Jury Instructions

F-2009-404

  • Post author:
  • Post category:F

In OCCA Case No. F-2009-404, Kassie Lakei Bills appealed her conviction for First Degree Murder. In an unpublished decision, the court decided to reverse her conviction and remanded the case for a new trial. One judge dissented. Kassie Lakei Bills was found guilty of murder after a jury trial in Oklahoma County. The jury sentenced her to Life Imprisonment Without the Possibility of Parole. Bills raised several complaints about how the trial was conducted. She argued that the trial court, which is responsible for making sure the trial runs smoothly, acted improperly during jury selection (called voir dire) by making comments that could have influenced the jurors. She said the court restricted her ability to question potential jurors about an important issue in her case: insanity. Further, Bills claimed that the trial court did not allow the jury to consider lesser offenses that might have been more appropriate, and that it should not have allowed certain evidence that was not relevant to the case. She felt her lawyer did not do a good job representing her, and there were too many mistakes made during the trial that affected her right to a fair trial. One key issue was the trial judge’s comments during jury selection. The judge told jurors that they should come to a decision quickly and warned them against being hard-headed. Bills argued that these comments pressured jurors to reach a verdict even if they had honest disagreements about the evidence. The court pointed out that such comments could be seen as coercive, leading to a situation where jurors would not feel free to express their true opinions. The court agreed with Bills that the trial judge’s comments were improper and could have influenced the jury's actions unfairly, which led to the decision to reverse her conviction and order a new trial. Since the case was sent back for a new trial, the court did not need to discuss the other complaints Bills raised about her trial or her request for a hearing regarding her lawyer's performance. In conclusion, Bills' conviction was overturned, and she was granted a new beginning in court, where she may have a chance to present her case fairly.

Continue ReadingF-2009-404

F-2008-434

  • Post author:
  • Post category:F

In OCCA case No. F-2008-434, Dusty Ray McGee appealed his conviction for First Degree Murder. In an unpublished decision, the court decided to reverse the conviction and remand the case for a new trial. One judge dissented. Dusty Ray McGee was found guilty of murdering a homeless man named John Seeley after a brutal attack. The attack happened when McGee and others returned to an abandoned apartment complex where Seeley was staying. They confronted him because they were stealing metal from the site. During this attack, McGee, along with his accomplices, kicked and hit Seeley multiple times with different objects. After the assault, they took pictures of the injured Seeley, who was still alive at that time. McGee was arrested a few days later and admitted to being part of the attack but claimed he didn't intend to kill Seeley. He mentioned that he wanted to call an ambulance afterward but was threatened by one of his accomplices. During McGee's trial, there were several issues. The jury asked many questions that showed they were confused about what made a crime first or second-degree murder and how sentencing worked. The judge didn’t handle these questions properly and didn’t bring the jurors back to discuss their worries in front of everyone. This made it hard for the jury to understand everything they needed to know to make a fair decision. The court acknowledged that the improper handling of the jury's questions likely impacted McGee's rights to a fair trial. Because of these errors, the court reversed McGee's conviction and ordered a new trial, suggesting that the previous trial did not follow the required legal procedures properly.

Continue ReadingF-2008-434

F-2009-407

  • Post author:
  • Post category:F

In OCCA case No. F-2009-407, Thomas Ray Young appealed his conviction for four counts of Sexual Abuse of a Child. In an unpublished decision, the court decided to affirm the convictions but modify the sentences to be served concurrently. One judge dissented. Young was found guilty of sexually abusing his daughter and was sentenced to four life terms in prison, which the jury recommended to be served one after the other. Young raised several issues in his appeal, including claims that the trial court made errors by allowing certain evidence, giving confusing jury instructions, allowing expert testimony that supported the complainant's credibility, and examples of prosecutorial misconduct. Additionally, Young argued that the accumulated errors denied him a fair trial. The court carefully assessed the evidence admitted during the trial. Young contested evidence about past physical abuse towards his daughter and son, as well as a 1979 sexual assault against a teenager. The court found that references to the past abuse of the daughter were relevant to understand why she may have been hesitant to report the sexual abuse. The mention of his son was seen as proper because it challenged the credibility of a defense witness. However, evidence regarding the 1979 sexual assault had minimal relevance and could have been too prejudicial. Regarding jury instructions, the court found the trial judge's instructions were tailored to the evidence, even though they were not standard. The court decided that these instructions did not create errors. The expert witnesses presented by the state were seen as helpful rather than harmful to the case; they did not improperly support the credibility of the complainant. The court ruled that most of the prosecutor's comments during trial did not warrant a problem, except for some details about Young's criminal past, which could have unfairly influenced the jury. The court believed that the modification of Young's sentences to run concurrently addressed any potential unfairness. In summary, the court affirmed Young's conviction but changed his sentences to be served at the same time instead of one after another.

Continue ReadingF-2009-407

F-2008-1095

  • Post author:
  • Post category:F

In OCCA case No. F-2008-1095, the appellant appealed his conviction for First Degree Rape. In an unpublished decision, the court decided to modify his sentence from life imprisonment to forty-five years due to prosecutorial misconduct and the admission of excessive photographic evidence. One judge dissented, arguing that the initial conviction and sentence should have been upheld.

Continue ReadingF-2008-1095

F-2008-620

  • Post author:
  • Post category:F

In OCCA case No. F-2008-620, Vincent Vasquez appealed his conviction for Sexual Abuse of a Child. In a published decision, the court decided to affirm the convictions and sentences but vacated the order of restitution. No one dissented. Vasquez was found guilty by a jury on three counts related to sexual abuse of a child. He received eight years in prison for each count, which would be served one after another. However, part of his sentence was suspended, meaning he wouldn't have to serve the full time for all counts right away. Vasquez argued that there were several mistakes made during his trial. First, he claimed that the evidence wasn't strong enough to support his convictions, saying the victim's testimony was inconsistent. The court said that the ruling was valid because the victim's main story was consistent and believable, even if she forgot some minor details. Second, Vasquez believed that important evidence was not allowed in court, which he thought would help prove his side of the story. However, the court decided that the evidence offered was not relevant to the case. Third, he argued that the jury was not properly instructed regarding how to look at the evidence. The court concluded that the instructions given were sufficient and did not harm his case. Fourth, Vasquez objected to an order to pay restitution, which the State admitted was incorrectly imposed. The court agreed to remove that requirement. Lastly, Vasquez suggested that the combination of all these errors should lead to his conviction being overturned. The court found that there were no cumulative errors that warranted relief. In conclusion, the court maintained Vasquez’s convictions but removed the restitution order.

Continue ReadingF-2008-620

F-2008-763

  • Post author:
  • Post category:F

In OCCA case No. F-2008-763, Armand Rashawn Johnson appealed his conviction for multiple charges, including robbery with a firearm, assault with a deadly weapon, burglary, and kidnapping. In a published decision, the court decided to reverse his convictions and remand the case for a new trial. One member dissented. Johnson was found guilty by a jury and was sentenced to a total of 30 years in prison for some counts, while others had sentences ranging from 20 to 40 years. The main reasons for his appeal focused on concerns about how the jury was instructed and treated during the trial. Johnson argued that the trial court's actions could have influenced the jurors' decisions, which should be based on facts and law alone. The court agreed with Johnson on several points. It found that the trial judge's comments and guidance during jury selection were inappropriate and could have pressured the jurors into making decisions against their personal beliefs. This meant that the fairness of his trial was in question. Since the court decided to reverse Johnson's convictions, there was no need to examine the other claims he made about the evidence and the fairness of his sentence. The court emphasized that jurors should only be focused on the law and evidence presented to them and not on any frustrations that might come from court procedures. As a result, Johnson will get a new trial, where the procedures may be handled in a way that better protects his rights.

Continue ReadingF-2008-763

F-2008-432

  • Post author:
  • Post category:F

In OCCA case No. F-2008-432, Anthony Wayne McCosar appealed his conviction for Assault and Battery with a Dangerous Weapon, Threatening an Act of Violence, Public Intoxication, and Assault with a Dangerous Weapon. In an unpublished decision, the court decided to vacate certain fines but affirmed the other parts of the judgment and sentence. One judge dissented.

Continue ReadingF-2008-432

F-2008-60

  • Post author:
  • Post category:F

In OCCA case No. F-2008-60, Valenta E. Thompson appealed his conviction for multiple serious crimes including first-degree rape, sodomy, kidnapping, and witness intimidation. In an unpublished decision, the court decided to uphold some of the convictions while reversing others. One judge dissented. Valenta E. Thompson faced serious charges in the District Court of Muskogee County. He was found guilty by a jury of crimes that included rape and sodomy, among others. The jury recommended significant sentences, leading to Thompson receiving life imprisonment for some charges and lesser sentences for others. In his appeal, Thompson raised many issues. He argued that he did not receive a fair trial, citing that he was not properly informed of the elements of some charges. Specifically, he mentioned that the jury wasn't instructed about the components necessary to prove anal sodomy and witness intimidation. These mistakes were recognized as severe enough to warrant a reversal of those convictions. Thompson also claimed that there was not enough evidence to support his conviction for rape, and he argued that incorrect jury instructions regarding his potential sentences impacted his case. In addition, he pointed out that the prosecutor had made improper comments during the trial about plea deals, and that his own lawyer did not provide adequate representation throughout the process. The court carefully reviewed all the arguments and the entire record of the case. They found that the lack of instruction for some charges was a significant error. This was particularly true for witness intimidation, where the jury did not understand what needed to be proven for a conviction. Because of this, those specific counts were reversed. However, regarding the charge of first-degree rape and other offenses, the court found enough evidence to support the convictions. The judges determined that despite the errors concerning instructions, Thompson's sentences for the remaining counts were appropriate and should be upheld. In conclusion, the court affirmed the judgments and sentences for most of Thompson's convictions while reversing and remanding the convictions related to anal sodomy and witness intimidation for further proceedings. Some judges agreed with this decision, but one judge dissented, believing that the convictions should not have been reversed.

Continue ReadingF-2008-60

F-2007-1151

  • Post author:
  • Post category:F

In OCCA case No. F-2007-1151, Keynon Michael Owens appealed his conviction for First-Degree Felony Murder and Robbery with a Dangerous Weapon. In an unpublished decision, the court decided to reverse the conviction for felony murder and to affirm the conviction for robbery. One judge dissented. Owens was tried for the murder of Javier Carranza and robbery of Jesus Carranza. He was convicted of felony murder, with the court determining that the murder happened during a robbery. However, the jury had previously acquitted Owens of the robbery charge against Javier Carranza. The court noted that this inconsistency needed to be addressed. Owens argued the evidence was not enough to support his convictions. The court examined the evidence and determined it was sufficient for the robbery charge against Jesus, but not necessarily for the felony murder related to Javier since the robbery charge for Javier was not convicted. The jury had expressed confusion during deliberations, asking questions that suggested they weren’t clear on how the charges connected. The court found errors related to jury instructions and how the trial court responded to the jury’s inquiries during deliberation. Due to this confusion and because the acquittal was logically inconsistent with the felony murder conviction, the court decided to reverse the felony murder conviction but upheld the robbery conviction. The dissenting judge disagreed with reversing the felony murder conviction, arguing that the jury's decision, even if inconsistent, could still be valid and supported by evidence.

Continue ReadingF-2007-1151

F-2008-214

  • Post author:
  • Post category:F

In OCCA case No. F-2008-214, Joe Lee Birmingham appealed his conviction for three counts of lewd and indecent acts with a child under sixteen. In an unpublished decision, the court decided to modify his sentences to four years imprisonment in each count, to be served concurrently, and as modified, the decision was affirmed. One judge dissented. Joe Lee Birmingham was found guilty by a jury of three counts of lewd acts against a child in the District Court of Oklahoma County. He was sentenced to four years for each count, and the sentences were to be served back-to-back. Birmingham had raised several arguments in his appeal, saying his trial was unfair because important evidence was not allowed, his lawyer didn’t help him properly, and other issues with the trial and sentencing. First, he argued that the judge would not let him show he had a medical condition called ALS, which he thought was important for his defense. However, the court concluded that this evidence did not really change the situation since he admitted to touching the girl, even if he said it wasn’t inappropriate. Next, Birmingham claimed his lawyer made many mistakes that hurt his case, but the court found that the mistakes did not likely change the trial's outcome. He also said that the proof his actions were wrong wasn’t good enough, but the court disagreed, stating that the evidence was sufficient for the jury to reach a conclusion. Birmingham’s complaints about not getting the right jury instructions were found to be invalid, as he did not raise them during the trial. Regarding the idea that changing one of the charges after the state had presented its evidence was incorrect, the court found it was done properly. Birmingham said the prosecutor behaved badly during the trial, but the court believed the comments made were just pointing out reasonable conclusions from evidence. His argument about the length of his sentences being too harsh was also denied. The court even said they believed he should serve his sentences concurrently, rather than back-to-back, because of his health issues. Overall, the court felt that the trial was fair, and even if there were some minor issues, they did not believe they negatively affected the outcome much. Thus, they decided his sentences would be adjusted to only four years overall for his actions, instead of having to serve each count one after the other.

Continue ReadingF-2008-214

F 2007-201

  • Post author:
  • Post category:F

In OCCA case No. F 2007-201, Kristopher Lee Morphew appealed his conviction for Second-degree Murder. In a published decision, the court decided to reverse Morphew's Judgment and Sentence and remand the case for a new trial. One judge dissented. Morphew was found guilty of Second-degree Murder after a jury trial. The jury decided on a punishment of twenty years of prison time. However, Morphew argued that he did not receive a fair trial due to several reasons, including ineffective help from his lawyer, errors in jury instructions, and misconduct by the prosecution. The main issue that led to the court's decision was about how the jury was instructed regarding what depraved mind meant in the context of Second-degree Murder. The jury was confused about a key part of the instruction, and the trial judge did not clarify it properly. Because of this, the court found that the instructions did not adequately explain the law and could have led to a misunderstanding during the trial. Since this error was significant enough to possibly change the outcome of the case, the court concluded that Morphew deserved a new trial. The other points raised by Morphew were not discussed because the error regarding jury instructions was sufficient to reverse the conviction. In summary, the court's decision sends Morphew back for a new trial to ensure he receives a fair chance to defend himself under the correct laws and instructions.

Continue ReadingF 2007-201

F-2007-543

  • Post author:
  • Post category:F

In OCCA case No. F-2007-543, Sean Ray Smith appealed his conviction for Lewd Molestation. In an unpublished decision, the court decided to modify his sentence from 100 years to 45 years imprisonment. One judge dissented, opposing the modification and suggesting the case should be sent back for resentencing with proper jury instructions. Sean Ray Smith was found guilty of a serious crime after a jury trial. The jury's verdict led to a very long sentence of 100 years. Smith said there were three mistakes made during the trial. These mistakes included the judge and prosecutor calling the victim a victim, which he argued took away his rights, incorrect information given to the jury about sentencing, and that the 100-year sentence was too harsh. Upon reviewing the case and the evidence presented, the court agreed that one of Smith's claims about the jury instructions was valid. The jury received the wrong instruction regarding how long he would have to serve in prison before being considered for parole. The jurors were confused and asked how many years make up a life sentence, which increased concerns about how they understood the law related to his sentence. The court decided that while there were indeed errors, Smith would not get a new trial. Instead, it reduced his sentence to 45 years, which was deemed more appropriate given the circumstances, including Smith's history and the nature of the crime. The decision made by the court was to uphold the conviction but change the sentence to a lesser punishment. One judge disagreed with this change, believing that the jury should properly decide the length of the sentence without this modification. The strategy suggested by the dissenting judge was to keep the conviction and have the case sent back for proper sentencing instructions.

Continue ReadingF-2007-543

F-2007-165

  • Post author:
  • Post category:F

In OCCA case No. F-2007-165, the appellant appealed his conviction for Child Sexual Abuse and Child Abuse. In an unpublished decision, the court decided that while the appellant's argument about multiple punishments was not needed for reversing the conviction, the sentences had to be modified to run concurrently. One judge disagreed with the decision to modify the sentences.

Continue ReadingF-2007-165

F-2006-1055

  • Post author:
  • Post category:F

In OCCA case No. F-2006-1055, Jaumon Mondell Okyere appealed his conviction for First Degree Murder and Child Neglect. In an unpublished decision, the court decided to affirm the conviction for First Degree Murder but reversed the conviction for Child Neglect with instructions to dismiss. One judge dissented. Jaumon Mondell Okyere was found guilty of killing Richard Briggs and neglecting Briggs’ infant child. The case began when Okyere, angry over Briggs’ relationship with his former partner, Melonie Totty, conspired to lure Briggs into a trap where he could harm him. On March 18, 2005, Okyere shot Briggs multiple times and left the baby in a cold car, which was later found unharmed. During the trial, Totty testified against Okyere, leading to his conviction. Okyere argued that his trial was unfair because of issues related to his legal representation, including an alleged conflict of interest where the public defender's office previously represented Totty. The court found that Okyere's right to effective counsel was not violated, stating that the trial court took appropriate steps to address potential conflicts. Okyere also raised objections over the trial court granting continuances for the prosecution without proper procedure, insufficiency of the evidence, and inadequate jury instructions on the Child Neglect charge. The court concluded that any errors did not significantly impact the trial's fairness. However, it did find that the jury was not properly instructed on the requirement of being responsible for the child's welfare, which led to the reversal of the Child Neglect conviction. Ultimately, while Okyere’s conviction for murder was upheld, the court instructed to dismiss the charges related to child neglect due to the instructional error. One judge disagreed with the dismissal, believing the matter warranted a new trial instead.

Continue ReadingF-2006-1055

F-2006-408

  • Post author:
  • Post category:F

In OCCA case No. F-2006-408, Johnny Lee Whitworth appealed his conviction for First Degree Manslaughter. In an unpublished decision, the court decided to affirm the judgment but modified his sentence. One judge dissented. Whitworth was found guilty of killing someone, but the jury believed he was too drunk to intend to kill, so they convicted him of the lesser charge of manslaughter instead of murder. The jury gave him a sentence of 100 years in prison. Whitworth raised several arguments in his appeal: 1. He argued that the jury instructions didn't mention self-defense as a possible defense to manslaughter. 2. He claimed the evidence was not enough to prove he did not act in self-defense. 3. He complained that the jury was not informed about the 85% Rule, which means a person must serve only a portion of their sentence before becoming eligible for parole. 4. He thought his sentence was too harsh. The court found that the jury instructions were overall fair and included necessary information about his defenses. They also concluded that there was enough evidence for the jury to decide against his claim of self-defense. However, the court noted an error regarding the jury not being informed about the 85% Rule when they asked about the actual time Whitworth would serve. This was an important mistake because it might have led the jury to give a longer sentence than they would have if they had understood how the 85% Rule worked. Given that this error occurred and that Whitworth did not have a criminal record, the court decided to reduce his sentence from 100 years to 50 years. In summary, while the court upheld the conviction, they felt it was fair to change Whitworth's sentence to lesser punishment due to the lack of information given to the jury about his potential time in prison.

Continue ReadingF-2006-408

F-2004-935

  • Post author:
  • Post category:F

In OCCA case No. F-2004-935, Alfred Junior Mills appealed his conviction for burglary. In a published decision, the court decided to modify his sentence from thirty years to twenty years. One judge dissented. The case involved Alfred Junior Mills, who had been convicted of burglary and was sentenced to thirty years in prison. After his appeal, the court looked at some important issues. One issue was about how much time he would actually have to serve. The appellant's team argued that the jury should have been informed about the 85% rule, which means that a person must serve at least 85% of their sentence. This rule was important because it may have changed how the jury decided to sentence him. The court agreed that they should apply this rule to his case because it was decided while his appeal was still going on. They found that the jury might not have given him a thirty-year sentence if they had known he would have to serve at least 85% of that time. So, they reduced his sentence to twenty years instead of thirty. Another part of the appeal was about whether the jury should have considered a lesser crime instead of burglary. The defense had a theory that they believed should have led to a different verdict, but the jury didn't buy it. They thought Mills' story was not believable and gave him a sentence that was much higher than the minimum. The court decided that there was no reason to think the jury would have chosen to give him a lesser charge after they rejected his story so strongly. In conclusion, the court made a significant change to Mills' sentence due to the 85% rule but upheld the conviction for burglary. One judge disagreed with the decision to modify the sentence.

Continue ReadingF-2004-935

F-2006-63

  • Post author:
  • Post category:F

In OCCA case No. F-2006-63, Beverly Michelle Moore appealed her conviction for First Degree Murder. In an unpublished decision, the court decided to modify Moore's sentence to life imprisonment with the possibility of parole. Two judges dissented. To explain, Beverly Moore was found guilty of killing two-year-old Avery Snyder. Avery had severe head injuries that doctors said were caused by violent shaking, known as shaken baby syndrome. The trial focused on whether Moore or Todd Snyder, Avery's father, caused the injuries. Moore admitted to giving a confession to the police but later recanted, claiming she did not harm the child. During the trial, the jury determined that Moore was responsible for Avery's injuries, leading to her conviction. The jury decided on life imprisonment without parole. However, the decision included a mistake regarding jury instructions about the 85% Rule, which means that for certain crimes, a person must serve 85% of their sentence before being eligible for parole. The court found it was necessary for the jury to understand this rule to make an informed sentencing decision. Moore's trial did not provide the jury with clear information about the 85% Rule, which was important after the jury inquired about it during their discussions. This omission was deemed a significant error that likely influenced the jury's decision to impose a harsher sentence. The court ultimately affirmed Moore's conviction for First Degree Murder but ordered that her sentence be modified to allow for the possibility of parole, reflecting the guidelines that should have been communicated to the jury during the sentencing phase. The dissenting judges believed the original sentence should not have been modified, arguing that the trial followed the laws that were in place at that time and no objections had been made during the trial.

Continue ReadingF-2006-63

F-2005-963

  • Post author:
  • Post category:F

In OCCA case No. F-2005-963, the appellant appealed his conviction for using a vehicle to facilitate the intentional discharge of a weapon. In an unpublished decision, the court modified the conviction to felony malicious injury to property instead. One judge dissented. The case began when the appellant, Larry Roger Watts, was found guilty by a jury of a crime involving firing a weapon from a vehicle. The jury decided he should serve three years in prison and pay an $8,000 fine. Watts disagreed with the decision and argued several points in his appeal. First, he believed there was not enough evidence to support the charge against him. He claimed that since nobody was near where he fired the weapon, it wasn't a real drive-by shooting, which is meant to endanger people, not property. He also pointed out that the law was changed, and air guns were no longer considered weapons that could be fired from a vehicle under this specific law. Secondly, the appellant argued that the way he was arrested was not legal, meaning the evidence against him should not have been allowed in court. He also mentioned that important recordings from the police that could have helped his case were erased, which he felt was unfair. While looking at all these claims, the court decided that the original conviction for a drive-by shooting could not stand since no one was harmed during the incident. However, the court recognized that damages to property did happen, which led them to change the conviction to felony malicious injury to property. This new conviction came with a lesser punishment: two years in prison and a fine of $1,000 instead of the earlier sentence. The judges concluded that allowing the state to proceed under different theories of the law was appropriate. They determined that Watts was not surprised or prejudiced by this change. In the end, the court ruled in favor of modifying the conviction and sentence, agreeing that it was the right way to handle the case based on the evidence available. They also stated that there was no plain error regarding the prosecutor's comments or about the contention of the erased tapes. Overall, the case showed how legal decisions can evolve based on the circumstances and the interpretations of the law.

Continue ReadingF-2005-963

F-2006-429

  • Post author:
  • Post category:F

In OCCA case No. F-2006-429, David Michael Graham appealed his conviction for three counts of Lewd Molestation. In an unpublished decision, the court decided to affirm his convictions but modified the sentences to be served concurrently and dismissed the restitution order. One judge dissented. Graham was found guilty by a jury of three counts of Lewd Molestation. The jury recommended that he serve 20 years in prison for each count, with the last 10 years suspended under probation conditions. The judge also ordered him to pay $10,000 to each victim. In his appeal, Graham argued several things. First, he claimed that the way the prosecutors behaved during the trial made it unfair. He also said the judge didn’t properly inform the jury about how much of his sentence he would have to serve before getting paroled. Lastly, he felt the restitution amount was too high and lacked support from facts. After reviewing the case, the court agreed there was some misconduct but concluded it did not affect the conviction. The appeal also highlighted that the jury should have been told that he needed to serve 85% of his sentence, which led to changing the sentences to concurrent rather than consecutive. The judges found the order for restitution of $10,000 per count was not backed by evidence, so that part was dismissed. The overall opinion was that while the convictions were upheld, the sentences needed to be modified, and the restitution removed. One judge disagreed with modifying the sentences to run concurrently, believing the original sentencing was appropriate.

Continue ReadingF-2006-429

M-2006-555

  • Post author:
  • Post category:M

In OCCA case No. M-2006-555, the appellant appealed his conviction for recklessly conducting himself with a firearm. In an unpublished decision, the court decided to reverse the judgment and sentence and ordered a new trial. One judge dissented. The case began when the appellant was charged with a crime called Feloniously Pointing a Firearm. However, after a jury trial, he was found guilty of a lesser crime, which was Reckless Conduct With a Firearm. The punishment for this was six months in jail and a fine of $500. The appellant raised several arguments for why he believed the jury should have decided differently. First, he claimed that he was not properly told about his right to defend himself when he was faced with danger. Second, he argued that he could not access evidence that would show that a witness was not telling the truth. Third, he felt that the jury's decision was based on guesses rather than solid proof. Lastly, he believed he did not have good help from his lawyer during the trial. The court found that the instructions given to the jury were not clear about the appellant's right to self-defense. The jury had even sent a note to the trial court saying they did not feel they understood this important piece of information. The law says that a person must have the chance to explain their side of the story, especially when it comes to self-defense, and in this case, the jury did not get the right instructions about that. Since this was a big mistake that could have affected the jury’s decision, the court decided to reverse the original judgment. It means the appellant will have another chance to prove himself in a new trial. The court did not explore all the details of the self-defense claim but decided that the jury needed the proper guidance on this important matter. The case is now remanded back to the District Court for a new trial where the jury can hear the complete story, including the self-defense argument. This verdict was supported by the judges, but one judge had a different opinion about the case.

Continue ReadingM-2006-555

F-2005-228

  • Post author:
  • Post category:F

In OCCA case No. F-2005-228, Gordon Fife Franklin appealed his conviction for Kidnapping, Assault and Battery with a Dangerous Weapon, and Cruelty to Animals. In an unpublished decision, the court decided to reverse the conviction for Cruelty to Animals and to modify the sentences for the remaining convictions to 55 years each instead of 250 years. One judge dissented. Franklin was found guilty by a jury and received a very long sentence for his crimes. The jury thought that his actions were very bad and wanted him to spend a lot of time in prison. However, the court later said the sentences were too long. They decided that the evidence for one of the charges, Cruelty to Animals, was not strong enough to keep that conviction. During the trial, the court let different pieces of evidence be shown to the jury. Some of this evidence was questioned later, but the court said that it didn't really change the outcome of the trial. They said that even though there were mistakes made in the trial, the serious charges of Kidnapping and Assault were still valid. Overall, the court agreed that while Franklin did do some wrong things, the punishments should be reduced to a more reasonable amount of time. In conclusion, Franklin's punishment was lightened, and the charge for hurting the animal was removed completely.

Continue ReadingF-2005-228

F-2005-1058

  • Post author:
  • Post category:F

In OCCA case No. F-2005-1058, Shaynathian Rashaud Hicks appealed his conviction for multiple charges including indecent exposure, attempted rape, injury to a minor child, and others. In an unpublished decision, the court decided to reverse the conviction for indecent exposure and remand it with instructions to dismiss. The remaining convictions were affirmed. One judge dissented regarding certain aspects of the opinion. To explain further, Hicks was tried and found guilty of several serious offenses. These included lewd acts like indecent exposure and attempted rape. The jury gave him a total of different sentences, with the most time for his attempted rape and injury to a minor child. Hicks felt that the evidence against him was not strong enough and presented several reasons why he thought he should win his appeal. He argued that there wasn't enough proof to show that his actions qualified as indecent exposure. The court agreed and reversed that conviction, saying the evidence didn’t show he acted in a lewd way. However, for the other charges like attempted rape and injury to a minor, the court found the evidence sufficient, so his convictions for those remained in place. Hicks also had a problem with the way the trial was conducted. He claimed that he wasn’t able to confront all the witnesses against him because some of their testimonies were taken without them being present at the trial. But the court decided the trial was fair and followed the rules. Hicks felt that mistakes were made in how the jury was instructed about the law and that the prosecutor acted unfairly during the trial. The court looked into these claims, but most were either waived or didn’t have a significant impact on the trial's outcome. In summary, while the court reversed his conviction for indecent exposure due to a lack of evidence, it upheld the other convictions because they found there was enough evidence for those offenses. Hicks’s overall arguments did not lead to a change in the other convictions, which means he must serve his sentences as determined by the jury.

Continue ReadingF-2005-1058

F-2004-1279

  • Post author:
  • Post category:F

In OCCA case No. F-2004-1279, Daniel Hawkes Fears appealed his conviction for multiple counts including Murder in the First Degree and Shooting with Intent to Kill. In an unpublished decision, the court decided to reverse his convictions due to prosecutorial misconduct and insufficient evidence of sanity at the time of the crimes, ordering a verdict of not guilty by reason of insanity. One judge dissented, arguing that the jury should have had the proper instructions for a retrial instead of this decision.

Continue ReadingF-2004-1279

F-2005-859

  • Post author:
  • Post category:F

In OCCA case No. F-2005-859, Percy Dewayne Cato appealed his conviction for driving under the influence, driving with a suspended license, and speeding. In an unpublished decision, the court decided to affirm his convictions, but modified one of the fines. One judge dissented. Percy Cato was found guilty by a jury for three different offenses. The first was driving under the influence, which was more serious because he had two previous DUI convictions. The jury gave him a punishment that included time in prison and other conditions like treatment and community service. He was sentenced to a total of four and a half years, with some of that time suspended, meaning he would only serve three years in prison and spend time on probation afterwards. Cato claimed the instructions given to the jury about his previous DUI convictions were wrong, saying they should have been told that one of those convictions couldn't be used to give him a harsher punishment. The court found that this mistake did not harm Cato; he still received a fair punishment based on his actions. He also argued that the way his punishment was split between prison time and treatment violated the law. However, the court ruled that this was okay because the law allows for a mix of punishment and rehabilitation for DUI cases. Cato requested that the jury be told how to consider evidence showing he refused to take a breath or blood test. Although the court said this type of instruction is important, they did not find it necessary in Cato's case because he couldn't prove that it affected the outcome of his trial. In summary, the court upheld the main parts of Cato's punishment while making a small change to one of the fines. The decision was mostly in favor of maintaining his convictions, showing the court believed that the jury's decision was fair and just.

Continue ReadingF-2005-859

F-2005-527

  • Post author:
  • Post category:F

In OCCA case No. F-2005-527, Thomas Terrill appealed his conviction for First Degree Manslaughter. In a published decision, the court decided to affirm the conviction but to vacate the sentence and remand for resentencing. One judge dissented. Thomas Terrill was originally charged with First Degree Murder in a case related to a death. During the trial, the jury found him guilty of the lesser charge of First Degree Manslaughter and suggested a sentence of life in prison. The judge agreed with the jury's recommendation and sentenced Terrell accordingly. Terrill appealed this decision, claiming there were problems with his trial. He argued that the evidence against him was not strong enough to prove he committed manslaughter. He also contended that the prosecutor made unfair comments that likely influenced the jury, and he believed that the sentence given was too harsh. After reviewing all the arguments and the case details, the court found that, despite Terrill's claims of self-defense, there was enough evidence for a reasonable person to decide that he acted in a heat of passion when he caused the victim's death. Therefore, the court did not agree with the claim that the evidence was insufficient for manslaughter. However, the court agreed with Terrill on the other two issues. It found that the prosecutor's comments, which urged the jury to think about the victim's family, were inappropriate, as these feelings should not influence the jurors' decision about the sentence. The court also mentioned that the jury had asked about the parole eligibility during their discussions, but the judge had not given them any additional instructions about this matter. The court pointed out that, based on a previous case, juries need to know relevant information about parole possibilities when deciding on a sentence. Because of these reasons, the decision was made to send the case back for a new sentencing hearing. Although Terrill's conviction for manslaughter was upheld, the previous sentence was set aside to ensure that he is given a fair opportunity during resentencing.

Continue ReadingF-2005-527