Judicial Discretion

RE-2003-455

  • Post author:
  • Post category:RE

In OCCA case No. RE-2003-455, Janis Gale McAbee appealed her conviction for the unlawful possession of a controlled drug with intent to distribute and unlawful possession of drug paraphernalia. In a published decision, the court decided to affirm the revocation of her suspended sentence. One judge dissented. McAbee had originally pled guilty to the charges and received a five-year suspended sentence, which meant she would not have to serve time in prison if she followed the rules of her probation. However, the state claimed that she broke those rules by committing new crimes. A petition was filed to revoke her suspended sentence, and during the hearing, the judge decided that the evidence collected by the police could still be used in the revocation hearing even if it may have been obtained inappropriately. The judge believed that the police did not act so wrongly that it would be shocking or unfair. After hearing the evidence, the judge found that McAbee had violated her probation. Even though she argued that the evidence was not enough to support the revocation, the court disagreed and said that what was found was enough to prove she broke the rules. In the end, the court decided to keep McAbee's sentence as it was but ordered a correction to the records to show that one of her sentences should actually have been one year instead of five years. The court affirmed the lower court's decision while making this correction.

Continue ReadingRE-2003-455

F-2002-1428

  • Post author:
  • Post category:F

In OCCA case No. F-2002-1428, Henry C. Flowers, Jr. appealed his conviction for False Declaration of Ownership to a Pawnbroker, After Former Conviction of Two or More Felonies. In an unpublished decision, the court decided to affirm Flowers' conviction but remand the case for resentencing. One judge dissented. Flowers was found guilty by a jury and sentenced to twenty years in prison. His appeal included two main points of error. The first point was that he believed there wasn't enough proof that he made a false declaration to a licensed pawnbroker. He argued that since the employee who helped him at the pawnshop was not a licensed pawnbroker, his actions should not count as a crime. However, the court explained that the law only requires the pawnshop owner to be licensed, not every employee. Therefore, the court felt there was enough evidence for the jury to decide that Flowers committed the crime. The second point raised by Flowers was about how the judge handled his sentence. The judge seemed unsure whether he could make Flowers' twenty-year sentence run at the same time as another sentence he already had. The court explained that judges do have the authority to run sentences concurrently and that not knowing this could be an abuse of discretion. Because of this, the case was sent back to the lower court for the judge to review the sentencing again. Overall, the court upheld Flowers' conviction but said the judge needs to reassess how to handle the sentences.

Continue ReadingF-2002-1428

C-2002-1525

  • Post author:
  • Post category:C

In OCCA case No. C-2002-1525, Campbell appealed her conviction for Enabling Child Abuse. In an unpublished decision, the court decided to affirm her conviction but modified her sentence. One judge dissented. Campbell was charged in Hughes County and entered a guilty plea while maintaining her innocence, known as an Alford plea. She was originally sentenced to twenty-five years in prison. Campbell later appealed, asking to withdraw her guilty plea or reduce her sentence. The court found that although she could not withdraw her plea because she had been properly informed about the rights she was waiving and the maximum penalty for her conviction, her sentence was too harsh. The court decided to change her sentence from twenty-five years to ten years, although it did not reverse her conviction. The dissenting judge believed the trial judge's original decision on the sentence should stand.

Continue ReadingC-2002-1525

F-2001-558

  • Post author:
  • Post category:F

In OCCA case No. F-2001-558, Medlin appealed her conviction for Manslaughter in the First Degree by Heat of Passion. In an unpublished decision, the court decided to reverse her judgment and dismiss the case. One judge dissented. The case began when a jury found Medlin guilty of Manslaughter for the shooting death of her husband, Jay Medlin. The jury sentenced her to four years in prison. Medlin argued that the trial court made a mistake by allowing instructions on a lesser charge of Manslaughter since she believed her actions were in self-defense due to previous abuse from her husband. Throughout their marriage, Medlin testified about the many times she and her children had been harmed by Jay. On the night of the shooting, after Jay verbally threatened the family and struck Medlin, she took a gun and shot him multiple times while he was asleep, believing she was defending herself and her children from further harm. At the appeal, the court determined that the evidence did not support a jury instruction on Manslaughter because Medlin had intended to kill her husband. The trial court's instructions to the jury were incorrect because they could only find that she had meant to cause death. Since the evidence only pointed to a conviction for murder, the court concluded that the previous conviction must be dismissed under the law. Thus, the court reversed the conviction and ordered the lower court to dismiss the case entirely, which also meant Medlin could not be tried for First Degree Murder again after the jury had found her not guilty of that charge. The dissenting opinion argued that the judge gave the jury a fair chance to decide based on the evidence presented and that the jury's actions were reasonable based on what they had seen and heard during the trial. In conclusion, the court's ruling in this case emphasized that if there is no substantial evidence showing that a lesser charge could apply, then that instruction should not be presented to the jury.

Continue ReadingF-2001-558

F-2001-637

  • Post author:
  • Post category:F

In OCCA case No. F-2001-637, James Ricky Ezell, III appealed his conviction for First Degree Robbery, False Impersonation, and Eluding a Police Officer. In an unpublished decision, the court decided to affirm Ezell's judgment but ordered the case to be sent back for resentencing. One judge dissented. Ezell was found guilty by a jury of robbing a convenience store and other crimes. The jury gave him long sentences for each crime, which the trial court ordered to be served one after the other. Ezell argued that his right to a fair trial was hurt because an African-American was removed from the jury, that the judge’s policy of always giving consecutive sentences was wrong, and that his sentences were too harsh. The court decided that the prosecutor had a good reason for removing the juror, so there was no unfair trial. However, it agreed that the judge's strict policy against considering running sentences together was a mistake. The court found that while sentences usually should run consecutively, judges must look at all options, including the chance to run sentences together, especially if a defendant has prior convictions. In conclusion, while Ezell's conviction was upheld, the court said the sentencing decision was not fully considered and sent the case back for the judge to look at this again. One judge disagreed with the decision to send the case back for resentencing, believing that the original sentences were justified given the nature of Ezell's crimes.

Continue ReadingF-2001-637

F-2001-211

  • Post author:
  • Post category:F

In OCCA case No. F-2001-211, Sherl D. Batise appealed his conviction for Assault and Battery with a Dangerous Weapon. In an unpublished decision, the court decided to affirm the judgment and sentence, meaning Batise will continue to serve his time in prison. One judge dissented. Batise was found guilty by a jury and was sentenced to thirty-five years in prison. He argued in his appeal that he did not have good legal help during his trial, that his punishment was too harsh, and that the court did not properly decide how much money he should pay in restitution to the victim. The court looked closely at Batise's claims. They found that he could not prove that having better legal help would have changed the outcome of his trial. They also thought that a thirty-five-year sentence was appropriate, especially since Batise had prior felony convictions, including serious crimes. The court explained that a long sentence was justified given the severity of his actions, which involved attacking someone with a machete. Regarding the restitution, the court agreed with Batise that the trial judge did not follow the right steps when deciding how much money he should pay to the victim. The judge was supposed to take into account whether Batise could afford to make those payments without causing serious hardship to him or his family, and he also needed clear evidence of how much the victim lost. Since this was not done correctly, the court decided to vacate the restitution order and sent the case back to the trial court for further review. In summary, Batise’s conviction was upheld, meaning he remains in prison, but the order about how much he should pay the victim was canceled, and that will be re-evaluated by the trial court.

Continue ReadingF-2001-211

F-1999-1422

  • Post author:
  • Post category:F

In OCCA case No. F-99-1422, Crider appealed his conviction for Murder in the First Degree. In an unpublished decision, the court decided to reverse and remand the case for a new trial. One judge dissented. Crider was found guilty of killing his 12-year-old stepdaughter, Crystal Dittmeyer, after she went missing in 1996. In trial, the evidence against him included blood found in their home and in his car, as well as a patterned injury on Crider's arm that was argued to be a bite mark from Crystal. The prosecution claimed Crider transported her body in a garment bag and disposed of it. Crider raised several issues in his appeal, including concerns about the reliability of expert testimony that suggested the bite mark on his arm could have come from Crystal. The court found that the expert methods used were not scientifically reliable and did not help the jury understand the evidence. This issue alone warranted a reversal of the conviction. Additionally, the court identified errors in admitting evidence related to luminol tests, which suggested the presence of blood in Crider's car but later tests were inconclusive. The admission of testimony related to a rural area where Crystal's body was not found was also seen as prejudicial and misleading. Overall, the court determined that the combination of these errors negatively impacted Crider's right to a fair trial. The ruling emphasized the need for reliable and helpful expert evidence in criminal trials, especially in cases involving serious allegations like murder. The court called for a new trial to ensure Crider received a fair hearing.

Continue ReadingF-1999-1422

F-2000-948

  • Post author:
  • Post category:F

In OCCA case No. PR-99-1326, the Petitioners appealed their conviction for murder and shooting with intent to kill. In an unpublished decision, the court decided that the mistrial declared by the judge was not justified and therefore double jeopardy bars the State from retrying the Petitioners. One judge dissented. The case began when the Petitioners were charged with serious offenses. The first trial ended in a mistrial, which the judge declared after issues arose during a witness's cross-examination. The attorneys raised concerns about whether the prosecution had failed to provide evidence that could help the defense. This evidence related to the witness's background and credibility. The judge felt that the defense attorney’s questions may have harmed the trial, which led him to call for a mistrial. However, after reviewing the trial's events, the court found that there was no manifest necessity for a mistrial. In other words, the situation did not require such an extreme remedy. The court felt that a warning could have been sufficient to address any perceived problems before resorting to declaring a mistrial. Ultimately, the review concluded that the judge made errors in declaring the mistrial and, as a result, the defendants could not be tried again for these charges. The opinion emphasized that once a jury is discharged without sufficient reason, it can lead to violating the defendants' rights under the double jeopardy clause, which prevents someone from being tried for the same crime twice.

Continue ReadingF-2000-948