F-2018-114

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In OCCA case No. F-2018-114, Andrew Huff appealed his conviction for four counts of Child Neglect and one count of Child Sexual Abuse. In a published decision, the court decided to affirm his conviction and sentence. One judge dissented. Andrew Huff was convicted of neglecting his children and sexually abusing a minor. He was sentenced to a total of twenty-five years for the neglect charges and thirty years for the sexual abuse, with all sentences running concurrently. He raised several arguments against his conviction, claiming his rights were violated through various means. First, Huff stated that his video-recorded statements to an investigator should not have been allowed in court because he didn't properly waive his right to counsel. The court found no error in admitting the statement, stating that Huff’s questioning did not clearly indicate he wanted a lawyer at that moment. Next, Huff argued that hearsay evidence was incorrectly allowed, which hurt his chance of a fair trial. However, the court found that any hearsay used was not harmful to the case since other clear evidence proved the charges. Huff also claimed improper admission of other crimes evidence during his police interview, but again, the court concluded there was enough evidence for a verdict regardless of those statements. Regarding jury instructions, Huff felt the jury did not receive proper guidance on the laws for child sexual abuse, which the court acknowledged but deemed harmless since overwhelming evidence supported the verdict. Huff’s claim of insufficient evidence was denied as the court found that evidence presented allowed for rational conclusions supporting the guilty verdicts on both child neglect and sexual abuse. He also brought up issues regarding prosecutorial misconduct during the trial. The court examined these claims and determined any alleged misconduct was not severe enough to warrant a reversal of the conviction. Huff argued that his counsel was ineffective for not objecting to the introduction of certain evidence and not properly advising him during the trial. The court disagreed, stating that the counsel's performance, while being scrutinized, did not affect the overall outcome of the trial as there was sufficient evidence against him. Lastly, Huff believed that his sentence was excessive, but the court noted that the punishment was within legal limits and that the nature of the crimes warranted the sentence imposed. The overall decision confirmed that there were no reversible errors during the trial, and the affirmance upheld Andrew Huff’s conviction and sentences.

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F-2007-336

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In OCCA case No. F-2007-336, Michelle Ann Barry appealed her conviction for First-Degree Murder. In an unpublished decision, the court decided to reverse her conviction and remand for a new trial. One judge dissented. Michelle Ann Barry was found guilty of murdering her infant daughter, Andrea Heath. The jury decided on a life sentence for Barry. Barry argued that the evidence against her was not strong enough to prove she was guilty. Her main point was that the evidence only suggested she might be guilty but did not rule out other possibilities of who could have harmed her child. The court explained that it had to look at the evidence in a way that favored the state. They concluded that the jury could have believed Barry was the one who harmed her daughter. This was largely because the only other person awake during the incident was Barry's five-year-old son, who was too small to cause the injuries. Barry also claimed her lawyer did not do a good job defending her in court. To win this point, she had to show that her lawyer made serious mistakes and that those mistakes changed the outcome of her case. She pointed out that her lawyer failed to object to certain evidence that could have hurt her chances in the trial, like bad character evidence about her lifestyle and drug use. The court agreed with Barry that her lawyer's performance was lacking. They noted that her lawyer didn’t challenge negative testimony that could mislead the jury, and importantly, did not find experts to counter the claims made about her son’s physical inability to cause the injuries. Due to the many mistakes made by her lawyer during the trial, the court felt that Barry's conviction couldn’t stand. They reversed her conviction which means she would have a chance at a new trial to present her case again. One judge dissented, believing that the conviction should be upheld.

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