Okla. Stat. tit. 12 § 2603 Archives

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).

F-2013-958

Post author:Staff
Post published:April 5, 2016
Post category:F

In OCCA case No. F-2013-958, the appellant appealed his conviction for First Degree Child-Abuse Murder. In an unpublished decision, the court decided to affirm the conviction but remand the case for re-sentencing. One judge dissented. The case involved Gregory Antwon O'Neal, who was convicted for the murder of his two-month-old daughter, Tianna Marie O'Neal. The events began on May 17, 2007, when O'Neal and the child's mother brought Tianna to a hospital because she was unresponsive. At the hospital, doctors found Tianna had multiple injuries, the most serious being a skull fracture that resulted in brain swelling and ultimately her death the following day. Throughout the trial, the prosecution argued that O'Neal had either directly caused the injuries or allowed someone else to do so. O'Neal claimed that Tianna had fallen off a folding chair earlier that day and did not admit to any violent behavior. However, the medical evidence suggested that the injuries were consistent with abuse rather than accidental harm. The prosecution presented multiple medical experts who testified that the injuries Tianna suffered were serious and not likely to have occurred from normal accidents. O'Neal made several statements that appeared to change over time regarding how Tianna was injured. His comments while in custody were interpreted as signs of guilt. For example, when speaking to friends and family from jail, he seemed more worried about the potential consequences for himself rather than the well-being of his daughter. The prosecution used these statements to argue that O'Neal demonstrated a consciousness of guilt. The trial featured a defense expert who suggested that similar injuries could potentially happen through accidental means, which contradicted the prosecution's claims. Despite this, the jury found O'Neal guilty, leading to a sentence of life imprisonment without parole. On appeal, O'Neal argued several points, including the sufficiency of the evidence against him, claims of errors during the trial, and ineffective assistance of his counsel. The court's opinion examined these arguments, ultimately deciding that there was enough evidence to support the conviction. However, the court recognized an issue regarding the prosecutor's conduct during closing arguments, finding that the use of a doll as a prop during closing to dramatize the potential abuse was inappropriate and could have improperly influenced the jury. As a result, the court upheld O'Neal's conviction but ordered a new hearing for re-sentencing, emphasizing the need for proper conduct in courtroom arguments. One judge dissented, arguing that the prosecutor's actions did not merit a new sentencing as they did not sufficiently affect the trial's outcome. In conclusion, the court reiterated the importance of safeguards in the legal process, highlighting the need for a fair trial where jury members follow the evidence and court instructions rather than emotional appeals during closing arguments.

F-2011-482

Post author:Staff
Post published:August 9, 2012
Post category:F

In OCCA case No. F-2011-482, Christopher D'Shun Cleveland appealed his conviction for perjury. In an unpublished decision, the court decided to modify his sentence from ten years to seven years imprisonment but otherwise affirmed the conviction. One judge dissented. The case began when Cleveland was found guilty of perjury in the District Court of Oklahoma County and was sentenced to ten years in prison. He raised two main points in his appeal. First, he claimed that two witnesses, who were attorneys, should have been sworn before they testified. He argued this violated both a state law and his constitutional rights. However, the court found that the trial judge’s reminder to the attorneys that they were testifying under oath was adequate, and no major error was shown. In his second point, Cleveland argued that the jury should have been instructed to consider whether the statements he made were important to the case when deciding his sentence. He believed that not allowing this instruction led to a sentence that was too harsh. While the court recognized that the denial of this instruction was an error, it ultimately decided that the error was not severe enough to overturn the conviction. Instead, they modified his sentence length. Overall, Cleveland's punishment was reduced, but his conviction remained in place. The court stated its decision firmly, ensuring that Cleveland's rights were considered, while also balancing the necessary legal standards.