Okla. Stat. tit. 12 § 2608(B) Archives

F-2014-524

Post author:Staff
Post published:July 9, 2015
Post category:F

In OCCA case No. F-2014-524, Robert Dewayne Cox appealed his conviction for possession of methamphetamine, possession of marijuana, and public intoxication. In an unpublished decision, the court decided that Cox's conviction for misdemeanor possession of marijuana should be reversed, but the other convictions were affirmed. One judge dissented. Cox was found guilty by a jury in the District Court of Bryan County. The jury recommended a ten-year prison sentence for the methamphetamine charge, one day in jail for marijuana possession, and five days for public intoxication. The sentences were ordered to run concurrently. Cox raised several claims in his appeal. He argued that having two convictions for different drug possessions from the same incident was unfair and violated his protections against double punishment. The court found this claim valid and indicated it was a plain error, meaning it was obvious even though it was not raised during the trial. Next, Cox argued the law enforcement did not properly prove that the drugs taken from him were the same ones tested by the crime lab. The court found that he did not show this as an error as there was enough evidence to link the substances to the case. Cox also stated that the jury was influenced by evidence of other bad acts that should not have been admitted. However, the court decided that this evidence was relevant to the case and did not count as an error. Cox claimed that his attorney did not do a good job of defending him, especially regarding the issues he raised in his appeal. The court concluded that since they found a plain error regarding the possession charge, the claim about ineffective assistance was not necessary to address. Finally, Cox argued that the mistakes in the trial added up to deny him a fair trial. The court determined that while there was a mistake in charging him for both drug possessions, it was an isolated incident and did not create a pattern of errors that would warrant a new trial. In summary, the court upheld Cox's convictions for possession of methamphetamine and public intoxication but reversed the conviction for possession of marijuana because he should not have been punished twice for the same action. The case was sent back to the lower court for necessary actions related to this decision.

F-2001-338

Post author:Staff
Post published:September 6, 2002
Post category:F

In OCCA case No. F-2001-338, Gene Paul Ray appealed his conviction for Lewd Molestation. In an unpublished decision, the court decided to reverse his convictions and ordered a new trial. One judge dissented. Gene Paul Ray was found guilty of two counts of Lewd Molestation but was not guilty on six other related charges. The jury gave him a punishment of ten years for each count, and those sentences would be served one after the other. Ray appealed for many reasons. He first argued that it was wrong for a special advocate to help prosecute him. He believed this went against his rights. The court agreed that this was a mistake because the advocate was not supposed to be involved in his case based on the law. The advocate acted like a second lawyer against Ray, which was unfair. Next, Ray claimed that the court made a mistake by allowing an expert to speak about “child sexual accommodation syndrome” before the victims testified. The court found that this was not done properly and that it could have made the jury more likely to believe the victims’ stories without proper evidence. Ray also said that it was wrong for the court to allow the parents of the child victims to testify about what their children said. This meant the jury heard claims of abuse more times than they should have, making the children's stories seem more believable than they might be. Ray argued that he was also unfairly treated when the court allowed the prosecution to talk about his past drinking problems to attack his character. The court agreed that this kind of information shouldn’t have been used in that way, especially since the prosecution did not show it related to the case. Finally, Ray argued that all these mistakes added up to make it impossible for him to have a fair trial. The court agreed and decided that the combination of these errors meant he wasn't treated fairly in the trial. In summary, the court decided to reverse Ray's convictions and ordered a new trial so that he could have a fair chance to defend himself in light of the mistakes that were made during the original trial.