Okla. Stat. tit. 20 § 3001 Archives

F 2014-3

Post author:Staff
Post published:May 26, 2015
Post category:F

In OCCA case No. F-2014-3, Edwin Jermaine Daniels appealed his conviction for several serious crimes including burglary, robbery, kidnapping, and assault. In an unpublished decision, the court decided to affirm most of the trial court's decisions but did vacate some of the fines associated with his sentences. One judge dissented. During the trial, Daniels was found guilty of multiple counts connected to violent crimes he committed with a co-defendant. The judge sentenced him to a total of many years in prison and imposed fines for each count. Daniels raised several issues on appeal, arguing that there were mistakes made during his trial that affected the fairness of the process. First, he claimed that the jury instructions were confusing and reduced the State’s burden to prove guilt. The court found that since there were no objections to the instructions during the trial, they did not affect the trial's result. Second, Daniels objected to being told the fines were mandatory, but the court found that this was also a mistake that the State admitted to; thus, the fines were removed for certain counts. He also claimed prosecutorial misconduct, arguing that comments made by the prosecutor during the trial unfairly influenced the jury. The court ruled that these comments did not significantly change the trial's outcome. Daniels further contended that he did not receive effective legal assistance. The court concluded that his lawyer's performance did not meet a standard of failure that would have changed the trial's result. In the end, while the court affirmed the convictions, it removed the fines that were wrongly imposed, ensuring that Daniel's rights were respected where the trial process fell short.

F-2013-668

Post author:Staff
Post published:August 26, 2014
Post category:F

In OCCA case No. F-2013-668, Aaron M. Holmes appealed his conviction for Possessing A Firearm After Felony Conviction. In an unpublished decision, the court decided to modify his sentence. One judge dissented. Aaron M. Holmes was found guilty by a jury for having a gun after previously being convicted of felonies. The jury sentenced him to life in prison and a fine of $10,000. Holmes appealed the conviction, stating several reasons he believed the trial was unfair. He argued that the prosecutor made mistakes by asking the jury to think about evidence from the first part of the trial in later parts. He also claimed his lawyer didn't help him well and that the jury was unfairly influenced by information about his past sentences, leading to a harsh punishment. The jury did clear Holmes of two other charges related to robbery and assault. During the court's review, it was found that the prosecutor was correct in including evidence from the earlier stages of the trial when discussing Holmes's situation. Because Holmes did not raise this concern during the trial, he could not challenge it fully on appeal. Concerning Holmes's claim about the prosecutor mentioning his past sentences, the court found that this was indeed a mistake since it could affect how the jury decided on his punishment. Because the jury opted for the maximum sentence possible, the court modified Holmes's punishment from life in prison to 30 years. As for the argument about the lawyer, the court decided it didn't make sense to say the lawyer was ineffective since the earlier issue was found not to be an actual error. Thus, this part of Holmes's appeal was denied. The court ultimately decided to keep the conviction but changed the length of the prison sentence to be less than what was initially given.