Legal Opinion

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 In an unpublished decision, the court decided that the lower court's order denying K.T.L.'s motion to be treated as a juvenile was incorrect and should be reversed.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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RE 2010-0600

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In OCCA case No. RE 2010-0600, Beau Ashley Kifer appealed his conviction for lewd molestation. In an unpublished decision, the court decided to affirm the revocation of his suspended sentences for two of the counts but reversed the revocation for the other two counts because the court did not have the authority to act on those counts since the sentences had already expired. One judge dissented.

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F-2003-1316

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In OCCA case No. F-2003-1316, Jason Van Dusen appealed his conviction for Rape by Instrumentation and First Degree Rape. In a published decision, the court decided to affirm the judgments but modify the sentences to thirty years of imprisonment for each count, to be served one after the other. One judge dissented. Van Dusen was found guilty in Blaine County after a trial. The jury decided on the sentences based on what they heard during the trial. Van Dusen raised concerns about not having a fair sentencing because information was given about parole and the length of the sentences. He also claimed that the prosecutor acted in a way that was unfair, which made his trial not just. The court looked carefully at everything from the trial and the arguments made by both sides. They agreed that the prosecutor should not have mentioned parole in the closing arguments, which is why they decided to change Van Dusen's sentences from seventy-five years to thirty years for each count, making the total time to be sixty years. The judges felt that this was a fair adjustment, considering the improper comments made during the trial.

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F-2002-1351

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In OCCA case No. F-2002-1351, Barrett appealed his conviction for First Degree Murder. In an unpublished decision, the court decided to reverse the conviction and remand for a new trial. One judge dissented. Randy Barrett was found guilty of First Degree Murder in a trial. The jury said he should go to prison for life and pay a fine. Barrett thought the judge and the jury made mistakes. He raised several points in his appeal, saying there were errors during his trial. One of the main issues was that Barrett's lawyer did not tell him about the lesser charges that he could have been found guilty of instead of First Degree Murder. Barrett felt that he didn’t understand this and claimed his lawyer gave him bad advice. Barrett wanted to fight for a chance to potentially get a lesser sentence but didn’t pursue it because he was worried his lawyer said that mentioning those charges could lead to a longer prison sentence. Barrett argued that the evidence against him didn’t really support the murder charge, especially the claim about kidnapping the victim as part of the crime. He also thought the jury saw unfair photographs that shouldn’t have been leaked during the trial, hurting his chance for a fair trial. Additionally, he believed his lawyer wasn’t allowed to explain certain details about the case, which affected the way the jury viewed his actions. The court looked carefully at Barrett’s complaint. It found that Barrett was right in saying his lawyer didn't give him good advice about applying for the lesser charges. This misguidance led Barrett to give up an important option that could have benefited him. The court pointed out that Barrett’s lawyer was confused and didn't accurately inform him about his chances for parole based on different sentences. Because of these mistakes by his lawyer, the court decided that Barrett deserved another trial to get a fair chance. They reversed the earlier decision and sent the case back to start again. One judge disagreed with this choice, believing that Barrett was a smart individual who made a choice in consultation with his lawyer and understanding the risks.

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C-2003-848

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In OCCA case No. C-2003-848, Todd Wayne McFarland appealed his conviction for Sexual Battery and Rape by Instrumentation. In an unpublished decision, the court decided to allow McFarland to withdraw his plea due to being denied effective assistance of counsel. One member of the court dissented. McFarland had entered a no contest plea after being told by his attorney that he could receive a deferred sentence. However, it turned out that he was not eligible for this type of sentence. McFarland argued that he would not have pleaded no contest if he had known the correct information. After reviewing all the records and evidence, the court agreed that McFarland’s attorney had given him incorrect advice and that this affected his decision to plead. Therefore, the court felt he should be allowed to change his plea.

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