Judicial Process Archives

F-2011-509

Post author:Staff
Post published:September 10, 2013
Post category:F

In OCCA case No. F-2011-509, Mark Anthony Clayborne appealed his conviction for Perjury by Subornation and Allowing the Production of a False Exhibit. In an unpublished decision, the court decided to affirm the conviction for Perjury by Subornation but reversed the conviction for Allowing the Production of a False Exhibit. One judge dissented. Clayborne, a lawyer, represented a defendant accused of selling drugs. During the trial, he presented a video as evidence showing his client was in Mexico at the time of the alleged crime. However, a forensic video analyst testified that the date stamp on the video was altered. As a result, Clayborne was charged with subornation of perjury for allowing false evidence and for producing a false exhibit. Throughout his appeal, Clayborne raised several issues. He argued that the trial court made errors by improperly answering jury questions, violating his rights due to prosecutorial misconduct, and mishandling evidence. He also contended that certain jury instructions were incorrect, particularly a lack of clear mention of required knowledge of the false exhibit. The court ruled that while there was an error regarding jury instructions, it was not enough to require a reversal of the conviction for subornation of perjury because the outcome was still supported by strong evidence. However, they found that the trial court erred in how they handled the issues related to the false exhibit, leading to that conviction being overturned. The decision covered various claims of error including jury questions, prosecutorial misconduct during closing arguments, and evidence issues. Ultimately, the court decided to keep one conviction while reversing the other due to significant procedural concerns.

RE-2010-293

Post author:Staff
Post published:June 22, 2011
Post category:RE

In OCCA case No. RE-2010-293, Downs appealed his conviction for a probation violation. In an unpublished decision, the court decided to affirm the revocation of his suspended sentences. One judge dissented. Downs had entered guilty pleas for several crimes in 2004, which included assault and possessing controlled substances. After completing part of his sentence in 2006, some of his time was suspended, meaning he would not have to serve it if he followed the rules of probation. However, in 2008, the State accused him of violating his probation because he was arrested for a new crime. A hearing took place in 2010 where evidence was presented, and the judge found that the State proved Downs had violated his probation. As a result, all of his suspended sentence was revoked. Downs raised several arguments in his appeal, saying the trial judge made mistakes that affected his case. He claimed he was not given enough time to prepare his defense, that the evidence against him was not strong enough, and that he was not allowed to confront witnesses. He also argued that the revocation was for too long and that the judge didn't have the right to revoke his sentence. The court examined each of Downs' claims. They found that it was reasonable for the judge to deny a continuance for more time to prepare, and that the evidence at the hearing was enough to support the revocation of his probation. They also stated that Downs had waived his right to a quick hearing, meaning the 20-day rule that he mentioned did not apply. In the end, the court did agree that there was a small mistake in the length of time noted for the revoked sentence, which needed to be corrected. However, they affirmed the decision to revoke all of Downs' suspended sentences. Thus, the court ordered that a corrected record be made to show the right amount of time for his sentences. The judges all generally agreed on the decision, but one judge had a different opinion.