Okla. Stat. tit. 12 § 2704 Archives

F-2017-1001

Post author:Staff
Post published:January 2, 2020
Post category:F

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 In an unpublished decision, the court decided to affirm his convictions and sentences.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.

F-2017-949

Post author:Staff
Post published:June 13, 2019
Post category:F

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 In an unpublished decision, the court decided to affirm her judgment and sentence.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.

F-2006-352

Post author:Staff
Post published:May 7, 2007
Post category:F

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.

F 2002-1339

Post author:Staff
Post published:October 24, 2002
Post category:F

In OCCA case No. F 2002-1339, Marlon L. Johnson appealed his conviction for Kidnapping, First Degree Rape, and Forcible Sodomy. In an unpublished decision, the court decided to reverse the conviction for First Degree Rape and remand it to the district court for dismissal, while affirming the convictions for Kidnapping and Forcible Sodomy. One judge dissented. The case began when Marlon L. Johnson was found guilty of three serious crimes after a jury trial in Tulsa County. He was sentenced to thirty-five years for each crime, to be served one after the other, totaling a significant amount of time. Johnson claimed that there were many mistakes made during his trial, which he believed should lead to a reversal of his convictions or a new trial. The court looked at the arguments Johnson made. He said the charges were mixed up and that it wasn't clear whether the jury agreed on the specific facts for the rape charge. The court agreed that the jury might have relied on different facts to reach their decision about the rape charge, so they reversed that conviction. However, the court felt that there was enough evidence to support the kidnapping conviction, meaning they believed the jury was right about that part. Johnson also argued that his lawyer didn't do a good job, but the court felt his lawyer performed effectively. Other arguments made by Johnson, like improper statements from the prosecutor and issues with sentencing, were not enough to change the overall decision. The court decided that some mistakes were made, but they were not serious enough to hurt Johnson's chances for a fair trial. In the end, the court confirmed the kidnapping and forcible sodomy convictions because they believed the jury made the right decisions for those charges. However, because they couldn't be sure about the rape charge, they sent it back to be dismissed.

F 2000-862

Post author:Staff
Post published:December 19, 2001
Post category:F

In OCCA case No. F 2000-862, Taress Lamont Owens appealed his conviction for Unlawful Possession of a Controlled Drug with Intent to Distribute. In an unpublished decision, the court decided to affirm the conviction but vacate the $11,000 fine. One judge dissented. Taress Lamont Owens was found guilty by a jury in a case related to illegal drug possession. He was sentenced to 60 years in prison and a fine of $11,000. Taress believed there were several reasons why his conviction should be overturned or the fine changed, so he appealed the decision. First, he argued that the evidence against him should not have been allowed in court because it was obtained in violation of his rights. However, the judges felt that the search was legal because it was done with consent. They confirmed that the evidence was strong enough to convict him based on the facts of the case. Taress also thought that the evidence presented against him was not enough for a conviction. But the judges disagreed, saying there was sufficient proof that he intended to sell the drugs. He mentioned that some evidence was not relevant to the case, but the judges found the officer’s testimony useful to show the intention behind his actions. Taress raised issues about his rights being violated and that he did not receive proper help from his lawyer during the trial. The judges looked at these claims and stated that there was no proof that he had been poorly represented in court. Finally, while the judges agreed on most points, they all felt that the fine imposed by the jury was too high according to the law. They decided to cancel the fine because the jury's instructions were incorrect regarding whether the fine should be mandatory. In conclusion, the court upheld Taress Lamont Owens' conviction but nullified the excessive fine, allowing him some relief from the financial penalty imposed during the trial.