Okla. Stat. tit. 21 § 701.7(B)

S-2020-79

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In OCCA case No. S-2020-79, Stricker appealed his conviction for First Degree Murder and Desecration of a Human Corpse. In an unpublished decision, the court decided to affirm the ruling of the District Court that dismissed the alternative charge of First Degree Felony Murder during the commission of a kidnapping. None dissented. On April 17, 2019, Stricker was charged with serious crimes including First Degree Murder in Kingfisher County. Later, he faced an amended charge stating he could be guilty of First Degree Premediated Murder or First Degree Felony Murder related to kidnapping. During a hearing, the judge decided to dismiss the kidnapping charge based on insufficient evidence, which led the State to appeal the decision. The State argued that the judge’s decision was incorrect because they believed there was enough evidence to show that a crime occurred and that Stricker was involved. They said that at a preliminary hearing, it's essential to prove that probably a crime was committed and that the person involved might have done it. The judge ruled that although Stricker was in a position to manage his victim, there wasn't enough proof to suggest he intended to kidnap her. The second argument from the State was about the timing of Stricker's motion to quash the charges. They claimed the judge should not have considered this motion because it was filed after he pleaded not guilty. However, the court found that the judge did have the authority to hear the motion, even though the prosecution thought otherwise. Ultimately, the court found no error in the District Court's decision to dismiss the charge of First Degree Felony Murder related to kidnapping and decided to uphold that dismissal.

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F-2017-67

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The document provided is an appellate court opinion regarding the case of Cedric Dwayne Poore, who was convicted in the District Court of Tulsa County for multiple counts of Murder in the First Degree and Robbery with a Firearm. The Court of Criminal Appeals of Oklahoma ultimately affirmed the convictions and sentences. ### Key Points from the Opinion: 1. **Charges and Convictions**: - Cedric Dwayne Poore was convicted of four counts of Murder in the First Degree through felony murder and two counts of Robbery with a Firearm. - The underlying felony for the murder counts was robbery committed in the course of the murders of four victims. 2. **Evidence Against Appellant**: - Witnesses testified that Poore and his brother shot and killed four victims in a robbery at an apartment. - Testimony from Jamila Jones, who was in contact with both brothers before the murders, suggested that they were planning to rob the victims. - Forensic evidence included DNA found on a cigarette near the victims and .40 caliber shell casings linking both Poore and the weapon used in other crimes. 3. **Proposition of Errors Raised on Appeal**: - **Hearsay**: The trial court’s denial of an affidavit from a witness who invoked the Fifth Amendment was challenged, but the court found no plain error. - **Sufficiency of Evidence**: Poore challenged the sufficiency of evidence, claiming that he was not directly involved in the murders, but the court held that circumstantial evidence sufficiently supported the convictions. - **Other Crimes Evidence**: The admissibility of evidence from a separate robbery was upheld as relevant and probative to establish motive and identity. - **Identification Testimony**: The court found no error in the admission of identification testimony from witnesses. - **Accomplice Corroboration**: The testimony of accomplices was found to be sufficiently corroborated by other evidence. - **Cell Phone Records**: Although the use of cellphone records without a warrant raised Fourth Amendment concerns, the evidence was deemed admissible under the good faith exception. - **Search Warrant**: Poore's arguments regarding the invalidity of the search warrant and execution of the search were rejected by the court. - **Cumulative Error**: The cumulative effect of any errors did not warrant relief, as the court found no substantial errors during the trial. 4. **Final Ruling**: - The Court affirmed the District Court's judgments and sentences without finding any significant legal errors that would warrant reversal. ### Conclusion: The case demonstrates the complex interplay of various legal standards, evidentiary challenges, and the appeals process for criminal convictions. The appellate court's decision reflects a thorough examination of both the procedural and substantive issues raised by the appellant, ultimately leading to the affirmation of the convictions based on the evidence presented at trial.

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F-2016-82

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In OCCA case No. F-2016-82, Angel Marie Proctor appealed her conviction for First Degree Murder, Kidnapping, and Assault and Battery with a Deadly Weapon. In a published decision, the court decided to reverse and remand the kidnapping conviction with instructions to dismiss, while affirming the other convictions. One judge dissented.

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F-2012-622

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In OCCA case No. F-2012-622, Dewayne Edward Kemp appealed his conviction for First Degree Felony Murder and First Degree Burglary. In an unpublished decision, the court decided to affirm the conviction for First Degree Felony Murder but vacated the conviction for First Degree Burglary due to double jeopardy. One judge dissented. Kemp and two accomplices attempted to burglarize a home when the homeowner shot one of the accomplices fatally and injured Kemp. During his time in jail, Kemp made incriminating statements on recorded phone calls. Kemp's appeal included several arguments. He claimed that the state wrongly used hypothetical questions during jury selection, which he said made it difficult to have a fair trial. However, the court found these questions helpful for understanding the law and ruled against him. He also argued that he should have been allowed to present a statement made by a co-defendant, claiming that he was the one who planned the burglary. But since Kemp could not show that this statement would prove his innocence, the court upheld the trial court's decision to exclude it. Kemp raised concerns about the prosecutor's choice to strike some jurors, suggesting it was based on gender. The court reviewed the reasons given by the prosecutor for these strikes and concluded that they were valid, thus rejecting Kemp's argument. Kemp pointed out that being convicted of both felony murder and burglary for the same incident was unfair and violated his rights against double jeopardy. The court agreed with this claim and voided the burglary conviction, stating that the two charges were too closely related. In summary, the court maintained Kemp's felony murder conviction but removed the burglary charge as it conflicted with double jeopardy rules.

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F-2011-866

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In OCCA case No. F-2011-866, Emanuel D. Mitchell appealed his conviction for Murder in the First Degree and Conspiracy to Commit a Felony (Robbery with a Dangerous Weapon). In a published decision, the court decided to reverse his convictions and remand the case for a new trial where Mitchell may have the chance to represent himself. One judge dissented. Mitchell was found guilty of serious crimes and was sentenced to life imprisonment for murder and additional years for conspiracy. He felt he was not being properly defended by his attorney and had asked multiple times to have his attorney replaced. Eventually, he requested to represent himself, expressing dissatisfaction with his legal counsel. The court found that Mitchell’s request to represent himself was clear and that he understood the risks of doing so. The court concluded that he had the constitutional right to self-representation, which had been violated when his request was denied. Although the court addressed other issues raised in Mitchell’s appeal, the main reason for the reversal was the denial of his right to represent himself. The dissenting opinion argued that the trial court acted correctly by not allowing Mitchell to self-represent due to his disruptive behavior during the trial process. In summary, the decision allows Mitchell another opportunity to conduct his own defense, considering that he properly requested this right before the trial proceedings were fully underway.

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C-2008-273

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In OCCA case No. C-2008-273, Charles Bert Jones, Jr. appealed his conviction for First Degree Felony Murder, Assault and Battery with a Dangerous Weapon, and Conspiracy to Commit a Felony. In an unpublished decision, the court decided to grant Jones the ability to withdraw his plea and proceed to trial. One judge dissented. Jones entered a guilty plea for serious charges in the Oklahoma County court. The judge gave him life sentences for some counts and a ten-year sentence for another, but his requests to change this were denied. The main issue was whether he made his guilty plea knowingly, which means he understood what he was doing. The court found that there was enough evidence to say that Jones was misled by his attorney, who suggested he would get a better sentence than what the judge actually imposed. Because of this situation, the court ruled that Jones should be allowed to undo his plea and have a new trial. They ordered his case to be handled by a different judge to avoid any unfairness. The dissenting judge felt there was no strong evidence to grant Jones's request and believed the original decision should stand.

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F-2006-68

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In OCCA case No. F-2006-68, Gregory Scott Thompson appealed his conviction for First Degree Felony Murder. In an unpublished decision, the court decided to affirm the conviction but modified the sentence from life without the possibility of parole to life imprisonment. One judge dissented. ### Summary of the Case Gregory Scott Thompson was found guilty of First Degree Felony Murder after being involved in an attempted robbery that led to the death of Jerry McQuin. The events occurred on November 18, 2003, when Randy Davis and Clifford Hamilton went to Laquita Stevenson’s house. Tensions rose between Davis and McQuin, who was living with Stevenson at the time. Thompson, along with Gatewood, arrived after Davis called him over. When McQuin returned home, Thompson and Gatewood armed with guns demanded McQuin's car keys. McQuin was forced outside where he was shot after a brief confrontation about the keys. Stevenson, still inside, heard the commotion and eventually the gunshots that killed McQuin. Although no one directly saw Thompson shoot McQuin, evidence showed he was actively involved in the robbery attempt that resulted in McQuin's death. ### Court Opinions The court addressed several key legal arguments presented by Thompson: 1. **Exclusion of Evidence**: Thompson argued that the trial court should have allowed evidence that McQuin had drugs and money, which could suggest a drug deal gone wrong. The court ruled that this evidence didn’t sufficiently connect another person to the crime and would risk confusing the jury. 2. **Cross-Examination Limitations**: Thompson claimed his rights were violated when the court limited his lawyer's ability to cross-examine witnesses. The court found that the trial judge exercised discretion within reasonable limits. 3. **Custodial Statements**: Thompson contended that his rights were violated when his statements made after invoking his right to counsel were allowed into evidence. The court found that he did not clearly assert his right to counsel at the time and therefore the statements were admissible. 4. **Sufficiency of Evidence**: Thompson maintained that there was not enough evidence to convict him since no one saw him shoot McQuin. The court found that the evidence was sufficient to show he was an active participant in the attempted robbery, thus affirming the conviction. 5. **Sentencing Issues**: Thompson challenged various sentencing procedures, including that the trial was improperly bifurcated and that he was not correctly informed about his eligibility for parole. The court acknowledged these errors and modified the sentence accordingly. 6. **Ineffective Assistance of Counsel**: Thompson argued that his attorney failed to effectively represent him in several respects. The court ruled that these claims did not demonstrate a significant chance that the outcome would have been different. Both the prosecution's case and Thompson's defense contributed to the complex nature of the trial. Ultimately, while his conviction was upheld, the errors in sentencing led to a modification of his sentence to life with the possibility of parole.

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