F-2019-605

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In OCCA case No. F-2019-605, Jerome Matthew McConell appealed his conviction for Obtaining Merchandise by False Pretenses. In an unpublished decision, the court decided to affirm the judgment and sentence of the district court, except for certain parts which were stricken. One member of the court dissented. McConell was found guilty after a bench trial in the District Court of McCurtain County. He was sentenced to thirty months in prison, but he argued that his trial was unfair for three main reasons. First, he claimed he was not allowed to confront some witnesses properly because hearsay evidence was permitted. Hearsay is when someone testifies about what another person said outside of court, which usually isn't allowed as direct evidence. However, the court found no real error in this situation because McConell's lawyer brought up the same issues during questioning. Therefore, the court did not see a violation of his rights. Second, McConell argued that evidence from another incident should not have been allowed by the court because the state did not give proper notice about it. However, the court decided that the evidence was relevant and no mistakes were made in permitting it. Lastly, McConell noted that the written sentence and conditions after his trial did not match what was discussed in court. The judge had ordered conditions that he should not enter a casino and also mentioned costs for prosecution that were not allowed under the law. The court agreed that these parts of the judgment were incorrect and decided to strike them from his sentence. In summary, the appeals court did affirm McConell's conviction, meaning they upheld the trial's decision, but they corrected some errors in how his sentence was recorded and ordered the lower court to make those changes.

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F-2018-1144

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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).

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