Judicial Authority Archives - Page 2 of 2

F 2005-362

Post author:Staff
Post published:June 16, 2006
Post category:F

In OCCA case No. F 2005-362, Pat Lee Richardson appealed his conviction for First Degree Manslaughter. In an unpublished decision, the court decided to affirm his conviction but modified his sentence. One judge dissented regarding the sentence modification. Pat Lee Richardson was found guilty of First Degree Manslaughter after a trial without a jury in Comanche County. He was sentenced to 35 years in prison. He appealed, arguing that he had a defense based on Oklahoma's Make My Day Law, which allows people to use force against intruders in their homes. Richardson claimed the victim was an intruder when he was stabbed. The court explained that the Make My Day Law applies only when someone enters a home, but the victim was standing on the porch, not inside the house. Therefore, Richardson could not use that law as a defense. The court also noted that stabbing the victim a second time while he was on the ground was not justified. Richardson argued that his lawyer did not provide good assistance by not presenting the Make My Day Law defense. However, the court believed this did not affect the outcome of his trial since the law did not apply to his case. He also argued that his actions were justifiable as self-defense. The court stated that there was no evidence to show that he was in danger at the moment he stabbed the victim, considering the victim presented no serious threat. Lastly, Richardson argued that his 35-year sentence was too harsh. The court agreed and modified his sentence to 20 years, feeling that the original sentence was shocking and too severe when taking into account certain factors of the case. Overall, the court upheld the guilty verdict but decided to reduce the prison time that Pat Lee Richardson would have to serve.

C-2005-211

Post author:Staff
Post published:May 9, 2006
Post category:C

In OCCA case No. C-2005-211, the petitioner appealed his conviction for possession of child pornography and producing child pornography. In a published decision, the court decided to deny the petition for writ of certiorari and affirm the judgment while modifying the sentences. One judge dissented. Chad Justin Berntson entered guilty pleas to two serious charges related to child pornography in December 2004. In February 2005, he was sentenced to ten years in prison for each charge, with the sentences set to be served at the same time. He later asked to change his pleas, but the court said no. Berntson argued there were misunderstandings with the plea deal and claimed that one of the charges was not applied correctly, which made his plea involuntary. He also felt that the ten-year sentences were too harsh. After looking closely at his claims and the documents related to his case, the court decided that he did not have a misunderstanding about his plea. They noted that Berntson knew what to expect as they both agreed on a sentence of ten years. However, the court found that he was charged incorrectly with one of the counts, meaning he should have faced a lesser maximum sentence according to the different law that applied. Because of that, they changed the judgment and sentence for that count to five years instead. In the end, the court denied Berntson's request to change his plea, but they adjusted his sentence. They set both counts to five years in prison instead of the original ten years. The two sentences would still be served at the same time. One judge disagreed with how the court modified the sentences, believing that if Berntson entered a valid plea and got the sentence he expected, it should not be changed. This judge thought the court was wrong to alter the charges and punishments after the fact.

RE-2004-812

Post author:Staff
Post published:October 3, 2005
Post category:RE

In OCCA case No. RE-2004-812, Duckett appealed his conviction for Unlawful Possession of A Controlled Drug. In a published decision, the court decided to reverse the order of the District Court regarding the revocation of Duckett's suspended sentence and instructed the court to dismiss the case, leading to Duckett's immediate release. One judge dissented. The case began when Duckett entered a guilty plea for possessing crack cocaine and was given a three-year suspended sentence. However, in 2002, the state wanted to revoke this sentence due to alleged violations of probation. Duckett was arrested and confessed to violating the terms of his probation in early 2003, but his sentencing was postponed several times. When Duckett failed to appear for a hearing in June 2004, a warrant for his arrest was issued. After being taken into custody, he had his sentencing hearing on July 26, 2004, during which the court revoked his suspended sentence due to his absence at the earlier hearing. Duckett appealed this decision, arguing that the court could not revoke his probation after his three-year term had expired. The court agreed with Duckett's argument, stating that the District Court did not have the authority to sentence him after the probation had ended. Although the court had taken steps to help him, such as continuously supervising his probation, the law does not allow for a suspended sentence to be extended indefinitely. The ruling emphasized that once the suspended sentence expired, the District Court lost its power to revoke it. Therefore, the court reversed the earlier decision and instructed the District Court to dismiss the case, allowing Duckett to be released.

C-2003-356

Post author:Staff
Post published:March 23, 2003
Post category:C

In OCCA case No. C-2003-356, Feaster appealed his conviction for robbery and related charges. In a published decision, the court decided that he was denied effective assistance of counsel and granted his writ for a proper hearing on the motion to withdraw guilty pleas. One judge dissented, arguing that the motion to withdraw was filed too late and should be dismissed.

RE 2001-0911

Post author:Staff
Post published:June 13, 2002
Post category:RE

In OCCA case No. RE 2001-0911, the Appellant appealed his conviction for burglary and larceny of an automobile. In an unpublished decision, the court decided to reverse the order from the lower court regarding the Appellant's participation in Drug Court. One judge dissented. In this case, the Appellant, after pleading guilty to burglary and larceny, had his original sentence changed to a suspended sentence with probation requirements. He was required to attend drug counseling and submit to drug tests. However, the State later claimed that he did not complete the agreed program. During the hearing about this issue, there was confusion about whether it was a revocation of his suspended sentence or a termination from Drug Court. The evidence showed uncertainty about the Appellant's actual participation in Drug Court. The court noted that it could not determine if the lower court had abused its discretion due to the confusion during the hearings. Ultimately, since it was unclear if the Appellant was appropriately part of the Drug Court, the higher court reversed the lower court's decision and instructed to dismiss the case instead of continuing with the termination.

RE-2000-1429

Post author:Staff
Post published:December 14, 2001
Post category:RE

In OCCA case No. RE-2000-1429, Walker John Myers appealed his conviction for attempting to elude a police officer and resisting an officer. In an unpublished decision, the court decided to affirm the revocation of his suspended sentence but ordered that the district court clarify the order. One judge dissented. Myers had originally received a sentence of one year in jail for each of the charges, with some time suspended. After an investigation, the court found he had violated the terms of his probation. The appeal focused on whether there was enough evidence for this decision, and on the clarity of the revocation order. The court found that Myers had previously admitted to violating his probation, which meant that the revocation was supported by evidence. However, it also noted that the order was unclear about how much of his remaining sentence was actually being revoked, leading to the requirement for a clearer explanation from the district court.

MA-2001-117

Post author:Staff
Post published:July 3, 2001
Post category:MA

In OCCA case No. MA-2001-117, the Petitioner appealed his conviction for two counts of Murder in the First Degree and two counts of Robbery With a Dangerous Weapon. In a published decision, the court decided to grant the petition for an extraordinary writ, which means the court decided to stop the prosecution from seeking the death penalty in the retrial. The dissenting opinion noted concerns regarding the outcome of the case based on previous legal interpretations and precedents. The case began with the Petitioner charged in two separate cases, related to tragic events that resulted in the loss of life and armed robbery. Initially, the jury found him guilty of all charges and recommended life sentences without parole for the murders and life imprisonment for the robbery offenses. However, this verdict was reversed, and the case was sent back for separate trials, which created a new legal situation. The Petitioner argued that he should not face the death penalty again because the first jury had already decided on a life sentence, indicating that they did not believe the death penalty should apply. This idea connects to the legal protection known as the Double Jeopardy Clause, which prevents someone from being tried multiple times for the same offense. The court looked closely at the issue of double jeopardy, discussing how it applies not just to being tried for the same crime, but also regarding the severity of punishment. They acknowledged that once a jury has had a chance to decide on a punishment like the death penalty, the state should not get a second opportunity to change that if the first jury chose not to impose it. As a result, the court found that the Petitioner should not have to go through the additional stress and public scrutiny of another capital sentencing trial when they had already made a clear decision against it previously. Thus, the petition to prohibit the state from seeking the death penalty was granted.

F-2000-821

Post author:Staff
Post published:July 1, 2001
Post category:F

In OCCA case No. F-2000-821, Mitchell Lawrence Rose appealed his conviction for Solicitation of First Degree Murder. In a published decision, the court decided to affirm the judgment but vacate the sentence and remand the case for resentencing. One judge dissented.