Juror Communication Archives

F-2014-336

Post author:Staff
Post published:July 15, 2015
Post category:F

In OCCA case No. F-2014-336, Deandre Bethel appealed his conviction for First Degree Felony Murder, Robbery with a Firearm, Transporting a Loaded Firearm in a Motor Vehicle, and Public Intoxication. In a published decision, the court decided to affirm his convictions for First Degree Felony Murder and the other charges except for Robbery with a Firearm, which was reversed and remanded with instructions to dismiss that charge. One judge dissented. Bethel was convicted by a jury in Tulsa County for crimes related to the death of a victim during a robbery. The jury sentenced him to life in prison for murder, along with additional sentences for the other charges. During the appeal, Bethel raised several issues, arguing that there was not enough evidence for his convictions, that he should not be punished for both murder and robbery based on the same incident, and that he did not receive a fair trial for various reasons, including how the jury was instructed and what evidence was allowed. The court found that the evidence was sufficient to convict him of murder and upheld that conviction. However, they agreed that having separate convictions for robbery and murder from the same act violated his rights under the Double Jeopardy Clause, so they reversed the robbery conviction. Bethel also argued that the trial court made errors in not instructing the jury about lesser offenses and in handling jury questions, but the court found these claims did not warrant a new trial. Other claims, such as the admission of jail phone calls and victim impact statements, were also rejected. In the end, the court affirmed the convictions for murder and the other charges, but dismissed the robbery charge, allowing Bethel to focus his appeal on the correct aspects of his case.

F-2007-438

Post author:Staff
Post published:August 22, 2008
Post category:F

In OCCA case No. F-2007-438, Gregory Lynn Bryant appealed his conviction for Lewd Molestation. In an unpublished decision, the court decided to affirm his conviction and sentence of six years imprisonment, while vacating the $2500 fine. One judge dissented. Bryant was found guilty of lewd molestation after a jury trial. He had previously faced charges of first-degree rape but was acquitted of that charge. The jury recommended Bryant receive a six-year prison sentence and a fine. Bryant then appealed the decision, listing several reasons for his appeal. He claimed that there were errors that affected his trial. First, he argued the prosecution suggested he had a history of similar misconduct, which he believed was unfair because there was no evidence to support that. Next, he argued that an expert witness's testimony was improperly allowed, which affected the truthfulness of a key witness for the state. Bryant also argued that he should receive credit for time he spent in county jail while waiting for his trial. He further believed that the jury was wrongly instructed about the fine they imposed and that the trial court did not follow proper procedures when jurors had questions. Lastly, he claimed that the trial judge was wrong to stop an expert from testifying about psychological tests he performed on him. After reviewing all the evidence, the court found no errors that would lead to overturning the conviction. The court decided the prosecution did not improperly suggest past crimes. They also stated the expert witness did not comment on the victim's truthfulness and that Bryant was not entitled to credit for time served. Regarding the fine, the court ruled the previous instructions to the jury were incorrect, which led to the fine being vacated. Furthermore, they noted that the rules for communication with jurors were not followed, but this did not harm Bryant's case. Lastly, they concluded that the expert testimony he wanted to present was not relevant to his guilt or innocence. Overall, the court upheld the conviction and confirmed the six-year prison sentence, while directing the trial court to reassess his jail fees.

F-2004-427

Post author:Staff
Post published:January 26, 2007
Post category:F

In OCCA case No. F-2004-427, Emily Michelle Dowdy appealed her conviction for First-Degree Manslaughter. In an unpublished decision, the court decided to affirm her conviction but modified her sentence to twenty-five years imprisonment. One judge dissented from the decision to modify the sentence. Emily was charged after a fatal car accident that resulted in the death of another driver, Ryan Brewer. Emily's blood test later showed a high blood alcohol concentration, indicating she was driving under the influence. In her defense, she claimed she was involuntarily intoxicated, suggesting that she may have been given a drug without her knowledge, such as GHB or rohypnol, often associated with date-rape cases. Emily argued that she could not remember what happened after she took a friend to her car at a bar. The trial included a significant amount of expert testimony regarding the effects of GHB, but the state argued that Emily was likely just drunk from alcohol. Various witnesses testified about her drinking at the bar that night and her generally good driving record. On appeal, Emily raised several arguments regarding the fairness of her trial, alleging ineffective assistance of her counsel, improper admission of certain evidence regarding her character, and comments made by the prosecutor. The court reviewed testimony regarding whether Emily had been properly advised about her rights during police questioning and whether any misconduct had affected the jurors' views. After thorough review, the court concluded that the trial was fair overall, although it noted that one witness's hearsay testimony, which was not properly admissible, could have potentially influenced the jury's view of Emily. Ultimately, this led to a modification of her sentence, although the conviction itself remained intact. The dissenting judge felt that the original forty-year sentence was appropriate and did not believe that the limited hearsay testimony had a significant impact on the final outcome.