Jurisdiction

F-2011-460

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In OCCA case No. F-2011-460, Tate appealed his conviction for multiple offenses including Attempting to Elude a Police Officer and Running a Roadblock. In an unpublished decision, the court decided to affirm some convictions and reverse others. One judge dissented. Tate was found guilty of trying to get away from the police and running through roadblocks. He also faced charges for assaulting a police officer. The jury recommended sentences which included prison time and fines. Tate argued that he should not be punished for multiple offenses when they stemmed from the same action of fleeing from police, claiming this violated laws against double punishment. The court reviewed the evidence and decided that, while some of Tate's claims were valid, such as his objections to being convicted for both Obstructing and Resisting an Officer, other aspects did not warrant reversal. The judges agreed that being punished separately for Attempting to Elude and for Assaulting an Officer was acceptable because they involved different actions. Overall, the court upheld the conviction on some counts, but reversed others due to overlapping aspects of Tate’s actions. The discussion highlighted the importance of careful laws around double jeopardy to ensure fair punishment.

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S-2011-544

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In OCCA case No. S-2011-544, the State of Oklahoma appealed a court's decision where evidence was suppressed in a criminal case. In an unpublished decision, the court decided to uphold the lower court's ruling. One member of the court did not agree with this decision. The case began when the district court, under the Special Judge, found that the State had not followed the rules about sharing evidence, known as the Discovery Code. The State argued that it had done nothing wrong and claimed that the court should not have punished them for this. They believed the judge’s decision to tell the jury about the supposed violation was also wrong, especially since they didn't act in bad faith. The court examined the arguments from both sides and concluded that the district court did not make a mistake. They believed that the State really did not follow the rules and agreed that it was appropriate to impose penalties for this. The court also explained that they don't usually review jury instructions in these matters. Ultimately, the higher court decided to keep the ruling from the district court, meaning the previous decision to suppress the evidence remained in effect. The ruling was considered important in the context of the legal process. In the end, the reasoning emphasized that having a fair process helps both sides in a case and that knowing the strengths and weaknesses of each other's arguments can make trials go better. Even though some might think the penalties were harsh, the court felt it was essential to make sure that such rules are followed in the future.

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S-2011-543

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In OCCA case No. S-2011-543, the State of Oklahoma appealed its conviction for suppressing evidence against DAREN LEVI GEYER. In a published decision, the court decided to affirm the lower court's order. The judges noted that the trial court was correct in determining that the State had violated rules regarding evidence disclosure and imposed sanctions on the State for not following these rules. The court found that the State's failures warranted these sanctions, and the imposition of a jury instruction against the State was also upheld. One judge dissented, emphasizing the importance of fair play in the discovery process during trials.

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F 2010-1191

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In OCCA case No. F 2010-1191, Mark A. Sanders appealed his conviction for possession of a controlled dangerous substance and carrying a weapon. In a published decision, the court decided to reverse and remand for further proceedings. One judge dissented.

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F 2010-0888

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In OCCA case No. F 2010-0888, Eugene Turner appealed his conviction for assault and battery on a police officer, escape from detention/arrest, and domestic assault. In a published decision, the court decided that the District Court did not have the authority to accelerate Turner's deferred sentence for the assault on the police officer because the time limit for filing had already passed. The ruling was based on a prior case, which stated that a deferred sentence starts on the day it is given. Since the State didn’t file their application until after the deadline, Turner's case was sent back to the lower court for further proceedings. One judge dissented.

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RE-2010-457

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In OCCA case No. RE-2010-457, Jacquelin Clariece Alexander appealed her conviction for possession of a controlled dangerous substance and possession of drug paraphernalia. In an unpublished decision, the court decided to affirm the revocation of her suspended sentence for one charge, but reversed the revocation for the other charge, sending it back for dismissal. One member of the court dissented.

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C-2010-1139

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In OCCA case No. C-2010-1139, a petitioner appealed his conviction for False Personation of Another to Create Liability. In a published decision, the court decided to grant the appeal. The court concluded that the trial court made a mistake by not holding a hearing on the petitioner's request to withdraw her no-contest plea. The decision requires the case to go back to the lower court for this necessary hearing. One judge dissented.

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C-2011-51

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In OCCA case No. C-2011-51, Wilkes appealed his conviction for second-degree rape. In an unpublished decision, the court decided to grant the petition, allowing Wilkes to withdraw his plea. One judge dissented. Darren Casey Wilkes had originally entered a no contest plea to second-degree rape but later sought to change that plea after not being accepted into a special program meant for young adults. This program was key to his decision to plead no contest. When he was denied entry into that program, he believed he should be allowed to withdraw his plea because the conditions he agreed to were not fulfilled. The court reviewed the case and found that Wilkes’s plea was based on an agreement that included eligibility for the Delayed Sentencing Program. The problem arose from incorrect paperwork that included charges that were supposed to be dropped. Since this error affected Wilkes's eligibility and the terms of his plea, the court determined that he should be allowed to withdraw his plea. Throughout the process, it was clear that Wilkes did not admit guilt but entered his plea with the expectation of receiving certain benefits. Instead of receiving those benefits, he was sentenced to ten years in prison without the opportunity to participate in the program. The court concluded that the right remedy was to allow Wilkes to withdraw his plea and return to where he was before his plea was entered.

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RE-2010-293

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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.

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RE 2010-0600

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In OCCA case No. RE 2010-0600, Beau Ashley Kifer appealed his conviction for lewd molestation. In an unpublished decision, the court decided to affirm the revocation of his suspended sentences for two of the counts but reversed the revocation for the other two counts because the court did not have the authority to act on those counts since the sentences had already expired. One judge dissented.

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C-2011-651

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In OCCA case No. C-2011-651, the appellant appealed his conviction for domestic assault and battery by strangulation and threatening to perform an act of violence. In an unpublished decision, the court decided to modify the sentence for the second count but affirmed the conviction and sentence for the first count. One judge dissented. James Duane Dorsey, Jr. entered a guilty plea for domestic assault and battery and no contest for threatening to perform an act of violence. He was sentenced to three years in prison, which was suspended, and 90 days in county jail for the first count. For the second count, he received a suspended one-year jail sentence, to run at the same time as the first count. Dorsey later tried to withdraw his pleas, but the trial court did not allow it. In his appeal, Dorsey argued two main points. First, he claimed his plea for the first charge was not valid because the court did not show enough facts to justify the plea. Second, he said the sentence for the second count was too long and needed to be changed. The court looked carefully at the entire case record before making a decision. They found that for the first point, Dorsey did not mention the lack of facts during his earlier motions, which means it was not properly brought up in his appeal. The court determined that, under their rules, they could only check for serious mistakes, not just any errors. They confirmed that Dorsey's pleas were made knowingly and that the court had the right to accept them. Dorsey had admitted to the crime of strangulation during his hearing, and the state had evidence to support the charge of threatening violence. For the second point, the court agreed with Dorsey that his sentence for the second count was too long. They noted that the maximum sentence for that misdemeanor should be six months. Therefore, they adjusted the sentence down to six months, but still suspended it. Overall, the court accepted Dorsey’s pleas and affirmed his conviction for the first count. However, they changed his sentence for the second count to fit within legal limits. One judge disagreed with how the court reviewed the first point but agreed with the rest of the decision.

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J-2010-653

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In OCCA case No. J-2010-653, the appellant appealed his conviction for multiple charges, including arson and assault on a police officer. In an unpublished decision, the court decided to reverse the juvenile court's order certifying the appellant as an adult. Two justices dissented. The appellant, who was around seventeen-and-a-half years old at the time of the incidents, faced serious charges, including arson and endangering human life. The state wanted to treat him as an adult, and a judge agreed to this on June 25, 2010. However, the appellant's defense argued that the state did not provide clear and convincing evidence to support this decision. During the appeal, the court examined whether the evidence justified treating the appellant as an adult. The judges noted that the law allows for such decisions only in exceptional cases, where a child is deemed not able to benefit from rehabilitation provided in juvenile programs. The appellant's side argued that he was receptive to treatment, as shown by his actions post-incident. He was receiving proper medical treatment after struggling with prescription medication and alcohol use, and he was advancing in his rehabilitation efforts. The justices found that the evidence presented showed the appellant was amenable to treatment and could be rehabilitated if kept within the juvenile system. The court emphasized that just because the acts committed were serious does not mean the child should be treated as an adult without proper evidence. Ultimately, the appeal resulted in the reversal of the certification order, meaning the appellant should not be treated as an adult and should be retained in the juvenile system. The dissenting opinions raised concerns about the risks of letting the appellant remain a juvenile, suggesting that not treating him as an adult could endanger the community given the serious nature of his actions. They believed that the judge's original decision should have been upheld. In conclusion, the majority opinion favored rehabilitation over punishment as an adult, highlighting the importance of the juvenile justice system's focus on the potential for reform and supervision.

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F-2008-1041

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In OCCA case No. F-2008-1041, David Roland Boschee appealed his conviction for robbery with a firearm and related charges. In a published decision, the court decided to affirm most of the convictions but reversed one related to possession of a firearm after a felony. One judge dissented from the decision. Boschee was found guilty after a jury trial for several offenses, including robbery with a firearm. The court sentenced him to a total of 25 years in prison for his serious crimes. Boschee raised several arguments in his appeal regarding the fairness of his trial and the legitimacy of the multiple charges against him. Firstly, he argued that it was unfair to force him to defend against two robbery charges in one trial. The court found no abuse of discretion in joining these cases, meaning they decided it was reasonable to have them heard together. Secondly, Boschee contended that his convictions for both robbery and possessing a firearm with a defaced serial number were against the law because they represented double punishment for the same act. However, the court disagreed, stating these were separate offenses and did not violate any statutes. Thirdly, Boschee argued that he was wrongfully convicted of two counts of possessing a firearm after a felony. The court agreed that there was not enough evidence to support two convictions and decided to dismiss one of these counts. The court also found that his argument about receiving ineffective assistance from his lawyer was without merit, concluding that his rights were not violated in this regard. In summary, the court upheld most of Boschee's convictions but agreed that one count of possession should be dismissed. The judges had different opinions, with one judge dissenting, stating that the joining of the robbery charges may have harmed Boschee’s case.

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C 2008-1183

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In OCCA case No. C 2008-1183, Kory Williams appealed his conviction for multiple crimes, including shooting with intent to kill and possession of a firearm. In a published decision, the court decided that his plea was not made knowingly and voluntarily, leading to the granting of his petition for certiorari. The judgment and sentence were vacated and the case was sent back for further proceedings. One member dissented.

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RE-2008-880

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In OCCA case No. RE-2008-880, William John Myers appealed his conviction for two counts of Second Degree Arson. In an unpublished decision, the court decided to reverse the revocation order in one of the cases but affirmed the revocation in the other case. One judge dissented. Myers had earlier pleaded guilty to two arson offenses and received a suspended sentence of 20 years, with the first 7 years of that sentence active, meaning he had to serve that time in prison unless he followed probation rules. Later, in 2008, the court found that he had broken the rules of his probation, leading to the judge revoking the suspended part of his sentence. Myers argued that one of his revocations should not have happened because the State did not file a required petition to seek that revocation. The court agreed with him, stating that without the petition, they did not have the authority to revoke his sentence for that case. However, for the other case, where Myers had also violated probation, the court held that the decision to fully revoke the suspended sentence was within the trial court's discretion, and they found no mistake in that ruling. Therefore, the court decided to reverse the order about the first case but keep the revocation in place for the second case. This means that Myers still has to serve part of his sentence for the second case while the order regarding the first case was sent back to the lower court to clarify that he still has his suspended sentence in that case.

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RE-2007-1233

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In OCCA case No. RE-2007-1233, Jeffrey Allen Holden appealed his conviction for two counts of First Degree Rape and one count of First Degree Burglary. In an unpublished decision, the court decided to reverse the District Court's ruling and dismiss the State's application to revoke Holden's suspended sentence. One judge dissented. Holden had originally entered a guilty plea and was given a long sentence with part of it suspended. However, he was accused of violating probation by contacting the victim while in prison. The rules say that a hearing to revoke a suspended sentence needs to happen within twenty days after the guilty plea. When the second hearing wasn't conducted on time, Holden argued that the court didn't have the power to proceed. The court ultimately agreed with Holden, ruling that the process was not followed correctly, and because of this, they did not have the authority to go forward with the revocation. Therefore, the case was sent back with instructions to dismiss the application.

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C 2008-448

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In OCCA case No. C 2008-448, Franklin Savoy Combs appealed his conviction for grand larceny. In an unpublished decision, the court decided to allow Combs to withdraw his plea. One judge dissented. Combs was charged with grand larceny after two checks were stolen while he was visiting someone's home. He entered an Alford plea, meaning he accepted a punishment without admitting guilt, thinking it would be in his best interest. Combs was sentenced to five years in prison, with four years of that time suspended. Later, Combs sent a letter to the court saying he wanted to change his plea because he believed he was not guilty since he did not actually steal anything. The court agreed to a hearing where Combs explained that he didn't commit the crime. However, the court decided not to let him withdraw his plea. Combs then appealed this decision and raised two main points: he didn't understand what he was doing when he entered his plea, and there wasn't enough evidence to support his plea. The appeals court reviewed the case and decided that the original court made mistakes. They noted that there was not enough factual basis for Combs to plead guilty. In fact, they found that he might actually be innocent of the charges based on the facts presented. The appeals court said that Combs should be allowed to take back his plea and sent the case back to the lower court for further actions based on their ruling. Overall, the court agreed that Combs did not enter his plea knowingly and voluntarily, and they concluded their findings by granting him the chance to withdraw his Alford plea.

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C-2007-821

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In OCCA case No. C-2007-821, Marcus D. Carter appealed his conviction for Failure to Comply with Sex Offender Registration Act. In an unpublished decision, the court decided to remand the case for a new hearing on Carter's motion to withdraw his plea. One justice dissented. Carter entered a plea of no contest to the charges against him and was sentenced to five years in prison, which would run at the same time as another sentence he had. After his plea, he wanted to withdraw it and filed a motion for that. However, the court did not hold the required hearing to address his motion within the thirty days that should have been allotted. Carter claimed this was unfair and that he did not get the help he needed from his attorney. The court looked at two important questions: whether Carter's plea was made knowingly and willingly and if the court had the authority to accept it. His argument that the court did not hold the hearing on time was not considered valid for this appeal. However, the court did find that Carter had a right to effective legal representation, which he claimed he did not receive. He stated that his attorney pressured him into taking the plea and led him to misunderstand his potential punishments, making his plea involuntary. The judge noticed that during the hearing, Carter's attorney did not actively support him, as she seemed to be in a difficult situation where she could not defend him without also admitting her own shortcomings. Since there was a conflict of interest, it was decided that Carter should have a new hearing with a different attorney who would not have conflicting interests. The court agreed to grant Carter's request and sent the case back to the lower court for a proper hearing on his motion to withdraw his plea, ensuring he would have the assistance of a conflict-free attorney.

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RE-2007-850

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In OCCA case No. RE-2007-850, Barbara Denise Sanders appealed her conviction for grand larceny and false declaration of ownership, as well as three counts of bail jumping. In an unpublished decision, the court decided to affirm the revocation of her suspended sentence for the grand larceny charge, but reversed the revocation of her bail jumping sentences, which means those were dismissed. One judge dissented. Barbara Sanders had pleaded guilty to her charges and received several sentences that were mostly suspended, meaning she wouldn't have to serve time if she followed certain rules. However, she did not follow these rules, which included not paying fees, failing to report to her probation officer, and leaving Oklahoma without permission. Because of these issues, the state tried to revoke her suspended sentences. At a hearing, Barbara admitted to the problems but argued the state had not acted quickly enough to bring her back to court for these issues. The judge did not agree with her and decided to revoke her sentences. On appeal, Barbara claimed that the state had not been diligent in prosecuting her case, and she also pointed out mistakes in the court's records. The court agreed that certain parts of her previous sentences had not been revoked properly and decided that the state had acted too late in one of her cases, which resulted in those charges being dismissed. In the end, the court kept the revocation for the grand larceny charge but said the revocation for the bail jumping charges was invalid because the state did not follow the rules in time.

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C-2007-743

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In OCCA case No. F-2007-636, Bryan William Long, Jr. appealed his conviction for Unlawful Possession of Controlled Drug with Intent to Distribute (Methamphetamine). In an unpublished decision, the court decided to vacate the sentence from the District Court in Case No. CF-2004-31 and remand it back for further proceedings, specifically to determine the unserved portion of Long's sentence. Additionally, the court affirmed the judgment and sentence in CF-2006-90, which was for Burglary in the Second Degree. The court clarified that a prior felony conviction enhanced Long's sentence for the burglary conviction. One member of the court dissented.

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F-2007-432

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In OCCA case No. F-2007-432, Keyion Kaseen Terry appealed his conviction for Possession of Controlled Drug in Jail (marijuana). In an unpublished decision, the court decided to reverse and dismiss Terry’s conviction due to jurisdictional issues related to a motion to quash that had been granted by the trial court, which indicated insufficient evidence to proceed with that charge. One member of the court dissented, expressing frustration over the outcome and arguing that the trial court should have retained the ability to reinstate the charge since the original ruling to quash was seen as erroneous.

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J-2008-02

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In OCCA case No. J-2008-02, the appellant appealed her conviction for murder in the first degree. In an unpublished decision, the court decided that the trial court abused its discretion when it denied her motion to be treated as a youthful offender. One judge dissented. The case involved a young person who was trying to be treated differently under the law because of her age. She argued that she should not face adult sentencing for her crime and provided evidence to support her request. The court looked at this evidence and decided that she had established enough reasons to be classified as a youthful offender. The ruling from the lower court had denied her request, but the appeals court reversed that decision. They instructed the lower court to certify her as a youthful offender, meaning she would be treated more like a minor in terms of sentencing. The dissenting judge believed the initial court hearing was thorough and that the reasons to deny youthful offender status were valid and supported by the facts. This judge argued that the decision to overturn the denial did not stand against the well-reasoned basis that was originally provided.

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RE-2007-378

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In OCCA case No. RE-2007-378, Kevin Davis appealed his conviction for revocation of a suspended sentence. In an unpublished decision, the court decided to affirm part of the revocation while reversing another part. One judge dissented. Kevin Davis had previously been sentenced for possession of marijuana and for driving under the influence. These sentences included portions that were suspended, meaning he could avoid serving time if he followed the rules of his probation. However, when Davis was convicted of attempted robbery, the state sought to revoke his suspended sentences. The decision in the case centered around two main issues. First, Davis argued that the court unfairly required him to serve his revoked sentences one after the other, instead of allowing him to serve them at the same time as his new sentence. The court found that the judge had the right to make that decision and did not see it as wrongful. Second, Davis claimed that the court had no power to revoke his earlier marijuana charge since the time to do so had already passed. The court agreed with him on this point and decided that the application to revoke was filed too late. As a result, the court kept the revocation of one sentence in place but instructed the lower court to dismiss the application concerning the other sentence because it was no longer valid.

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RE-2006-1308

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In OCCA case No. RE-2006-1308, an individual appealed their conviction for obtaining merchandise by false pretenses. In an unpublished decision, the court decided that the order revoking the suspended sentence for one case was reversed because the court did not have the right to revoke it after it expired, but the revocation for the other case was affirmed. One judge dissented. Here’s a simpler breakdown of the case: The person involved, let's call her Appellant, got in trouble for pretending to be someone else and committing fraud. In 2001, she was given a three-year punishment, but it was suspended, meaning she didn't have to go to jail right away if she followed certain rules. In 2002, she got into more trouble with three more crimes of taking things without paying. Again, her punishment was suspended, allowing her some time to pay back the money she owed. However, by 2003, the Appellant wasn't paying back the money as she was supposed to, so the authorities filed to take away her suspended sentences. Over several years, Appellant was given multiple chances to fix her mistakes and to pay what she owed, but she continued to have problems and missed important hearings. In December 2006, the decision to take away her suspended sentences was finalized. The Appellant argued that the court should not have the power to do that because the time to punish her had already passed. The court agreed on one point: they couldn't revoke one of her sentences because it had expired. But the other case was still valid because some papers had been filed before that expiration. After going through everything, the court reversed the decision about one of the suspended sentences but agreed that the other sentence could still be revoked since she had not followed the rules. This means she would still face consequences for her actions there. In the end, it showed that if you don’t follow the rules when given a second chance, there can be serious consequences, and sometimes time limits can change what can happen in court.

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S-2006-117

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In OCCA case No. S-2006-117, the husband and wife, Larrie and Theresa Moyers, appealed their case concerning charges related to a scheme to defraud the State. They were originally indicted for multiple counts including conspiracy, bribery, and tax violations. Larrie had previously entered a guilty plea and received a sentence. Later, he sought to modify this sentence, which the court granted by reducing his time in prison and adding conditions like probation and treatment. After this modification, the State brought new charges against both Larrie and Theresa. They argued that these charges were unfair and retaliatory, claiming it was revenge for the sentence modification. The trial court agreed, finding that the new charges were indeed retaliatory and dismissed them, stating that this was against due process rights. The State then appealed this dismissal. The court reviewed whether it could hear the appeal and decided it could, as the dismissal was tied to constitutional issues. Ultimately, they affirmed the lower court's decision, agreeing that the State's action against the Moyers was inappropriate. The decision was published and affirmed the dismissal of all charges against them, maintaining the previous ruling of retaliation based on the lawful actions taken by Larrie Moyers to modify his sentence.

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