Okla. Stat. tit. 21 § 711

C-2008-682

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In OCCA case No. C-2008-682, Floyd Ray Williams, Jr. appealed his conviction for manslaughter in the first degree, leaving the scene of an accident resulting in death, eluding an officer, and driving under suspension. In an unpublished decision, the court decided to grant part of his appeal and deny the rest. One judge dissented. Williams had entered a nolo contendere plea, which means he did not admit guilt but accepted punishment for the crimes charged. He was sentenced to a total of 51 years in prison and fines for the various offenses. Williams later tried to withdraw his plea, claiming he had not been given the right information about his punishment and that his lawyer had not helped him properly. The court looked closely at Williams’s arguments. They agreed that he did not know he could get jail time for driving under suspension, so they decided to cancel that one-year sentence. However, they found that his pleas for the other charges were made with understanding, and he couldn't show that he would have acted differently if he had known the correct punishments for the other counts. The judges also believed that the prison sentences were not too harsh, and Williams didn’t prove that his lawyer had done a poor job. Since they found that all but one of Williams's claims were not valid, they denied those parts of the appeal. As a result, the court ordered the lower court to fix a small mistake in the paperwork regarding Williams’s plea and the specific laws he was charged with breaking. The end decision allowed Williams to be resentenced for one specific charge and made sure all details were correct in the official records.

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F-2006-408

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In OCCA case No. F-2006-408, Johnny Lee Whitworth appealed his conviction for First Degree Manslaughter. In an unpublished decision, the court decided to affirm the judgment but modified his sentence. One judge dissented. Whitworth was found guilty of killing someone, but the jury believed he was too drunk to intend to kill, so they convicted him of the lesser charge of manslaughter instead of murder. The jury gave him a sentence of 100 years in prison. Whitworth raised several arguments in his appeal: 1. He argued that the jury instructions didn't mention self-defense as a possible defense to manslaughter. 2. He claimed the evidence was not enough to prove he did not act in self-defense. 3. He complained that the jury was not informed about the 85% Rule, which means a person must serve only a portion of their sentence before becoming eligible for parole. 4. He thought his sentence was too harsh. The court found that the jury instructions were overall fair and included necessary information about his defenses. They also concluded that there was enough evidence for the jury to decide against his claim of self-defense. However, the court noted an error regarding the jury not being informed about the 85% Rule when they asked about the actual time Whitworth would serve. This was an important mistake because it might have led the jury to give a longer sentence than they would have if they had understood how the 85% Rule worked. Given that this error occurred and that Whitworth did not have a criminal record, the court decided to reduce his sentence from 100 years to 50 years. In summary, while the court upheld the conviction, they felt it was fair to change Whitworth's sentence to lesser punishment due to the lack of information given to the jury about his potential time in prison.

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C-2005-1

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In OCCA case No. C-2005-1, Victor Alfonso Duenas-Flores appealed his conviction for first-degree manslaughter. In a published decision, the court decided to grant his appeal, vacate the judgment and sentence, and allow him to withdraw his guilty plea. One judge dissented. Victor Duenas-Flores, who is from Mexico, was involved in a car accident on August 9, 2003, where he crossed the centerline of a highway and hit another car head-on, resulting in the death of the other driver. Duenas-Flores had a high blood alcohol content of 0.21 at the time of the accident. Due to this event, he was charged with first-degree manslaughter. On August 12, 2004, Duenas-Flores pleaded guilty to the charge in court and was sentenced to 45 years in prison. After some time, he wanted to change his plea but the court denied his request. He then took his case to a higher court, claiming that he was not informed about his rights under a treaty that allows foreign nationals to contact their consulate when they are in legal trouble. This lack of information made him feel pressured to plead guilty because he thought he would not have enough resources to defend himself without expert testimony, which he hoped to get help for from the Mexican consulate. The higher court found that the trial court had made an error. Even though it was confirmed that Duenas-Flores was not informed about his consulate rights as required, the trial court ruled that he could not prove that this violation affected his understanding of his guilty plea. The higher court disagreed and said that it was likely that Duenas-Flores would have chosen to go to trial instead of pleading guilty if he had known about his rights, and thus he should be allowed to withdraw his guilty plea. The ruling meant that Duenas-Flores had a chance to defend himself again, and the court did not assess whether his sentence was too long since they granted relief based on the violation of his rights.

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C-2006-863

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In OCCA case No. C-2006-863, the petitioner appealed his conviction for First Degree Manslaughter. In an unpublished decision, the court decided to deny the petitioner's request for further review. One member of the court dissented. To explain further, the case began when the petitioner, Wilkerson, entered a blind plea, meaning he agreed to plead guilty without any deal from the prosecutor, to a serious charge of First Degree Manslaughter. This happened in the Tulsa County District Court. In June 2006, the court accepted his plea and decided that he would spend life in prison, but he would only have to serve 20 years of that sentence right away. The court also ordered him to pay $10,000 as restitution. A little later, in July 2006, Wilkerson wanted to take back his plea and filed a motion to withdraw it, but the court said no after a hearing in August. Following this, Wilkerson decided to appeal and asked for a special review from the OCCA. During the appeal, Wilkerson pointed out three main areas he felt were wrong: 1. He believed his sentence was affected by bias and improper evidence presented in court, leading to a sentence that was too harsh. 2. He argued that he should not have to pay the $10,000 fine since it was not mentioned correctly in the sentence. 3. He wanted the official records to show the date his sentence was first pronounced, which was June 23, 2006. After looking at all the records, it was determined that Wilkerson's plea was made willingly and his sentence was not excessive. The court agreed that the $10,000 fine was wrongly imposed and should be removed, but they also acknowledged that the trial court had done the right thing by dismissing the restitution order since no evidence supported it. The decision concluded with the court denying Wilkerson’s request for a special review but correcting the record to eliminate the fine and officially reflecting the correct date of sentencing.

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F-2005-110

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In OCCA case No. F-2005-110, Marvin Royston White appealed his conviction for three counts of first degree manslaughter due to driving under the influence. In an unpublished decision, the court decided to reverse his convictions and remand the case for a new trial. One judge dissented. Marvin Royston White was found guilty by a jury for causing the deaths of three people while driving after consuming alcohol. The jury set him to serve twenty years for each count, making a total of sixty years in prison. White argued that he did not intentionally drink alcohol that day because he took cold medicine which he didn't know contained alcohol. White claimed that his attorney did not help him properly at trial by not asserting certain defenses, including involuntary intoxication. He mentioned that his attorney didn’t ask for a jury instruction on this defense, simply arguing that he was not guilty due to sleep apnea causing him to fall asleep while driving. The court considered whether the trial court should have instructed the jury on involuntary intoxication since White's defense was that he unknowingly consumed alcohol. The court felt this was important as it could have changed the jury's decision if they understood that his intoxication was not voluntary. Since the lower court did not give that instruction, the OCCA found it to be a major mistake that could have impacted the verdict significantly. Therefore, they decided to reverse White's conviction and ordered a new trial to give him a fair chance to present his defense properly. The dissenting judge believed that the evidence did not support the need for that jury instruction on involuntary intoxication, arguing that White was responsible for his actions and knowingly drove under the influence. Ultimately, White’s appeal was granted, allowing him a chance for a new trial to properly address his defense.

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C 2006-497

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In OCCA case No. C 2006-497, Tommy Lee Williams appealed his conviction for Child Abuse. In a published decision, the court decided to modify Williams' sentence. One judge dissented. Tommy Williams pleaded guilty to Child Abuse, which is a serious crime involving harm to children. He was initially given a very long sentence of life in prison, but with 30 years of it suspended, meaning he wouldn't have to serve that part if he followed certain rules while on probation. The court also said he would need to follow rules as a violent offender for his whole life. Williams didn't agree with the sentence. He thought it was way too harsh. He also mentioned that the judge might have taken unproven bad behavior into account when deciding the punishment. Williams' lawyers believed that the judge had made some mistakes, so they filed a motion asking the court to let him change his guilty plea. They pointed out four main issues they thought were problems with the judge's decisions. First, they argued that the length of the sentence was surprising and excessive. Second, they felt the judge didn't check if Tommy was mentally ready to go through with the plea. Third, they claimed it wasn’t fair for the judge to make Williams be on supervision for life, as that's a long time. Fourth, they said Tommy wasn't clearly told about the potential length of his sentence and a special rule that could mean he'd have to serve 85% of his time before getting out. The court looked through all the information presented in the case. They decided that Williams' sentence was too harsh when they compared it with similar cases. They agreed that some of the reasons the trial judge gave for his decision weren't valid. Child abuse is serious, but the punishment given to Williams felt wrong to the appeals court. About the lifetime supervision, the court believed that was also not right. They then concluded that they needed to change the sentence to make it fairer. In the end, the court lowered Williams' sentence to 20 years instead of life. They said he would still need to follow rules during his time in prison, but that the earlier sentence was just too much for the crime he committed. They sent the case back to the lower court to make sure their decision was put into action.

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C-2006-571

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In OCCA case No. C-2006-571, Robert Carl Sharp appealed his conviction for three counts of First Degree Manslaughter. In an unpublished decision, the court decided to grant certiorari and remand the case to the district court for further proceedings. One judge dissented. Robert Carl Sharp was convicted on January 5, 2006, after he entered guilty pleas to three counts of First Degree Manslaughter in the Pottawatomie County District Court. His sentencing was postponed until a Presentence Report could be made. When he was finally sentenced on February 15, 2006, he received ten years in prison for each count, with the sentences to be served one after the other. After the sentencing, Sharp wanted to withdraw his guilty pleas. He filed an application to do this on February 23, 2006, but during the hearing for this application on March 15, 2006, he was not present. The court denied his application to withdraw his pleas. This led Sharp to appeal the decision, raising several points he believed were errors in the process. Sharp argued that: 1. He was denied his right to be present at the hearing about withdrawing his pleas. 2. His sentences were too harsh and should be changed. 3. He did not get enough time to present evidence that could have helped lessen his sentence. The court looked carefully at Sharp's claims. They found that he did not get to be present at the hearing about his application to withdraw his guilty pleas, and there was no record showing he agreed to not be there. The court stated that a person has the right to be present in any situation that could affect the fairness of the process. Because the hearing where he wanted to withdraw his plea was an important part of the legal process, Sharp's absence was considered a violation of his rights. Thus, the court decided to send the case back to the district court so that Sharp could have a new hearing. This new hearing would allow him to be present and give his side of the story regarding his application to withdraw his guilty pleas. Since they granted his appeal on this matter, the other arguments he made were no longer needed to be considered. In conclusion, the court granted Sharp's request and sent the case back to the lower court for a new hearing. One judge disagreed with this decision, believing that even though he was absent from the hearing, it did not change the fact that his original guilty plea was valid and made willingly.

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F-2004-427

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In OCCA case No. F-2004-427, Emily Michelle Dowdy appealed her conviction for First-Degree Manslaughter. In an unpublished decision, the court decided to affirm her conviction but modified her sentence to twenty-five years imprisonment. One judge dissented from the decision to modify the sentence. Emily was charged after a fatal car accident that resulted in the death of another driver, Ryan Brewer. Emily's blood test later showed a high blood alcohol concentration, indicating she was driving under the influence. In her defense, she claimed she was involuntarily intoxicated, suggesting that she may have been given a drug without her knowledge, such as GHB or rohypnol, often associated with date-rape cases. Emily argued that she could not remember what happened after she took a friend to her car at a bar. The trial included a significant amount of expert testimony regarding the effects of GHB, but the state argued that Emily was likely just drunk from alcohol. Various witnesses testified about her drinking at the bar that night and her generally good driving record. On appeal, Emily raised several arguments regarding the fairness of her trial, alleging ineffective assistance of her counsel, improper admission of certain evidence regarding her character, and comments made by the prosecutor. The court reviewed testimony regarding whether Emily had been properly advised about her rights during police questioning and whether any misconduct had affected the jurors' views. After thorough review, the court concluded that the trial was fair overall, although it noted that one witness's hearsay testimony, which was not properly admissible, could have potentially influenced the jury's view of Emily. Ultimately, this led to a modification of her sentence, although the conviction itself remained intact. The dissenting judge felt that the original forty-year sentence was appropriate and did not believe that the limited hearsay testimony had a significant impact on the final outcome.

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F-2005-529

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In OCCA case No. F-2005-529, the appellant appealed his conviction for First Degree Manslaughter and Leaving the Scene of a Fatality Accident. In a published decision, the court decided to affirm the convictions but modified the sentence for First Degree Manslaughter from fifty years to thirty years. One judge dissented.

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F-2005-527

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In OCCA case No. F-2005-527, Thomas Terrill appealed his conviction for First Degree Manslaughter. In a published decision, the court decided to affirm the conviction but to vacate the sentence and remand for resentencing. One judge dissented. Thomas Terrill was originally charged with First Degree Murder in a case related to a death. During the trial, the jury found him guilty of the lesser charge of First Degree Manslaughter and suggested a sentence of life in prison. The judge agreed with the jury's recommendation and sentenced Terrell accordingly. Terrill appealed this decision, claiming there were problems with his trial. He argued that the evidence against him was not strong enough to prove he committed manslaughter. He also contended that the prosecutor made unfair comments that likely influenced the jury, and he believed that the sentence given was too harsh. After reviewing all the arguments and the case details, the court found that, despite Terrill's claims of self-defense, there was enough evidence for a reasonable person to decide that he acted in a heat of passion when he caused the victim's death. Therefore, the court did not agree with the claim that the evidence was insufficient for manslaughter. However, the court agreed with Terrill on the other two issues. It found that the prosecutor's comments, which urged the jury to think about the victim's family, were inappropriate, as these feelings should not influence the jurors' decision about the sentence. The court also mentioned that the jury had asked about the parole eligibility during their discussions, but the judge had not given them any additional instructions about this matter. The court pointed out that, based on a previous case, juries need to know relevant information about parole possibilities when deciding on a sentence. Because of these reasons, the decision was made to send the case back for a new sentencing hearing. Although Terrill's conviction for manslaughter was upheld, the previous sentence was set aside to ensure that he is given a fair opportunity during resentencing.

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F-2005-440

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In OCCA case No. F-2005-440, Zachary Michael Hudson appealed his conviction for First Degree Manslaughter. In an unpublished decision, the court decided to affirm his conviction but modified his sentence. One judge dissented. Zachary Hudson was tried by a jury for First Degree Murder, but the jury found him guilty of the lesser offense of First Degree Manslaughter. They recommended a punishment of twenty years in prison and a $10,000 fine. The trial judge followed this recommendation when he sentenced Hudson. After the trial, Hudson raised several points of error in his appeal. He claimed he was not given a fair trial because he thought the court was too involved and was biased toward the State. However, the court found that the judge was simply ensuring that witnesses understood the questions and did not show any partiality. Hudson also argued that there wasn't enough evidence to support the conviction for manslaughter, and he believed the jury instructions were incorrect. The court found evidence that Hudson fought with the person who died, left, returned, and then ran over that person with his car. This evidence led the court to believe that the jury could find Hudson guilty, as they might think he acted out of anger or passion rather than by accident. Hudson’s last point was about not having the jury instructed on the 85% Rule, which explains how much of a sentence must be served before someone can be eligible for parole. The court agreed that the jury needed this information and decided to modify Hudson's sentence from twenty years to fifteen years in prison while keeping the $10,000 fine. In summary, the court affirmed the conviction but modified the sentence because they wanted to ensure that the jury had clear information about parole eligibility, which would help them make informed decisions.

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F-2005-320

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In OCCA case No. F-2005-320, Duncan appealed his conviction for First Degree Manslaughter. In an unpublished decision, the court decided to reverse the conviction and remand for a new trial. One judge dissented. Duncan was found guilty of First Degree Manslaughter in Pushmataha County, and he was sentenced to four years in prison, with the last year suspended. He argued that his trial had several problems that made it unfair, including issues with witness testimony and jury instructions. The main issue in Duncan's appeal was that a doctor’s assistant’s testimony from a preliminary hearing was used at the trial, even though the assistant did not appear in person to be questioned. Duncan claimed this was wrong because he did not get a chance to confront the assistant and ask him questions. The court agreed with Duncan, stating that it is important for a defendant to see and question witnesses in person to ensure a fair trial. The court pointed out that the rules used to allow the assistant's testimony did not apply to criminal trials, and therefore, the testimony should not have been part of the evidence. The absence of this testimony was significant enough that it could have affected the trial's outcome. Because of this error, Duncan's conviction was overturned, and the court ordered a new trial, meaning Duncan will have the chance to defend himself again in court. The court decided not to consider other arguments Duncan made since the first issue was enough to reverse the decision.

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F-2004-682

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In OCCA case No. F-2004-682, Felix Finley, IV appealed his conviction for Manslaughter in the First Degree. In an unpublished decision, the court decided to affirm his conviction but reversed and remanded the case for resentencing. One member of the court dissented. Finley had been tried by a jury and found guilty of Manslaughter after he stabbed a man during a fight. He argued that he acted in self-defense because the other man was bigger, older, and hitting him. He raised several issues in his appeal, asking why the jury instructions on self-defense were not clear enough and arguing that evidence presented against him was unfair. The court reviewed the case closely. They found the jury's instruction about self-defense was correct and that the evidence indeed indicated that Finley was not acting in self-defense when he stabbed the man. They also felt that despite some irrelevant evidence being presented during the trial, it did not change the outcome of the jury's decision regarding his guilt. However, the court agreed that Finley’s sentence of 70 years was too long without proper guidance to the jury about parole eligibility, which might have affected how they viewed the seriousness of the sentence they were giving. Therefore, while his conviction was upheld, the court mandated a new sentencing hearing to correct these issues. This case highlights the importance of clear rules in court and how the way information is presented to a jury can influence their decisions on guilt and punishment.

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C 2005-628

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In OCCA case No. C 2005-628, Roscoe Dansby appealed his conviction for First Degree Manslaughter and Obtaining Money by Means of a False Check. In an unpublished decision, the court decided to grant the petition for a writ of certiorari. The court found that Dansby was deprived of effective assistance of counsel during a critical stage of the process because his attorney had a conflict of interest. Thus, the court remanded the case for a new hearing on the motion to withdraw guilty pleas and ordered that a conflict-free counsel be appointed. One judge dissented.

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F-2004-430

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In OCCA case No. F-2004-430, the appellant appealed his conviction for first-degree manslaughter. In an unpublished decision, the court decided to reverse the judgment and sentence and remand the case with instructions to dismiss. One judge dissented. William Antwyoe Watson was accused of killing Steven Roberson, but Watson argued he acted in self-defense. The jury had found him guilty of first-degree manslaughter and sentenced him to four years in prison. Watson believed he was defending himself when Roberson attacked him in his home. The appeals court looked carefully at the evidence and found that Watson had been attacked earlier that evening. Roberson had entered Watson's apartment unlawfully and threatened him. The court decided that the state did not prove Watson was not acting in self-defense when he used a knife to protect himself. Therefore, they believed he should be found not guilty. Because of this, the court reversed Watson's conviction and said the case should be dismissed. The issues raised by Watson regarding the trial were no longer needed to be discussed, as the main decision was significant enough. In summary, the court concluded that Watson's actions were justifiable based on the circumstances he faced, and they reversed his conviction for manslaughter.

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F-2002-1351

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In OCCA case No. F-2002-1351, Barrett appealed his conviction for First Degree Murder. In an unpublished decision, the court decided to reverse the conviction and remand for a new trial. One judge dissented. Randy Barrett was found guilty of First Degree Murder in a trial. The jury said he should go to prison for life and pay a fine. Barrett thought the judge and the jury made mistakes. He raised several points in his appeal, saying there were errors during his trial. One of the main issues was that Barrett's lawyer did not tell him about the lesser charges that he could have been found guilty of instead of First Degree Murder. Barrett felt that he didn’t understand this and claimed his lawyer gave him bad advice. Barrett wanted to fight for a chance to potentially get a lesser sentence but didn’t pursue it because he was worried his lawyer said that mentioning those charges could lead to a longer prison sentence. Barrett argued that the evidence against him didn’t really support the murder charge, especially the claim about kidnapping the victim as part of the crime. He also thought the jury saw unfair photographs that shouldn’t have been leaked during the trial, hurting his chance for a fair trial. Additionally, he believed his lawyer wasn’t allowed to explain certain details about the case, which affected the way the jury viewed his actions. The court looked carefully at Barrett’s complaint. It found that Barrett was right in saying his lawyer didn't give him good advice about applying for the lesser charges. This misguidance led Barrett to give up an important option that could have benefited him. The court pointed out that Barrett’s lawyer was confused and didn't accurately inform him about his chances for parole based on different sentences. Because of these mistakes by his lawyer, the court decided that Barrett deserved another trial to get a fair chance. They reversed the earlier decision and sent the case back to start again. One judge disagreed with this choice, believing that Barrett was a smart individual who made a choice in consultation with his lawyer and understanding the risks.

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F 2002-1265

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In OCCA case No. F 2002-1265, Rian Wayne Ockerman appealed his conviction for First Degree Manslaughter and Leaving the Scene of an Accident Involving Death. In an unpublished decision, the court decided to reverse the conviction for First Degree Manslaughter and remand with instructions to dismiss that charge, while affirming the conviction for Leaving the Scene of an Accident. One judge dissented.

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F-2002-855

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In OCCA case No. F-2002-855, Brandon Grimland appealed his conviction for First Degree Manslaughter. In an unpublished decision, the court decided to affirm the conviction but modified the sentence from one hundred years to twenty-five years imprisonment. One judge dissented, believing the case should be sent back for re-sentencing. Grimland was found guilty of causing the death of another person through a beating that led to severe injuries. The trial jury recommended a very long sentence of one hundred years, but there were concerns about how the prosecutor talked about parole, which might have influenced the jury's decision. The court agreed that the way the prosecutor approached the topic was not right and decided to reduce the sentence to a more reasonable twenty-five years. While the conviction stood, the judges thought it was important to correct the sentence based on how the trial was conducted.

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F 2000-321

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In OCCA case No. F 2000-321, Lourinda (Givens) Leggett appealed her conviction for First Degree Manslaughter. In an unpublished decision, the court decided to reverse her conviction and remand the case for a new trial. One judge dissented. Lourinda (Givens) Leggett was found guilty of First Degree Manslaughter by a jury. She was given a 28-year prison sentence, with 15 years suspended. Afterward, she filed a motion for a new trial, which was denied. On appeal, she raised two main errors. First, she argued that her lawyer should have presented evidence about battered woman syndrome, which could have helped her defense. Second, she claimed that the jury received confusing instructions regarding different defenses, which affected the trial's fairness. The court looked carefully at the case, including records and arguments from both sides. They agreed with Lourinda that her lawyer’s decision not to call an expert on battered woman syndrome was not a good choice and had negatively affected her defense. They believed that this choice made it hard to trust the jury's decision. Therefore, they reversed the trial court's decision and ordered a new trial. Since the court found merit in the first point raised by Lourinda, they didn't need to address the second error she mentioned. The court’s decision meant that Lourinda would get another chance in court to present her case.

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F-2001-1529

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In OCCA case No. F-2001-1529, Daniel Kelly Orcutt appealed his conviction for Manslaughter in the First Degree. In a published decision, the court decided to reverse and remand the case for a new trial. One judge dissented. Here's a summary: Daniel Kelly Orcutt was found guilty of Manslaughter in the First Degree by a jury. The trial was held in Creek County, and the judge sentenced him to fifty years in prison and a $10,000 fine. Orcutt believed he had a fair trial, but he had several complaints about how things went during the trial. He argued that the trial court should not have allowed the jury to separate during their talks. He felt this decision was unfair and took away his rights to a fair trial because they could be influenced by outside information. He pointed out that he objected to this decision when it was made, but it still happened. Orcutt also complained that the prosecutor made comments about him not testifying, which he felt was wrong. He believed that he didn’t get all the information he needed from the state before the trial started, which made it difficult for him to defend himself. Furthermore, he felt the court restricted how he represented himself, even after allowing him to do so. The court agreed with Orcutt that these issues were important. They decided that these errors could lead to a different outcome if the trial were held again. Because of this, the judges in the OCCA decided that he would have a new trial so that he could have a fair chance to defend himself properly.

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F-2001-558

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In OCCA case No. F-2001-558, Medlin appealed her conviction for Manslaughter in the First Degree by Heat of Passion. In an unpublished decision, the court decided to reverse her judgment and dismiss the case. One judge dissented. The case began when a jury found Medlin guilty of Manslaughter for the shooting death of her husband, Jay Medlin. The jury sentenced her to four years in prison. Medlin argued that the trial court made a mistake by allowing instructions on a lesser charge of Manslaughter since she believed her actions were in self-defense due to previous abuse from her husband. Throughout their marriage, Medlin testified about the many times she and her children had been harmed by Jay. On the night of the shooting, after Jay verbally threatened the family and struck Medlin, she took a gun and shot him multiple times while he was asleep, believing she was defending herself and her children from further harm. At the appeal, the court determined that the evidence did not support a jury instruction on Manslaughter because Medlin had intended to kill her husband. The trial court's instructions to the jury were incorrect because they could only find that she had meant to cause death. Since the evidence only pointed to a conviction for murder, the court concluded that the previous conviction must be dismissed under the law. Thus, the court reversed the conviction and ordered the lower court to dismiss the case entirely, which also meant Medlin could not be tried for First Degree Murder again after the jury had found her not guilty of that charge. The dissenting opinion argued that the judge gave the jury a fair chance to decide based on the evidence presented and that the jury's actions were reasonable based on what they had seen and heard during the trial. In conclusion, the court's ruling in this case emphasized that if there is no substantial evidence showing that a lesser charge could apply, then that instruction should not be presented to the jury.

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F-2000-1138

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In OCCA case No. F-2000-1138, the appellant appealed his conviction for Assault and Battery with a Dangerous Weapon. In an unpublished decision, the court decided to reverse the conviction and remand the case with instructions to dismiss. One judge dissented. The case involved David Land Ashlock, who was found guilty of Assault and Battery with a Dangerous Weapon after a jury trial in Creek County. The jury sentenced him to forty years in prison and a fine of ten thousand dollars. Mr. Ashlock raised three issues on appeal about his trial. First, he argued that the trial court made a mistake by not allowing a defense instruction about defending another person. Second, he claimed that he was denied a fair trial because the jury convicted him of a crime that was not in the original charges against him. Finally, he said the prosecutor made an error by trying to explain the term reasonable doubt during the trial. The court looked closely at these issues and agreed with Mr. Ashlock on the second point. They found that he was wrongfully convicted of a crime that was not explicitly charged against him. The original charges were about first-degree manslaughter, but during the trial, the jury was instructed on Assault and Battery with a Dangerous Weapon without Mr. Ashlock’s consent. The court said that when a defendant objects to a lesser crime being included in the instructions, they should have the right to decide to stick with the main charge only. Mr. Ashlock’s lawyer had clearly objected, and the trial court should have respected his choice not to include the lesser charge of Assault and Battery. Because of this error, the court decided that Mr. Ashlock did not receive a fair trial. They concluded that the trial court had made a mistake, which warranted reversing his conviction. As a result, the court instructed to dismiss the case entirely.

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