Legal Representation

F-2012-703

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In OCCA case No. F-2012-703, Heather Ann Jones appealed her conviction for Second Degree Murder, Robbery Committed by Two or More Persons, Conspiracy to Commit Robbery, and Child Neglect. In an unpublished decision, the court decided to reverse the conviction for Robbery but otherwise affirmed the Judgment and Sentence from the District Court. One judge dissented. Heather Ann Jones was found guilty after a jury trial in Sequoyah County. The jury sentenced her to fifteen years for Second Degree Murder, five years for Robbery, a fine for Conspiracy to Commit Robbery, and one year in jail for Child Neglect, with all sentences running at the same time. Jones raised several issues on appeal. First, she questioned whether there was enough evidence to support her convictions. The court found that the evidence was sufficient to support the jury's decisions, as it showed that Jones knew her accomplices intended to commit robbery. Even though initially the victim let them in, it was shown that they used deception to gain entry, which made their actions unlawful. Second, Jones argued that it was wrong for the trial court to allow testimony about her behavior during a TV interview after her daughter was shot. The court found that while the video of the interview was inadmissible, the investigator’s testimony about her demeanor did not count as hearsay and did not unfairly affect the trial. Jones also claimed that statements made by a witness to the police were wrongly admitted, claiming it deprived her of a fair trial. Despite the admission being deemed an error, the court ruled that since the witness testified in court about the same things, the error did not impact the outcome significantly. Jones's objection to some character evidence used against her related to her behavior following her daughter’s shooting was dismissed, as the court believed it directly supported the charge of Child Neglect. She also argued that being convicted for both Robbery and Second Degree Murder was unfairly punishing her twice for the same act. The court agreed, finding that the acts were part of the same crime, so they reversed her conviction for Robbery. In terms of ineffective assistance of counsel, Jones claimed her lawyer should have objected to several pieces of evidence, including the TV interview, police statements, and character evidence. The court ruled that her lawyer's performance did not prejudicially affect the outcome because the decisions were matters of which objections would not have made a difference. Finally, Jones asked for a review of all issues together, hoping that their combined impact on her trial would show that she did not receive a fair trial. However, the court found the errors were not enough to change the outcome. Overall, the court reversed Jones's conviction for Robbery but affirmed the rest of her convictions and sentences.

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RE-2012-0835

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In OCCA case No. RE-2012-835, Lon Adam Smith appealed his conviction for assault and battery with a dangerous weapon, domestic abuse, and possession of a firearm after a felony conviction. In a published decision, the court decided to reverse the sentences and send them back to the district court for changes. One judge dissented. The case involved three separate convictions against Lon Adam Smith, who had initially entered pleas of no contest to the charges. His sentences were suspended as long as he successfully completed certain rehabilitation programs. However, after some time, the state claimed Smith had not followed through with these programs, which led to a hearing where Smith admitted to the violations. During the revocation hearing, the judge revoked Smith's suspended sentences and imposed longer terms of imprisonment, which raised concerns about whether these new sentences were valid given the original ones. The main issue was that the original sentences had been improperly processed. The judge had not followed the correct procedures for delaying the imposition of sentences as required by law. The court found that Smith's original sentences were improperly extended due to the judge's actions at the revocation hearing. It was determined that since Smith's initial sentences were set on a specific date, any new sentences imposed could not exceed the original terms. Therefore, the court ruled that the revocation sentences needed to start from the date of the original sentences. In the end, the court reversed the judge's decision, which meant that Smith's sentences had to be adjusted to reflect the proper starting dates and terms. The court ordered the district court to amend the sentences accordingly. This decision helps ensure fairness in the legal process and clarifies how long someone can be sentenced for violations of probation.

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F-2012-559

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In OCCA case No. F-2012-559, Henry James, Jr. appealed his conviction for unlawful possession of cocaine and marijuana, and possession of drug paraphernalia. In an unpublished decision, the court decided to reverse his conviction for unlawful possession of marijuana but affirmed his convictions for unlawful possession of cocaine and drug paraphernalia. One judge dissented. Henry James was charged with having drugs, specifically cocaine and marijuana, and drug paraphernalia in Tulsa County. The charging document combined the possession charges into one count but listed two theories: possession of cocaine (a felony) and possession of marijuana (a misdemeanor). During the trial, the judge split these theories into separate charges for the jury to consider, leading to a verdict of guilty for both. As a result, James received sentences for both charges but they would run at the same time, so he didn't serve extra time. James felt it was unfair that he was found guilty of two crimes from what started as one charge. The court agreed that it was wrong to give him two convictions based on a single charge since the state didn't give him notice that he could face more than one conviction. They noted that James was not properly informed that he could be punished for both drugs, which could lead to confusion. The court decided to dismiss the conviction for unlawful possession of marijuana because of this error. However, they believed his sentence for unlawful possession of cocaine was fair and appropriate, so they did not change that. James also argued that admitting certain information could have negatively affected his case, but the court disagreed and found no significant error from that. Overall, James's judgment for unlawful possession of cocaine and drug paraphernalia was confirmed, but the marijuana conviction was overturned.

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M-2012-416

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In OCCA case No. M-2012-416, #1 Richard Allen House II appealed his conviction for #2 Unlawful Possession of Drug Paraphernalia. In an unpublished decision, the court decided #3 to reverse the conviction and send the case back for further proceedings. #4 One judge dissented. Richard Allen House II was found guilty after a trial without a jury. He was charged for having drug paraphernalia, which is against the law. The judge sentenced him to pay a fine of $250 and spend a year in jail, but he only had to serve 60 days in jail because the rest of his sentence was suspended as long as he followed certain rules. At the beginning of the case, Richard asked the court for a lawyer to help him, and the court agreed. However, later, his attorney wanted to stop helping Richard because they thought he could pay for a private lawyer. This happened after Richard posted bail and was said to be employed. But there was confusion because it was not clear whether the money was for this case or another case he had. Richard ended up representing himself, which means he did not have a lawyer to help him during the trial or the sentencing. After his trial, he asked for a lawyer to help with his appeal, but the judge did not appoint one, saying Richard had enough money to pay for a lawyer himself. This decision was questioned because there was no proper record showing that Richard understood he could still get a lawyer even though he had posted bail. Richard argued that it was wrong for his lawyer to leave and for him to have to represent himself without really understanding what that meant. The State, which is the side that brought the case against him, agreed that there was a problem because there was no formal record to show that Richard had given up his right to a lawyer. The court referred to earlier cases that showed it is important for defendants to have lawyers. If they can't pay for one, they must be given a lawyer unless they clearly waive that right. Since the proper steps weren't taken in Richard's case, the court decided his conviction should be reversed. They sent the case back to the lower court so they could decide if Richard still needed a lawyer or if he had given up that right properly. In summary, the decision noted that everyone deserves a fair chance to defend themselves with legal help, and if they can't afford a lawyer, they should still get one if they need it. The court made it clear that without the correct procedures being followed, they could not allow the conviction to stand.

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C-2012-1165

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In OCCA case No. C-2012-1165, the petitioner appealed his conviction for Child Abuse or, in the alternative, Enabling Child Abuse. In an unpublished decision, the court decided to remand the case for an evidentiary hearing with conflict-free counsel. One judge dissented. Gabriel Brian Solis entered a type of guilty plea called an Alford plea, where he did not admit guilt but accepted a sentence possibility. He was sentenced to 80 years in prison and a $100 fine. Solis later wanted to take back his plea and filed a request to withdraw it, but this request was denied after two hearings where no real evidence was presented. The court noted that Solis did not get a fair chance to prove why he wanted to withdraw his plea, as he did not have a proper evidentiary hearing where witnesses could provide testimony or be questioned. It was also noted that during the hearing, Solis's attorney might have had a conflict of interest, which meant he could not represent Solis effectively. The court found that the trial judge did not allow enough evidence or witness testimonies at the hearings. Because of these issues, the case was sent back to the lower court so that Solis could have a proper evidentiary hearing with a new, conflict-free attorney. The remaining claims in Solis's appeal were no longer considered necessary since the hearing was to be redone.

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F-2012-478

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In OCCA case No. F-2012-478, Michael Ray Baack appealed his conviction for Unlawful Possession of a Controlled Dangerous Substance and Public Intoxication. In an unpublished decision, the court decided to affirm the judgment and sentence of the District Court while remanding the case to correct the judgment regarding the fine on Count 1. One member of the court dissented. Michael Ray Baack was found guilty by a jury in Canadian County for having controlled substances and for being publicly intoxicated. The jury decided that he should serve eight years in prison and pay a $2,000 fine for the drug charge, along with thirty days in jail for public intoxication. The judge ordered both sentences to be served one after the other but waived the fine on the drug charge. Baack raised several questions on appeal. He argued about the evidence being enough to convict him of the drug charge, how other crimes were presented during the trial, the lack of instructions on a lesser drug offense, the fine, and whether his sentence was too harsh. 1. The court found that the evidence showed Baack had knowingly possessed drugs. The jury had enough proof to make a logical decision based on the facts presented. 2. About the other crimes evidence, the court mentioned that Baack had introduced his prior record himself, so he could not complain about that during the appeal since it was his choice to bring it up. 3. Baack's request for a lower charge on drug paraphernalia was not granted because he claimed he was innocent. The court said that when someone claims they did not do something, they cannot ask for lesser charges. 4. The fine for the drug charge was waived, and both Baack and the state agreed that the case should go back to the lower court to correct the documents to show there was no fine. 5. The claim that Baack was hurt by showing his previous felony conviction was denied because it did not affect the outcome of the case. The court stated that the sentences were appropriate and followed the law. In conclusion, the court upheld the findings of the lower court and noted there was no need for a new trial or changes to the verdicts, except for correcting the issue with the fine.

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F-2012-236

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In OCCA case No. F-2012-236, #Jonathan Bear Robe Nahwooksy appealed his conviction for #First Degree Rape and Second Degree Rape by Instrumentation. In an unpublished decision, the court decided #to affirm the conviction but modified the sentence. Nahwooksy was originally sentenced to thirty years imprisonment for First Degree Rape and five years for Second Degree Rape by Instrumentation; however, the court changed the thirty-year sentence to twenty years and ordered both sentences to be served at the same time instead of one after the other. During the trial, Nahwooksy was found guilty of raping his second cousin, K.M., who was fourteen at the time. The case revolved around whether the sexual encounter was forced or consensual. The prosecutor's conduct throughout the case led to concerns about the fairness of the trial. Specifically, the prosecutor made inappropriate comments during the trial that seemed to create sympathy for K.M. and portrayed herself and the investigating officer as champions of justice. The court examined the prosecutor's behavior and found that it went beyond acceptable limits, especially when she made personal comments and depicted herself as fighting for victims. While there was enough evidence for the jury to find Nahwooksy guilty, the court believed that the prosecutor's misconduct during closing arguments likely affected the jury's decision on sentencing. In conclusion, while the conviction was upheld, the court decided to reduce Nahwooksy's sentence to ensure fairness in light of the errors made during the trial. #None dissented.

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F-2011-473

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In OCCA case No. F-2011-473, Joseph Randal Arndt appealed his conviction for Robbery with a Firearm. In a published decision, the court decided that Arndt's right to cross-examine his co-defendant was denied, which required a reversal of his conviction and a new trial. One judge dissented. The case involved Arndt, his co-defendant, and another man who planned to buy marijuana from a person named Ouni. Instead of a legal transaction, things turned violent when Arndt's accomplice pulled a gun and shot Ouni when he thought he was cheated. Arndt was in the car during this event and was accused of participating in the robbery. During the trial, Arndt argued that he should have been allowed to question his co-defendant about important details that could affect his case. These details included accusations that Arndt had a shotgun and was told to push Ouni out of the vehicle. Arndt's lawyer objected when this information was presented during the trial, but the judge denied the request to cross-examine the co-defendant. Arndt maintained that both he and the co-defendant claimed to have no knowledge of any robbery plan. When the co-defendant testified against Arndt, the court should have allowed Arndt to cross-examine him. The court found that the judge's failure to do so was a serious error that harmed Arndt's rights. In conclusion, the decision emphasized that when someone testifies against you in court, you have the right to question them. Since Arndt was not given this opportunity, the court decided that he deserves a new trial where he can fully defend himself.

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F-2011-866

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In OCCA case No. F-2011-866, Emanuel D. Mitchell appealed his conviction for Murder in the First Degree and Conspiracy to Commit a Felony (Robbery with a Dangerous Weapon). In a published decision, the court decided to reverse and remand Mitchell's case for a trial where he may be allowed to represent himself. One judge dissented. This case began when Mitchell was found guilty of murder and conspiracy after a jury trial. He was sentenced to life in prison for the murder and 35 years for conspiracy, along with an additional 10 years for unauthorized vehicle use. Mitchell appealed, stating four main reasons why he believed his conviction should be overturned. First, Mitchell claimed that he was not allowed to represent himself during his trial, which he argued violated his rights. He believed he could defend himself better than his attorney. However, the court denied his request for self-representation, stating that it was not in his best interest. The court should have ensured that he was fully aware of the potential risks associated with representing himself before denying his request. Second, Mitchell argued that the laws applied to him during his murder prosecution were not supported by the evidence presented. He believed his rights were violated, which would require the court to dismiss the murder charge. Third, Mitchell stated that he was not allowed to present a full defense in court, suggesting that this was an unfair violation of his rights. Finally, he claimed that his attorney did not provide effective assistance, which is a right guaranteed by law. After reviewing all the information in the case, the court found that Mitchell's first argument was valid. It concluded that the trial court had wrongly denied his request to represent himself and that this mistake warranted a reversal of his conviction. They remanded the case back to the lower court so Mitchell could exercise his right to defend himself. Although the court found that the felony-murder charge against Mitchell was valid, and that there was no error in the jury instructions about the defenses, they acknowledged that these points were not the main issue due to the ruling on self-representation. Consequently, the matter about ineffective counsel was deemed moot. The final decision was to reverse the current judgments against Mitchell and send the case back to start fresh, allowing Mitchell the opportunity to represent himself.

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F-2011-671

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In OCCA case No. F-2011-671, Cruz appealed his conviction for Assault and Battery with a Dangerous Weapon. In an unpublished decision, the court decided to affirm his conviction and sentence. One judge dissented. Cruz was found guilty because he used a knife to attack another person. The main question was whether he acted in self-defense. The jury believed that Cruz was the aggressor and that the victim was unarmed when he was attacked. Cruz said he acted in self-defense, but the court found that the jury had enough evidence to support their decision that he did not qualify for this defense. Cruz raised several issues in his appeal. Firstly, he claimed that the evidence was not strong enough to convict him. However, the court said that the evidence was enough for a reasonable person to conclude that he was guilty without self-defense. Next, Cruz said there was a problem with how the jury was chosen and that it affected the trial. The court disagreed and said that the trial judge acted correctly when explaining how long the trial would take. Cruz also mentioned that he should have been credited for the time he spent in jail before the trial. The court agreed that this was an important point but noted there was no written record of this credit. However, they decided the case should be sent back to the lower court to correct this and make sure he received proper credit. He argued about the restitution order, saying the court should have determined how much he needed to pay. The court stated there was no error because a hearing was scheduled to decide on restitution after he was released. Cruz felt that the sentence he received was too harsh and that the fee for his attorney was excessive. The court ruled that the sentence was fair considering the crime and that the attorney fee would be reviewed later to check if it needed to be lowered. Lastly, Cruz claimed all the mistakes added up to mean he did not have a fair trial. The court ruled there were no real errors, so this point did not apply. In conclusion, the court confirmed the conviction and sentence but ordered that Cruz's sentence be revised to include credit for time served.

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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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C-2012-381

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In OCCA case No. C-2012-381, #1 appealed his conviction for #2. In a (published) decision, the court decided #3. #4 dissented. Gary Alan Stine took an Alford plea, which means he didn't admit guilt but accepted the punishment, to several serious crimes including indecent exposure and rape. He was sentenced to many years in prison, with some parts of his sentences running at the same time. Later, Stine tried to withdraw his guilty plea, claiming his sentence was unfair and that the participation of a guardian ad litem, who looks out for the interests of a child in court, negatively impacted his case. He believed this guardian acted too much like a prosecutor, which he thought was wrong. Stine also thought his lawyer did not help him properly during his case. The court looked carefully at everything, including the original records and what was said in court. They found that Stine's claims about both the guardian's role and his lawyer's performance were not valid. They noted that Stine had properly understood the charges against him and his sentence. Because of this, the court decided there wasn't enough reason to change Stine's plea or his sentence. They agreed that some parts of Stine's requests weren't even considered because they were not raised properly earlier. The court also found there was a mistake in the written document of his sentence that needed correcting, but that was just a small clerical issue, not a bigger problem with his case. In the end, the court denied Stine's petition to withdraw his plea and said they would correct the written sentence to match what was said in court.

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RE 2011-0359

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In OCCA case No. RE 2011-0359, Lorance Ridell Dever appealed his conviction for a violation of probation after pleading guilty to Assault and Battery with a Deadly Weapon. In an unpublished decision, the court decided to reverse and remand the case, meaning they disagreed with the lower court's decision to revoke his suspended sentence. One judge dissented.

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F-2011-4

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In OCCA case No. F-2011-4, Dara D. Payton appealed her conviction for Driving a Motor Vehicle While Under the Influence of Drugs, Second and Subsequent Offense. In an unpublished decision, the court decided to affirm the order of deferment from the District Court. One judge dissented. Payton was found guilty after a bench trial, which is a trial without a jury. The judge decided not to give her a final judgment or sentence right away, instead deferring it for five years. Payton appealed this decision, raising three main points. First, she argued that her arrest should not have happened because it was made outside the officer's jurisdiction, and the officer did not follow the rules for making a citizen's arrest. Second, she claimed that she should not have to pay certain costs and fees because she relies only on disability benefits for her income. Third, she said the written order of deferment did not match what the judge said in court. The court found that Payton's arrest was legal. Even though the officer was outside his normal area, the court believed he was justified in his actions due to fresh pursuit, meaning he was actively following Payton because he saw her breaking the law. The judge stated that the officer followed Payton, observed her erratic driving behavior, and called for more help when Payton could not pass a sobriety test. The arrest was determined to be lawful under the circumstances. Regarding the costs and fees Payton questioned, the court said it could not decide the issue because she had not properly followed the procedures to dispute them. Payton did not request a hearing or show evidence about her financial situation to the court, making it unclear if the costs should be adjusted. For the written deferment order, the court acknowledged that it did not accurately represent what the judge had said. They decided to send the case back to the District Court to fix these errors so that the written order matched what the judge had pronounced in court, specifically that the deferment period would end on December 11, 2015, and that the supervision by the district attorney would only last for the first two years. In summary, while the court agreed with the deferment and found Payton's arrest valid, they also recognized the need to correct the written order to reflect the judge's original statements properly. The judge's conclusions about the case led to an affirmation of the deferment but a remand for the clerical corrections.

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C-2011-1119

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In OCCA case No. C-2011-1119, Hollis Michael Anson appealed his conviction for Manufacturing a Controlled Dangerous Substance. In an unpublished decision, the court decided to remand the case for a proper hearing on the motion to withdraw his guilty plea. One judge dissented. Hollis Michael Anson was charged in Osage County District Court with making a controlled dangerous substance. He pleaded guilty, which means he admitted to the crime. After that, he was given a long sentence of twenty-five years in prison. Later, he wanted to take back his guilty plea, so he filed a Motion to Withdraw Guilty Plea. However, the court did not agree with his request after a hearing. In his appeal, Anson claimed there were mistakes made that affected his trial and his plea. He argued that his lawyer had a conflict of interest, which meant that his lawyer could not effectively help him. This was because the same lawyer had worked on his plea and sentencing, which made it hard for the lawyer to clearly represent Anson during the hearing to withdraw his plea. Anson believed that there wasn’t enough proof that he understood what he was pleading guilty to. He also thought that the sentence he received was too harsh. After looking closely at all the details of the case, the court agreed that there was a significant problem with Anson's representation during the motion to withdraw his plea. They found that his lawyer did not provide the help he needed because he couldn't argue properly without pointing out his own mistakes. So, the court said they would send the case back to the lower district court. There, Anson would have the chance to have a different lawyer represent him—one without any conflicts—to properly address his concerns about withdrawing his guilty plea. This was an important decision because it meant Anson would have another chance to argue his case.

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F-2011-563

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In OCCA case No. F-2011-563, Ronnie Lee Martin appealed his conviction for Trafficking in Illegal Drugs After Former Conviction of Three Felonies. In an unpublished decision, the court decided to reverse the conviction and remand for further proceedings consistent with the opinion. One judge dissented. Ronnie Lee Martin was found guilty after a bench trial, meaning there was no jury, and received a life sentence without the chance for parole. Martin's case stemmed from a traffic stop where drugs were discovered in his possession. The police officer who stopped the car noticed Martin acting suspiciously and later found a substantial amount of crack cocaine during a search of Martin's belongings. Initially, Martin was charged with possession of cocaine with the intent to distribute, which could have resulted in a sentence of four years to life. However, a plea deal of ten years was offered but not accepted due to Martin's attorney advising against it. Later, after more evidence was presented, Martin was charged with the more serious crime of trafficking, which led to a mandatory life sentence without parole. Martin claimed his attorney failed to provide effective counsel, particularly in advising him about the plea deal. The court found his attorney's performance to be deficient, as he did not read important documents that would have clarified the seriousness of Martin’s situation. Additionally, the attorney failed to prepare properly for both pretrial motions and the trial itself. The court looked at the history of Martin's defense lawyer and noted that this attorney had been previously disciplined for ineffective practices, which raised concerns about Martin's representation throughout the trial. The judge stated that Martin was denied a fair trial, and as a result, the court had no choice but to reverse the conviction and send the case back for a new trial. In summary, the court determined that due to many errors made by Martin's lawyer, he did not receive sufficient legal representation, and therefore, his convictions could not stand. Martin’s journey through the legal system was marked by these failings, which ultimately led to the court's decision to give him another chance to defend himself properly.

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C-2012-714

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In OCCA case No. C-2012-714, the petitioner appealed his conviction for larceny of merchandise from a retailer and resisting an officer. In a published decision, the court decided to affirm the conviction for larceny but to reverse and remand the conviction for resisting an officer. One member of the court dissented. The case began when Darrell Odell Golden was charged with stealing merchandise from a department store and for resisting arrest after being approached by law enforcement. Golden stole items valued over $1,000, and when police tried to arrest him, he ran away. Golden pled guilty to both charges but later wanted to withdraw his plea, arguing that he was confused about his possible sentence and that he did not understand the charges properly. The court found that while Golden’s plea for larceny was valid, his plea for resisting an officer lacked evidence of the required force or violence, which is necessary to support that charge. Therefore, the court allowed him to withdraw his guilty plea for that particular count but upheld his conviction for larceny. Ultimately, the decision meant that Golden will keep his larceny conviction and its associated penalties, but the charge of resisting an officer was overturned, allowing for further legal proceedings on that matter.

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F-2010-1079

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In OCCA case No. F-2010-1079, Dale Anthony Chambers appealed his conviction for two counts of Child Sexual Abuse. In a published decision, the court decided to reverse the judgment and remand the case for a new trial. One judge dissented. The case involved allegations made by Chambers's twelve-year-old stepdaughter against him, claiming he had sexually abused her while her mother was away. The girl testified that the abuse began in early 2009 and included inappropriate sexual acts and exposure to adult content. She ultimately revealed the abuse to her mother after first denying it, fearing punishment. Chambers's appeal centered around several arguments, particularly that he was denied his right to confront witnesses against him. This was due to the admission of evidence from a sexual assault examination report that included statements from a forensic interviewer who did not testify at trial. The court found that this violated Chambers's constitutional rights under the Sixth Amendment, which guarantees the right to confront witnesses. The court assessed whether this error affected Chambers's substantial rights and the fairness of his trial. They noted that the admission of hearsay evidence was significant and that it likely influenced the jury's verdict, as the report was specifically requested during deliberations. Since the physical evidence was not strong, the judge emphasized that the case heavily relied on the victim's testimony alone. In conclusion, the court ruled that the improper admission of evidence was not harmless and reversed the conviction, ordering a new trial for Chambers.

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F 2010-1128

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In OCCA case No. F 2010-1128, Chad Allen Turner appealed his conviction for conspiracy to manufacture a controlled dangerous substance (methamphetamine) and conspiracy to traffic a controlled dangerous substance (methamphetamine). In an unpublished decision, the court decided to reverse the conviction for conspiracy to manufacture and affirm the conviction for conspiracy to traffic. One judge dissented. Chad Allen Turner was found guilty of two crimes involving methamphetamine. He was given two years in prison for one crime and fifteen years for the other, and he was ordered to serve these sentences one after the other. Turner believed his convictions were not fair for several reasons. He argued that there was not enough evidence to prove he was guilty of conspiracy to traffic methamphetamine. He also claimed that the prosecutors did not properly show how they handled the evidence of the drugs. Additionally, he felt the prosecutors did not tell the jury about any deals made with witnesses and made mistakes during their closing arguments that hurt his chance for a fair trial. Turner raised several other points about why he thought he should not have been convicted. He argued that he was punished twice for the same crime and that he didn’t get enough notice about the charges against him. He also believed he should have been given instructions about a lesser charge related to the crime. He felt that the court made mistakes during the trial that made it hard for him to get a fair outcome. After looking at all the facts and arguments presented, the court decided that there wasn’t enough proof to uphold one of the conspiracy charges against Turner. They agreed with his argument that there was only one conspiracy agreement, which made it unfair to convict him of both conspiracy charges. Therefore, the court reversed the conviction linked to that charge. However, the court found that there was enough evidence for the conspiracy to traffic charge, and they affirmed that conviction. In the end, the court told Turner that one of the charges against him was overturned and the other charge stood. The dissenting judge had a different opinion about some parts of the decision. In summary, the court agreed to reverse one of Turner's convictions but kept the other, affecting the total time he would spend in prison.

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RE-2010-819

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In OCCA case No. RE-2010-819, Joshua Dee Taylor appealed his conviction for Assault with a Dangerous Weapon and Domestic Abuse-Assault and Battery in Presence of Minors. In an unpublished decision, the court decided to affirm the revocation of three years of his suspended sentence. One judge dissented. Joshua Dee Taylor was sentenced for two crimes: one serious and one misdemeanor. These were combined into a single sentence where he was supposed to serve time in prison but was allowed to stay out under certain rules, like not leaving Oklahoma without permission and taking his medication. However, he got into trouble after the state said he broke the rules of his probation. The state said Taylor didn’t report to his probation officer, left the state without permission, didn’t pay required fees, and had trouble with taking his medications. Because of these violations, the court held a hearing and decided that he had indeed violated the rules. The judge revoked part of his probation, taking away three years of his suspended sentence. In his appeal, Taylor claimed the judge made mistakes in deciding to revoke his probation. He argued that the written order did not match what the judge said in court and that the judge unfairly included conditions that were not agreed upon verbally. He also claimed the decision to revoke was unreasonable because his mental state made it hard for him to follow the instructions. Taylor said he could not pay the probation fees and that there were many errors made during his case. The court looked closely at his arguments. They noticed that there was an error in the written order compared to what was said in court and suggested the lower court fix this. However, they decided that even with this error, the other reasons for revoking his probation were valid, and he still broke the rules by not complying. Even though they acknowledged his points about medication and fees, they agreed that other violations were enough to support the judge’s decision to revoke his probation. They stated that he understood the rules but chose not to follow them. The appeal resulted in the court affirming the revocation while instructing the lower court to correct the paperwork.

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F-2010-651

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In OCCA case No. F-2010-651, Frank Leroy Gibson appealed his conviction for Manufacture of Controlled Dangerous Substance (Methamphetamine) and Unlawful Possession of Drug Paraphernalia. In an unpublished decision, the court decided to affirm Gibson's convictions but modified his sentence on Count I to 25 years of imprisonment instead of Life. One judge dissented regarding the sentencing modification. Gibson was found guilty by a jury of manufacturing methamphetamine and possessing drug paraphernalia after a police search of his home. The jury considered various pieces of evidence, including burned pseudoephedrine blister packs and a coffee grinder with traces of the drug. Gibson argued that there wasn't enough evidence to prove he manufactured methamphetamine, but the court disagreed, stating sufficient circumstantial evidence pointed to his involvement. Gibson also raised concerns about how the jury was instructed regarding a question they had during sentencing discussions. He claimed the response given by the judge was improper. However, the court found that the response did not negatively affect his rights. Another point of appeal involved how the State proved Gibson’s prior felony convictions. Gibson argued that the use of certain documents to establish his past convictions was wrong. The court noted he did not object to this during the trial, so it upheld the use of the documents. Gibson also claimed that his post-arrest silence was mentioned inappropriately during the trial, which could lead to unfair treatment. The court assessed this point and found that the reference did not affect the fairness of the trial overall. Gibson argued that the prosecutor acted inappropriately during the trial, making inflammatory comments and expressing personal opinions. The court examined these claims and concluded that while some comments by the prosecutor were improper, they did not affect the outcome of the trial. There was also a concern about the trial judge informing the jury that Gibson's attorney was facing criminal charges. The court acknowledged the trial court's comments were poorly chosen but ultimately decided that they did not cause significant harm to Gibson’s case. The court determined that while Gibson's sentence was initially excessive due to the previous errors and comments related to the trial, the evidence of his guilt was strong, and thus reduced his sentence on the methamphetamine charge to 25 years in prison. The possession charge remained unchanged and the sentences were to run concurrently. In conclusion, while Gibson’s convictions were upheld, the court modified his sentence for fairness considering the cumulative effects of the prosecutor's statements and the judge's comments.

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C-2010-695

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In OCCA case No. C-2010-695, Marcus Jermaine Christon appealed his conviction for multiple charges including burglary and possession of drugs. In an unpublished decision, the court decided to grant his petition for certiorari and remanded the case for a new hearing. One judge dissented.

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C-2010-1060

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In OCCA case No. C-2010-1060, Carlos David Oliver appealed his conviction for robbery with a firearm, assault with a dangerous weapon, assault while masked, and resisting an officer. In an unpublished decision, the court decided to deny his appeal in part and grant it in part. The court reversed and dismissed two of the charges: assault with a dangerous weapon and resisting arrest. The dissenting opinion was noted but did not specify details.

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C-2010-1129

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In OCCA case No. C-2010-1129, Julius Jerome Walker appealed his conviction for multiple charges. In an unpublished decision, the court decided to deny his appeal but reversed one count with instructions to dismiss. One judge dissented. Walker was charged in a District Court in Muskogee County with serious crimes including Assault and Battery and Child Abuse. He decided to plead guilty to all the charges. The judge sentenced him to life for each charge, but they would all be served at the same time. After some time, Walker wanted to change his mind and filed a request to withdraw his guilty plea. During the hearing on his request, Walker raised several reasons why he felt he deserved to withdraw his plea. He argued that his lawyer did not help him well enough during the whole legal process, which is known as ineffective assistance of counsel. He also said he was punished too many times for actions that were really just one event, and that his sentences were much too harsh. After looking closely at all of his claims and the case details, the court decided to deny his request to withdraw the plea. However, they agreed with Walker on one point: he had been punished too many times for one part of his actions, so they decided to dismiss one of the counts against him. The court found that Walker’s arguments about ineffective assistance of counsel were not strong enough to change the outcome of the case except for that one count. They explained that his lawyer’s performance did have a small mistake, but most of what his lawyer did was acceptable. Finally, regarding the severity of his sentences, the court did not think they were too extreme, as they were in line with what the law allowed. Thus, they ruled that his punishments were fair based on the circumstances of the case. In summary, Walker did not succeed in changing his guilty plea except for one part of the case. The court maintained most of the convictions and sentences while ensuring that he would not be unfairly punished for the same event more than once.

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C-2010-1139

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In OCCA case No. C-2010-1139, a petitioner appealed his conviction for False Personation of Another to Create Liability. In a published decision, the court decided to grant the appeal. The court concluded that the trial court made a mistake by not holding a hearing on the petitioner's request to withdraw her no-contest plea. The decision requires the case to go back to the lower court for this necessary hearing. One judge dissented.

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