Michael S. Richie

F-2014-764

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In OCCA case No. F-2014-764, Hawks appealed her conviction for Murder in the First Degree, Burglary in the First Degree, and two counts of Kidnapping. In an unpublished decision, the court decided to reverse and remand Count I, which was the murder conviction, but affirmed Counts II, III, and IV, which were the burglary and kidnapping convictions. One judge dissented on the reversal of the murder conviction. Hawks was accused of being involved in serious crimes, including murder, along with two other co-defendants. After being found guilty by a jury, Hawks was sentenced to a long prison term, with the murder sentence being life imprisonment. Hawks argued that the evidence against her was weak, claiming she didn’t participate in the crimes or know about them beforehand. She believed the jury wasn't given a fair chance to make their decision because the prosecution made mistakes in explaining the law regarding aiding and abetting. Aiding and abetting means that someone helped or supported a crime, even if they weren't the main person committing it. For Hawks to be found guilty, the evidence needed to show she had some knowledge or intent to support the crimes of her co-defendants, which involved planning and executing the murder and kidnappings. However, the court found that there were major issues with how the prosecutors explained the law, which misled the jury. The judges agreed that the jury may not have properly understood the law because the prosecutor repeatedly misstated it, even if the jury was given the correct instructions. As a result, the court agreed to give Hawks a new trial for the murder charge. For the kidnapping and burglary charges, the evidence seemed sufficient to support the jury’s verdict, so those were upheld. In conclusion, while Hawks' murder conviction was reversed for a new trial due to errors in how the law was presented to the jury, her other convictions were confirmed as valid. One judge disagreed with reversing the murder conviction, believing that the verdict was just and the evidence against Hawks clear.

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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 In an unpublished decision, the court decided to affirm his conviction but modified his sentence.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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S 2007-1212

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In OCCA case No. S 2007-1212, Jason L. Bandy appealed his conviction for Negligent Homicide. In an unpublished decision, the court decided to deny the appeal regarding the suppression of a blood test. The court found that the State did not show that reviewing the case would be in the best interests of justice, and they concluded that the suppressed evidence was not a significant part of their case against Bandy. Consequently, the case was sent back to the trial court for further action consistent with this opinion. One judge dissented.

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J-2005-542

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In OCCA case No. J-2005-542, S.H. appealed his conviction for being sentenced as an adult. In a published decision, the court decided to reverse the district court's decision, stating that there was not enough convincing evidence to support this adult sentencing. One judge dissented. The court found that S.H. should be sentenced as a youthful offender instead.

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F 2002-869

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In OCCA case No. F 2002-869, Bennie Jay Edwards, Jr., appealed his conviction for Concealing Stolen Property and Breaking and Entering. In an unpublished decision, the court decided to affirm the convictions but modified the sentence for Concealing Stolen Property to ten years imprisonment. One member of the court dissented. Bennie Jay Edwards, Jr. was found guilty in a trial that took place in May 2002. The jury decided he should go to prison for 30 years for the first crime, which was concealing stolen property, and one year for the second crime, which was breaking and entering. These sentences were set to happen at the same time, meaning he would serve the longest one. After the trial, Edwards appealed, saying that there were mistakes during the trial and that he did not get a fair chance to defend himself. His lawyers said the jury was told the wrong information about how long he could be sentenced for his crime of concealing stolen property. The proper punishment should have been four years to life in prison, but the jury was told it could be no less than 20 years. After looking into the issues raised by Edwards, the court decided that he did not lose his chance for a fair trial because of the mistakes that were made about the instructions. However, they agreed that the jury was given the wrong information about the punishment for his first conviction. Because of this error, the court changed the sentence for his first conviction from 30 years to 10 years. The second conviction remained the same. The court explained that even though there were some mistakes, they did not think those mistakes were serious enough to change the conviction itself, just the sentence. In the end, the court found Edwards guilty but reduced his punishment for one of the crimes due to the trial mistakes related to jury instructions.

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