Judge Klein Archives - OCCA Opinions

S-2009-667

Post author:Staff
Post published:March 15, 2010
Post category:S

In OCCA case No. S-2009-667, the State of Oklahoma appealed its conviction concerning Christy Anne Selders. In a published decision, the court decided to affirm the decision of the District Court of Tulsa County, which dismissed one of the charges against Selders. One judge dissented. The case began when Selders was charged with trying to make illegal drugs and also for defrauding a hotel. During the preliminary hearing, the judge had to decide if the police had a good reason to search Selders' hotel room and if they could use the evidence found there. After the State presented its case, Selders argued that the police search was not legal because they didn't have the right to enter the hotel room without proper permission. The judge agreed with Selders and decided to dismiss the charge related to manufacturing drugs, saying that the evidence was not strong enough to link Selders to the crime. The State didn't agree with this decision and decided to appeal, saying the judge made mistakes. They believed that Selders had given permission for the search and that there was enough evidence to try her. Another judge reviewed the case and eventually decided to uphold the original judge's decision. This judge agreed that the police may have thought they had permission to search, but still, they couldn’t prove that Selders was connected to any illegal activity in the hotel room. After reviewing everything, the court decided not to change the first ruling. They said that the dismissal of the charge was correct and that there was no abuse of discretion by the judges involved in the case. In the end, the court confirmed that the order to dismiss the charge against Selders was valid, meaning she would not face trial for that particular accusation.

M-2001-174

Post author:Staff
Post published:March 26, 2002
Post category:M

In OCCA case No. M-2001-174, the appellant appealed his conviction for unlawful possession of paraphernalia (a crack pipe). In a published decision, the court decided to reverse the conviction and remand for a new trial. Two judges dissented. The case began when the appellant was found guilty after a jury trial in Tulsa County. The judge sentenced him to one year in jail and a $1,000 fine, which was the maximum for this crime. The appellant raised several points of error in his appeal, including claims that his rights to represent himself were violated, and that the evidence against him was insufficient. During the trial process, the appellant continuously expressed his desire to represent himself. However, several judges denied his requests, primarily because they believed he might be at a disadvantage without a lawyer. The court ultimately found that the denial of the right to self-representation is a serious issue, which could result in an automatic reversal of a conviction. In examining the evidence, the court noted that while the appellant was in a motel room where the crack pipe was found, it wasn’t enough to support the conviction. The main issues that prompted the reversal were related to the appellant's right to represent himself. The court ruled that the previous decisions denying this right were not valid grounds. The absence of a warning about self-representation conduct and the lack of clarity about the rights involved led the court to conclude that the appellant's conviction could not stand. Therefore, the court ordered a new trial, allowing the appellant the chance to properly represent himself if he chose to.