Jury Misconduct

F-2004-825

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In OCCA case No. F-2004-825, the appellant appealed his conviction for robbery with firearms. In a published decision, the court decided to affirm the conviction but modify the sentence to twenty years imprisonment. One judge dissented. The case began when the appellant, Craig LaFranz Taylor, was found guilty by a jury. The trial took place in Comanche County, where the jury sentenced him to life in prison after the conviction. The appellant argued that his rights were violated in several ways. He claimed that the jury received wrongful outside information about him being arrested for another charge, which he believed affected their decision on his sentence. He also argued that the identification of him as the robber was not reliable and that there were problems with how the identification was made. Furthermore, he mentioned that one juror saw him in handcuffs and leg irons, which he thought unfairly influenced the juror's opinion of him. Lastly, he felt that the prosecutor asked inappropriate questions during the trial that hurt his chances for a fair trial. The court reviewed all the information presented and decided to maintain the conviction. They believed that there were enough checks in place during the trial for the jury to evaluate the eyewitness testimony fairly. They also felt that the juror's brief view of the appellant in restraints was not enough to interfere with the trial, especially since the appellant did not mention this to his lawyer until after the trial was over. The defense raised concerns about the prosecutor’s questions, but the court noted that most of the objections were upheld, meaning the unfair questions did not significantly harm the appellant’s case. However, the court agreed that there were issues with how the jury handled sentencing. The jury's initial recommendation was not clear, and they had received outside information that affected their decision. Because of this, the court decided to change the life sentence to a shorter term of twenty years instead, allowing the appellant to have a fairer outcome in that regard. In the end, the decision confirmed that while the conviction stood, the punishment was adjusted to ensure fairness, leading to a modified sentence of twenty years of imprisonment.

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F 2002-1009

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In OCCA case No. F 2002-1009, Rodney Jerome Burton appealed his conviction for trafficking in illegal drugs (cocaine base) and possession of a controlled dangerous substance within 1000 feet of a public park. In an unpublished decision, the court decided to affirm the conviction for trafficking in illegal drugs, but it dismissed the conviction for possession of a controlled dangerous substance within 1000 feet of a public park. One judge dissented. Burton was found guilty of trafficking in cocaine and possession of drugs near a public park. The jury recommended sentences of twenty years for trafficking and ten years for possession, which were to be served at the same time. Burton raised several reasons for his appeal, claiming that the evidence was not strong enough to support the verdicts, and that there were other problems in the trial. The court examined each of his claims, finding that there was enough evidence to support the trafficking conviction. They also decided that the jury was not pushed to come to a verdict and that the trial court followed the rules correctly regarding other pieces of evidence. It was determined that the remarks and actions of the prosecutor did not unfairly affect Burton's trial. The court concluded that there was no error regarding the prior photograph and that Burton's trial lawyer did a good job. Even though Burton wanted to benefit from a change in the law that might have helped him, the court said he was not entitled to that benefit because it didn’t apply to his case. Overall, the court upheld the sentence for trafficking but overturned the possession sentence, telling lower courts to dismiss that charge.

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F-2001-916

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In OCCA case No. F-2001-916, Gilda Marie Schoonover appealed her conviction for Committing or Permitting Child-Abuse Murder. In an unpublished decision, the court decided to reverse and remand for a new trial. One judge dissented. Gilda and her husband were charged with the murder of their adopted child, Benjamin, who was just over two years old. The trial took place with a jury, and both Gilda and her husband were found guilty. They were sentenced to life in prison based on the jury's recommendation. During the trial, there were several problems that Gilda highlighted as reasons for her appeal. First, she argued it was wrong for the jury to consider different ways to blame her. They were told that it was possible she either directly hurt the child or allowed her husband to hurt him. Gilda felt that allowing these different ideas confused the jury. She also pointed out that the court did not let the defense see all the evidence it needed, like a written statement from another person who might have helped their case. Furthermore, Gilda was unhappy about how the court allowed some information about past contacts with child services to be used against her. The jury couldn’t be sure which theory they believed—the one where Gilda hurt the child or the one where she let her husband hurt him. The court agreed that the evidence provided did not clearly show that she personally allowed the abuse or knew it was going to happen. Because of these issues, the court decided that Gilda deserved a new trial to ensure she had a fair chance to defend herself. In summary, the court found errors in the trial process, particularly in how the jury was instructed and the evidence presented. Gilda's conviction was overturned, and she was given another chance to have her case heard.

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