Judicial Question Archives

F-2003-1241

Post author:Mili Ahosan
Post published:December 23, 2005
Post category:F

In OCCA case No. F-2003-1241, Eddie Don Milligan appealed his conviction for Unlawful Cultivation of Marijuana. In an unpublished decision, the court decided to reverse Milligan's conviction. One judge dissented. Milligan was found guilty by a jury of growing marijuana on his property and was given a six-year prison sentence. He appealed the decision, stating that there were multiple mistakes in his trial, including the improper use of evidence obtained from a search of his property that he believed violated his rights to privacy. The case started when agents from the Oklahoma Bureau of Narcotics were flying in a helicopter looking for marijuana. Due to engine trouble, they flew over Milligan's property and thought they saw marijuana plants. They did not check for sure but recorded the spot and returned the next day, where they saw only corn. They then obtained a search warrant and found some marijuana leaves near a burn pile, but nothing else that indicated marijuana was being grown. Milligan argued that the helicopter flight over his property violated his right to privacy. The court agreed, saying he had a reasonable expectation of privacy in his yard. The agents hadn't done enough to confirm they saw marijuana before getting the warrant. In the end, the court ruled that Miligan's rights were violated and reversed his conviction, sending the case back for further proceedings. The other arguments he made about his trial mistakes were not addressed since this decision resolved the main issue.

F 2002-175

Post author:Mili Ahosan
Post published:February 19, 2003
Post category:F

In OCCA case No. F 2002-175, James Dale Vaughn appealed his conviction for Trafficking Methamphetamine. In an unpublished decision, the court decided to affirm the convictions but modified the sentence for one of the counts. One judge dissented. Vaughn was found guilty of several charges after a police search of his home revealed drugs and a firearm. The police had a search warrant based on information from a confidential informant who claimed Vaughn was selling methamphetamine. During the search, officers discovered methamphetamine in various amounts, drug paraphernalia, and a firearm. Vaughn argued that the search warrant was improperly issued because it relied on hearsay from the informant that was not verified. The court found that there was enough information to justify the warrant and allowed the evidence found during the search to be admitted in court. Additionally, Vaughn claimed the trial court should have required the state to reveal the informant's identity. However, the court decided that the informant's identity was not relevant to Vaughn's defense, and so did not need to be disclosed. Finally, Vaughn argued that the jury was not properly instructed on the possible punishment for one of his charges. The court agreed that the instruction was incorrect and reduced the sentence for that particular charge, while upholding the convictions for the other charges. Thus, the overall decision allowed the convictions to stand, but changed the punishment for one count.