Okla. Stat. tit. 12 § 2702

F-2017-1001

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In OCCA case No. F-2017-1001, Jacob Darrell Tyre appealed his conviction for child abuse and child neglect. In an unpublished decision, the court decided to affirm his convictions and sentences. One judge dissented. Jacob Darrell Tyre was found guilty by a jury in Tulsa County for child abuse and child neglect. He received a sentence of eight years in prison for child abuse and twelve years for child neglect, with both sentences served back-to-back. He was also fined but the fines were later suspended. Tyre argued three main errors in his appeal. First, he claimed his lawyer had not effectively represented him because the lawyer admitted Tyre was guilty of child abuse without discussing it with him first. The court looked into this issue and found that the lawyer had actually talked to Tyre about this strategy beforehand, and Tyre approved it, even if he was not happy about it. Second, Tyre believed that the actions of the prosecutor made his trial unfair. However, the court found that there were no clear mistakes that affected the fairness of the trial. Third, Tyre challenged the testimony of a doctor who suggested that a child was abused. Since Tyre did not object to this during the trial, the court reviewed it for serious mistakes but found that the doctor's testimony was allowed. In the end, the court upheld Tyre's convictions and sentences, ordering that the decision be effective immediately.

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F-2018-194

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In OCCA case No. F-2018-194, the appellant appealed his conviction for sexual abuse of a child under twelve and child sexual abuse. In an unpublished decision, the court decided to affirm the convictions. One judge dissented. The appellant, William Harold Pittman, was convicted by a jury for serious crimes against children. The jury gave him a punishment of thirty years in prison for each crime, and both sentences were meant to be served one after the other. The judge who oversaw the trial also ordered the appellant to pay various costs and fees. Pittman appealed his conviction, claiming that the trial court made a mistake by allowing expert testimony about something called the Child Sexual Abuse Accommodation Syndrome (CSAAS). He argued that this evidence was not relevant and should not have been allowed, saying it was not proven to be reliable. The court explained that the decision to allow expert evidence is usually up to the trial judge. If a specific objection is made during the trial, then the appeal cannot rely on a different argument later. Pittman did not object during the trial to the CSAAS evidence based on its relevance or reliability, which made his chance for appeal more difficult. To win an appeal based on a plain error, the appellant needs to show three things: that there was a real error, that it was obvious, and that the error affected the case's outcome. The court found that Pittman could not prove any such errors in this case. The court stated that previously, CSAAS had been accepted as reliable evidence in prior cases. This evidence can help explain why some children might take a long time to talk about the abuse or might change their statements after initially making claims. In this case, the court confirmed that the CSAAS evidence was relevant to the victim's delay in talking about the abuse. Pittman also claimed that there wasn't enough data to prove CSAAS was reliable and asked the court to reconsider accepting it as reliable evidence. However, the court refused to change its stance, stating that it would not revisit this issue. Lastly, Pittman argued that the CSAAS testimony was too supportive of the victim's story and could not be considered harmless. The court pointed out that this evidence was permissible because it only served to support what the victim and other witnesses testified about. The court ultimately found no errors in the trial regarding the way CSAAS evidence was handled, and therefore affirmed the judgments and sentences against Pittman.

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F-2017-1149

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In OCCA case No. F-2017-1149, Moore appealed his conviction for Permitting Invitees Under 21 to Possess or Consume Alcohol, Child Neglect, and Transporting a Loaded Firearm in a Motor Vehicle. In an unpublished decision, the court decided to affirm the judgment and sentence imposed by the district court. One judge dissented. Moore was convicted for crimes related to a party where a fifteen-year-old boy named N.F. drank too much alcohol and died from alcohol poisoning. The party took place at the home of a sixteen-year-old friend, and although Moore was not there, the court had to decide if he was responsible for what happened because he was in a relationship with the boy's mother, who lived at that house. The first major point in the case was whether there was enough evidence to support Moore’s convictions. The court found that there was, especially because Moore admitted he lived with the mother and his driver's license listed that address. This was important as the law stated that he could be held responsible for underage drinking and neglect if he was living there. Moore also argued that he didn’t get a fair trial because his lawyer did not do a good job. He mentioned that his lawyer failed to object to certain testimonies from a worker in child protective services. The court looked into this claim but concluded that it didn’t affect the fairness of the trial enough to change the outcome. They thought that defense counsel did present evidence to support Moore's case, showing he may not have lived at the home when N.F. died. Another issue was about evidence presented during the trial. Moore’s lawyer did not object to the testimony from the child protective services worker, which led to the question of whether this testimony hurt his case. The court found that while this testimony might have been improper, it did not significantly affect the trial's result since the jury could have made their decision based on other evidence presented. Moore also claimed he should get credit for the time spent in jail before his sentencing. However, the court said it was up to the judge to decide about giving credit for time served, not mandatory. They believed the judge made the right choice and affirmed the decision. In conclusion, the court upheld Moore's convictions and sentences, affirming that there was enough evidence against him and that his rights to a fair trial were not violated. Moore was denied the motion to have a hearing about his lawyer's effectiveness in defending him.

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F-2017-949

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In OCCA case No. F-2017-949, Montoyia Corbitt appealed her conviction for Manslaughter in the First Degree-Heat of Passion. In an unpublished decision, the court decided to affirm her judgment and sentence. One judge dissented. Montoyia Corbitt was tried for a crime that involved the death of another person. During her trial, she claimed she acted in self-defense. However, the jury found her guilty, and she was given a six-year prison sentence. The law said she had to serve at least 85% of her sentence before she could be considered for parole. Corbitt made three main arguments in her appeal. First, she believed the evidence was not enough to prove she did not act in self-defense. The court explained that self-defense is a reason someone can use force, but it has to be reasonable. They found there was enough evidence that showed Corbitt's fear was not reasonable and, therefore, not justified in using deadly force. Second, Corbitt argued that a police officer’s opinion in her trial influenced the jury and was not fair. The court reviewed this matter and decided that the officer's testimony was allowed because it was based on what he observed during the investigation. They concluded that his statements helped clarify what happened during the incident without directing the jury toward a specific conclusion. Third, Corbitt was concerned about a photograph that showed her face during a police interview. She thought it was not relevant and unfairly prejudiced her case. The court ruled the photo was relevant because it helped support her claim of self-defense. They believed the image added to the understanding of the situation rather than just being harmful to her. Ultimately, after looking at all the arguments and evidence, the court agreed with the jury’s decision and affirmed her conviction.

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F-2006-352

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In OCCA case No. F-2006-352, Jerome Monroe appealed his conviction for First Degree Murder. In an unpublished decision, the court decided to affirm the judgment but reversed the sentence and sent the case back for resentencing. One judge dissented. Jerome Monroe was found guilty of killing his girlfriend, Ronda Doyle, on December 24, 2004. He shot her in the face while they were at home. Monroe claimed that the gun went off by accident while he was trying to unload it. After the shooting, he tried to hide the body and lied to family members about Doyle's whereabouts. The jury had the option to sentence Monroe to life in prison or life without the possibility of parole. He argued that the court should have instructed the jury about the rules regarding parole eligibility. The court later decided that such instructions should be given in these cases, making Monroe eligible for this benefit. Monroe also believed he should have received instructions on a lesser charge of second-degree manslaughter. The court found that while the evidence might support some form of manslaughter, Monroe had admitted to trying to handle the gun while intoxicated, which did not warrant a lesser charge. Regarding Monroe's actions after the shooting, the court explained that his attempts to cover up the crime could be seen as evidence of guilt. Although he wanted his lawyer to object to certain evidence, the court concluded there was no harm since the jury could rightly consider such actions. Monroe argued that his lawyer was not effective, claiming that the lawyer didn't use important information about a witness’s statement. However, the court found that even without the alleged mistakes, Monroe could not show that he was harmed by any of the lawyer's actions. Overall, the court concluded that the main issue in the case was the jury's instructions about the possibility of parole. They determined that the absence of instructions about the 85% rule could have affected the outcome and thus decided the case should be sent back for resentencing.

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F-2005-228

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In OCCA case No. F-2005-228, Gordon Fife Franklin appealed his conviction for Kidnapping, Assault and Battery with a Dangerous Weapon, and Cruelty to Animals. In an unpublished decision, the court decided to reverse the conviction for Cruelty to Animals and to modify the sentences for the remaining convictions to 55 years each instead of 250 years. One judge dissented. Franklin was found guilty by a jury and received a very long sentence for his crimes. The jury thought that his actions were very bad and wanted him to spend a lot of time in prison. However, the court later said the sentences were too long. They decided that the evidence for one of the charges, Cruelty to Animals, was not strong enough to keep that conviction. During the trial, the court let different pieces of evidence be shown to the jury. Some of this evidence was questioned later, but the court said that it didn't really change the outcome of the trial. They said that even though there were mistakes made in the trial, the serious charges of Kidnapping and Assault were still valid. Overall, the court agreed that while Franklin did do some wrong things, the punishments should be reduced to a more reasonable amount of time. In conclusion, Franklin's punishment was lightened, and the charge for hurting the animal was removed completely.

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F-2004-1080

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In OCCA case No. F-2004-1080, Kirk Douglas Byrd appealed his conviction for multiple offenses, including Unlawful Possession of a Controlled Drug and Driving Under the Influence of Intoxicating Liquor. In a published decision, the court decided to affirm most of the convictions but modified the sentence for the DUI charge to ten years. One judge dissented.

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F 2003-1163

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In OCCA case No. F 2003-1163, Christopher Ray Murphy appealed his conviction for four counts of indecent or lewd acts with a child under sixteen. In an unpublished decision, the court decided to affirm the convictions, but modified the sentences to run concurrently instead of consecutively. One judge dissented.

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F-2002-1470

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In OCCA case No. F-2002-1470, Wafford appealed his conviction for several crimes. In a published decision, the court decided to affirm part of the convictions and reverse one of them. One judge dissented. Michael Orlando Wafford was found guilty by a jury of trafficking in illegal drugs, possession of a firearm while committing a felony, possession of a controlled dangerous substance with intent to distribute, and concealing stolen property. The jury gave him a total of fifty-five years in prison for these crimes. There were several issues that Wafford raised in his appeal. First, he argued that there wasn’t enough evidence to support his conviction for possessing a gun while committing a felony and that the evidence for trafficking was also weak. The court, however, found that the evidence was enough to show that Wafford had control over the drugs found and that there was a connection between the gun and the drug crimes. Next, Wafford pointed out that it was unfair to charge him with two different crimes because of the same gun. The court agreed, sending back instructions to dismiss the conviction for concealing stolen property since it stemmed from the same act of having the gun. Wafford also claimed that some evidence during the trial was unfair to him and that he did not get a fair trial because of it. The court found that the objections raised did not significantly affect the outcome of the trial. Overall, the court upheld the conviction for trafficking and the possession of a firearm while committing a felony, concluding that the evidence supported those charges. However, they also ruled that Wafford's conviction for concealing stolen property was not valid and ordered it to be dismissed.

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F-1999-1422

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In OCCA case No. F-99-1422, Crider appealed his conviction for Murder in the First Degree. In an unpublished decision, the court decided to reverse and remand the case for a new trial. One judge dissented. Crider was found guilty of killing his 12-year-old stepdaughter, Crystal Dittmeyer, after she went missing in 1996. In trial, the evidence against him included blood found in their home and in his car, as well as a patterned injury on Crider's arm that was argued to be a bite mark from Crystal. The prosecution claimed Crider transported her body in a garment bag and disposed of it. Crider raised several issues in his appeal, including concerns about the reliability of expert testimony that suggested the bite mark on his arm could have come from Crystal. The court found that the expert methods used were not scientifically reliable and did not help the jury understand the evidence. This issue alone warranted a reversal of the conviction. Additionally, the court identified errors in admitting evidence related to luminol tests, which suggested the presence of blood in Crider's car but later tests were inconclusive. The admission of testimony related to a rural area where Crystal's body was not found was also seen as prejudicial and misleading. Overall, the court determined that the combination of these errors negatively impacted Crider's right to a fair trial. The ruling emphasized the need for reliable and helpful expert evidence in criminal trials, especially in cases involving serious allegations like murder. The court called for a new trial to ensure Crider received a fair hearing.

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F 2000-515

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In OCCA case No. F 2000-515, Larry Alan Schroeder appealed his conviction for multiple serious crimes including burglary and sexual offenses. In an unpublished decision, the court decided to affirm most of his convictions and sentences but reversed some related to specific counts due to insufficient evidence and legal issues. One judge dissented regarding the reversal of certain burglary counts, believing there was enough evidence to support those convictions. Ultimately, some charges were upheld while others were dismissed, shaping the outcome of the appeal.

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