Lewd Acts Archives - Page 2 of 2

SR-2003-276

Post author:Staff
Post published:March 30, 2004
Post category:SR

In OCCA case No. SR-2003-276, Stephen Lee Terry appealed his conviction for indecent or lewd acts with a child under sixteen. In a published decision, the court decided to affirm the trial court's ruling that dismissed the charges against him. One judge dissented. The case started when Terry was caught secretly videotaping young girls, aged eight to twelve, at a public place. He admitted that he watched these videos for sexual gratification. The court had to decide if his actions were considered a crime under the law. For the law to apply, it needed to be proven that he looked at the body or private parts of the girls, which is one of the elements that must be shown in such cases. The trial court ruled in Terry's favor, stating that simply filming clothed girls in a public space did not meet the legal definition required for the charge against him. While Terry's actions might be seen as inappropriate or offensive, the court concluded that what he did did not violate the law according to the specific requirements set out. Thus, they confirmed the trial court's decision.

F-2003-1089

Post author:Staff
Post published:March 13, 2004
Post category:F

In OCCA case No. F-2003-1089, Micah Ananias Horn appealed his conviction for Committing Indecent or Lewd Acts with a Child. In a published decision, the court decided to reverse the conviction and remand the case for a new trial. One judge dissented. Horn was found guilty and sentenced to eight years in prison. He argued that several things were wrong with his trial. First, he said he didn't get a fair trial because the jury saw video evidence about a lie detector test, which is not allowed in court. He also claimed his confession was not given freely and that the prosecutor unfairly tried to make the jury feel sorry for the victim. Horn believed there wasn't enough evidence to show he did something sexual, and he thought the way the prosecutor spoke during the trial was unfair and confusing. After looking closely at all the information, the court agreed with Horn on two main points. The first was that the mention of the lie detector test could have influenced the jury’s decision and that it was serious enough to affect the outcome. The second point was that the way the prosecutor explained the burden of proof to the jury was incorrect and could confuse them about what beyond a reasonable doubt means. Since these mistakes were significant, the court ruled that Horn's conviction should be overturned, and he should have a new trial to make sure he gets a fair chance to defend himself.

F 2003-648

Post author:Staff
Post published:June 6, 2003
Post category:F

In OCCA case No. F 2003-648, Remigio Rivas appealed his conviction for First Degree Rape by Instrumentation and Lewd Acts with a Child under Sixteen. In an unpublished decision, the court decided to affirm his convictions but modified the sentences from 100 years to 75 years for each count. One judge dissented.

RE 2001-0383

Post author:Staff
Post published:March 12, 2002
Post category:RE

In OCCA case No. RE 2001-0383, Benton appealed his conviction for indecent or lewd acts with a child under 16. In an unpublished decision, the court decided to reverse the revocation of his suspended sentence. One judge dissented. The case began when Benton pleaded guilty to three counts of indecent or lewd acts with a child in 1996. He was sentenced to seventeen years for each count, but the last ten years of his sentences were suspended, meaning he wouldn't have to serve that time in prison if he followed certain rules and conditions, like going to counseling and keeping the court informed of his address. In February 2000, the state filed a request to take back his suspended sentence because they claimed Benton violated his probation. They said he didn’t report his change of address to the authorities, didn’t check in regularly, and didn’t attend counseling. However, the hearing regarding his probation violation was postponed until March 2001, almost two years after the request was made. During the hearing, the judge found that Benton had indeed failed to report, change his address, and attend the required counseling. As a result, the judge decided to revoke his suspended sentences, which meant Benton would have to serve ten years for each count in prison. Benton appealed this decision, arguing that the evidence against him was not strong enough to prove that he had violated the terms of his probation. The court acknowledged that the state's witness did not have sufficient information about Benton’s case since she had just started working on it and had never met him. The probation officer who had worked with Benton was no longer at the office and did not testify. Additionally, it was mentioned that Benton might not have reported or informed the authorities of his new address because he was mentally incompetent and was in a hospital at the time. It seemed he could not attend counseling sessions because he was referred to other types of treatment. The court found that there was not enough evidence to show that Benton willingly broke the probation rules. They decided to reverse the order revoking his sentences and instructed the lower court to dismiss the case. Overall, the court said that the evidence did not prove beyond a reasonable doubt that Benton violated his probation, leading to the reversal of his sentence.

F-1999-1465

Post author:Staff
Post published:February 8, 2001
Post category:F

In OCCA case No. F-99-1465, Sean Michael Johnson appealed his conviction for First Degree Rape, Forcible Oral Sodomy, and Lewd Acts with a Child Under Sixteen. In a published decision, the court decided to modify Johnson's conviction for First Degree Rape to Second Degree Rape and reduce his sentence to five years. The judgments and sentences for the other counts were affirmed. One judge dissented, expressing concerns about the handling of juvenile procedures in this case.