Kidnapping

F 2014-3

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In OCCA case No. F-2014-3, Edwin Jermaine Daniels appealed his conviction for several serious crimes including burglary, robbery, kidnapping, and assault. In an unpublished decision, the court decided to affirm most of the trial court's decisions but did vacate some of the fines associated with his sentences. One judge dissented. During the trial, Daniels was found guilty of multiple counts connected to violent crimes he committed with a co-defendant. The judge sentenced him to a total of many years in prison and imposed fines for each count. Daniels raised several issues on appeal, arguing that there were mistakes made during his trial that affected the fairness of the process. First, he claimed that the jury instructions were confusing and reduced the State’s burden to prove guilt. The court found that since there were no objections to the instructions during the trial, they did not affect the trial's result. Second, Daniels objected to being told the fines were mandatory, but the court found that this was also a mistake that the State admitted to; thus, the fines were removed for certain counts. He also claimed prosecutorial misconduct, arguing that comments made by the prosecutor during the trial unfairly influenced the jury. The court ruled that these comments did not significantly change the trial's outcome. Daniels further contended that he did not receive effective legal assistance. The court concluded that his lawyer's performance did not meet a standard of failure that would have changed the trial's result. In the end, while the court affirmed the convictions, it removed the fines that were wrongly imposed, ensuring that Daniel's rights were respected where the trial process fell short.

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S-2013-696

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In OCCA case No. S-2013-694, S-2013-695, S-2013-696, the defendants appealed their conviction for kidnapping and first-degree burglary. In a published decision, the court decided to affirm the dismissal of the charges against the defendants. No one dissented. The case began when three bail bondsmen, Fred Green and his two employees, Ronald Krushe and Christopher Thornburg, were charged with kidnapping and burglary after they tried to arrest two people, Billy and Pam Jones, who had skipped out on their bail. They went to a home in Pawnee County where the Joneses were staying and entered without permission. They handcuffed the couple and attempted to take them to jail. However, the defendants argued that they had the legal right to arrest the Joneses because they had a valid bond with them. The court found that since they were acting within their legal authority when they arrested the couple, they did not commit kidnapping or burglary. The State disagreed, claiming that the defendants had intended to commit a crime. However, the court concluded that the defendants were within their rights and did not abuse their power. Therefore, the charges were dismissed, and the court upheld this dismissal in their ruling.

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S-2013-695

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In OCCA case No. S-2013-694, Fred A. Green appealed his conviction for kidnapping and first-degree burglary. In an unpublished decision, the court decided to affirm the dismissal of the charges against him and his co-defendants, Ronald Krushe and Christopher Thornburg. One judge dissented. The case began when Green, Krushe, and Thornburg were charged after they went to a home to arrest two individuals, Billy and Pam Jones, for breaching their bail bond. They entered the home without permission and removed the Joneses, leading to their arrest. However, the court found that since Green, Krushe, and Thornburg were acting as bail bondsmen with the legal authority to arrest, they did not commit the crimes of burglary or kidnapping. The state argued that their actions were unlawful since they entered the home with the intent to kidnap. However, the court determined that the bondsmen acted within their rights, resulting in the dismissal of charges.

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S-2013-694

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In OCCA case No. S-2013-694, Fred A. Green, Ronald Krushe, and Christopher Thornburg appealed their conviction for kidnapping and first-degree burglary. In a published decision, the court decided to affirm the dismissal of the charges against them. One judge dissented. The case began when the three men, who were bail bondsmen, went to a home to arrest two individuals, Billy and Pam Jones, who were staying there. They knocked on the door, entered the home, and handcuffed the Joneses to take them into custody. The homeowner, Patrick Wills, and his wife were not happy about this and called the police. While Green and his employees thought they were legally allowed to arrest the Joneses because they had a valid bond, the State of Oklahoma disagreed and charged them with burglary and kidnapping. The trial court disagreed, stating that the bondsmen did have the right to make the arrests. The State argued that the men acted unlawfully because of certain statements made during the incident, but the court found that they were working within their rights as bail bondsmen. Ultimately, the court upheld the decision to dismiss the charges, stating there was no abuse of discretion by the trial court in concluding that the bondsmen were acting legally.

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F-2013-36

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In OCCA case No. F-2013-36, Jasper appealed his conviction for Conspiracy, Kidnapping, Attempted First Degree Rape, and First Degree Robbery. In an unpublished decision, the court decided to affirm Jasper's convictions but modify the sentence for First Degree Robbery. One judge dissented. Jasper was found guilty by a jury of four serious crimes. For Conspiracy, he was sentenced to ten years and fined $5,000. For Kidnapping, he received a 20-year sentence. Attempted Rape meant he was sentenced to 22.5 years, and for First Degree Robbery, he was given ten years. The sentences were supposed to be served one after the other, which made his total time in prison very long. Jasper raised several arguments on why he thought his convictions should be changed. He argued that the evidence didn't prove he was part of a conspiracy to commit rape, meaning there wasn't enough proof of an agreement to commit a crime. He also claimed that he shouldn't have been punished for both Kidnapping and Attempted Rape because they were connected to the same act. He believed this meant he faced double punishment for the same offense, which should not happen. Regarding his robbery conviction, Jasper contended that he shouldn't be punished for it because of double jeopardy, a rule that stops someone from being tried for the same crime twice. He also claimed the judge made a mistake when telling the jury about the sentence they could give him for robbery, which he believed went against his rights. Another argument was that some evidence presented during the trial wasn't fair and made him look bad but was not relevant to the case. He asserted that a lot of hearsay evidence was introduced that made his trial unfair and that his lawyer didn’t help him properly. After review, the court found that Jasper's conviction for Conspiracy was supported enough by evidence for the jury to make its decision. They ruled that the convictions for Kidnapping and Attempted Rape were also valid because they were considered separate crimes, meaning he could be punished for both. The claim of double jeopardy concerning his robbery conviction was rejected because the crimes he committed had different elements, making each punishment lawful. When it came to the sentencing instructions for First Degree Robbery, the court recognized a clear error since the jury was told wrong information about the possible sentence. They found that the minimum prison term should have been five years instead of ten. Because of this mistake, Jasper’s sentence for First Degree Robbery was modified. Other claims by Jasper about unfair evidence and the effectiveness of his lawyer did not convince the court to overturn his other convictions. The court believed that, aside from the sentencing issue, his trial was fair overall. At the end, the court kept Jasper’s convictions for Conspiracy, Kidnapping, and Attempted First Degree Rape as they were but changed his sentence for First Degree Robbery to five years. Thus, the court’s decision was mostly in favor of maintaining the original verdict and just correcting the sentencing issue.

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F-2013-327

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In OCCA case No. F-2013-327, Claude M. Byrd, III appealed his conviction for conspiracy to commit robbery, robbery with a firearm, and kidnapping. In an unpublished decision, the court decided to reverse the conviction for kidnapping in Count 9 while affirming all other judgments and sentences. One judge dissented. In this case, Byrd was found guilty in a trial without a jury. He had several charges against him, which included conspiracy to commit robbery, robbery, and kidnapping. The court sentenced him to serve five years for conspiracy, fifteen years for robbery (with part of that suspended), and ten years for each kidnapping charge, all to be served at the same time. Byrd argued that the evidence against him was not enough to prove he committed robbery against two people and that he was unjustly punished for multiple kidnapping charges. He claimed that his lawyer didn’t do a good job defending him and that some evidence used in his trial should not have been allowed. When the court looked at the evidence, they decided that Byrd was involved in the crimes even if he wasn't the one who took the items. His actions during the robbery could hold him responsible for the other crimes that happened afterward, like kidnapping people in the apartment. Regarding his claims of double punishment, the court found that Byrd's actions involved separate victims and crimes that did not violate the law against multiple punishments. However, they agreed that one of his kidnapping charges was too closely related to a robbery charge for Gonzalez, leading to the reversal of that specific conviction. The court concluded Byrd's lawyer did not fail in a significant way that would change the outcome of the trial. They also determined that the trial judge had not made mistakes in allowing certain evidence or in sentencing him. In the end, Byrd lost his appeal for most charges, but the court reversed the kidnapping conviction for one of the victims.

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F-2012-1126

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In OCCA case No. F-2012-1126, Kevon Andra McLaren appealed his convictions for robbery with a firearm and conspiracy to commit robbery with a firearm, among other charges. In a published decision, the court decided to reverse one of the counts of kidnapping while affirming the other convictions. One judge dissented. In the case, McLaren was found guilty of several serious crimes, including robbery, kidnapping, and shooting with intent to kill. The court focused on multiple offenses he committed against several people, determining that some of the convictions did not violate laws against double punishment because they were for different acts against different victims. However, they found one of the kidnapping charges was too similar to a robbery charge; thus, they reversed that particular conviction. Additionally, McLaren challenged the trial court’s decision to order restitution, claiming it did not follow proper procedures. However, the court ruled that he did not raise this issue correctly and that there was enough evidence to support the restitution ordered for the victims. Overall, while the court reversed one conviction, most of McLaren's convictions and sentences were upheld.

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F-2012-167

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In OCCA case No. F-2012-167, Bryan Decheveria Aragon appealed his conviction for robbery with a firearm, assault and battery with a dangerous weapon, conspiracy to commit a felony, burglary in the first degree, kidnapping, and possession of a firearm in the commission of a felony. In an unpublished decision, the court decided to affirm some of Aragon's convictions but reversed others. One judge dissented. Aragon was found guilty of several serious charges, including robbery, assault, and kidnapping, after a jury trial in the District Court of Cleveland County. The jury handed down various sentences, adding up to a long term in prison. Aragon argued that errors occurred during his trial, including the prosecution calling co-defendants who refused to testify, which he claimed violated his rights. He also pointed out concerns about the prosecutor’s conduct and whether he faced multiple punishments for the same criminal act. The court found that the prosecutor’s decision to call the co-defendants did not require a reversal. Even though the co-defendants didn’t answer every question, they provided some responses and were available for cross-examination. Therefore, this did not infringe upon Aragon’s rights. The court also ruled that any claims regarding prosecutorial misconduct did not significantly impact Aragon's fair trial. However, the court acknowledged that Aragon’s conviction for possessing a firearm during a felony had to be dismissed, as it did not comply with legal standards. The kidnapping charge was also reversed because it arose from the same act as the robbery, which meant that it violated rules against double punishment. On the other hand, the charges for robbery and assault were allowed to stand since they were considered separate actions. In summary, the decision affirmed most of the judgment and sentences but reversed those related to kidnapping and possession of a firearm.

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F-2012-08

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In OCCA case No. F-2012-08, Ralph T. Smith, Jr. appealed his conviction for kidnapping, first-degree robbery, attempted rape, forcible sodomy, first-degree rape, and unlawful possession of a controlled drug. In an unpublished decision, the court decided to modify his sentence on Count I to ten years imprisonment and to remove post-imprisonment supervision from Counts III, IV, and V. One judge dissented. **Summary of the Case:** Ralph T. Smith, Jr. was found guilty of serious crimes against a 76-year-old woman, R.C., after they met at a casino. Smith initiated a friendly interaction with R.C., who ended up offering him a ride. However, he then assaulted her and committed various violent acts, including attempted rape, forcible sodomy, and robbery. The jury sentenced Smith to long prison terms for each conviction. **Key Facts:** - During a day at the casino, Smith befriended R.C. and, after some time, manipulated her into giving him a ride. - Smith then forcibly assaulted R.C. at her house and later at a motel. - After the incident, R.C. reported the crime to her family and the police. **Legal Issues:** 1. **Speedy Trial**: Smith argued that his right to a speedy trial was violated according to the Interstate Agreement on Detainers Act. The court reviewed the timeline of events and denied his claim, stating that the time delays were justified. 2. **Sentencing Instructions**: Smith contested that the jury was improperly instructed about the potential punishment. The court agreed there was an error and modified the sentences accordingly. 3. **Ineffective Assistance of Counsel**: He claimed that he did not get adequate legal representation, particularly related to the sentencing instructions. The court noted that this claim was valid but remedied through the sentence modifications. 4. **Prosecutorial Misconduct**: Smith argued that the prosecutor's comments during closing arguments were inappropriate. The court found the comments were not severe enough to undermine the fairness of the trial. 5. **Jurisdiction**: Smith questioned whether the court had jurisdiction over some charges since the crimes occurred in different counties. The court ruled that jurisdiction was proper because the kidnapping and subsequent crimes were closely connected. 6. **Pro Se Brief**: Smith attempted to submit additional complaints without sufficient support from his attorney. The court denied this attempt due to failure to follow proper procedures. In conclusion, while Smith's sentence modification was granted throughout the appeals process, the court maintained that he was rightly convicted and that the initial trial was fair despite some errors.

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F-2011-877

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In OCCA case No. F-2011-877, Dennis Lynn Miller appealed his conviction for multiple offenses, including child sexual abuse, first-degree rape, forcible oral sodomy, attempted first-degree rape, kidnapping, assault with a dangerous weapon, and intimidation of a witness. In an unpublished decision, the court decided to affirm his convictions for counts one through six and eight, while reversing and remanding count seven for dismissal. One judge dissented. Miller was convicted after a jury trial in Muskogee County, where he faced serious accusations of abusing his adoptive daughter, L.M. The abuse began when L.M. was around thirteen years old, involving both physical violence and sexual acts that lasted for several years. Miller's conduct included threats of violence to control L.M. during these acts, which left her frightened and unwilling to report the abuse. L.M. eventually confided in a friend, and authorities were contacted, leading to a police investigation that confirmed multiple instances of abuse. Although Miller challenged the admissibility of certain evidence related to his past behavior and the sufficiency of the evidence supporting his convictions, the court determined that the substantial evidence supported the jury's decisions. The court acknowledged that some evidence may not have been properly objected to during trial, but found that the lack of objections by defense counsel did not significantly harm Miller's case, as the victim's testimony was clear and credible. The court ultimately ruled that Miller's conviction for assault and battery with a dangerous weapon should be reversed as the evidence did not support that a dresser was used in a manner that constituted a dangerous weapon. In summary, the court upheld most of Miller's convictions while dismissing one, citing the overwhelming evidence against him and the credibility of the victim's testimony.

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F-2010-644

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In OCCA case No. F-2010-644, Jones appealed his conviction for kidnapping, possession of cocaine, and possession of drug paraphernalia. In a published decision, the court decided to affirm the convictions but vacate the fine related to the drug paraphernalia charge. One judge dissented. Jones was found guilty after a jury trial in which he faced several charges, including kidnapping and drug offenses. The jury sentenced him to thirty years for the kidnapping and twenty years for the cocaine possession, with the drug paraphernalia charge resulting in one year and a $1,000 fine. In his appeal, Jones raised multiple issues, including whether the jury was properly instructed, if his trial was fair, and if his lawyer was effective. He specifically challenged how the trial was conducted regarding the instructions given to the jury and the evidence allowed by the court. The court found that the jury had been adequately instructed and that any mistakes made in the instructions did not affect the final outcome of the trial. While it agreed that the jury was improperly instructed about determining punishment in a bifurcated trial for the misdemeanor charge, it noted that all of his sentences ran concurrently, which reduced the impact of that error. Jones also argued that introducing evidence of his other crimes was unfair, but the court decided that this evidence was relevant and crucial for the jury to understand the context of the case. As for his claim of ineffective assistance of counsel, the court ruled that Jones failed to demonstrate how his lawyer's performance was deficient or how it affected the outcome of his trial. The court concluded that the evidence was sufficient for the charges against him and found that his sentences were appropriate, rejecting his claim that they were excessive. Finally, when considering if the combined errors denied him a fair trial, the court decided that the errors did not undermine his conviction, except for vacating the fine of $1,000 for the drug paraphernalia charge. Overall, the court affirmed the convictions for kidnapping and possession of cocaine but made one adjustment regarding the fine for the drug paraphernalia charge due to a procedural issue.

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F-2010-547

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In OCCA case No. F-2010-547, Berry appealed his conviction for Lewd Molestation and Kidnapping. In an unpublished decision, the court decided to uphold Berry's conviction for Lewd Molestation but reversed his conviction for Kidnapping. One member of the court dissented. Berry was found guilty by a jury of Lewd Molestation and Kidnapping in Tulsa County. The case involved a two-year-old girl who wandered away from her home and encountered Berry. Witnesses saw Berry beckon the girl to his truck, pick her up, and drive away. Police later found the girl in Berry's truck, seemingly unresponsive, although no definitive physical harm or evidence of sexual assault was found. Berry argued that he should not have been punished for both crimes because the acts of Lewd Molestation and Kidnapping were connected and arose from the same action. The court agreed that the crimes involved the same incident when Berry took the girl, thus violating Oklahoma's law against double punishment. They affirmed the Lewd Molestation conviction but reversed the Kidnapping conviction, indicating the offenses were inseparable in this instance. One judge disagreed, believing that the Kidnapping and Lewd Molestation were distinct, separate crimes, and thus both should stand.

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J-2011-462

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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.

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C-2010-765

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In OCCA case No. C-2010-765, Polk appealed his conviction for multiple counts including Child Sexual Abuse, First Degree Rape by Instrumentation, Kidnapping, and Lewd Molestation. In an unpublished decision, the court decided to grant his appeal in part by reversing and dismissing the conviction for Lewd Molestation but affirmed the other convictions. One judge dissented.

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F-2010-267

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In OCCA case No. F-2010-267, James Lyman Mahaffey appealed his conviction for Assault & Battery with a Deadly Weapon, Kidnapping, and Possession of Firearm After Conviction. In a published decision, the court affirmed the convictions but modified the sentences to be served concurrently instead of consecutively. One judge dissented. Mahaffey was accused and found guilty of serious crimes against his wife, including assault and kidnapping. The trial took place in the District Court of Grady County. After the jury convicted him, the judge sentenced him to life in prison for the assault, 10 years for the kidnapping, and 6 years for possession of a firearm, all lined up to be served one after the other, or consecutively. Mahaffey asked to represent himself during the trial, which means he wanted to defend himself without a lawyer. He argued that the court should not have allowed him to do this because he didn't clearly understand the risks involved in self-representation. However, the court decided that he was competent to represent himself and had made an informed decision. They had warned him that representing himself could be risky and could lead to mistakes that might change the outcome of the trial. During the trial, Mahaffey raised some claims against the prosecutor's behavior. He argued that the prosecutor acted unfairly by making comments that may have influenced the jury. For instance, Mahaffey claimed the prosecutor misrepresented the meaning of a life sentence and made other comments that distracted from the trial's fairness. However, the court concluded that while there were some mistakes made by the prosecutor, they were not serious enough to change the outcome of the case concerning his guilt. Despite this, the court found that the conduct during sentencing raised concerns about the fairness of the sentencing itself. The jury specifically asked about how the sentences would be served, indicating they were worried about the total time Mahaffey would spend in prison. Because of this, although Mahaffey’s convictions were upheld, the court changed the sentences to allow them to be served concurrently, meaning all the prison time would be served at the same time rather than one after the other. Ultimately, the court's decision meant Mahaffey would still have to serve his time, but the way his sentences were structured was altered to be less severe. The case was sent back to the lower court to fix the official documents to reflect that change in sentencing.

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C-2010-287

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In OCCA case No. C-2010-287, Juan Carlos Hernandez-Montanez appealed his conviction for multiple crimes including Second Degree Burglary, Kidnapping, and Assault with a Dangerous Weapon. In a published decision, the court decided to modify his ten-year sentence for Second Degree Burglary to seven years but upheld the rest of the convictions and sentencing. One judge dissented regarding the review process. Hernandez-Montanez was initially charged with many serious crimes but agreed to a plea deal that changed the charges. He pleaded guilty to the amended counts and was sentenced to serve a total of time in prison and jail. After a short period, he wanted to take back his guilty plea, claiming it wasn't done correctly. The case was reviewed, and the court looked closely at the reasons Hernandez-Montanez gave for wanting to withdraw his plea. He said his ten-year sentence was too long and that the court did not fully check if he understood his guilty plea. He also claimed he did not get proper help from his attorney during the process. After reviewing everything, the court found that Hernandez-Montanez's arguments did not hold up. They decided that there was a good reason to accept his guilty plea and that he understood what he was doing. The court modified one part of his sentence but left the rest as it was. The judges agreed on most points, but one judge had a different opinion about some legal processes.

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F-2009-15

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In OCCA case No. F-2009-15, Alfred Burke, Jr. appealed his conviction for Kidnapping and Forcible Oral Sodomy. In an unpublished decision, the court decided to affirm his conviction but modified his sentence. One judge dissented. Burke was found guilty in Oklahoma County and received a very long sentence of 273 years for each crime, to be served one after the other. This was due to previous convictions he had. Burke disagreed with his punishment and claimed there were several mistakes made during his trial. He argued that a law he was judged under was unfair and went against his rights. He also said that evidence from a previous case should not have been shown in court. He thought his sentence was too harsh and believed that evidence from other crimes made the trial unfair. Finally, he believed that all the errors combined made it impossible for him to have a fair trial. The court looked closely at all of Burke's arguments. They found that the law he challenged was not unconstitutional. Most of the evidence against him was strong, especially the testimony from the person he victimized and DNA proof of his actions. However, the court agreed that showing evidence of his past crime likely impacted the jury's choice on punishment more than it should have. As a result, they changed his punishment to life imprisonment for both crimes, but now those sentences would be served at the same time instead of one after the other. The judges concluded that while there were some mistakes, they did not think these mistakes were enough to change his convictions. One judge did not agree with changing the sentences at all, believing the previous evidence was important for the case.

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C-2008-938

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In OCCA case No. C-2008-938, William Eugene Henderson appealed his conviction for multiple crimes including robbery, shooting with intent to kill, kidnapping, larceny of an automobile, third-degree arson, and assault and battery with a dangerous weapon. In a published decision, the court decided that Henderson's pleas of guilty were knowing and voluntary, affirming the sentences for most of the counts. However, the court found that the kidnapping charge was not separate from the robbery and reversed that conviction, ordering it to be dismissed. One judge dissented on the issue of the kidnapping conviction.

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F-2008-579

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In OCCA case No. F-2008-579, Thomas Clinton Ledgerwood appealed his conviction for Maiming, Domestic Abuse Involving Great Bodily Injury, and Kidnapping. In an unpublished decision, the court decided to reverse Ledgerwood's conviction for Kidnapping and affirm the other convictions. One judge dissented.

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F-2008-763

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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.

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F-2008-60

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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.

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F-2008-381

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In OCCA case No. F-2008-381, Cecil Ray Johnson appealed his conviction for kidnapping. In an unpublished decision, the court decided to reverse the conviction and remand for a new trial. One judge dissented. Cecil Ray Johnson was found guilty of kidnapping and received a 20-year prison sentence. He argued that there was not enough evidence to prove he committed the crime of kidnapping. He also said that evidence of other crimes should not have been allowed in the trial because it did not have a clear connection to the kidnapping charges. The court agreed with Johnson on the second point. They explained that evidence of other crimes can sometimes be used, but it must be relevant to the case at hand. In this situation, the evidence of Johnson’s past acts was too old and did not clearly connect to the kidnapping charge. The court said that using this evidence could unfairly influence the jury against Johnson. Because of the problems with the evidence, the court found that Johnson did not receive a fair trial. Even though they thought there was enough evidence for his conviction, they had to reverse the decision because it was unfair to include the other crimes evidence. In conclusion, the judgment was reversed, and the case was sent back for a new trial to ensure Johnson gets a fair chance in court. One judge disagreed with this decision, believing that the evidence of other crimes was relevant to show Johnson’s intent.

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F-2007-767

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In OCCA case No. F-2007-767, Walter Roundtree appealed his conviction for robbery with a firearm, kidnapping, first-degree rape, and forcible sodomy. In an unpublished decision, the court decided to modify his sentences to run concurrently. One member of the court dissented. Walter Roundtree was charged with committing serious crimes, including robbery and rape. After a jury trial, he was found guilty and received various sentences that totaled quite a bit of time in prison. All of his sentences were set to run one after the other, which means he would have to serve them one at a time. Roundtree argued that the judge should have considered allowing his sentences to run at the same time instead. The law allows judges to decide whether sentences can be served concurrently or consecutively. However, the judge in this case had a rule that if someone chose a jury trial and lost, all their sentences would go one after the other. This policy was seen as potentially wrong because it might discourage people from exercising their right to have a jury trial. The court looked closely at this situation and decided that the judge had indeed abused his discretion by not even considering the option of concurrent sentences. Because of this, Roundtree's sentences were changed so that he would serve them at the same time instead of one after the other. The court also discussed some other issues Roundtree raised, such as not getting credit for the time he spent in jail waiting for his trial and the $500 fine that was added to one of his sentences. The court found that the trial didn't violate his rights in these areas, so they upheld the trial's decision regarding those matters. In the end, the court confirmed the conviction but made changes to the way the sentences were to be served, allowing them to be concurrent instead of consecutive.

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F-2006-1282

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In OCCA case No. F-2006-1282, Michael Ralph Conroy appealed his conviction for several serious crimes, including first-degree rape, kidnapping, and domestic abuse. In an unpublished decision, the court decided to affirm his convictions but ordered a new sentencing hearing. One judge dissented, agreeing with the convictions but opposing the need for resentencing. Conroy was found guilty after a jury trial that reviewed evidence against him. He received significant prison time, amounting to 50 years for most of his charges and a year in jail for the domestic abuse charge, along with a fine. During the appeal, Conroy argued various issues, including the admission of evidence related to other crimes, the authenticity of certain exhibits, and the overall lack of evidence supporting his conviction. He also claimed that some evidence presented at trial was not allowed by law and that he did not receive effective legal representation. The court examined all of these arguments. They found that the evidence admitted during the trial was relevant and showed Conroy's guilt, including letters he wrote that indicated his intent to influence witness testimony. The report concerning the sexual assault was also deemed admissible because it fell under a specific exception to regular rules about hearsay. However, the court acknowledged a mistake regarding jury instructions on the 85% rule, which requires certain criminals to serve a significant part of their sentences before being eligible for parole. This oversight necessitated a new hearing only for sentencing. In the end, even though the appeals court affirmed the guilty verdicts, it recognized the trial court should reconsider the sentencing due to the jury instruction error.

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F-2006-469

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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.

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