J 2019-0283

  • Post author:
  • Post category:J

In OCCA case No. J 2019-0283, D. J., III appealed his conviction for Assault and Battery with a Dangerous Weapon. In a published decision, the court decided to affirm the order granting the imposition of an adult sentence. One judge dissented. D. J., III, who was born on November 1, 2000, faced serious charges after taking part in a hazing incident at school. The state wanted to try him as an adult, which is a significant step for a young person. This happened after a court decided that D. J. could not be helped enough through the juvenile system and that the public needed more protection. The court had a hearing on April 5, 2019, where the judge reviewed evidence and decided that D. J. should face adult charges. The main arguments in the case included whether the earlier ruling was correct and if it used the right laws to make its decision. D. J. argued that the state did not show strong enough evidence to justify moving him to adult court. When D. J. appealed, he claimed two main problems with how the trial was handled. First, he believed the state did not provide clear evidence for why he should be seen as an adult rather than a juvenile. Next, he said that the judge applied the wrong law when making the decision. However, the court found that the judge's decision was reasonable and based on the facts presented during the hearing. The court stated that judges have the right to decide which witnesses to believe and how to weigh their testimonies. The judges on the court agreed that even though there was a mistake in mentioning the wrong law, this did not harm D. J.'s case because both laws were similar. The important aspects of the case were clear, and ultimately, D. J. was seen as not being able to complete rehabilitation in the juvenile system. In the dissenting opinion, the judge expressed concern that the law limits how long juveniles can be kept under the juvenile system, and this may not allow for fair treatment when they are close to being adults. The dissenting judge felt that D. J. still had the potential for rehabilitation and disagreed with moving him to adult court. In summary, the court decided to uphold the decision to treat D. J. as an adult following the state's appeal, while one judge thought this decision should be reconsidered, suggesting changes to juvenile sentencing laws to allow more flexibility for young offenders.

Continue ReadingJ 2019-0283

J 2011-0475

  • Post author:
  • Post category:J

In OCCA case No. J 2011-0475, the appellant appealed his conviction for rape and lewd molestation. In a published decision, the court decided to reverse the order of the District Court denying the appellant's motion for certification as a juvenile and remanded the case to be dismissed. One judge dissented.

Continue ReadingJ 2011-0475

J-2011-462

  • Post author:
  • Post category:J

In OCCA case No. J-2011-462, K.T.L. appealed his conviction for robbery by force/fear and kidnapping. In an unpublished decision, the court decided that the lower court's order denying K.T.L.'s motion to be treated as a juvenile was incorrect and should be reversed. K.T.L. was found to have substantial evidence supporting his request for juvenile treatment, and thus, the court instructed to certify him as a juvenile. One justice dissented, believing that the original decision should be upheld.

Continue ReadingJ-2011-462

J-2004-1117

  • Post author:
  • Post category:J

In OCCA case No. J-2004-1117, the appellant appealed his conviction for First Degree Murder and three counts of Assault with Intent to Kill. In a published decision, the court decided to affirm the denial of the appellant's request to be certified as a Youthful Offender but reversed the decision regarding the Assault charges, allowing those to be tried as a Youthful Offender. One judge dissented. The case began when the appellant was charged as an adult with serious crimes, including murder. The appellant wanted to be treated as a Youthful Offender, which would mean he could receive rehabilitation instead of severe punishment. A special judge conducted hearings to decide if the appellant could be certified as a Youthful Offender, meaning he would be tried in a different system designed for young people. During the hearings, expert witnesses gave differing opinions about whether the appellant could be helped and rehabilitated if treated as a Youthful Offender. One expert believed the chances were good, while others thought the appellant needed more time to be rehabilitated. Based on all the information and expert opinions, the judge decided not to certify the appellant as a Youthful Offender and instead required him to be tried as an adult for the murder charge. On appeal, the appellant argued three main points: first, that the judge made a mistake by not certifying him as a Youthful Offender, second, that the judge should have removed himself from the case, and third, that he should not have been charged as an adult for the Assault with Intent to Kill counts since those should be treated as Youthful Offender crimes. The court looked at the evidence presented in the trial, including testimonies from experts and details of the appellant's life. The conclusion was that the judge did not abuse his discretion in deciding the appellant should be tried as an adult for the murder charge. However, the court did agree with the appellant concerning the Assault with Intent to Kill charges; since he was between 15 and 17 and those charges are typically handled differently, the court ordered that he be processed as a Youthful Offender for those counts. In the end, the court upheld the decision regarding the murder charge but reversed the decision on the Assault with Intent to Kill charges, indicating that the appropriate course was for those to be treated under the Youthful Offender system.

Continue ReadingJ-2004-1117