Juror Bias

F-2018-852

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This document is a summary opinion from the Court of Criminal Appeals of the State of Oklahoma regarding the case of Donald Ray Morrow. The key points of the opinion are as follows: 1. **Case Background**: Donald Ray Morrow was convicted by a jury of first-degree burglary, second-degree burglary, and larceny of an automobile in Custer County. He received a concurrent sentencing of fifteen years for the first-degree burglary, four years for the second-degree burglary, and six years for larceny. 2. **Propositions of Error**: Morrow raised two main arguments on appeal: - **Proposition One**: He claimed the trial court erred by allowing a juror who had a social acquaintance with a prosecution witness to remain on the panel. Upon examination, the juror stated that she could set aside any prior knowledge and decide based solely on the evidence presented. The court found no actual bias or harm and denied the request for a mistrial. - **Proposition Two**: Morrow argued that his sentence did not properly reflect credit for time served. The court agreed that an order was necessary to ensure that the credit for time served is accurately recorded in the judgment. 3. **Decision**: The Court of Criminal Appeals affirmed Morrow's convictions but remanded the case to the trial court with instructions to correct the judgment to reflect that he is to receive credit for time served. 4. **Outcome**: The mandate was ordered to be issued upon the filing of the decision, and all participating judges concurred with the opinion. For those interested in the full legal document, a link to download the complete opinion in PDF format is provided.

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F-2016-843

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**IN THE COURT OF CRIMINAL APPEALS OF THE STATE OF OKLAHOMA** **DAVID RUBLE, II,** **Appellant,** **VS.** **THE STATE OF OKLAHOMA,** **Appellee.** **No. F-2016-843** **FILED DEC 14 2017** **SUMMARY OPINION** *KUEHN, JUDGE:* David Ruble II was tried by jury and convicted of Count I, Felony Murder with the predicate Attempted Robbery by Firearm in violation of 21 O.S.2011, § 701.7; and Count III, Conspiracy to Commit Robbery with a Firearm in violation of 21 O.S.2011, § 421, in the District Court of Tulsa County, Case No. CF-2014-2691. Following the jury's recommendation, the Honorable William D. LaFortune sentenced Ruble to life imprisonment (Count I) and ten (10) years imprisonment (Count III), to run consecutively. Ruble appeals from these convictions and sentences. Ruble raises five propositions of error in support of his appeal: I. The trial court's erroneous rulings on challenges for cause deprived Appellant of his full complement of peremptory challenges to use at his discretion and prevented his ability to remove objectionable jurors. II. The cumulative effect of prosecutorial misconduct constituted plain error and deprived Appellant of a fair trial. III. The trial judge erred in not instructing the jury on lesser offenses. IV. Mr. Ruble was deprived of the effective assistance of counsel. V. The accumulation of errors deprived Mr. Ruble of a fair trial and the due process of law secured to him. **DECISION:** After thorough consideration of the entire record, we deny Ruble's propositions of error. 1. **Proposition I:** The trial court did not abuse its discretion in denying Ruble's challenges for cause. The record does not support that the jurors were biased, nor was there a showing that trial counsel properly preserved this issue. 2. **Proposition II:** Ruble's claims of prosecutorial misconduct were not substantiated. Many of his complaints were unobjected to and reviewed for plain error, which was not found. 3. **Proposition III:** There was no error in failing to instruct the jury on lesser included offenses, as Ruble's defense was that he was not involved in the crime. 4. **Proposition IV:** Trial counsel's performance was not deficient. Ruble did not demonstrate that he was prejudiced by counsel's actions. 5. **Proposition V:** With no fundamental error established, the claim of cumulative error fails. The Judgment and Sentence of the District Court of Tulsa County is AFFIRMED. **MANDATE:** Ordered issued upon the delivery and filing of this decision. **ATTORNEYS AT TRIAL:** Michael Manning 624 South Denver, Ste. 201 Tulsa, OK 74119 **ATTORNEYS ON APPEAL:** Rhiannon Sisk Homicide Direct Appeals Div. Oklahoma Indigent Defense System P.O. Box 926 Norman, OK 73070 **COUNSEL FOR THE STATE:** Becky Johnson Mike Hunter Benjamin Fu 500 S. Denver, Ste. 900 Tulsa, OK 74103 **OPINION BY:** KUEHN, J.; LUMPKIN, P.J., CONCUR IN RESULTS; LEWIS, V.P.J., CONCUR; HUDSON, J., CONCUR; ROWLAND, J., CONCUR. **[Download PDF](https://opinions.wirthlawoffice.com/wp-content/uploads/F-2016-843_1734264868.pdf)**

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F-2011-480

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In OCCA case No. F-2011-480, Huyen Ai Thi Tran appealed his conviction for perjury. In a published decision, the court decided to remand the case for correcting the fine but otherwise affirmed the conviction. One judge dissented. Ms. Tran was found guilty of perjury by a jury and was sentenced to ten years in prison, with three years to be served. Ms. Tran raised several issues in her appeal. She claimed that evidence from other crimes unfairly influenced the jury, which made her trial unfair. She argued that the trial court mentioned she was in custody for an unrelated matter and that her co-defendant talked about other crimes during the trial. However, the court found these issues did not have significant impact. She also argued that the prosecutor asked questions that brought up evidence about other crimes without proper warning, but the court decided these errors didn’t affect the outcome. Ms. Tran argued that her right to remain silent was violated when the jury heard that she had refused to answer questions in a previous case. The court noted that the trial judge intervened and instructed the jury to ignore that testimony. Another point Ms. Tran made was about her lawyer's failure to challenge a juror who was a police officer. Ms. Tran’s lawyer did not pursue this challenge, but the court found that it was not a serious issue since the juror was not working in law enforcement at the time of the trial. Ms. Tran then pointed out that the fine noted in the final judgment was different from what the court initially stated during sentencing. The court agreed to correct this mistake. Lastly, Ms. Tran suggested that all these issues combined created a harmful effect on her case. However, the court concluded that any significant errors were not enough to change the trial’s outcome due to strong evidence against her. The final decision required the correction of the fine in the records, but the conviction for perjury was largely upheld.

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F-2009-998

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In OCCA case No. F-2009-998, Frye appealed his conviction for Sexual Abuse of a Child, Procurement of Child for Pornography, and Possession of Child Pornography. In an unpublished decision, the court decided to affirm Frye's convictions and sentences but ordered the removal of a $1,000 fine that was imposed without jury authorization. One judge dissented regarding the trial court's handling of voir dire questioning.

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F-2006-1208

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In OCCA case No. F-2006-1208, Kendall Dewayne Carr appealed his conviction for Rape in the First Degree, After Former Conviction of Two or More Felonies. In a published decision, the court decided to reverse the judgment and remand the case for a new trial. One judge dissented. The case involved Carr being convicted by a jury and sentenced to life imprisonment. The main issue during his appeal was that Carr was not given a fair trial because he could not remove a juror who showed bias towards police officers. This juror openly stated he would believe police testimonies more than other witness statements, which raised concerns about his ability to be fair. The court agreed that this bias should have led to the juror's removal. They noted that when any doubts exist about a juror's fairness, they should favor the accused. Since this bias was significant, the court ruled that Carr did not receive proper justice and ordered a new trial. They decided not to consider other issues raised in the appeal since the need for a new trial was clear. In summary, the court found that an unfair juror could have influenced the case against Carr, leading to their decision to reverse the conviction and mandate a new trial.

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F-2006-113

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In OCCA case No. F-06-113, Brown appealed his conviction for drug trafficking and other charges. In a published decision, the court decided to affirm the convictions related to drug trafficking and possession with intent to distribute but reversed the conviction for possession of MDMA with intent to distribute, ordering it dismissed. One judge dissented regarding the dismissal of the MDMA possession charge. Brown was on trial for three main charges: trafficking in illegal drugs (crack cocaine), possession of MDMA with intent to distribute, and eluding a police officer. He was sentenced to life in prison without parole for trafficking, along with fines for the other charges. The case started when Brown led police on a car chase. During the chase, he threw out a bag that was later found to contain crack cocaine and MDMA pills. Brown argued that the trial court made mistakes, including not allowing him a continuance to prepare for trial after he decided to represent himself. The court noted that Brown had a long time to prepare since the case had been ongoing for two years and had already received several continuances. When he asked for a delay on the morning of the trial, it was denied since Brown had indicated he wanted to proceed. He also argued that he should have been given a lesser charge of possession with intent to distribute instead of trafficking. However, since he had over 16 grams of crack cocaine, which met the requirements for trafficking, the court did not agree with this. In another point, Brown claimed that having charges related to two different drugs was unfair and violated laws against double punishment for the same act. The court agreed that both drugs were in one bag and thus counted as a single act, leading them to reverse the MDMA conviction. Brown complained about the removal of a juror who was an intern for the public defender's office, claiming it was unjust. The court found that the trial judge acted properly to ensure an unbiased jury since the intern had worked with Brown's attorney. Lastly, Brown argued that his life sentence was harsh and that he was not allowed to present evidence in his favor during sentencing. However, the court pointed out that presenting such evidence is not a right in non-capital cases. Overall, the court upheld most of the trial's decisions while acknowledging a legal distinction that warranted the dismissal of the MDMA charge. One judge disagreed, feeling the convictions were justified and should stand.

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