F 2005-362

  • Post author:
  • Post category:F

In OCCA case No. F 2005-362, Pat Lee Richardson appealed his conviction for First Degree Manslaughter. In an unpublished decision, the court decided to affirm his conviction but modified his sentence. One judge dissented regarding the sentence modification. Pat Lee Richardson was found guilty of First Degree Manslaughter after a trial without a jury in Comanche County. He was sentenced to 35 years in prison. He appealed, arguing that he had a defense based on Oklahoma's Make My Day Law, which allows people to use force against intruders in their homes. Richardson claimed the victim was an intruder when he was stabbed. The court explained that the Make My Day Law applies only when someone enters a home, but the victim was standing on the porch, not inside the house. Therefore, Richardson could not use that law as a defense. The court also noted that stabbing the victim a second time while he was on the ground was not justified. Richardson argued that his lawyer did not provide good assistance by not presenting the Make My Day Law defense. However, the court believed this did not affect the outcome of his trial since the law did not apply to his case. He also argued that his actions were justifiable as self-defense. The court stated that there was no evidence to show that he was in danger at the moment he stabbed the victim, considering the victim presented no serious threat. Lastly, Richardson argued that his 35-year sentence was too harsh. The court agreed and modified his sentence to 20 years, feeling that the original sentence was shocking and too severe when taking into account certain factors of the case. Overall, the court upheld the guilty verdict but decided to reduce the prison time that Pat Lee Richardson would have to serve.

Continue ReadingF 2005-362

F-2001-558

  • Post author:
  • Post category:F

In OCCA case No. F-2001-558, Medlin appealed her conviction for Manslaughter in the First Degree by Heat of Passion. In an unpublished decision, the court decided to reverse her judgment and dismiss the case. One judge dissented. The case began when a jury found Medlin guilty of Manslaughter for the shooting death of her husband, Jay Medlin. The jury sentenced her to four years in prison. Medlin argued that the trial court made a mistake by allowing instructions on a lesser charge of Manslaughter since she believed her actions were in self-defense due to previous abuse from her husband. Throughout their marriage, Medlin testified about the many times she and her children had been harmed by Jay. On the night of the shooting, after Jay verbally threatened the family and struck Medlin, she took a gun and shot him multiple times while he was asleep, believing she was defending herself and her children from further harm. At the appeal, the court determined that the evidence did not support a jury instruction on Manslaughter because Medlin had intended to kill her husband. The trial court's instructions to the jury were incorrect because they could only find that she had meant to cause death. Since the evidence only pointed to a conviction for murder, the court concluded that the previous conviction must be dismissed under the law. Thus, the court reversed the conviction and ordered the lower court to dismiss the case entirely, which also meant Medlin could not be tried for First Degree Murder again after the jury had found her not guilty of that charge. The dissenting opinion argued that the judge gave the jury a fair chance to decide based on the evidence presented and that the jury's actions were reasonable based on what they had seen and heard during the trial. In conclusion, the court's ruling in this case emphasized that if there is no substantial evidence showing that a lesser charge could apply, then that instruction should not be presented to the jury.

Continue ReadingF-2001-558