F 2015-738

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In OCCA case No. F 2015-738, Richard Jerrel Jackson appealed his conviction for multiple drug-related offenses and driving with a suspended license. In an unpublished decision, the court decided to reverse and dismiss some of the charges while affirming the rest of the conviction. One judge dissented. Jackson was found guilty of possessing methamphetamine, marijuana, alprazolam, drug paraphernalia, and driving with a suspended license. His sentences included life imprisonment for the methamphetamine conviction and varying years for the other charges, all to be served consecutively. Jackson raised several arguments on appeal, mainly focusing on claims of double jeopardy, ineffective counsel, and evidence errors. The court found that it was wrong for Jackson to be convicted of possession of three drugs when they were all found together. The State agreed that this violated the rules against double punishment, leading to a reversal of the convictions related to the marijuana and alprazolam. For the other claims, including the effectiveness of Jackson's lawyer and various evidentiary issues, the court ruled largely in favor of the trial's findings, concluding that Jackson had not demonstrated any substantial harm or errors that affected his conviction significantly. This included affirming the use of prior felony convictions for sentencing enhancements and the handling of evidence during the trial. In summary, while the court dismissed two of the charges against Jackson, it upheld the others and determined that there were no significant errors in how the trial was conducted. The judges agreed on most aspects of the case, with one judge expressing a differing opinion on some points.

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F-2013-11

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In OCCA case No. F-2013-11, James Earl Darton appealed his conviction for first degree murder, possession of a firearm after a felony conviction, and domestic assault and battery. In a published decision, the court decided to affirm Darton's convictions and sentences while modifying the sentence for the domestic assault and battery charge. One judge dissented. Darton was found guilty of killing Kimberly Ragland, who was found shot in her car. Prior to her death, Ragland had a tumultuous relationship with Darton, which included a previous altercation that led her to seek a protective order against him. This protective order prohibited Darton from being near her, which he violated on the night of the murder. On that night, after a fight where Darton hit Ragland and used a stun gun on her, she was later taken away by Darton, where her murder occurred. Darton was arrested and claimed he had left with a different person. The jury found him guilty based on evidence presented during the trial, including his motive for killing Ragland due to financial loss from the protective order. In his appeal, Darton raised several issues. First, he argued that the sentence for domestic assault was improperly increased based on a law that was not applicable at the time of his offense. The court agreed that this was indeed an error and reduced his sentence for that charge. He also claimed evidence of his drug dealing should not have been allowed during the trial. However, the court found that this evidence was relevant to show Darton’s motive to murder Ragland since her protective order affected his ability to sell drugs. Lastly, Darton asserted that he did not have competent legal representation during his trial. The court reviewed his claims about his lawyer’s performance and ultimately decided that his attorney’s actions were part of a reasonable strategy and did not significantly harm Darton's case. Overall, the court affirmed most of the lower court's judgments but corrected the sentence related to the domestic assault charge.

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