Jury Instruction

F-2012-633

  • Post author:
  • Post category:F

In OCCA case No. F-2012-633, Dre Edward Barham appealed his conviction for Lewd Molestation (Count 2) and Forcible Sodomy (Count 3). In an unpublished decision, the court decided to reverse Barham's conviction for Lewd Molestation, dismissing that charge, but affirmed the conviction for Forcible Sodomy and modified the sentence. One judge dissented. Barham was found guilty by a jury in Nowata County of committing two serious crimes. The jury gave him five years in prison and a fine for Lewd Molestation and twelve years in prison and a fine for Forcible Sodomy. The judge made these sentences consecutive, meaning he must serve them one after the other. Barham appealed, raising several concerns. He first argued that being convicted of both crimes was unfair and against the rules. He said it was like being punished twice for the same thing, which the law does not allow. The court agreed with him on this point and decided to cancel the Lewd Molestation conviction. Next, Barham mentioned that there was not enough proof to say he was guilty of Lewd Molestation, but because that charge was overturned, this argument was no longer needed. He also claimed that evidence from other incidents was unfairly allowed during his trial, but the court found that it was relevant and did not harm his chance for a fair trial. Barham argued that the jury was misled about the penalties they could provide, especially regarding fines, which the court confirmed. They invalidated the fine connected to the Forcible Sodomy conviction because the law did not require it. Barham also believed the prosecutor acted wrongly during the trial, however, the court concluded that he received a fair trial overall and that the prosecutor did not misuse their position. Finally, while Barham's sentence for Forcible Sodomy was modified due to the earlier points discussed, the court stated that the twelve-year sentence was not excessive or shocking. The claims of many errors leading to an unfair trial were mostly found to be untrue, except for the overlapping charges. To summarize, the court confirmed the Forcible Sodomy conviction but reversed the charge of Lewd Molestation, stating that it was not right to convict him of both. Barham's time in prison will be adjusted based on this decision, and the fines linked to those charges will not apply to the overturned conviction.

Continue ReadingF-2012-633

F-2013-11

  • Post author:
  • Post category:F

In OCCA case No. F-2013-11, James Earl Darton appealed his conviction for first degree murder, possession of a firearm after a felony conviction, and domestic assault and battery. In a published decision, the court decided to affirm Darton's convictions and sentences while modifying the sentence for the domestic assault and battery charge. One judge dissented. Darton was found guilty of killing Kimberly Ragland, who was found shot in her car. Prior to her death, Ragland had a tumultuous relationship with Darton, which included a previous altercation that led her to seek a protective order against him. This protective order prohibited Darton from being near her, which he violated on the night of the murder. On that night, after a fight where Darton hit Ragland and used a stun gun on her, she was later taken away by Darton, where her murder occurred. Darton was arrested and claimed he had left with a different person. The jury found him guilty based on evidence presented during the trial, including his motive for killing Ragland due to financial loss from the protective order. In his appeal, Darton raised several issues. First, he argued that the sentence for domestic assault was improperly increased based on a law that was not applicable at the time of his offense. The court agreed that this was indeed an error and reduced his sentence for that charge. He also claimed evidence of his drug dealing should not have been allowed during the trial. However, the court found that this evidence was relevant to show Darton’s motive to murder Ragland since her protective order affected his ability to sell drugs. Lastly, Darton asserted that he did not have competent legal representation during his trial. The court reviewed his claims about his lawyer’s performance and ultimately decided that his attorney’s actions were part of a reasonable strategy and did not significantly harm Darton's case. Overall, the court affirmed most of the lower court's judgments but corrected the sentence related to the domestic assault charge.

Continue ReadingF-2013-11

F-2012-1039

  • Post author:
  • Post category:F

In OCCA case No. F-2012-1039, Earnest Toby Bearshead appealed his conviction for Robbery with a Firearm and False Personation. In a published decision, the court decided to affirm his conviction for Robbery with a Firearm but reversed his conviction for False Personation. One judge dissented. Bearshead was found guilty of two crimes: Robbery with a Firearm and False Personation. The jury decided he should go to prison for nine years for the robbery and five years for the false personation. The sentences would be served one after the other. Bearshead did not argue against the robbery conviction but did challenge the false personation conviction based on three main issues. First, Bearshead claimed that there wasn't enough evidence to prove he committed false personation. The law says that to be guilty of false personation, a person has to pretend to be someone else and do something that could cause that person to face legal issues or gain some benefit. Bearshead argued that since a video of him talking to the police was not officially accepted as evidence, he could not be said to have assumed another person's identity. Despite this claim, the court found that Bearshead had indeed provided evidence of using a false name when talking to the police. A detective testified that Bearshead initially said his name was “Oscar” and later corrected it to “Toby.” The detective had noted this on a form, showing that Bearshead tried to lie about his identity. The second point Bearshead raised was that even if he did use a false name, he did not do anything to get someone else in trouble, as there were no legal issues connected to the name Oscar Bearshead. The State argued he would have benefitted in some way, such as avoiding responsibility for the robbery. However, there was no evidence that showed Bearshead actually gained anything from pretending to be Oscar. He still faced the charges and was found guilty of the robbery. The court pointed out that Bearshead's jury was not instructed about the possibility of benefiting from using a false name, which was necessary for proving false personation in this case. Without clear evidence that he gained any benefits from the impersonation, the court decided the State did not meet the burden of proving all parts of the crime. As a result, the court reversed Bearshead's conviction for False Personation and ordered it to be dismissed. However, his conviction for Robbery with a Firearm stood, and he would still serve the sentence related to that crime. The decision led to one judge expressing a different opinion from the others.

Continue ReadingF-2012-1039

F-2012-478

  • Post author:
  • Post category:F

In OCCA case No. F-2012-478, Michael Ray Baack appealed his conviction for Unlawful Possession of a Controlled Dangerous Substance and Public Intoxication. In an unpublished decision, the court decided to affirm the judgment and sentence of the District Court while remanding the case to correct the judgment regarding the fine on Count 1. One member of the court dissented. Michael Ray Baack was found guilty by a jury in Canadian County for having controlled substances and for being publicly intoxicated. The jury decided that he should serve eight years in prison and pay a $2,000 fine for the drug charge, along with thirty days in jail for public intoxication. The judge ordered both sentences to be served one after the other but waived the fine on the drug charge. Baack raised several questions on appeal. He argued about the evidence being enough to convict him of the drug charge, how other crimes were presented during the trial, the lack of instructions on a lesser drug offense, the fine, and whether his sentence was too harsh. 1. The court found that the evidence showed Baack had knowingly possessed drugs. The jury had enough proof to make a logical decision based on the facts presented. 2. About the other crimes evidence, the court mentioned that Baack had introduced his prior record himself, so he could not complain about that during the appeal since it was his choice to bring it up. 3. Baack's request for a lower charge on drug paraphernalia was not granted because he claimed he was innocent. The court said that when someone claims they did not do something, they cannot ask for lesser charges. 4. The fine for the drug charge was waived, and both Baack and the state agreed that the case should go back to the lower court to correct the documents to show there was no fine. 5. The claim that Baack was hurt by showing his previous felony conviction was denied because it did not affect the outcome of the case. The court stated that the sentences were appropriate and followed the law. In conclusion, the court upheld the findings of the lower court and noted there was no need for a new trial or changes to the verdicts, except for correcting the issue with the fine.

Continue ReadingF-2012-478

F-2012-916

  • Post author:
  • Post category:F

In OCCA case No. F-2012-916, Andrew Lee Harris appealed his conviction for Possession of a Controlled Substance (Cocaine) after being found guilty by a jury in the District Court of McCurtain County. In an unpublished decision, the court decided to modify his sentence from thirty years to twenty years in prison. One judge dissented. Andrew Lee Harris was found guilty on charges for having cocaine. His punishment was set at thirty years, but he did not agree with the decision and decided to appeal. During the appeal, he argued that: 1. The jury wasn't given the right instructions about possession of paraphernalia, which he thought was unfair. 2. The prosecutor gave improper evidence and made comments that affected the fairness of his sentencing. 3. The trial court did not follow required procedures in his case. The court analyzed these claims carefully. In the first point, they decided that the jury did not need to be told about possession of paraphernalia because it was not a lesser included offense of cocaine possession. This means it was a separate crime, and the judge was right not to give those instructions. In his second point, the court looked at the information that was presented during the trial. They said there were some mistakes with what was allowed as evidence. A former probation officer talked about Harris's past, which shouldn't have been mentioned because it could make the jury think about parole and probation unfairly when deciding his sentence. The court found that this could have influenced the jury, especially since they asked questions about how long Harris would be on parole. Therefore, they decided that because of this, it was necessary to reduce his sentence to twenty years. As for the third point, the court felt that the way the trial judge handled certain procedures was not a problem anymore because they had already decided to change Harris's sentence based on the earlier mistake. In the end, the court agreed with Harris’s reasoning about how he should have been sentenced, leading them to change his punishment. They affirmed his conviction but modified the sentence to twenty years in prison.

Continue ReadingF-2012-916

F-2011-473

  • Post author:
  • Post category:F

In OCCA case No. F-2011-473, Joseph Randal Arndt appealed his conviction for Robbery with a Firearm. In a published decision, the court decided that Arndt's right to cross-examine his co-defendant was denied, which required a reversal of his conviction and a new trial. One judge dissented. The case involved Arndt, his co-defendant, and another man who planned to buy marijuana from a person named Ouni. Instead of a legal transaction, things turned violent when Arndt's accomplice pulled a gun and shot Ouni when he thought he was cheated. Arndt was in the car during this event and was accused of participating in the robbery. During the trial, Arndt argued that he should have been allowed to question his co-defendant about important details that could affect his case. These details included accusations that Arndt had a shotgun and was told to push Ouni out of the vehicle. Arndt's lawyer objected when this information was presented during the trial, but the judge denied the request to cross-examine the co-defendant. Arndt maintained that both he and the co-defendant claimed to have no knowledge of any robbery plan. When the co-defendant testified against Arndt, the court should have allowed Arndt to cross-examine him. The court found that the judge's failure to do so was a serious error that harmed Arndt's rights. In conclusion, the decision emphasized that when someone testifies against you in court, you have the right to question them. Since Arndt was not given this opportunity, the court decided that he deserves a new trial where he can fully defend himself.

Continue ReadingF-2011-473

S-2011-543

  • Post author:
  • Post category:S

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.

Continue ReadingS-2011-543

F-2009-1110

  • Post author:
  • Post category:F

In OCCA case No. F-2009-1110, Twilia Renae Wise appealed her conviction for First Degree Felony Murder. In an unpublished decision, the court decided to reverse her Judgment and Sentence and remand the case for a new trial based on the claim of ineffective assistance of counsel. One judge dissented, believing that the case should not be remanded for a new trial without further review.

Continue ReadingF-2009-1110

F-2009-399

  • Post author:
  • Post category:F

In OCCA case No. F-2009-399, Jeffery Robert Johnson appealed his conviction for Assault and Battery with a Deadly Weapon. In a published decision, the court decided to reverse Johnson's conviction and order a new trial. One judge dissented. Johnson was convicted of stabbing his roommate, Maurice Sartor, after a dispute over money. Johnson claimed he was acting to defend his girlfriend, Malinda Brookey, who was being threatened by Sartor. During the trial, there was a disagreement over how the events happened, especially regarding whether Sartor was the aggressor. The key issue in Johnson's appeal was about a mistake in the jury instructions. The trial court gave the jury a modified instruction about the defense of property that led to confusion. This instruction suggested that Sartor had the right to use force to get his property back, which Johnson argued was not true since he believed he was defending his girlfriend from Sartor's aggression. Johnson's lawyer objected to the instruction at the time of the trial, which meant they could raise this issue in the appeal. The higher court found that this error in the jury instructions was significant enough that it likely affected the fairness of the trial. Because of this, they reversed Johnson's conviction and ordered a new trial while not addressing Johnson's other claims or his request for a new trial based on new evidence. This decision means Johnson will get another chance to present his case in front of a new jury, with the hope that the instructions will be clearer and fairer this time. The dissenting judge disagreed with the majority's decision, believing the original instructions were appropriate and did not compromise Johnson's defense.

Continue ReadingF-2009-399

F-2009-563

  • Post author:
  • Post category:F

In OCCA case No. F-2009-563, Hall appealed his conviction for trafficking in illegal drugs. In an unpublished decision, the court decided to affirm his conviction and sentence but modified the amount of his fine. One judge dissented. Hall was found guilty by a jury and sentenced to thirty years in prison and a $25,000 fine. He raised three main points in his appeal. First, he argued that the trial court made a mistake when trying to explain reasonable doubt to the jury. The court found no error here since the trial did not misdefine the term. Second, Hall felt that the jury was given the wrong information about the possible punishment range. However, the court confirmed the instructions were correct but agreed that the fine was set improperly. They ended up reducing Hall's fine to $10,000 because the jury had been given the wrong information about the fine amounts. Lastly, Hall's appeal included a claim that he should have been allowed to argue for a lesser charge related to drug possession, but the court ruled there wasn't enough evidence for this. In summary, the court upheld Hall's conviction and prison sentence, but they lowered the fine he had to pay.

Continue ReadingF-2009-563

F-2008-433

  • Post author:
  • Post category:F

In OCCA case No. F-2008-433, #x appealed his conviction for First Degree Child Abuse Murder. In a published decision, the court decided to affirm the conviction but modify the sentence to life imprisonment with the possibility of parole after thirty years. #n dissented. Vicki Leigh Chiles was the owner of a day care and was taking care of several children, including a two-year-old boy named Joshua Minton. One day, Joshua didn't want to take his afternoon nap and was being noisy. To handle this, Chiles put him in a separate bedroom by himself and covered his mouth and hands with masking tape. Tragically, while he was alone, Joshua vomited and suffocated. When officials arrived at the day care for a surprise inspection, they found Chiles trying to give Joshua CPR. Unfortunately, he was not breathing, and emergency responders could not save him. The medical examiner determined that Joshua died due to lack of oxygen caused by the masking tape blocking his mouth after he vomited. During the trial, Chiles wanted the jury to be told that her actions could be considered an accident and asked for instructions about discipline. However, the court denied these requests. The court determined that it was clear her actions were not done with usual caution, which meant they couldn't qualify as an accident under the law. Chiles also argued that the jury should have been allowed to consider a lesser charge of second-degree murder. However, the court explained that because Joshua was a child and Chiles’ actions were considered unreasonable force, this charge was not available. Additionally, Chiles felt it was a mistake that the jury wasn't properly informed about what life without parole meant. The jury had confusion about the sentencing options available to them regarding her punishment. Due to this confusion, the court decided to change her sentence to allow for the possibility of parole after thirty years, instead of life without parole. In conclusion, while Chiles' conviction was upheld, her punishment was modified to allow for the possibility of parole, recognizing the jury's confusion about the sentencing terms.

Continue ReadingF-2008-433

F-2009-530

  • Post author:
  • Post category:F

In OCCA case No. F-2009-530, Jacinda Simone Osborne appealed her conviction for First Degree Robbery. In an unpublished decision, the court decided to modify her conviction to Second Degree Robbery. No one dissented. Osborne was found guilty of robbing someone in Tulsa County. The jury said she should serve fifteen years in prison and pay a $5000 fine. She felt that the trial did not go well for her. She raised three main points that she thought were errors. First, she believed the court should have explained to the jury what serious bodily injury meant. Second, she thought the jury should have been given the option to consider a lesser crime, Second Degree Robbery. Third, she claimed there wasn't enough evidence to support the serious charge of First Degree Robbery. The court reviewed everything carefully. They looked at the facts of the case and the laws. They agreed with Osborne on her third point. Even though the victim was hurt during the robbery, the proof did not show that the robbery met the higher standard needed for First Degree Robbery. There were no serious injuries or threats that would elevate the crime from Second to First Degree. So, the court changed her conviction to Second Degree Robbery, which is a lesser charge. The court said her original sentence would stay the same. This means that while the serious charge was changed, she would still serve fifteen years in prison and pay the fine. Since they found merit in her third point, they did not need to decide on the first two points she raised. The conclusion was that Osborne's conviction was modified, but the punishment was upheld.

Continue ReadingF-2009-530

F-2009-47

  • Post author:
  • Post category:F

In OCCA case No. F-2009-47, Kenneth Simmons appealed his conviction for Manslaughter in the First Degree. In an unpublished decision, the court decided to vacate the sentence and remand for re-sentencing. One judge dissented. Mark Kenneth Simmons was found guilty of Manslaughter after his trial for Murder in the First Degree. The jury gave him a fifteen-year prison sentence. He appealed, saying the trial court made an error by not informing the jury that he had to serve at least 85% of his sentence before being eligible for parole. The law in Oklahoma states that people convicted of specific crimes, like First Degree Murder or Manslaughter in the First Degree, must serve at least 85% of their sentence before they can be considered for parole. In a previous case, the court decided that jurors should know about these rules when they are deciding on a sentence. During the trial, when the jury asked if they needed to consider the 85% rule, the court told them to continue deliberating without giving any additional information. This was seen as a mistake. The State argued that this mistake did not affect the outcome significantly, but the court disagreed and said it was clear this lack of instruction was a big error. Because of this error, the court couldn’t be confident that the jury fully understood the implications of the sentence they handed down. The court decided that a new sentence should be determined, either by a properly instructed jury or by the District Court if the jury was waived by Simmons. The court affirmed the judgment but vacated the sentence, meaning they believed he should be tried again for sentencing.

Continue ReadingF-2009-47

F-2007-1133

  • Post author:
  • Post category:F

In OCCA case No. F-2007-1133, Jona Ann Montgomery appealed her conviction for Second Degree Murder and Leaving the Scene of a Fatality Accident. In an unpublished decision, the court decided to reverse the conviction for Second Degree Murder and affirmed the conviction for Leaving the Scene of a Fatality Accident. One judge dissented. Jona Ann Montgomery was tried in Pittsburg County for her involvement in a tragic incident where she hit two children with her car while speeding near a crowded football game. The younger child, a ten-year-old girl, unfortunately died, while her brother survived. After the accident, Montgomery left the scene but left behind her belongings in the car. The main issue in Montgomery's appeal was the trial court's refusal to instruct the jury on the possibility of a lesser charge known as Misdemeanor Manslaughter. Initially, the law at the time of Montgomery's trial did not permit this instruction, and her attorney argued against it. However, shortly after the trial, a higher court changed its stance on this law, ruling that driving while impaired could indeed be used for a Misdemeanor Manslaughter charge. Montgomery argued that she should receive a new trial based on this new rule. The court reviewed the situation and agreed that the trial court had made a mistake by not allowing the jury to consider this lesser charge. They believed that a fair jury could have potentially found Montgomery guilty of Misdemeanor Manslaughter instead of Second Degree Murder, given the circumstances of the case. Montgomery also raised concerns about other evidence that was presented during her trial. This included items found in her vehicle that were linked to drug use and remarks made during the trial suggesting she showed no remorse for her actions. The court found that much of this evidence was not necessary and could unfairly bias the jury against Montgomery. The decision ultimately led to the reversal of her conviction for Second Degree Murder because of the instructional error on Misdemeanor Manslaughter, while they upheld the conviction for Leaving the Scene of a Fatality Accident. The judges aimed to ensure that future trials would avoid the errors found in Montgomery's case.

Continue ReadingF-2007-1133

F-2008-97

  • Post author:
  • Post category:F

In OCCA case No. F-2008-97, the appellant appealed her conviction for child neglect. In an unpublished decision, the court decided to reverse her conviction. One judge dissented. The appellant, Kristie K. Thompson, was found guilty by a jury for not providing proper medical care for her child’s rash. The case was heard in the Stephens County District Court, where she was sentenced to six months in jail. She appealed the conviction for several reasons, including claims that the instructions given to the jury were incorrect and that she should have been given a chance for a lesser charge. After carefully reviewing the evidence and the arguments, the court found that there was not enough proof to show that she willfully neglected the medical needs of her child. They concluded that no reasonable person could have decided she was guilty based on the evidence. Therefore, they reversed her conviction and instructed the lower court to dismiss the case. Since they found a major error related to the evidence, the court decided not to address the other claims made by the appellant. The court issued their decision based on the principle that everyone deserves a fair trial and that guilt must be proven beyond a reasonable doubt.

Continue ReadingF-2008-97

F-2007-909

  • Post author:
  • Post category:F

In OCCA case No. F-2007-909, Val Wilkerson appealed his conviction for Rape by Instrumentation. In an unpublished decision, the court decided to affirm the judgment but modified his sentence from thirty years to fifteen years imprisonment. One judge dissented. Val Wilkerson was found guilty by a jury in Haskell County for a serious crime. The jury decided on a punishment of thirty years in prison. After the trial, Wilkerson felt that things went wrong and he raised several points to appeal. First, he argued that the State used too much unfair evidence from other incidents that made him look bad. He thought this made the trial unfair. Second, he believed it was wrong for the prosecutors and police to mention that he had stayed quiet when asked questions. Third, he said the court did not give the jury the correct instructions. Lastly, he claimed that all these mistakes together made his trial unfair. The Court looked over everything carefully and agreed that the way other crimes were presented was a problem. They found that even though some earlier actions of Wilkerson were similar to what he was accused of, the older incidents happened a long time ago and should not have been brought up so much in his trial. The Court determined that while some bad evidence was allowed, the main evidence against Wilkerson was enough for the jury to find him guilty. However, the additional bad evidence likely influenced the length of the sentence because the prosecutor asked the jury to consider these past actions when deciding on punishment. Since the Court believed that the jury was distracted by this unfair evidence while deciding on the punishment, they changed the sentence to fifteen years instead of thirty. They also concluded that other issues raised by Wilkerson either did not affect the trial’s fairness or were fixed by the trial court’s instructions. In summary, the court upheld the conviction but agreed that the punishment was too harsh and lowered it. One judge disagreed and believed the case should be tried again.

Continue ReadingF-2007-909

F-2007-987

  • Post author:
  • Post category:F

In OCCA case No. F-2007-987, Tony Brown appealed his conviction for Second Degree Burglary and Attempted Larceny of a Motor Vehicle. In an unpublished decision, the court decided to reverse his convictions and remand for a new trial. One judge dissented. Tony Brown was found guilty of breaking into a building and trying to steal a car. He was given a total sentence of 17 years in prison along with a $1,000 fine. Brown believed that he was not given a fair trial for several reasons. He said that the jury should have been told about a simpler crime related to the burglary and that there wasn’t enough evidence to support the charge of attempted car theft. Brown also argued that a witness shouldn’t have been allowed to testify because it hurt his case. Additionally, he claimed that his lawyer didn’t do a good job defending him and that the prosecutor did things that were unfair. After looking at everything, the court found that Brown should have been given information about the simpler crime of unlawful entry, and that the jury should have considered that first. They also felt that the testimony from a detective saying Brown was lying was too much and unfairly harmed his chance to have a fair trial. Because of these issues, the court decided to reverse Brown’s convictions and send the case back for a new trial, where he could have a chance to present his defense properly.

Continue ReadingF-2007-987

F-2007-438

  • Post author:
  • 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.

Continue ReadingF-2007-438

F-2007-381

  • Post author:
  • Post category:F

In OCCA case No. F-2007-381, the appellant appealed his conviction for child sexual abuse, lewd or indecent proposals, and forcible oral sodomy. In an unpublished decision, the court decided to reverse and remand count two while affirming the remaining counts. One judge dissented. Brandon Donell Harris was found guilty of the three offenses in the District Court of Oklahoma County and was given a total of 21 years in prison to serve consecutively. He argued that the state did not provide enough evidence to prove he committed the sexual abuse of a child, that he was wrongfully convicted of lewd acts, that there were issues with the prosecutors' conduct, and that improper comments were made by the trial court during jury selection. The court looked at the evidence and felt that enough was presented to support the sexual abuse conviction, so they upheld that verdict. However, they found that the second count concerning lewd acts required that the child witness the acts, which did not happen in this case. Therefore, they reversed that conviction and instructed for it to be dismissed, while keeping the other convictions intact. For the claims of prosecutorial misconduct and improper trial comments, the court noted that there were no objections made during the trial, so they reviewed these for plain error. They determined that the prosecutor's comments did not significantly impact Harris's right to a fair trial, nor did the trial court's remarks affect the jury's decision. In conclusion, the court reversed the conviction for the lewd acts while affirming the other two convictions and decided that Harris should not be retried on the lewd acts charge. One judge disagreed with the decision to reverse count two, believing the evidence was sufficient to support all charges.

Continue ReadingF-2007-381

F-2006-1339

  • Post author:
  • Post category:F

In OCCA case No. F-2006-1339, Robert Larue Jones appealed his conviction for robbery with a dangerous weapon after being previously convicted of two or more felonies. In an unpublished decision, the court decided that Jones's conviction should be reversed and that a retrial should take place with proper instructions. One judge dissented from this decision. Jones was found guilty by a jury and was sentenced to fifty years in prison. He raised several issues on appeal, including whether the evidence was enough to support his conviction, if the jury was properly instructed on his alibi defense, and if his sentence was too harsh. The court determined that the trial court made an error by refusing to allow Jones to offer an alibi defense. It was concluded that he should have been given an instruction regarding this defense because he presented enough evidence to support it. The court noted that the law states a defense should be given when there is sufficient evidence for the jury to consider. Due to the lack of an alibi instruction during the trial, the court found that this mistake was significant enough to require a new trial, where Jones could properly present his defense. The court reversed the previous judgment and ordered a new trial with the right legal instructions provided to the jury. The dissenting opinion argued that the trial court was correct in its decision and that any error in not giving the alibi instruction was not harmful to the overall case.

Continue ReadingF-2006-1339

F-2006-469

  • Post author:
  • Post category:F

In OCCA case No. F-2006-469, Ricky Dale Hester appealed his conviction for First Degree Murder, First Degree Arson, Conspiracy, Robbery with a Dangerous Weapon, and Kidnapping. In a published decision, the court affirmed his convictions on Counts 1, 2, 3, and 4, but reversed the conviction on Count 5 with instructions to dismiss. One judge dissented regarding the kidnapping conviction. Hester was found guilty after a series of serious crimes. The events began when he, along with co-defendant Carl Myers, targeted Richard Hooks. They lured Hooks to a vacant house under false pretenses, where they planned to rob him. Hooks was beaten, stabbed multiple times, and then his body was moved to a garage that was set on fire. The jury sentenced Hester to life in prison without parole for the murder, and significant prison terms for the other counts. During the trial, various pieces of evidence were presented, including confessions made by Hester. However, he raised concerns about certain jury instructions and the admission of evidence. Hester argued that a specific instruction given to the jury about co-conspirator liability was incorrect, as it could lead the jury to presume guilt simply because he was part of a conspiracy. The court found that the jury was properly instructed on the law, and that the evidence presented showed Hester's active involvement in the crimes. He also challenged the trial court’s failure to provide instructions regarding the need for corroboration of confessions and accomplice testimony. The court ruled that sufficient evidence supported Hester’s confessions and that any omission in instructions did not impact the trial's fairness. Hester claimed that the admission of statements made by his co-defendant during the conspiracy was improper and that his statements to his partner were protected by spousal privilege. The court disagreed, finding that the trial had properly handled those matters and that the evidence substantiating the crimes was strong. Despite Hester's arguments, the court determined that the evidence was enough to support the convictions for murder, arson, conspiracy, and robbery, finding he played a crucial role in the criminal acts committed. However, due to a lack of evidence showing an intent to extort while holding Hooks against his will, the kidnapping conviction was reversed. In the end, while Hester's more serious convictions were upheld, the court acknowledged flaws in the evidence related to the kidnapping charge, leading to that particular conviction being dismissed.

Continue ReadingF-2006-469

F-2007-269

  • Post author:
  • Post category:F

In OCCA case No. F-2007-269, Victor Allen Martin appealed his conviction for several drug offenses, including possession of methamphetamine with intent to distribute. In an unpublished decision, the court decided to reverse one of Martin's convictions for possessing methamphetamine without affixing a tax stamp, as there was not enough evidence to support that charge. The court affirmed his other convictions and sentences, agreeing that the evidence was sufficient for them. One member of the court dissented.

Continue ReadingF-2007-269

F-2006-17

  • Post author:
  • Post category:F

In OCCA case No. F-2006-17, McFarland appealed his conviction for sexual battery and second-degree rape by instrumentation. In an unpublished decision, the court decided to affirm the conviction for sexual battery but modified the sentence for the second-degree rape by instrumentation by vacating the $10,000 fine. One judge dissented. McFarland was found guilty of two serious crimes and was sentenced to a total of eight years in prison and fines. He argued that charging him with both crimes was unfair because they were part of the same event, meaning he faced double punishment. The court examined the evidence and determined that the acts were separate enough that charging him with both was allowed and did not violate his rights. He also claimed that the prosecutor made inappropriate comments during the trial that affected his chances for a fair trial. Some of these comments were found to be improper, but the court decided they did not seriously harm McFarland’s case. Additionally, McFarland argued that the instructions given to the jury about the fines were wrong, which led to the $10,000 fine for the second-degree rape charge being improper. The court agreed with him on this point, finding that jurors were wrongly instructed that they had to impose a fine. In summary, while the court upheld the conviction and the sentence for sexual battery, it modified the sentence for the second-degree rape charge by removing the fine.

Continue ReadingF-2006-17

F-2005-1285

  • Post author:
  • Post category:F

In OCCA case No. F-2005-1285, Willard Dean Jackson appealed his conviction for lewd or indecent proposal to a child under sixteen. In an unpublished decision, the court decided to reverse the conviction and remand the case with directions to enter a judgment of conviction for soliciting a minor for child pornography. One judge dissented.

Continue ReadingF-2005-1285

F-2006-348

  • Post author:
  • Post category:F

In OCCA case No. F-2006-348, Charles Terrell appealed his conviction for Lewd Molestation. In an unpublished decision, the court decided to affirm the conviction but modified his sentence from twenty years to ten years. One judge dissented. Charles Terrell was found guilty by a jury for molesting a young girl. The jury decided he should spend twenty years in prison. During the trial, evidence about other crimes was brought up, which included testimony from Terrell's former step-daughter who said Terrell had abused her too. Terrell argued that this testimony was unfair and should not have been allowed, as it could make the jury think he was guilty of more than just the crime he was accused of in this case. The court agreed that mentioning the other crimes was not handled well, as it wasn't properly limited. However, they also believed the main evidence from the victim in this case was strong and enough to show he was guilty. They found that allowing the other testimony did not change the fact that Terrell was guilty, so his conviction stood. On the topic of his sentence, the court thought about how the other crimes evidence might have led the jury to give him a much longer sentence than they would have otherwise. Because of this, they decided to reduce his sentence to ten years instead of twenty. The court concluded that the main evidence was solid, but the details about his past accusations were overly prejudicial and affected the severity of his punishment. The judge also noted that a photograph of the victim was properly allowed into evidence and was not seen as too harmful. In the end, while the conviction remained, the court decided to lessen the time Terrell would spend in prison, trimming it down to ten years.

Continue ReadingF-2006-348