Okla. Stat. tit. 21 § 424 Archives

F-2018-623

Post author:Staff
Post published:October 31, 2019
Post category:F

The document outlines a legal case involving Leslie Anne Gregersen who was convicted of Conspiracy Against the State in the District Court of Bryan County, Oklahoma. The Court of Criminal Appeals affirmed her conviction and sentence on October 31, 2019. The case revolved around several allegations made by Gregersen pointing to various errors during the trial, including insufficient evidence for conspiracy, improper admission of evidence from other crimes, ineffective assistance of counsel, improper jury instructions, excessive sentencing, and cumulative errors. Key findings from the case: 1. **Sufficiency of Evidence**: The court found sufficient evidence to support the jury's verdict of conspiracy, affirming that a rational trier of fact could have concluded that Gregersen was guilty beyond a reasonable doubt. 2. **Admission of Evidence**: The testimony regarding other crimes was deemed proper as res gestae evidence, necessary to provide context and understanding of the events surrounding the charged crime. 3. **Ineffective Assistance of Counsel**: The court ruled that Gregersen failed to demonstrate that her counsel's performance was deficient or that it prejudiced her defense. 4. **Jury Instructions and Responsibilities**: The trial court's handling of jury questions regarding sentencing did not mislead the jury about their responsibilities, and any potential errors did not affect the fairness of the proceedings. 5. **Excessive Sentence**: The court concluded that Gregersen's four-year sentence was not shockingly disproportionate to her crime. 6. **Plea Bargaining Deadline**: The court found no error regarding the deadline set for plea bargaining, noting that Gregersen had rejected a plea offer prior to the deadline and had not shown how she was prejudiced. 7. **Cumulative Error**: Since the court did not find merit in any of the individual claims of error, the cumulative error claim was also denied. Overall, all propositions of error were denied, and the judgment and sentence were affirmed.

S-2011-1115

Post author:Staff
Post published:February 20, 2013
Post category:S

In OCCA case No. S-2011-1115, the State of Oklahoma appealed the conviction regarding defendants accused of conspiracy. In a published decision, the court decided that the evidence presented during the preliminary hearing was not enough to support a conspiracy charge against the defendants. The ruling of the lower court was affirmed, and one judge dissented. In this case, the defendants were accused of agreeing to a bribe related to an election. The State claimed that one defendant offered the other a job to persuade her not to run for a Senate seat. The court looked carefully at the evidence and found that there was not enough proof to show that the defendants had a plan to commit a crime together. Thus, their appeal was rejected, and the original decision was upheld, concluding that the charge of conspiracy was not valid based on the information provided.

S-2006-117

Post author:Staff
Post published:August 29, 2006
Post category:S

In OCCA case No. S-2006-117, the husband and wife, Larrie and Theresa Moyers, appealed their case concerning charges related to a scheme to defraud the State. They were originally indicted for multiple counts including conspiracy, bribery, and tax violations. Larrie had previously entered a guilty plea and received a sentence. Later, he sought to modify this sentence, which the court granted by reducing his time in prison and adding conditions like probation and treatment. After this modification, the State brought new charges against both Larrie and Theresa. They argued that these charges were unfair and retaliatory, claiming it was revenge for the sentence modification. The trial court agreed, finding that the new charges were indeed retaliatory and dismissed them, stating that this was against due process rights. The State then appealed this dismissal. The court reviewed whether it could hear the appeal and decided it could, as the dismissal was tied to constitutional issues. Ultimately, they affirmed the lower court's decision, agreeing that the State's action against the Moyers was inappropriate. The decision was published and affirmed the dismissal of all charges against them, maintaining the previous ruling of retaliation based on the lawful actions taken by Larrie Moyers to modify his sentence.