New Trial

F-2019-588

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In OCCA case No. F-2019-588, Ricky Eugene Spencer appealed his conviction for two counts of Shooting with Intent to Kill. In an unpublished decision, the court decided to vacate the judgment and sentence and remand the case for a new trial. One judge dissented. Ricky Eugene Spencer was found guilty of shooting at two people, which led to his conviction. The trial took place in Muskogee County, where the jury decided on a twenty-year sentence for each count. However, the judge allowed for some of that time to be suspended and had conditions for probation. During his appeal, Spencer raised several issues, but one stood out: the jury was given the wrong instructions about transferred intent. This is a legal concept that says if someone means to hurt one person but accidentally hurts someone else, the intent to harm can still apply to the actual victim. The court found there was indeed an error in how the jury was instructed. Spencer did not challenge the instruction during the trial, so the court reviewed the mistake under plain error, meaning it was an obvious error that affected the fairness of the trial. The judge explained that the jury was incorrectly told they could find Spencer guilty of intent to kill based on a lesser intention to injure or scare someone else. This meant they could convict him without the proof needed for a serious crime like shooting with intent to kill. The prosecution argued that Spencer aimed to kill one person and mistakenly shot two bystanders. However, the trial's instructions could have allowed the jury to convict him based on weaker proof than required. During discussions, the jury showed they weren't completely convinced, asking questions that suggested they were unsure. The prosecutor's arguments during the trial also emphasized the wrong aspects of the law, pushing the jury toward an improper conclusion. Overall, the court could not be sure that the jury understood what they needed to prove. Therefore, they ruled that the error affected Spencer's rights significantly, requiring a new trial to ensure fairness. The decision means that Spencer would get another chance to defend himself in court, as the guidelines for convicting him were not properly explained the first time.

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F-2017-153

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In OCCA case No. F-2017-153, Crawley appealed his conviction for First Degree Felony Murder, Felony Eluding, Second Degree Burglary, and Possession of Burglary Tools. In an unpublished decision, the court decided that the exclusion of key evidence violated Crawley's right to a fair trial, leading to the reversal of his convictions for Counts 1 and 2. A judge dissented.

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F-2017-241

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In OCCA case No. F-2017-241, Joseph Tunley, Jr. appealed his conviction for Assault and Battery with a Deadly Weapon. In an unpublished decision, the court decided to reverse the conviction and send the case back for a new trial. The court found that Tunley's original waiver of his right to a jury trial was not shown to be knowing, intelligent, or competent, which is required by law. The dissenting opinion was not specified, but it indicates that there may have been differing views on the matter.

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F-2016-519

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In OCCA case No. F-2016-519, Kevin Bernell Warrior appealed his conviction for first degree murder and possession of a firearm after a felony. In a published decision, the court decided to grant him a new trial due to newly discovered evidence that could change the outcome of the original trial. One judge dissented. Kevin Warrior was convicted of murder and sentenced to life in prison. The evidence used to convict him was mostly circumstantial, meaning it did not come from direct witnesses at the crime scene. At trial, it was believed that the weapon used in the murder was not found, and the state suggested that Warrior had a motive and opportunity to commit the crime, alongside some statements he made that seemed incriminating. After his conviction, Warrior learned while in jail that another man, Mikel Ball, had confessed to committing the murder during a robbery. This information came to Warrior from a fellow inmate, Marquez Goff, who had talked to Ball. Goff also found out that police had taken a gun from Ball shortly after his arrest, and that this gun matched the bullet from the murder victim. Warrior's lawyers filed a request for a new trial, arguing that this evidence was important and could not have been found before the trial. The court agreed that the evidence was new, could change the outcome of the first trial, and was not something that Warrior could have discovered in time for his original case. Thus, the court decided that Warrior should get a new trial because this new information showed a reasonable chance that he might not have been guilty of the crime he was convicted of.

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F-2015-1007

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In OCCA case No. F-2015-1007, Johnny Lee Ingram appealed his conviction for Assault and Battery with a Deadly Weapon. In an unpublished decision, the court decided to reverse the conviction and remand for a new trial. One judge dissented. The case began when Ingram was tried for two crimes: one for Assault and Battery with a Deadly Weapon and the other for Possession of a Firearm after prior convictions. The jury found him guilty of the first charge and not guilty of the second. He was sentenced to twenty-five years in prison based on the jury's recommendation. Ingram raised several points during his appeal. He claimed that the trial court made mistakes, such as not properly answering the jury's questions about the law, which led to confusion. The court agreed that the trial court's responses to the jury were not clear and this could have impacted the jury's decision. During the jury's deliberation, they asked about the meaning of certain instructions related to the case. The trial judge referred them to another instruction without clearly addressing their concerns. This left the jury confused about what constituted criminal intent and whether Ingram could be guilty based on his presence at the scene but not guilty of the other charge. The court emphasized that when jurors express confusion, it is crucial for judges to clearly resolve that confusion. Since the jury found Ingram guilty despite being confused, and considering that the instructions did not help clarify the legal standards, the appellate court concluded that Ingram was not given a fair trial. Thus, they overturned the conviction and ordered a new trial to ensure that the jury could properly consider the evidence laid out, without the confusion created by the previous instructions.

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M 2015-1099

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In OCCA case No. M 2015-1099, Phantirath appealed her conviction for engaging in prostitution and operating a place of prostitution. In a published decision, the court decided to reverse her convictions because she was not allowed to enter a guilty plea, which is a right for defendants. One judge dissented, stating that the trial court did not abuse its discretion in rejecting the plea.

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M-2016-268

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In OCCA case No. M-2016-268, the appellant appealed his conviction for threatening to perform an act of violence and resisting an officer. In an unpublished decision, the court decided that the trial court made an error by not properly informing the appellant about the risks of representing himself without a lawyer. The court found that there was not enough evidence to show that the appellant understood what he was doing when he waived his right to a lawyer. The court reversed the trial court's judgment and ordered a new trial. One judge dissented.

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F-2015-212

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In OCCA case No. F-2015-212, Robert Leroy Gore appealed his conviction for Larceny of an Automobile and Knowingly Concealing Stolen Property. In an unpublished decision, the court decided to reverse and remand the case for a new trial. The court found that there was not enough evidence to show that Gore had properly given up his right to a jury trial. Therefore, the previous trial was not valid, and he will have another chance to present his case. No one dissented in this decision.

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F-2014-279

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In OCCA case No. F-2014-279, Cruz-Brizuela appealed his conviction for Aggravated Trafficking in Illegal Drugs (Cocaine). In an unpublished decision, the court decided to reverse the convictions and remand for new trials with conflict-free counsel. Guevara also appealed his conviction for the same charge, and the court made a similar decision for him. A dissenting opinion was filed. Cruz-Brizuela and Guevara were both found guilty by a jury in Oklahoma County for having a large amount of cocaine hidden in a truck they were driving. The police had stopped them for a minor traffic issue and, upon inspection, discovered the cocaine in a secret compartment. During the trial, both men claimed they did not know about the drugs, but because they shared the same lawyer, there were concerns about an actual conflict of interest that seemed to affect their defense. The case stemmed from an incident on April 25, 2012, when an officer pulled their truck over. The officer had suspicions about the trip based on the men's log books and their explanations about stops they made along the way. The prosecutor argued that it was more likely that either Cruz-Brizuela or Guevara had placed the cocaine in the trailer during a long stop during their journey. Both men argued that their lawyer’s conflict made it impossible for him to defend them properly, as he could not use certain evidence to benefit one without hurting the other. Because their defense relied on the idea that neither of them knew about the drugs, the conflict prevented their lawyer from arguing effectively. The court found that the actual conflict had indeed affected the counsel's performance and, thus, both convictions were reversed. The judges agreed that it was important for defendants to have lawyers without conflicting interests to ensure a fair trial. The case was remanded for new trials where both Cruz-Brizuela and Guevara could have separate attorneys who could focus on their individual defenses. So, the outcome was that Cruz-Brizuela and Guevara were given another chance to defend themselves against the charges, this time with legal representation that wasn’t hindered by conflicts of interest.

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M-2014-235

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In OCCA case No. M-2014-235, Donald Wayne Farino appealed his conviction for Obtaining Cash By False Pretenses and Petit Larceny. In a published decision, the court decided to reverse his convictions and send the case back for a new trial. No one dissented.

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F-2013-1199

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In OCCA case No. F-2013-1199, Gene Douglas Graham appealed his conviction for lewd molestation. In a published decision, the court decided to reverse his conviction and order a new trial. One judge dissented. Gene Douglas Graham was found guilty by a jury for lewd molestation, which is against the law. The jury decided that he should spend twenty-five years in prison. However, the judge took some time off his sentence and said he would only have to serve thirteen years and pay a fine. During the trial, Gene's arguments for appeal included that there wasn't enough evidence to prove he did something wrong, that he couldn't present a defense, and that he didn’t get a fair trial. Specifically, he said the judge made a mistake by not letting him talk about an eviction notice he received, which he thought was important to show that he knew about the accusations before he made a statement to the police. The court decided that the judge had made a mistake by not allowing Gene to talk about the eviction notice and that it was important for his defense. They believed that not being able to mention it could have affected the jury's decision. Even though the State had a strong case, the jury was still confused because they found him not guilty on two other counts related to the same victim. The judge also mentioned that talking about Gene's right to stay silent when the police questioned him was wrong and should not have happened. Gene’s lawyer didn’t object to this at the trial, so it complicated the case. However, since they found other problems, they reversed the conviction and decided he needed a new trial. In the end, the court agreed that Gene had not been treated fairly during his trial, leading them to reverse the decision and start over. This means they felt important evidence was wrongfully kept out and that he was not given a fair chance to defend himself.

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F-2012-545

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In OCCA case No. F-2012-545, Jimmy Dale Stone appealed his conviction for lewd molestation. In an unpublished decision, the court decided to reverse and remand his convictions for a new trial. One judge dissented. Jimmy was found guilty by a jury on several counts of lewd molestation involving children. He was sentenced to a total of eight years in prison, with some of the sentences running one after the other and one running at the same time as another. He had to serve a majority of his sentence before he could be considered for parole. On appeal, Jimmy raised several important points. He argued that the judge didn’t explain all the important parts of the law about lewd molestation to the jury. He believed the evidence used against him wasn’t enough to prove he had done anything wrong. He claimed that the jury was influenced by people who talked about the case before it started. He felt he was not given a fair chance at trial because of things the prosecutor said about the victims. Also, he said he should have had money for an expert witness to help prove his side. He believed that presenting other crimes as evidence was unfair. Finally, he argued that all these mistakes together affected the fairness of his trial. The main issue that the court found was a big mistake in how the jury was instructed about the law. There are specific things that must be proven to convict someone of lewd molestation. To be found guilty, it must be shown that the defendant knowingly did something wrong and that they intended to do it. This was not explained correctly to the jury during the trial. The court found that some parts of the legal instructions given did not include important elements needed to prove the case. Although there was an argument about whether this error was harmful, the court decided it was serious enough to affect the outcome of the trial. They concluded that omitting the requirement that the defendant acted knowingly and intentionally could have changed how the jury viewed the evidence and questions raised during the trial. Since the evidence against him was not overwhelming enough to guarantee he was guilty regardless of these instructions, the decision was made to reverse the conviction. Because of this significant error, the court said that Jimmy should get a new trial where the jury would be properly instructed on the law. The other issues he raised in his appeal were not discussed because the main error already warranted a new trial.

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F 2012-639

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In OCCA case No. F 2012-639, Marty Lee Langley appealed his conviction for lewd molestation. In a published decision, the court decided to reverse the conviction and remand for a new trial. One judge dissented. Langley was found guilty of lewd molestation after a jury trial in Marshall County. The incident involved two separate and unrelated claims of molestation, but the jury was instructed that they could convict Langley based on either act. Langley argued that this was unfair because the jury should have agreed on one specific act. The court agreed that this was a significant error, stating that all jurors must be on the same page about which act they are considering when deciding a case. Additionally, the prosecutor made comments during closing arguments that suggested the jury should convict Langley to prevent him from harming other children in the future. The court found this to be improper as it is not right to convict someone based on the idea that they might commit future crimes. While Langley had other claims about the fairness of his trial and the effectiveness of his legal counsel, the court determined that the main issue had to do with the way the jury was instructed and the prosecutor's comments. Because of these errors, Langley's original trial was deemed unfair, leading to the decision for a new trial.

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F-2011-661

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In OCCA case No. F-2011-661, Mark Tracey Vernon appealed his conviction for five counts of First Degree Rape by Instrumentation and one count of Forcible Oral Sodomy. In a published decision, the court decided to reverse his conviction and remand the case for a new trial. One judge dissented. Vernon had been found guilty in a non-jury trial and sentenced to life imprisonment on the rape charges and twenty years for the sodomy charge, with the sentences to be served one after another. Initially, he faced fourteen counts of rape and five of sodomy, but some were dismissed or he was acquitted of others during the trial. Vernon claimed that he did not receive a fair trial due to ineffective assistance from his lawyer. The court agreed and found that his defense attorney did not present important evidence that could have helped Vernon. This included failing to interview a witness who might have provided helpful information and not questioning the investigating officer about past allegations against one of the victims. The court noted that these mistakes were not part of a reasonable trial strategy. After reviewing the trial and additional evidence presented during a hearing, the court decided that Vernon's lawyer's performance was inadequate. Because of this, they believed that the trial's outcome could have been different if the mistakes had not happened. Vernon's judgment was reversed, and the case was sent back for a new trial to ensure that he gets a fair chance to defend himself.

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M-2011-1083

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In OCCA case No. M-2011-1083, the appellant appealed his conviction for resisting an officer. In an unpublished decision, the court decided to reverse the trial court's judgment and remand for a new trial. One judge dissented. The case involved Franklin Savoy Combs, who was found guilty of resisting an officer after a jury trial. The trial took place in Hughes County, and the appellant received a sentence of ninety days in jail and a fine of $300. Combs later appealed this decision, challenging the way he represented himself in court. In his appeal, Combs argued that the trial court did not properly inform him of the risks of self-representation. The court looked at the records from the trial to see if Combs had knowingly decided to waive his right to have a lawyer. They found that there was not enough evidence to show that he fully understood what he was doing when he chose to represent himself. The court explained that before someone can represent themselves, it is very important that they know what that means and what they might be giving up. If there are doubts about whether a person really understood their rights, those doubts should be viewed in favor of that person. Since the court determined that Combs did not knowingly and intelligently waive his right to counsel, they decided that his conviction needed to be reversed. The case was sent back for a new trial where he can have proper legal representation.

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F 2012-294

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In OCCA case No. F 2012-294, Doris Jean Whitaker appealed her conviction for an unspecified crime. In an unpublished decision, the court decided to reverse her conviction and remand the case for a new trial due to a lack of adequate record on appeal. The State agreed with the decision, acknowledging that the failure to provide a trial transcript denied Whitaker her right to a meaningful review of her case. A dissenting opinion was not noted.

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F-2012-437

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In OCCA case No. F-2012-437, Mark J. Lawler appealed his conviction for rape in the first degree. In an unpublished decision, the court decided to reverse and remand for a new trial. One judge dissented. Mark J. Lawler was found guilty of rape in the first degree by a jury and given a sentence of thirty-five years in prison. He claimed that the trial court made mistakes during his trial. First, Lawler thought he should have been allowed to represent himself instead of having a lawyer. He argued that this was his right under the Sixth Amendment of the U.S. Constitution. The court agreed with him, stating that he had clearly asked to represent himself at least five days before the trial, which was a reasonable request. The court also found that Lawler understood the risks involved in defending himself without a lawyer. The trial court was wrong to deny his request, so that was a significant error. Second, Lawler argued that he did not get a speedy trial, which is another right he had under the law. Although there were delays in the trial, the court found that they were not entirely Lawler's fault. The reasons for the delays included busy courts and other issues that were not intentional. However, the court also decided that Lawler did not show he was hurt by the delay, so they did not agree with his claim on this point. In summary, the court found that the trial court made a mistake by not allowing Lawler to represent himself. Because of this error, they reversed his conviction and sent the case back for a new trial.

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M 2011-0871

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In OCCA case No. M 2011-0870 and M 2011-0871, Sherry Kay Taylor appealed her conviction for misdemeanors related to driving under the influence and other offenses. In an unpublished decision, the court decided that the trial court made a mistake by not allowing her to have a lawyer during her hearings. One judge dissented. Sherry was charged with driving while under the influence of alcohol, driving without a license, and improper backing in a case from December 21, 2010. She initially pleaded no contest to driving under the influence and received a six-month deferred sentence. Later, she was charged again for driving under the influence of both drugs and alcohol. In September 2011, Sherry went to a hearing where she was supposed to represent herself because her request for a lawyer was denied. The judge believed she had enough time to find a lawyer but Sherry argued that she didn't understand how to represent herself and didn't want to waive her right to have an attorney. The court looked into whether Sherry had been properly informed about her right to a lawyer and whether she had given up that right knowingly. It was found that there was no clear record showing that she had chosen to represent herself or that she understood the risks involved. Ultimately, the court decided that denying her the help of a lawyer was a mistake and ordered that she should have a new trial and a new hearing to review her sentence in a fair manner.

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F-2012-112

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In OCCA case No. F-2012-112, Gene Freeman Price appealed his conviction for First Degree Burglary. In a published decision, the court decided to reverse and remand for a new trial. One judge dissented. Gene Freeman Price was found guilty of breaking into a building with the intention of committing a crime. He was given a sentence of twelve years in prison. However, Price argued that he did not fully understand his rights before he decided to represent himself in court instead of having a lawyer help him. The court looked closely at the case. They believed the trial court did not do a good job explaining to Price the risks of going to court alone without a lawyer. This meant that Price could not have truly given up his right to a lawyer because he didn't really understand what that meant. The judges decided that because of this mistake, Price's right to have a lawyer was violated. Since this was such a serious error and affected the whole case, the court said they could not ignore it. They ruled that the earlier decision needed to be thrown out, and Price should get a new trial where he could have a lawyer help him.

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F-2010-548

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In OCCA case No. F-2010-548, the appellant appealed his conviction for multiple charges including unlawful possession of a firearm and drugs. In an unpublished decision, the court decided to reverse the conviction and remand for a new trial, finding that the trial court failed to properly inform the appellant about the dangers of representing himself. One judge dissented.

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F-2009-1181

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In OCCA case No. F-2009-1181, Joe Reaner Strong appealed his conviction for Second Degree Felony Murder. In a published decision, the court decided to reverse the conviction due to the district court's failure to give the jury an instruction requested by Strong on the lesser offense of second degree manslaughter. One member dissented. Joe Reaner Strong was convicted of Second Degree Felony Murder after his two-year-old grandson died in a fire that started when the child found matches at home. At the time, Strong had left his grandson asleep alone for about two hours while he went to pick up his wife. The child was later found unresponsive and died from smoke inhalation. During the trial, the prosecution argued that Strong was responsible for child neglect because he left the child unsupervised. Strong's defense claimed that he was negligent but did not intend for his actions to harm the child. Strong believed that he should have been allowed to present his defense, which included the possibility that he was guilty of a lesser crime - second degree manslaughter instead of murder. The court noted it is important for the jury to hear all aspects of a case, including possible lesser offenses if there is evidence to support them. In this situation, the court stated that there was enough evidence suggesting that Strong's negligence might not rise to the level of murder. Instead, it could have been just an unfortunate accident due to lack of care under the circumstances. The decision determined that the jury should have been instructed on second degree manslaughter because Strong's actions might not have been willful neglect, which is necessary for a murder charge. Because the jury could have reasonably believed that Strong did not intend to leave the child alone and that his actions were the result of carelessness, the court ruled that not allowing this instruction was a mistake that impacted the fairness of the trial. In summary, the appellate court reversed Strong's conviction and ordered a new trial due to the district court's error in handling the jury instructions related to the lesser charge.

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F-2010-2

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In OCCA case No. F-2010-2, Clinton Riley Potts appealed his conviction for First Degree Murder. In a published decision, the court decided to reverse the conviction and remand for a new trial. No one dissented. Clinton Riley Potts was found guilty by a jury of murdering Gregory Clark. This happened after Potts learned that Clark was dating his girlfriend. The court sentenced Potts to life in prison without the chance for parole. Potts believed he did not have a fair trial. He thought that the prosecutor did not tell his lawyer important information about a witness. This information could have helped show that the witness was not telling the truth and also could have helped Potts’s case. He also argued that his own lawyer did not do enough to prepare for the trial, did not look into the case properly, and did not bring in important witnesses. After Potts appealed, an evidentiary hearing was held. During this hearing, it was shown that Potts’s lawyer did not investigate the case as well as he should have. They found that the prosecutor had information about a key witness who had received special treatment for testifying at Potts's trial, but they did not share this information with Potts's lawyer. The judge who looked at the evidence agreed that Potts did not receive a fair trial. This finding was important because the judge had also been the one who oversaw Potts's original trial, making him well aware of how the mistakes may have affected the trial's outcome. The court decided that Potts's arguments about unfairness were valid. Since this was the case, they reversed the initial verdict and said that Potts should have a new trial. The decision meant that the earlier trial was not valid anymore, and the court ordered that Potts would get another chance to present his case in a new trial.

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F-2009-385

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In OCCA case No. F-2009-385, Jeffrey Eugene Rowan appealed his conviction for Child Sexual Abuse by a Person Responsible for a Child's Health, Safety, or Welfare. In a published decision, the court decided to grant Rowan's motion for a new trial and dismissed the appeal because the case would be retried. One judge dissented. Rowan was convicted in the District Court of Pittsburg County and sentenced to thirty-five years in prison. His conviction was based on various testimonies, including his own admission to investigators about inappropriate behavior with his stepdaughter and medical testimony suggesting signs of abuse. However, after the conviction, new evidence came to light regarding the medical witness that may have affected the credibility of the case against Rowan. The new evidence showed that the physician assistant who examined the child had her medical license suspended due to drug abuse and misconduct. This detail raised concerns about the reliability of her testimony, which was crucial to the prosecution's case. The court found that this new evidence could change the outcome of the original trial and therefore ordered a new trial. Rowan's original appeal was deemed moot because the case would be retried, and there was no need to evaluate the specific claims raised in that appeal. As a result, the motion for a new trial was granted, and the case was sent back to the lower court for another trial.

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F-2009-1110

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In OCCA case No. F-2009-1110, Twilia Renae Wise appealed her conviction for First Degree Felony Murder. In an unpublished decision, the court decided to reverse her Judgment and Sentence and remand the case for a new trial based on the claim of ineffective assistance of counsel. One judge dissented, believing that the case should not be remanded for a new trial without further review.

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F-2009-399

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In OCCA case No. F-2009-399, Jeffery Robert Johnson appealed his conviction for Assault and Battery with a Deadly Weapon. In a published decision, the court decided to reverse Johnson's conviction and order a new trial. One judge dissented. Johnson was convicted of stabbing his roommate, Maurice Sartor, after a dispute over money. Johnson claimed he was acting to defend his girlfriend, Malinda Brookey, who was being threatened by Sartor. During the trial, there was a disagreement over how the events happened, especially regarding whether Sartor was the aggressor. The key issue in Johnson's appeal was about a mistake in the jury instructions. The trial court gave the jury a modified instruction about the defense of property that led to confusion. This instruction suggested that Sartor had the right to use force to get his property back, which Johnson argued was not true since he believed he was defending his girlfriend from Sartor's aggression. Johnson's lawyer objected to the instruction at the time of the trial, which meant they could raise this issue in the appeal. The higher court found that this error in the jury instructions was significant enough that it likely affected the fairness of the trial. Because of this, they reversed Johnson's conviction and ordered a new trial while not addressing Johnson's other claims or his request for a new trial based on new evidence. This decision means Johnson will get another chance to present his case in front of a new jury, with the hope that the instructions will be clearer and fairer this time. The dissenting judge disagreed with the majority's decision, believing the original instructions were appropriate and did not compromise Johnson's defense.

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