Injury

F-2019-950

  • Post author:
  • Post category:F

In OCCA case No. F-2019-950, Shilow Lynn Dumas appealed his conviction for Child Abuse by Injury. In an unpublished decision, the court decided to affirm the judgment and sentence of the district court, except for a $1,000.00 fine imposed, which was stricken from the record. One judge dissented. Dumas was found guilty of injuring a child and was sentenced to five years of imprisonment after a jury trial. He raised several errors for appeal, including issues regarding jury instructions, the imposition of a fine, the sufficiency of evidence, ineffective assistance of counsel, and cumulative errors. The court reviewed the trial process and found that the jury instructions, while not ideal, did not impact Dumas's rights enough to be considered a plain error since he did not object to them during the trial. They noted Dumas's defense did not argue that his discipline was reasonable, which weakened his claims about how he should have been instructed on the law regarding discipline. The court found the trial court had made a plain error by imposing a fine after the jury did not recommend one, and thus they vacated the fine. Next, the court examined the evidence that was presented, ruling that enough evidence was available to support the jury's finding that Dumas had willfully injured the child. When looking at claims of ineffective assistance of counsel, the court decided that since Dumas did not show how he was harmed by his lawyer’s performance, his claims were unconvincing. The cumulative errors claim was also denied, as the court found no significant harmful errors besides the fine issue. Therefore, the overall decision upheld the conviction while correcting one aspect concerning the fine.

Continue ReadingF-2019-950

F-2018-391

  • Post author:
  • Post category:F

In OCCA case No. F-2018-391, Zachary Troy King appealed his conviction for Child Abuse by Injury. In an unpublished decision, the court decided to affirm the conviction and sentence. One judge dissented. Zachary Troy King was found guilty by a jury in a case where he was accused of injuring a child. The jury decided that he had caused harm to the child, and he was sentenced to twenty years in prison, with the first fifteen years needing to be served. King argued four main points in his appeal. First, King said that the evidence presented in his trial was not strong enough to prove he committed child abuse. He claimed that the injuries to the child were not clearly caused by him, and he thought the jury should not have convicted him. However, the court believed that there was enough evidence for any reasonable person to conclude that King did injure the child. Second, King claimed that the judge made a mistake by not allowing a mistrial after the prosecution introduced certain evidence. He argued that this evidence was not important or added to the case in a meaningful way. Yet, the court felt that the testimony included by the prosecution was relevant to proving injuries were intentionally inflicted rather than accidental. Third, King accused the prosecutor of acting unfairly during the trial, which made it hard for him to get a fair trial. The court reviewed the prosecutors' actions and felt there were no significant errors that would have impacted the trial's fairness. Lastly, King argued that the collection of mistakes in his trial added up to take away his right to a fair hearing. But, since the court did not find any errors that would require a reversal of the conviction, the claim was also denied. In conclusion, the court upheld the jury's decision and the trial judge's actions, stating that King received a fair trial and that there was enough evidence to support the conviction. The judgment from the trial court was confirmed, and King will continue to serve his sentence.

Continue ReadingF-2018-391

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-2017-602

  • Post author:
  • Post category:F

In OCCA case No. F-2017-602, Kenneth Donald Knox appealed his conviction for Child Abuse by Injury. In a published decision, the court decided to affirm Knox’s conviction and twenty-five-year prison sentence, but they modified the period of post-imprisonment supervision from three years to one year. One justice dissented. Knox was found guilty by a jury in Tulsa County for causing injuries to a four-month-old baby. The jury decided that he should spend twenty-five years in prison for this crime. Knox thought his lawyer didn’t help him properly, said there wasn’t enough proof for the conviction, and argued that the extra year of supervision after prison was not allowed by law. The court looked closely at all the facts and evidence in his case. They explained that to prove a lawyer didn’t do a good job, Knox had to show that it hurt his chances of winning the case. The court found that Knox didn’t provide enough proof to support his argument about his lawyer’s effectiveness. When it came to the conviction, the court reviewed whether there was enough evidence against Knox. They decided that there was enough proof to show that Knox harmed the baby. Lastly, about the extra supervision time after prison, they agreed that Knox should only have to do one year instead of three, as the law supports a shorter period in his case. In summary, Knox's conviction was upheld, he was given a long prison sentence, and the court changed the rules about his supervision time after he’s released.

Continue ReadingF-2017-602

S-2016-1142

  • Post author:
  • Post category:S

In OCCA case No. S-2016-1142, Cody Ray Lord appealed his conviction for Driving a Motor Vehicle Under the Influence of Drugs. In a published decision, the court decided to affirm the trial court's decision to suppress the blood test results. The trial court found that Lord was not capable of giving consent due to the effects of morphine he had received, which hindered his ability to make a decision regarding the blood test. The State had claimed there was no proof that Lord was unconscious and argued that the burden of proof should be on Lord, but the court found that sufficient evidence supported the trial court's conclusions. One judge dissented.

Continue ReadingS-2016-1142

F-2013-958

  • Post author:
  • Post category:F

In OCCA case No. F-2013-958, the appellant appealed his conviction for First Degree Child-Abuse Murder. In an unpublished decision, the court decided to affirm the conviction but remand the case for re-sentencing. One judge dissented. The case involved Gregory Antwon O'Neal, who was convicted for the murder of his two-month-old daughter, Tianna Marie O'Neal. The events began on May 17, 2007, when O'Neal and the child's mother brought Tianna to a hospital because she was unresponsive. At the hospital, doctors found Tianna had multiple injuries, the most serious being a skull fracture that resulted in brain swelling and ultimately her death the following day. Throughout the trial, the prosecution argued that O'Neal had either directly caused the injuries or allowed someone else to do so. O'Neal claimed that Tianna had fallen off a folding chair earlier that day and did not admit to any violent behavior. However, the medical evidence suggested that the injuries were consistent with abuse rather than accidental harm. The prosecution presented multiple medical experts who testified that the injuries Tianna suffered were serious and not likely to have occurred from normal accidents. O'Neal made several statements that appeared to change over time regarding how Tianna was injured. His comments while in custody were interpreted as signs of guilt. For example, when speaking to friends and family from jail, he seemed more worried about the potential consequences for himself rather than the well-being of his daughter. The prosecution used these statements to argue that O'Neal demonstrated a consciousness of guilt. The trial featured a defense expert who suggested that similar injuries could potentially happen through accidental means, which contradicted the prosecution's claims. Despite this, the jury found O'Neal guilty, leading to a sentence of life imprisonment without parole. On appeal, O'Neal argued several points, including the sufficiency of the evidence against him, claims of errors during the trial, and ineffective assistance of his counsel. The court's opinion examined these arguments, ultimately deciding that there was enough evidence to support the conviction. However, the court recognized an issue regarding the prosecutor's conduct during closing arguments, finding that the use of a doll as a prop during closing to dramatize the potential abuse was inappropriate and could have improperly influenced the jury. As a result, the court upheld O'Neal's conviction but ordered a new hearing for re-sentencing, emphasizing the need for proper conduct in courtroom arguments. One judge dissented, arguing that the prosecutor's actions did not merit a new sentencing as they did not sufficiently affect the trial's outcome. In conclusion, the court reiterated the importance of safeguards in the legal process, highlighting the need for a fair trial where jury members follow the evidence and court instructions rather than emotional appeals during closing arguments.

Continue ReadingF-2013-958

F-2011-568

  • Post author:
  • Post category:F

In OCCA case No. F-2011-568, Gary Patrick Ciancio, Jr. appealed his conviction for Child Abuse by Injury. In an unpublished decision, the court decided to affirm his conviction but modified his sentence. One judge dissented. Ciancio was found guilty of hurting a child, identified as C.D. He was accused of causing burns on C.D.’s hand with a cigarette lighter and hitting C.D. with a belt, leading to severe bruises. The jury sentenced him to 25 years in prison along with a fine. Ciancio argued that his trial was not fair because the court allowed evidence that showed his bad character and past actions that were unrelated to the charges. He also claimed that his lawyer did not help him properly during his trial because the lawyer did not challenge these pieces of evidence. During the trial, C.D. testified that Ciancio was responsible for his injuries and described different ways Ciancio had punished him in the past. Ciancio denied causing the injuries, saying they were accidental. His defense included claims that C.D. got hurt while playing. The court allowed many pieces of evidence that painted Ciancio in a negative light but were not directly related to the specific charges against him. Ciancio's appeals were based on these issues, saying they made his trial unfair. The court noted that while there was a lot of damaging evidence presented against Ciancio, the key facts still proved he was guilty. However, the blend of improper evidence and the lack of objection from Ciancio's lawyer led the court to feel that the sentence might have been unfairly harsh. The court decided that because of the ineffective assistance from his lawyer, Ciancio's sentencing should be reduced from 25 years to 15 years. In conclusion, Ciancio’s conviction was upheld, but his time in prison was reduced due to problems with how his trial was handled.

Continue ReadingF-2011-568

F-2009-525

  • Post author:
  • Post category:F

In OCCA case No. F-2009-525, Sparks appealed his conviction for Second Degree Murder, Unlawful Delivery of a Controlled Drug, and Unlawful Removal of a Dead Body. In a published decision, the court decided to affirm the convictions for Counts 2 and 3 but reversed and remanded Count 1, with instructions to dismiss. One judge dissented regarding Count 1. The case involved Nathan David Sparks, who was tried and found guilty in Osage County. The jury decided that he should spend ten years in prison for Second Degree Murder, along with a fine for delivering a controlled substance and a year in county jail for improperly handling a dead body. The trial judge followed the jury's recommendations. The appeal focused on several issues, including whether there was enough evidence to support a conviction for Second Degree Murder. During the trial, the prosecution argued that Sparks gave methamphetamine to a woman who later died from it, claiming they had a close relationship and that he knew about her health issues. Sparks argued that the evidence did not strongly support the idea that his actions were extremely dangerous. The court reviewed prior cases and determined that not every case of delivering drugs resulting in death is automatically Second Degree Murder. They explained that for a murder charge to stick, the actions must show a clear disregard for life. They found that in Sparks' case, while he knew the victim had health problems, there wasn't enough evidence to prove his actions were dangerously reckless enough to warrant a murder conviction. Each of Sparks' other issues was also reviewed. They found some testimony was not directly related to the case, but since the evidence for Counts 2 and 3 was strong, it did not change the outcome. They determined that there was no misconduct during the trial and that Sparks had adequate legal representation. In summary, the court upheld Sparks' convictions for the drug delivery and body removal but did not find strong enough evidence for the murder charge, leading to its dismissal. One judge disagreed, believing the evidence was sufficient to uphold the murder charge due to Sparks' knowledge of the victim's health issues.

Continue ReadingF-2009-525

F 2006-443

  • Post author:
  • Post category:F

In OCCA case No. F 2006-443, Bill Neal Robison, II, appealed his conviction for causing an accident involving great bodily injury while driving under the influence of alcohol. In a published decision, the court decided to reverse the conviction and remand the case for a new trial. A judge dissented. Robison was found guilty in a trial that took place in Oklahoma County. The jury decided he should serve five years in prison and pay a fine of $5000. He appealed on two main points. First, he argued that the results of a blood test from the hospital should not have been used against him in court. Second, he claimed that his lawyer did not represent him properly. The court looked closely at Robison's first point and agreed that the blood test should not have been included as evidence. The test was done for medical reasons, and the court noted that it was not one of the specific tests approved for measuring alcohol levels under the law. The treating doctor testified that Robison's blood alcohol level was very high, but because the test did not follow the right rules, it could not be trusted as evidence in the trial. Since this test result was important for the case, the court could not ignore the mistake, which led them to reverse his conviction. They decided that Robison should have a new trial where this evidence would not be used against him. The second argument about the lawyer's performance was not needed since the court ordered a new trial. The final decision meant that Robison would go back to court for a fresh trial without the improper blood test evidence. The judges' opinions on the new trial varied, with one judge expressing disagreement with reversing the conviction based on the blood test's results.

Continue ReadingF 2006-443

F-2001-759

  • Post author:
  • Post category:F

In OCCA case No. F-2001-759, Joe Nathan Stargell appealed his conviction for Injury to a Minor Child. In a published decision, the court decided to affirm the judgment but remand the matter for a hearing on the Sheriff's Fees. One judge dissented regarding the length of the sentence, suggesting it should be reduced to three years.

Continue ReadingF-2001-759

F-2000-1156

  • Post author:
  • 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.

Continue ReadingF-2000-1156