Okla. Stat. tit. 12 § 2602 Archives

F-2018-481

Post author:Staff
Post published:December 12, 2019
Post category:F

In OCCA case No. F-2018-481, Derrick Lamont Garrett appealed his conviction for kidnapping and burglary in the first degree. In an unpublished decision, the court decided to affirm Garrett's conviction. One judge dissented. Garrett was tried and found guilty by a jury for kidnapping and burglary. He was sentenced to twenty years in prison for each count, with the sentences running one after the other. Garrett's appeal raised several points of error regarding his trial, such as claims that there wasn't enough evidence to support his convictions, that some evidence was wrongly excluded, and concerns about the jury selection process. The court looked carefully at the arguments and decided that the trial was fair, and the evidence was sufficient to support the jury’s guilty verdicts. They noted that Garrett had requested specific jury instructions that he later challenged, which the court found was not a valid complaint. They also stated that the eyewitness testimony was handled correctly and that the exclusion of some evidence didn’t violate Garrett's rights. Regarding the jury selection, the court stated that Garrett did not prove any discrimination occurred in the way jurors were chosen. Since they found no significant errors in the trial, they affirmed the conviction, meaning Garrett must continue to serve his sentences.

F-2018-198

Post author:Staff
Post published:November 14, 2019
Post category:F

In OCCA case No. F-2018-198, Ann Sykes appealed her conviction for Abuse by Caretaker (Neglect) and Abuse by Caretaker (Financial Exploitation). In an unpublished decision, the court decided to affirm the judgment and sentence. One judge dissented. Ann Sykes was found guilty of two types of abuse against her son, who is a vulnerable adult. The first conviction was for not providing him with basic needs like food and shelter. The second conviction was for mishandling his money. The court sentenced her to eight years in prison but suspended three years, meaning she would only serve five years in custody. Appellant raised several problems with the trial process. She claimed that hearsay evidence, which is when someone repeats what another person said outside of court, was used against her unfairly. However, the court found that much of the evidence was not considered hearsay because it was not meant to prove the truth of the statements, and any hearsay that was improperly admitted didn't impact the trial's outcome. Sykes also argued that witnesses were allowed to testify without personal knowledge of the information they shared. The court disagreed, stating that witnesses had information based on their own experiences or observations. Another point of appeal was about whether the trial court made mistakes by letting certain opinions into evidence. A social worker testified about how not getting enough nutrition could affect someone's mental state. The court decided that the social worker was qualified to give that information based on her experience. Sykes claimed her two convictions meant she was being punished twice for the same actions, which is called double punishment. The court found that the actions leading to the two charges were different enough to allow both charges to stand without violating the law. She also believed that the charges against her were not clearly stated in the official documents, but the court noted that she didn’t raise this issue during the trial, so it wasn’t considered on appeal. Another argument was that she was denied a right to have a lawyer appointed to help her during the trial. The court found that although there was a lack of a hearing on this, Sykes did have a lawyer who represented her during the trial. Sykes claimed her lawyer did not do a good enough job. The court noted that for a claim like this, Sykes needed to show both that her lawyer did not perform well and that this affected the trial's outcome. The court did not find evidence that the lawyer's actions changed the trial's result. Lastly, Sykes claimed that even with the errors made during her trial, they did not add up to deny her a fair trial overall. The court agreed, concluding that the errors did not require the reversal of her conviction. Overall, the court affirmed the conviction and sentence, meaning Sykes will continue to serve the time given by the lower court. The application to further review her claims about lawyer effectiveness was denied as well.

F-2018-624

Post author:Staff
Post published:October 3, 2019
Post category:F

**Case Summary: Bryon Lynd Gordon v. The State of Oklahoma** **Court:** Oklahoma Court of Criminal Appeals **Case No.:** F-2018-624 **Date Filed:** October 3, 2019 **Judges:** Lumpkin (Majority Opinion), Lewis (Partial Concurrence and Dissent), Kuehn (Partial Concurrence and Dissent) **Background:** Bryon Lynd Gordon was convicted by a jury in the District Court of Bryan County for Forcible Oral Sodomy (Count 1), and the jury recommended a ten-year prison sentence. Gordon appealed the conviction, raising several points of error relating to the trial proceedings. **Key Propositions Raised on Appeal:** 1. **Competency of Witness:** Gordon argued the trial court abused its discretion by ruling the alleged victim, R.S., competent to testify without an inquiry into his ability to distinguish between truth and fiction. The court found that R.S. demonstrated competency and the ruling was not an abuse of discretion. 2. **Preliminary Hearing Testimony:** Gordon contended that the magistrate abused discretion by allowing R.S. to testify at the preliminary hearing without confirming his competency. However, the court ruled that the failure to file a motion to quash before trial waived this claim. 3. **Admission of Hearsay Evidence:** Gordon claimed that the trial court erred by admitting unreliable hearsay statements made by R.S. without a required reliability hearing. The court recognized the error but deemed it harmless, asserting that the statements were inherently trustworthy based on available evidence. 4. **Sufficiency of Evidence:** Gordon argued that R.S.’s testimony was inconsistent and required corroboration. The court ruled that the victim's testimony was sufficient to sustain the conviction without the need for corroboration as the testimony was clear and coherent regarding the acts committed. 5. **Jury Instructions:** Gordon contended that the jury should have been instructed on how to handle R.S.’s prior inconsistent statements. The court found this omission did not affect the outcome of the trial. 6. **Vouching for Credibility:** Gordon argued that a witness, Palmore, impermissibly vouched for R.S.’s credibility. The court acknowledged this was error but did not rise to the level of plain error as it did not affect the trial's outcome. 7. **Ineffective Assistance of Counsel:** Gordon claimed his counsel failed to request certain jury instructions and did not object to Palmore's testimony. The court found no basis for an ineffective assistance claim as Gordon failed to show a reasonable probability that the trial outcome would have been different with better representation. 8. **Cumulative Errors:** Gordon finally argued that the accumulation of errors deprived him of a fair trial. The court concluded that since the individual errors were found to be harmless, their cumulative effect did not warrant relief. **Decision:** The Oklahoma Court of Criminal Appeals affirmed the judgment and sentence of the trial court, stating that after reviewing the entire record, no reversible errors were found that affected Gordon's substantial rights. **Outcome:** Judgment and sentence affirmed. **Dissenting Opinions:** Judges Lewis and Kuehn provided partial dissent regarding the handling of preliminary hearing procedures and the application of plain error review, suggesting that certain errors and the lack of timely objections should still be considered under principles of fairness and justice. For the full opinion, you can [download the PDF here](https://opinions.wirthlawoffice.com/wp-content/uploads/F-2018-624_1735226692.pdf).

S-2012-1012

Post author:Staff
Post published:October 3, 2013
Post category:S

In OCCA case No. S-2012-1012, Barry Lee Brown appealed his conviction for a traffic offense. In an unpublished decision, the court decided to affirm the trial court's ruling to suppress evidence and dismiss the prosecution. One judge dissented. The case began when a police officer claimed to have seen a traffic violation, which led to a stop of Barry Lee Brown's vehicle. After stopping him, the officer suspected that Brown might be under the influence of drugs or alcohol. A second officer was called to the scene to perform sobriety tests. Before the trial, Barry Lee Brown argued that the stop was not legal and asked the court to throw out any evidence from the stop. During the hearing, the officer who stopped Brown had trouble remembering exactly what happened. He referred to a report written by the second officer, but that officer had not witnessed the stop himself. Initially, the trial court thought there was enough evidence to say the stop was legal, but later changed its mind. The court reviewed different points raised by the state about why the trial court’s decision should be changed. The state argued that the trial court made mistakes in its decision to suppress the evidence. However, the Appeals Court looked carefully at the facts and decided that the trial court had a good reason to change its decision. They noted that the officer who stopped Brown did not have a clear memory and his testimony was mainly based on what was written in another officer's report. The Appeals Court stated it respects the findings of the trial court unless they are clearly wrong or not supported by the evidence. After reviewing everything, they agreed with the trial court's ruling because it was based on the officer's inability to reliably remember the details of the stop. The Appeals Court also addressed the state’s claim that the trial court should not have been allowed to change its previous ruling. They found that the state did not provide enough legal backing for this claim, so they didn't consider it further. Finally, the court looked at whether the first officer could accurately use the report to refresh his memory about the stop. They concluded that just because he accepted the report as true did not mean it helped him remember the stop accurately. In the end, the court affirmed the decision to suppress the evidence that led to the conviction and agreed to dismiss the case.

F-2004-427

Post author:Staff
Post published:January 26, 2007
Post category:F

In OCCA case No. F-2004-427, Emily Michelle Dowdy appealed her conviction for First-Degree Manslaughter. In an unpublished decision, the court decided to affirm her conviction but modified her sentence to twenty-five years imprisonment. One judge dissented from the decision to modify the sentence. Emily was charged after a fatal car accident that resulted in the death of another driver, Ryan Brewer. Emily's blood test later showed a high blood alcohol concentration, indicating she was driving under the influence. In her defense, she claimed she was involuntarily intoxicated, suggesting that she may have been given a drug without her knowledge, such as GHB or rohypnol, often associated with date-rape cases. Emily argued that she could not remember what happened after she took a friend to her car at a bar. The trial included a significant amount of expert testimony regarding the effects of GHB, but the state argued that Emily was likely just drunk from alcohol. Various witnesses testified about her drinking at the bar that night and her generally good driving record. On appeal, Emily raised several arguments regarding the fairness of her trial, alleging ineffective assistance of her counsel, improper admission of certain evidence regarding her character, and comments made by the prosecutor. The court reviewed testimony regarding whether Emily had been properly advised about her rights during police questioning and whether any misconduct had affected the jurors' views. After thorough review, the court concluded that the trial was fair overall, although it noted that one witness's hearsay testimony, which was not properly admissible, could have potentially influenced the jury's view of Emily. Ultimately, this led to a modification of her sentence, although the conviction itself remained intact. The dissenting judge felt that the original forty-year sentence was appropriate and did not believe that the limited hearsay testimony had a significant impact on the final outcome.