $1500. Richardson argued that his lawyer did not do a good job and that this impacted his defense. He claimed his lawyer failed to challenge a juror, did not question how he was identified by the victims, and did not find evidence that could help prove he was innocent. The court looked into Richardson's claims and decided to hold a special hearing to investigate his last point about ineffective assistance of counsel. During this hearing, it was revealed that there were certain jail policies regarding the clothing of inmates that were not properly investigated by Richardson’s attorney. The evidence showed that the items of clothing could not be released under the jail's rules, which could have helped Richardson’s case. The district court agreed that the lawyer did not conduct a reasonable investigation about this clothing policy. Because of this failure, the judge believed that the defense had a weaker case and that if this information had been presented, the outcome of the trial could have been different. The court decided that Richardson's attorney did not provide adequate legal help, which is why they reversed the original judgment. In summary, Richardson's case was sent back for a new trial because the court found that his lawyer did not do enough to support his defense, particularly regarding important evidence about the clothing policy at the jail.

Continue ReadingF-2004-389

F-2004-527

  • Post author:
  • Post category:F

In OCCA case No. F-2004-527, Christopher Dwayne McGee appealed his conviction for distribution of a controlled substance and conspiracy to distribute a controlled dangerous drug. In a published decision, the court decided to reverse the conviction for conspiracy and dismiss that count due to insufficient evidence, while affirming the conviction for distribution. One judge dissented on certain issues. McGee was found guilty in the District Court of Stephens County for distributing a controlled substance and conspiring to distribute another. He received a twenty-year sentence and a fine for each count. He appealed his convictions based on five main arguments. First, McGee claimed there was not enough evidence to support his conspiracy conviction. The court agreed with this claim, stating that for a conspiracy to exist, there must be two parties who agreed to commit the crime. Since there was no evidence showing that another person was involved in the agreement with McGee, the conspiracy charge was dismissed. Second, McGee argued he was denied his right to present mitigating evidence to the jury. The court noted that character evidence is generally not allowed in non-capital cases, therefore finding his claim without merit. Third, McGee said he was denied the right to represent himself in court. However, the court found that he had withdrawn his request to act as his own attorney, so this claim was also dismissed. Fourth, he argued that he did not receive effective assistance from his attorney. The court concluded that McGee's lawyer had successfully achieved the dismissal of two other charges against him and did not fail in his responsibilities. Finally, McGee felt that he had been wrongly made to defend against his past convictions during the trial. The court explained that after a previous plea deal was canceled, his case was reset as if no plea had happened, and thus, he was not unfairly treated by needing to defend against prior offenses. In summary, the court affirmed McGee's conviction for distribution but reversed and dismissed the conspiracy conviction due to a lack of evidence.

Continue ReadingF-2004-527

F 2004-161

  • Post author:
  • Post category:F

In OCCA case No. F 2004-161, James Robert Bonomelli appealed his conviction for three counts of crimes. In a published decision, the court decided to affirm the judgment of the trial court and modify the sentence. One judge dissented. Bonomelli was found guilty of having child pornography, possessing a firearm as a felon, and having marijuana. The jury decided on long sentences, which added up to a total of 100 years in prison. Bonomelli claimed he did not have enough time to prepare a proper defense for his trial because the court did not let him postpone it. He also believed that the sentences were too harsh. After looking at the facts and Bonomelli's arguments, the court agreed that the judge should have allowed Bonomelli more time for his defense but decided that he did not prove this made his lawyer ineffective. However, they thought the total 100-year sentence was too much for him. They decided that the punishment should be reduced to 40 years in total, with all counts running at the same time instead of one after another. This means Bonomelli would spend a maximum of 40 years in prison instead of 100.

Continue ReadingF 2004-161

J-2005-549

  • Post author:
  • Post category:J

In OCCA case No. J-2005-549, the appellant appealed his conviction for First Degree Murder. In a published decision, the court decided to reverse the previous ruling and remand the case for a new certification hearing. One judge dissented. The case involved a fourteen-year-old who was charged as an adult with murder. The court first evaluated whether the appellant was competent to stand trial. Initially, he was found incompetent but later deemed competent after receiving training and treatment. The appellant sought to be classified as a youthful offender or juvenile instead of being tried as an adult. During the certification hearing, the appellant's attorney did not present any evidence to support this request. The court determined that the attorney failed to provide adequate representation by not investigating or suggesting experts until after the state had already presented its case. As a result, the court found that the appellant's rights were violated due to ineffective assistance of counsel. The court ruled that the appellant should receive a new hearing with proper legal support, including expert witnesses, to help his argument for being treated as a juvenile or youthful offender. The court emphasized the importance of moving quickly on the case due to delays that had previously occurred.

Continue ReadingJ-2005-549

F-2004-643

  • Post author:
  • Post category:F

In OCCA case No. F-2004-643, Earnest Alphonzo Lee appealed his conviction for Attempted First Degree Burglary. In an unpublished decision, the court decided to affirm the judgment but modify the sentence to fifteen years. One judge dissented. Earnest Alphonzo Lee was found guilty by a jury of Attempted First Degree Burglary. The jury believed he deserved to go to prison for twenty years, and the trial court agreed with their decision. Earnest felt this was unfair, so he appealed his case. In his appeal, Earnest raised several issues he thought were wrong during his trial. The first issue was about something called an “evidentiary harpoon.” This means that he thought the arresting officer made a comment that brought up Earnest’s right to stay silent after he was arrested. The court looked closely at this and decided it was not a big deal because there was a lot of strong evidence proving he was guilty, which made the officer’s comment not harmful. The second issue was about a juror named Barker that Earnest wanted removed from the jury, but the judge did not agree. The court said this did not cause any problems since Earnest’s lawyer could have removed the juror another way. For the third issue, Earnest believed that the judge did not explain the punishment ranges to the jury correctly. The court agreed and said the law was not followed properly when the jury decided on the punishment. So, they changed Earnest’s sentence to fifteen years. The fourth issue claimed the prosecutor did something wrong during the trial, but the court found that this did not affect the outcome of the trial since there was still a lot of strong evidence against Earnest. In the fifth issue, the court believed there was enough evidence for the jury to find Earnest guilty beyond a reasonable doubt. Finally, the sixth issue was about whether all the errors together were so bad that Earnest did not get a fair trial. The court decided that the problems were not serious enough to change the outcome of the trial. Overall, the court agreed that the trial had some mistakes but decided that the most important issue was the incorrect instructions about the punishment. They changed Earnest’s sentence to 15 years but said the rest of the trial was fair.

Continue ReadingF-2004-643

C-2004-1018

  • Post author:
  • Post category:C

In OCCA case No. C-2004-1018, Eric Poe appealed his conviction for Assault and Battery upon a Police Officer and Public Intoxication. In an unpublished decision, the court decided to allow Poe to withdraw his plea due to newly discovered evidence. One judge dissented, arguing that Poe was aware of the evidence before entering his plea.

Continue ReadingC-2004-1018

C-2004-957

  • Post author:
  • Post category:C

In OCCA case No. C-2004-957, Jeremy Clarence Rankin appealed his conviction for various charges. In a published decision, the court decided to grant his petition for Certiorari and remanded the case to the District Court for a new hearing on Rankin's motion to withdraw his guilty pleas. One judge dissented, stating that he did not believe there was evidence of ineffective assistance of counsel and that the original plea was made knowingly and voluntarily.

Continue ReadingC-2004-957

C-2003-1334

  • Post author:
  • Post category:C

In OCCA case No. C-2003-1334, Rodney Taylor Glenn appealed his conviction for various crimes. In a published decision, the court decided to allow Glenn to withdraw his plea for some charges but affirmed his conviction for others. One judge dissented. Rodney Taylor Glenn was charged with several crimes in Washington County. He made a deal with the State where some charges were dropped in exchange for him accepting a plea of nolo contendere, which means he didn't admit guilt but accepted the punishment. The judge sentenced him to a total of 35 years for some crimes and 20 years for others, with some sentences running consecutively and others concurrently. Glenn later wanted to change his plea, saying he wasn't fully advised of the possible punishments for his actions. He claimed that the court didn't check whether he was mentally fit to plead, and that he received wrong information about the sentencing ranges for some of his charges. He argued that he should be allowed to withdraw his plea since there was no solid factual basis for one of the charges—assault and battery with a deadly weapon. The court looked at Glenn's arguments carefully. They agreed that the trial court had checked enough to see that Glenn was able to plead. However, they found that they could not support the charge of assault and battery with a deadly weapon based on the facts presented. The court also agreed that Glenn had been given wrong information about the possible punishments for his actions. Because of these issues, the court ruled that Glenn could withdraw his plea for the assault and battery with a deadly weapon and a charge related to a firearm, but they upheld the convictions for the other charges. The final decision meant Glenn was allowed to change his plea for some charges, but the original convictions on others were kept. One judge did not agree with the decision to let Glenn withdraw his plea, arguing that Glenn had made a bargain and should not benefit from mistakes made during the process. This dissent highlighted the complexity of plea agreements and the expectation that all parties would honor the deal made.

Continue ReadingC-2003-1334

C-2003-1334

  • Post author:
  • Post category:C

In OCCA case No. C-2003-1334, the petitioner appealed his conviction for multiple crimes, including unlawful possession of a controlled substance, possession of a firearm, and assault and battery with a deadly weapon. In an unpublished decision, the court decided to grant the petition for a writ of certiorari in part and deny it in part. One judge dissented. Rodney Taylor Glenn faced charges in three different cases in the District Court of Washington County. He made a plea agreement, which led to some charges being dropped in return for him waiving a preliminary hearing and pleading no contest. The judge accepted his plea and sentenced him to several years in prison for each of his charges. Later, Glenn wanted to withdraw his plea because he believed there were issues with how it was handled. He argued that the court did not check if he was mentally capable of understanding his plea, that there was not enough evidence for some of the charges, and that he was misinformed about the possible punishments. Glenn also claimed that he did not get the benefit of his agreement and that he did not have effective help from his lawyer. The court reviewed Glenn's arguments. It concluded that Glenn was competent to enter his plea and that there was enough evidence for most of the charges. However, the court agreed that there was not sufficient evidence to support one of the assault charges, which meant Glenn could withdraw his plea for that specific charge. Additionally, Glenn was correctly advised about some of the punishments but misinformed about others, which led to the decision to let him withdraw his plea on those counts as well. The court ultimately decided to keep some of the sentences but allowed Glenn to withdraw his plea for the assault charges and the possession of a firearm while committing a felony based on the errors found. In conclusion, the judgment and sentence were affirmed in part and reversed in part. Thus, Glenn was allowed to change his plea on certain counts, while other parts of his case remained unchanged.

Continue ReadingC-2003-1334

F-2004-82

  • Post author:
  • Post category:F

In OCCA case No. F-2004-82, Billy Dale Lathrop appealed his conviction for multiple crimes, including conspiracy to manufacture methamphetamine and child endangerment. In a published decision, the court decided to affirm the convictions for conspiracy, possession of methamphetamine, possession of precursor chemicals, and possession of paraphernalia, but to reverse the convictions for child endangerment. Three judges dissented regarding one of the convictions.

Continue ReadingF-2004-82

C 2004-69

  • Post author:
  • Post category:C

In OCCA case No. C 2004-69, McCarroll appealed his conviction for unlawful distribution of a controlled dangerous substance (CDS) and possession of CDS in the presence of a child. In an unpublished decision, the court decided to grant McCarroll's petition for a writ of certiorari. One judge dissented. The case involved Corey Dion McCarroll, who pleaded guilty to multiple charges, which included selling drugs near a daycare center and having drugs while a child was present. McCarroll was sentenced to a total of 60 years in prison, with some hefty fines. After feeling that he didn't get a fair trial and claiming he was innocent, McCarroll asked the judge to let him change his plea. McCarroll raised several reasons for his appeal. He argued that the charges for selling drugs near a daycare didn't apply because the law was not in effect at the time of his actions. He believed that his guilty pleas were not entered knowingly, and he felt the judge was unfair in giving him consecutive sentences, which made them seem too harsh. McCarroll also claimed that his lawyer didn't represent him properly. The court reviewed all the details of the case and decided favorably for McCarroll. They found that the law didn't fully apply to his situation when he was charged with the first two counts. Therefore, the court changed these charges to a different type of drug offense that was valid at that time. They also modified the sentences, stating that some of them should run at the same time (concurrently) rather than one after the other (consecutively). Overall, while the court granted McCarroll some relief in his appeal by changing the charges and modifying the sentences, they did not agree that his lawyer's help was inadequate enough for his plea to be withdrawn. Thus, the decisions were adjusted to ensure fairness while still holding McCarroll accountable.

Continue ReadingC 2004-69