Internet Search Archives

F-2018-1144

Post author:Staff
Post published:January 16, 2020
Post category:F

In the case of William G. Epperly v. The State of Oklahoma (Case No. F-2018-1144), the Oklahoma Court of Criminal Appeals upheld the judgment and sentence imposed by the District Court of Oklahoma County. The court found that the evidence presented during Epperly's trial was admissible, and his claims of error, including issues related to hearsay, relevance, and jury instructions, did not warrant reversal of his conviction for Sexual Abuse of a Child. ### Key Points from the Court's Decision: 1. **Admission of Excited Utterance Evidence**: The court found that statements made by Tiffany Epperly (Epperly's spouse) to two witnesses fell under the excited utterance exception to hearsay, as she was under emotional stress when she reported witnessing the alleged abuse. 2. **Text Messages and Witness Testimony**: The court ruled that reading text messages sent by Sutphen to Tiffany Epperly was not hearsay because they were used to challenge Tiffany's credibility rather than to prove the truth of the matter asserted. Additionally, the testimony about Tiffany's changing demeanor was deemed relevant to the case. 3. **Witness Reading from Police Report**: Former Officer Richardson's reading from his police report, which included Tiffany Epperly's statements, was allowed because it served to impeach her trial testimony, not as hearsay. 4. **Internet Search Evidence**: The court deemed the evidence concerning Epperly's internet search about Oklahoma sex laws to be relevant, as it could suggest a consciousness of guilt. 5. **Judgment and Sentence Corrections**: The court noted that the issues regarding credit for time served and the $100 fine were resolved with an amended judgment, making that claim moot. 6. **Jury Instruction on Sex Offender Registration**: The court did not find that the failure to instruct the jury about sex offender registration constituted an error warranting relief, consistent with prior rulings. 7. **Cumulative Error Doctrine**: The court concluded that no individual errors occurred that would justify reversal and therefore found no merit in the cumulative error claim. ### Conclusion: The court affirmed the judgment and sentence of the district court, concluding that all claims raised by Epperly were without merit. The decision illustrates the court's adherence to evidentiary rules and its support for the discretion exercised by the trial judge in admitting evidence. For more detailed information, the full opinion can be accessed [here](https://opinions.wirthlawoffice.com/wp-content/uploads/F-2018-1144_1734787047.pdf).

F-2017-528

Post author:Staff
Post published:November 14, 2019
Post category:F

In OCCA case No. F-2017-528, Darrien Hasmii Clark appealed his conviction for Murder in the First Degree and several other charges, including Assault and Battery with a Deadly Weapon. In an unpublished decision, the court decided to affirm the convictions. One judge dissented. Darrien Clark was found guilty by a jury of murdering a convenience store clerk after he shot the clerk multiple times during a robbery. The jury also convicted him on other charges involving a separate shooting incident. Clark was sentenced to life in prison without the chance of parole for the murder, and he received additional sentences for the other crimes, which will be served consecutively. During the trial, Clark's defense raised several issues. He argued that his murder case and the other cases should not have been tried together, but the court ruled that the similar nature of the crimes justified this decision. The evidence showed that both incidents involved the same weapon and occurred in a close time frame, which the court found relevant for judicial efficiency. Clark also tried to present evidence to suggest that someone else committed the murder, arguing that another man who was initially arrested should be considered a suspect. However, the court found that there wasn’t enough reliable evidence to support this claim. In addition, Clark claimed that the prosecution improperly introduced victim impact evidence during the trial. The court determined that the evidence was relevant to the case and did not constitute a plain error. Another argument made by Clark was that he acted in self-defense during the shooting of another man. The jury was instructed about self-defense laws, and the evidence presented suggested that Clark was the aggressor in that situation. The court concluded that any rational jury could determine that he did not act in self-defense. Lastly, Clark argued that the combination of errors throughout the trial denied him a fair trial. However, since the court found no significant errors, they denied this claim as well. The court ultimately decided to uphold the convictions and sentences issued by the lower court.