Okla. Stat. tit. 21 § 1114

F-2019-854

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In OCCA case No. F-2019-854, Joshua Lee Purdom appealed his conviction for several serious crimes, including assault and battery, kidnapping, and rape. In an unpublished decision, the court decided to reverse his convictions and remand the case with instructions to dismiss it. One judge dissented. Joshua Lee Purdom was found guilty by a jury of multiple crimes and received a lengthy sentence in the District Court of Hughes County. The court took into account that Purdom committed these crimes against a victim who had Indian heritage and that the crimes occurred on land considered part of an Indian Reservation. This brought up a question about whether the state had the right to convict him. Purdom argued that because the victim was an enrolled member of an Indian tribe and the crimes happened on Indian land, the state did not have jurisdiction to prosecute him; instead, this should be handled by federal courts. The case brought attention to a ruling from the U.S. Supreme Court that said parts of Oklahoma were still considered Indian Country for legal purposes. The OCCA agreed with Purdom and found that based on the facts established in a hearing, the state did not have the authority to prosecute him. The victim’s status as an Indian and the location of the crimes played a crucial role in the decision. Therefore, the court dismissed the case, emphasizing that only federal courts have jurisdiction over crimes against Indians in Indian Country under federal law. In summary, the court reversed Purdom’s convictions and ordered the case to be dismissed, which means he will not face charges from this case.

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C-2019-263

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In OCCA case No. C-2019-263, Floyd Joseph Ball, Jr. appealed his conviction for Rape in the First Degree and Kidnapping. In an unpublished decision, the court decided that the State of Oklahoma did not have the right to prosecute Ball because he is considered an Indian under federal law, and the crimes occurred in Indian Country. The judgment and sentence were reversed, and the case was remanded to the District Court with orders to dismiss it. One judge dissented from this decision.

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F-2018-336

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In OCCA case No. F-2018-336, Donnie Graham appealed his conviction for first degree rape. In an unpublished decision, the court decided to modify his sentence to include three years of post-imprisonment community supervision but otherwise affirmed the conviction. One judge dissented. The case began when Donnie Graham was found guilty of first degree rape after a jury trial. He was sentenced to fifteen years in prison and a fine. The case was heard in the District Court of Comanche County. Graham's main argument was about his right to have effective legal help during his trial. He claimed that his lawyer did not investigate earlier rape claims made by the victim and did not present evidence that could have proved those claims were false. He insisted that because of his lawyer's mistakes, he did not get a fair trial. The court looked closely at this claim. They first checked if Graham’s lawyer did not do their job properly according to professional standards. They needed to see if the lawyer's performance was bad enough to have affected the trial's outcome. After reviewing everything, the court decided that Graham did not show enough proof that his lawyer was ineffective. They denied Graham's request for a hearing to further examine his claims. Overall, the court changed his sentence to include three years of supervision after his prison time but upheld the decision regarding his guilt.

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F-2018-485

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In OCCA case No. F-2018-485, Scott Thomas Stout appealed his conviction for First Degree Rape and Sexual Battery. In an unpublished decision, the court decided to affirm the conviction. One judge dissented. Scott Thomas Stout was found guilty by a jury in Kay County for forcing himself on a long-time friend and for sexual battery. The jury did not find him guilty of two other charges of Rape by Instrumentation. The judge sentenced him to twenty years for the rape charge and four years for the sexual battery charge, which he must serve consecutively. Furthermore, he must serve at least 85% of his sentence before being considered for parole. Stout raised two main points in his appeal. First, he argued that the prosecutor acted improperly and that these actions denied him a fair trial. Second, he claimed that the trial court made a mistake by allowing the prosecution to call a witness in the middle of his defense to present evidence. In the first point, Stout pointed out three specific issues with the prosecutor's conduct. He said the prosecutor tried to make the jury feel sorry for the victim, asked questions that seemed to give opinions on the victim's credibility, and used first names for witnesses inappropriately. The court looked at all of the evidence and determined that these actions did not distract from the overall fairness of the trial. The jury acquitted Stout on two of the charges and recommended lighter sentences for the others. Therefore, the court ruled that Stout did not experience unfairness due to prosecutorial misconduct. Regarding the second point in his appeal, Stout argued that it was wrong for the prosecutor to cause the defense to stop its case to bring in a detective to verify some evidence. The court noted that the prosecutor's interruption was related to a question raised by Stout's own lawyer and that the trial judge had acted fairly in allowing it. The judge ruled that this did not disrupt the trial's fairness. In conclusion, the court found no errors in how the trial was conducted and affirmed Stout's conviction, meaning the original decision stood.

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F-2018-284

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In OCCA case No. F-2018-284, Carl Wayne Gundrum, Jr. appealed his conviction for first-degree rape and lewd acts with a child under 16. In an unpublished decision, the court decided to affirm his convictions and sentences. One judge dissented. Gundrum was found guilty by a jury in Cleveland County and received a 30-year sentence for the rape and a 20-year sentence for the lewd acts. Both sentences are to be served consecutively, meaning he must serve them one after the other. Before the appeal, he argued several things regarding his trial. First, he claimed that his right to a speedy trial was violated because there was a delay of about 21 months from his arrest to the trial. The court looked at four things to decide if his right was violated: how long the delay was, why it happened, whether he asked for a speedy trial, and whether he was hurt by the delay. The court found that the delay was not enough to violate his speedy trial rights. Second, Gundrum argued that the court made a mistake by allowing evidence of another child molestation case to be shown in his trial. His lawyer objected to this evidence being used, and the court said that it was appropriately admitted, so they found no error here. Third, Gundrum claimed there was bad behavior from the prosecutors that made his trial unfair. Many of these actions were not objected to during the trial, so the court only looked at the ones that were considered plain errors. They decided that the prosecutor's actions did not change the outcome of the trial significantly enough to cause an unfair result. Fourth, he argued that his lawyer did not do a good job by not objecting to the prosecutor's misconduct. The court reviewed this situation and found that Gundrum could not prove that he was harmed by this lack of action, so his claim did not work out. Finally, Gundrum sought relief by stating that all these errors together made his trial unfair. However, since the court found no individual errors, they concluded that there could not be an accumulation of errors either. In the end, the court affirmed Gundrum's conviction and stated that he must serve a significant portion of his sentences before he could be considered for parole.

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RE-2018-925

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**IN THE COURT OF CRIMINAL APPEALS OF THE STATE OF OKLAHOMA** **JAREN GLENN SELLERS,** **Appellant,** **V.** **THE STATE OF OKLAHOMA,** **Appellee.** **Case No. RE-2018-925** **Filed May 23, 2019** **SUMMARY OPINION** **KUEHN, VICE PRESIDING JUDGE:** Appellant Jaren Glenn Sellers appeals from the revocation of his suspended sentences in Pontotoc County District Court Case No. CF-2012-390. On September 13, 2013, Appellant entered negotiated Alford pleas to First Degree Rape (21 O.S.2011, § 1114) (Count 1) and Forcible Sodomy (21 O.S.2011, § 888) (Count 2). He was sentenced to a term of imprisonment for ten years on each count, all suspended, to be served concurrently. On January 16, 2018, the State filed an amended application to revoke the suspended sentences alleging that Appellant committed the new crime of Aggravated Assault and Battery. A revocation hearing was held on August 27, 2018, before the Honorable Gregory Pollard, Special Judge. Judge Pollard granted the State's application and revoked seven years of Appellant's ten-year suspended sentences. On appeal, Appellant asserts the revocation was excessive. **ANALYSIS** At a hearing where the State seeks revocation of a suspended sentence, the question is whether the suspended portion of the sentence should be executed. The court makes a factual determination as to whether the terms of the suspension order have been violated. The violation need be proven only by a preponderance of the evidence. A trial court's decision to revoke a suspended sentence should not be overturned absent a finding of an abuse of discretion. We do not find the decision to revoke seven years of Appellant's suspended sentences to be an abuse of discretion. The credibility of witnesses and the weight given their testimony are within the exclusive province of the trier of fact, who may believe or disbelieve the witnesses as it desires. The decision of the trial court to revoke a suspended sentence, in whole or in part, is within the sound discretion of the trial court and will not be disturbed absent an abuse thereof. Judge Pollard considered all evidence presented during the revocation hearing. His decision to partially revoke Appellant's suspended sentence cannot be considered an abuse of discretion. **DECISION** The order of the district court of Pontotoc County revoking a portion of Appellant's suspended judgments and sentences in Case No. CF-2012-390 is AFFIRMED. Pursuant to Rule 3.15, Rules of the Oklahoma Court of Criminal Appeals, Title 22, Ch. 18, App. (2019), the MANDATE is ORDERED issued upon delivery and filing of this decision. --- **AN APPEAL FROM THE DISTRICT COURT OF PONTOTOC COUNTY** **THE HONORABLE GREGORY POLLARD, SPECIAL JUDGE** **APPEARANCES ON APPEAL** **COUNSEL FOR DEFENDANT:** LLOYD B. PALMER 1609 ARLINGTON ADA, OK 74820 **COUNSEL FOR APPELLANT:** MARK P. HOOVER INDIGENT DEFENSE SYSTEM P.O. BOX 926 NORMAN, OK 73070 **COUNSEL FOR THE STATE:** TARA M. PORTILLO ASST. DISTRICT ATTORNEY P.O. BOX 146 ADA, OK 74821 **ASST. ATTORNEY GENERAL:** MIKE HUNTER JENNIFER B. MILLER COUNSEL FOR APPELLEE 313 N.E. 21st STREET OKLAHOMA CITY, OK 73105 **OPINION BY:** KUEHN, V.P.J. **LEWIS, P.J.:** CONCUR **LUMPKIN, J.:** CONCUR **HUDSON, J.:** CONCUR **ROWLAND, J.:** CONCUR [**Click Here To Download PDF**](https://opinions.wirthlawoffice.com/wp-content/uploads/RE-2018-925_1734359840.pdf)

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RE-2018-249

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**IN THE COURT OF CRIMINAL APPEALS OF THE STATE OF OKLAHOMA** **CAMERON CLEO GIVENS,** **Appellant,** **v.** **THE STATE OF OKLAHOMA,** **Appellee.** **No. RE-2018-249** **FILED IN COURT OF CRIMINAL APPEALS** **STATE OF OKLAHOMA** **MAY 16, 2019** **SUMMARY OPINION** **JOHN D. HADDEN, CLERK** **LUMPKIN, JUDGE:** Appellant Cameron Cleo Givens appeals from the revocation of his suspended sentence in Oklahoma County District Court Case No. CF-2003-2422, overseen by Judge Glenn M. Jones. On February 2, 2005, Appellant entered a plea of guilty to multiple counts, including four counts of Rape in the Second Degree and three counts of Forcible Oral Sodomy. He was sentenced to prison terms, with most of the sentences suspended, leading to an effective agreement of concurrent sentences. On May 2, 2017, the State filed an Amended Application to Revoke Suspended Sentence, alleging several violations, including failure to report to his probation officer, non-compliance with the Sex Offender Registration Act, and new crimes committed in two other cases. After the revocation hearing, Judge Jones revoked Appellant's suspended sentence in full. **Proposition I:** Appellant contends he was denied adequate opportunity to request discovery regarding Officer O'Connor's testimony. However, he was given notice about Officer O'Connor's potential testimony and did not establish a right to further discovery. The proposition is deemed meritless. **Proposition II:** Appellant asserts that it was improper to admit and rely on the preliminary hearing transcript from Case No. CF-2016-9187 for the revocation. The standards of due process allow for such admission without requiring proof of a witness's unavailability when the defendant had the chance to confront the witness in prior hearings. His objections are similarly without merit, as the case law indicates that competent evidence supported the revocation independent of the contested transcript. **Conclusion:** A suspended sentence is a grace extended by the court. The State need only prove one violation to justify a full revocation of a suspended sentence. In this case, the trial court's decision was within its discretion and supported by competent evidence. **Decision:** The revocation of Appellant's suspended sentences in Oklahoma County District Court Case No. CF-2003-2422 is **AFFIRMED**. ADDITIONAL NOTES: The opinion was filed by Judge Lumpkin, with concurrence from Presiding Judge Lewis, Vice-Presiding Judge Kuehn, and Judges Hudson and Rowland. **Mandate ordered upon filing.** **Counsel for Appellant:** Katie Samples and Johanna F. Roberts, Assistant Public Defenders, Oklahoma City, OK. **Counsel for Appellee:** Jessica Foster, Assistant District Attorney, and Mike Hunter, Attorney General of Oklahoma, Oklahoma City, OK. **For complete judicial proceedings, refer to the downloadable PDF.** [Click Here To Download PDF](https://opinions.wirthlawoffice.com/wp-content/uploads/RE-2018-249_1734697863.pdf) --- *This document summarizes the judicial opinion concerning the revocation of Cameron Cleo Givens' suspended sentences following probation violations and provides insights on the legal rationale behind the court's decision.*

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F-2014-931

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In OCCA case No. F-2014-931, Jeffrey Tallon appealed his conviction for First Degree Rape by Instrumentation and Aggravated Assault and Battery. In an unpublished decision, the court decided to affirm the convictions but reversed the sentences and ordered resentencing. One judge dissented.

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F-2014-22

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In OCCA case No. F-2014-22, Padillow appealed his conviction for rape and sexual offenses. In an unpublished decision, the court decided to affirm the convictions but reversed a citation for direct contempt of court and vacated the associated sentence. One judge dissented. Earnest Eugene Padillow faced serious charges in two cases related to the sexual abuse of young girls. The first case involved the abuse of his nine-year-old great-niece, S.G., during a single day in August 2007, and the second case involved the sexual assault of his 11-year-old niece, D.P., in 2011. In both instances, Padillow was accused of serious crimes, including rape and inappropriate sexual contact. During the trial, Padillow had a tumultuous relationship with his attorneys. He expressed dissatisfaction with their defense strategies and at times chose to represent himself. This led to a chaotic scene in the courtroom where Padillow violently attacked one of his attorneys, resulting in his removal from the courtroom. Despite his outbursts, the trial proceeded, and he was found guilty. The court sided with the trial judge's decision that Padillow waived his rights to be present during certain trial stages due to his disruptive conduct. Padillow also claimed that his constitutional right to testify was violated when he was removed from the courtroom. However, the court ruled that his violent actions constituted a waiver of that right. In another point of contention, Padillow argued that he should have been given the chance to respond to a direct contempt charge when the judge found him guilty of contempt for his outburst. Although the court acknowledged he did not have the opportunity to be heard, they decided to reverse the contempt finding rather than require a new hearing given the context of his other convictions. Lastly, it was determined that some of the judgment documents contained errors regarding sentences, which the court directed to be corrected. Overall, the court upheld the significant portions of Padillow's convictions while addressing some procedural errors related to his contempt citation and record-keeping in the judgments.

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S-2013-483

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In OCCA case No. S-2013-483, the defendant appealed his conviction for various crimes involving minors, including sodomy, lewd acts, and sexual battery. In an unpublished decision, the court decided to deny the State's appeal regarding the exclusion of certain evidence. One judge dissented from this decision. Thomas Bradley Porton was charged with serious crimes against children. The crimes included sodomy and other lewd acts, as well as providing alcohol to minors and possessing indecent photographs. These charges were based on incidents that occurred in McCurtain County. During the pretrial, the State wanted to use photographs found on Porton's computer as evidence. However, the judge ruled that these photographs could not be used in court. The State believed that the photos were important to prove their case against Porton. They argued that the photographs showed a pattern of behavior that related to the crimes he was charged with. The State appealed the judge's decision to keep the photographs out of the trial. They said that their ability to prove Porton's guilt was greatly affected without this evidence. The law allows the State to appeal when evidence is excluded if it is believed to be in the interests of justice. However, the court found that the State did not show that the photographs were a critical part of the evidence needed to prove the case. Because of this, the appeal was denied, meaning the photographs would not be part of the trial. The ruling pointed out that the trial judge had looked closely at the case and had reasonable grounds to decide that the photographs were not relevant or that their potential to cause unfair problems outweighed their usefulness as evidence. One judge disagreed with the majority opinion. He felt that the photographs should not have been excluded because they could help prove Porton's motive and intent regarding the charges. He argued that evidence of other actions taken by the defendant should have been considered, especially since there were connections between the photographs and the charges against Porton. In summary, the court upheld the lower court's decision to exclude the evidence, impacting the State's case against Porton, while one judge believed this decision was incorrect and would have allowed the evidence.

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C-2012-664

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In OCCA case No. C-2012-664, Juan Gabriel Choxmis appealed his conviction for First Degree Rape. In a published decision, the court decided to grant Choxmis's petition for a writ of certiorari, meaning they agreed to look at his case again because he did not receive fair representation at his hearing to withdraw his guilty plea. The court found he should have had a lawyer who did not have a conflict of interest. One judge dissented.

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F-2011-877

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In OCCA case No. F-2011-877, Dennis Lynn Miller appealed his conviction for multiple offenses, including child sexual abuse, first-degree rape, forcible oral sodomy, attempted first-degree rape, kidnapping, assault with a dangerous weapon, and intimidation of a witness. In an unpublished decision, the court decided to affirm his convictions for counts one through six and eight, while reversing and remanding count seven for dismissal. One judge dissented. Miller was convicted after a jury trial in Muskogee County, where he faced serious accusations of abusing his adoptive daughter, L.M. The abuse began when L.M. was around thirteen years old, involving both physical violence and sexual acts that lasted for several years. Miller's conduct included threats of violence to control L.M. during these acts, which left her frightened and unwilling to report the abuse. L.M. eventually confided in a friend, and authorities were contacted, leading to a police investigation that confirmed multiple instances of abuse. Although Miller challenged the admissibility of certain evidence related to his past behavior and the sufficiency of the evidence supporting his convictions, the court determined that the substantial evidence supported the jury's decisions. The court acknowledged that some evidence may not have been properly objected to during trial, but found that the lack of objections by defense counsel did not significantly harm Miller's case, as the victim's testimony was clear and credible. The court ultimately ruled that Miller's conviction for assault and battery with a dangerous weapon should be reversed as the evidence did not support that a dresser was used in a manner that constituted a dangerous weapon. In summary, the court upheld most of Miller's convictions while dismissing one, citing the overwhelming evidence against him and the credibility of the victim's testimony.

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C-2011-51

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In OCCA case No. C-2011-51, Wilkes appealed his conviction for second-degree rape. In an unpublished decision, the court decided to grant the petition, allowing Wilkes to withdraw his plea. One judge dissented. Darren Casey Wilkes had originally entered a no contest plea to second-degree rape but later sought to change that plea after not being accepted into a special program meant for young adults. This program was key to his decision to plead no contest. When he was denied entry into that program, he believed he should be allowed to withdraw his plea because the conditions he agreed to were not fulfilled. The court reviewed the case and found that Wilkes’s plea was based on an agreement that included eligibility for the Delayed Sentencing Program. The problem arose from incorrect paperwork that included charges that were supposed to be dropped. Since this error affected Wilkes's eligibility and the terms of his plea, the court determined that he should be allowed to withdraw his plea. Throughout the process, it was clear that Wilkes did not admit guilt but entered his plea with the expectation of receiving certain benefits. Instead of receiving those benefits, he was sentenced to ten years in prison without the opportunity to participate in the program. The court concluded that the right remedy was to allow Wilkes to withdraw his plea and return to where he was before his plea was entered.

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F-2010-615

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In OCCA case No. F-2010-615, Lawrence Grant Stewart appealed his conviction for several crimes involving child sexual abuse. In an unpublished decision, the court decided to reverse one count due to double punishment but affirmed the rest of the convictions. One judge dissented. Lawrence Grant Stewart was found guilty by a jury for multiple crimes, including lewd molestation, rape by instrumentation, and child sexual abuse. The jury recommended long prison sentences for each of the counts, leading to a total of several decades in prison. Stewart's appeal raised several issues regarding his trial and convictions. One point of appeal was that Stewart did not get effective help from his lawyer during the trial. He argued that his lawyer shared too much personal information with the jury, which he believed should not have been revealed. However, the court found that the lawyer's decisions were made to help Stewart and did not seriously harm his chances in the case. Stewart also claimed that he received multiple sentences for the same behavior, which he believed violated his rights. The court agreed in part, particularly regarding one count of child sexual abuse, and decided to reverse that count and dismiss it. However, they found that separate punishments for the other crimes were appropriate since they involved different actions. Lastly, Stewart argued that the sentences he received should not be served one after the other (consecutively), but the court decided the original judge made the right choice in this matter. In summary, while some of Stewart's appeal points were accepted and one count was reversed, most of his convictions remained upheld.

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F-2009-1002

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In OCCA case No. F-2009-1002, Rickey Dewayne Prince appealed his conviction for multiple serious crimes, including possession of child pornography, lewd molestation, and first-degree rape. In an unpublished decision, the court decided to modify some of his sentences but upheld his convictions. One judge dissented. Rickey Dewayne Prince faced a jury trial where he was found guilty on multiple counts related to child exploitation and abuse. His punishment included lengthy prison sentences, with certain counts requiring him to serve them consecutively, leading to a total of many years behind bars. After the trial, Prince raised several arguments in his appeal. He claimed that he did not receive a fair trial due to various reasons. These included improper support for the victims' testimonies by a nurse, errors in how the charges were brought, issues regarding the admission of his own statements to police, and claims about his lawyer not doing a good enough job defending him. The court reviewed these points carefully. They found that while some mistakes occurred, like using the wrong statute for charging possession of child pornography, the overall outcome of the trial was justified. The judges believed that the evidence presented during the trial strongly supported Prince's convictions, even without additional corroborating details from other sources. In some points of his appeal, Prince's arguments were dismissed because he did not raise them in time during the trial, which limited how much the court could consider his issues. They also decided that any errors that did happen were not serious enough to change the trial's verdict or give him the right to a new trial. As a result, while some of Prince's sentences were adjusted to be less severe, the court affirmed many of his convictions for serious crimes against children, keeping him under a long prison sentence for his actions. The court made changes to the official records to properly reflect the legal basis for his convictions while confirming that he did not face unfair treatment during his trial.

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C-2009-900

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In OCCA case No. C-2009-900, Hooks appealed his conviction for First Degree Rape. In an unpublished decision, the court decided to grant his request for a new hearing on his motion to withdraw his guilty plea. One member of the court dissented. Leon Lee Hooks was sentenced to thirty years in prison, but he could have ten years suspended. He decided to plead guilty, but later felt that he did not have the help he needed from his lawyer during the plea process. He filed a motion to change his plea and wanted to show that he was not given a fair defense. The main question was whether Hooks received good help from his attorney when asking to withdraw his guilty plea. The court found that there was a conflict because Hooks' complaints were about the quality of help from his lawyer. The lawyer could not fully defend Hooks and also prove that he did a bad job at the same time. Because of this, the court believed Hooks had a right to a new hearing where he could have a different lawyer who could help him without any conflicts. This was important to ensure he received a fair chance to prove his side of the story. In conclusion, the court decided to allow Hooks to have another chance to explain why he wanted to withdraw his guilty plea with the assistance of a lawyer who did not have a conflict of interest.

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F-2008-1095

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In OCCA case No. F-2008-1095, the appellant appealed his conviction for First Degree Rape. In an unpublished decision, the court decided to modify his sentence from life imprisonment to forty-five years due to prosecutorial misconduct and the admission of excessive photographic evidence. One judge dissented, arguing that the initial conviction and sentence should have been upheld.

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F-2007-767

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In OCCA case No. F-2007-767, Walter Roundtree appealed his conviction for robbery with a firearm, kidnapping, first-degree rape, and forcible sodomy. In an unpublished decision, the court decided to modify his sentences to run concurrently. One member of the court dissented. Walter Roundtree was charged with committing serious crimes, including robbery and rape. After a jury trial, he was found guilty and received various sentences that totaled quite a bit of time in prison. All of his sentences were set to run one after the other, which means he would have to serve them one at a time. Roundtree argued that the judge should have considered allowing his sentences to run at the same time instead. The law allows judges to decide whether sentences can be served concurrently or consecutively. However, the judge in this case had a rule that if someone chose a jury trial and lost, all their sentences would go one after the other. This policy was seen as potentially wrong because it might discourage people from exercising their right to have a jury trial. The court looked closely at this situation and decided that the judge had indeed abused his discretion by not even considering the option of concurrent sentences. Because of this, Roundtree's sentences were changed so that he would serve them at the same time instead of one after the other. The court also discussed some other issues Roundtree raised, such as not getting credit for the time he spent in jail waiting for his trial and the $500 fine that was added to one of his sentences. The court found that the trial didn't violate his rights in these areas, so they upheld the trial's decision regarding those matters. In the end, the court confirmed the conviction but made changes to the way the sentences were to be served, allowing them to be concurrent instead of consecutive.

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F-2006-1015

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In OCCA case No. F-2006-1015, Earnest Ray Kingery, Jr. appealed his conviction for rape in the first degree. In an unpublished decision, the court decided to modify Kingery's sentence from seventy years to twenty-five years imprisonment. One judge dissented. Earnest Ray Kingery, Jr. was found guilty of raping a child and was sentenced to a long prison term. He appealed, arguing that several things went wrong during his trial. He said that a witness should not have been allowed to talk about other crimes he allegedly committed, which could have confused the jury. He also claimed the judge pressured the jury into making a decision and that the prosecutor hinted he was guilty for not speaking to the police after a search warrant was served at his home. The court looked closely at Kingery's claims. They agreed that the evidence about the witness's testimony was not appropriate for the jury to hear, as it led to confusion about the other child that was involved in the case. The skills of the forensic interviewer were challenged because it seemed that testimony might have suggested the children were telling the truth without any evidence. Even if the trial court gave special instructions to limit how the jury should view this evidence, it still influenced their decision. However, the court found that the victim's own testimony was strong enough to prove Kingery's guilt. They acknowledged that while the testimonies of the other child were not correctly handled in terms of evidence, the main evidence from the victim was enough for a guilty verdict. In the end, the court decided to modify Kingery’s long sentence to a lesser one. They believed his punishment should still be serious but recognized that the jury might have been adversely influenced by some of the testimony they heard about other crimes. Thus, Kingery's prison time was reduced to twenty-five years. The court affirmed the conviction but made this change to the punishment. One of the judges disagreed with reducing the sentence, insisting that all of the evidence presented was appropriate, and so the original long sentence should have stood. Another judge agreed on the conviction but also dissented regarding the sentence being modified.

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F-2006-17

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In OCCA case No. F-2006-17, McFarland appealed his conviction for sexual battery and second-degree rape by instrumentation. In an unpublished decision, the court decided to affirm the conviction for sexual battery but modified the sentence for the second-degree rape by instrumentation by vacating the $10,000 fine. One judge dissented. McFarland was found guilty of two serious crimes and was sentenced to a total of eight years in prison and fines. He argued that charging him with both crimes was unfair because they were part of the same event, meaning he faced double punishment. The court examined the evidence and determined that the acts were separate enough that charging him with both was allowed and did not violate his rights. He also claimed that the prosecutor made inappropriate comments during the trial that affected his chances for a fair trial. Some of these comments were found to be improper, but the court decided they did not seriously harm McFarland’s case. Additionally, McFarland argued that the instructions given to the jury about the fines were wrong, which led to the $10,000 fine for the second-degree rape charge being improper. The court agreed with him on this point, finding that jurors were wrongly instructed that they had to impose a fine. In summary, while the court upheld the conviction and the sentence for sexual battery, it modified the sentence for the second-degree rape charge by removing the fine.

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F-2005-911

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In OCCA case No. F-2005-911, Timothy Griffith appealed his conviction for two counts of Attempted First Degree Rape and eight counts of sexual abuse of a child. In an unpublished decision, the court decided to affirm the convictions and sentences except for one count of attempted first degree rape, which was reversed and dismissed. One judge dissented. Griffith was found guilty of two attempted rapes and eight counts of sexually abusing a child, and he was given a total of 61 years in prison. He argued that both his rights against double jeopardy and his right to a fair trial had been violated, among other claims. The court reviewed each of Griffith's arguments. For the first point, the court found there was enough evidence to support the charges and no violation of double jeopardy. For the second and third points, the court ruled that the prosecutor had the discretion to charge Griffith with attempted rape instead of just intent to commit rape, so the trial was fair. Regarding the case's fourth and fifth points, the court decided that the additional testimonies from adult witnesses and the child's prior statements were allowable and did not greatly harm Griffith's case. The sixth allegation about a medical opinion from a physician assistant was also found not to be a problem since it did not influence the jury's decision directly. On point seven, the court agreed that the judge made a mistake by not letting Griffith fully present his defense. This part was significant because it led to the reversal of one of the counts against him. Finally, the court found that the sentences imposed were not excessive despite the overall situation, and there were no errors that would justify further action. In summary, most of Griffith's arguments were not persuasive to the court, and while some parts of the conviction remained, one count was removed due to the identified error.

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F-2005-649

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In OCCA case No. F-2005-649, Alfred Gene Ryan appealed his conviction for First Degree Rape and Lewd Molestation. In an unpublished decision, the court decided to affirm his convictions but modified the sentences to run concurrently instead of consecutively. One judge dissented in part. Ryan was found guilty in the District Court of Kay County, where a jury sentenced him to 20 years in prison for the rape charge and 10 years for the molestation charge, along with fines for both counts. The key points of his appeal focused on several alleged errors during his trial, including issues related to custody status during police questioning, hearsay testimony, the trial court’s handling of jury instructions, the admission of other crimes evidence, and claims of ineffective counsel. The court reviewed all the claims made by Ryan, including whether the trial court made mistakes by allowing certain evidence or testimony, and whether he received a fair trial. After considering the arguments and the entire record, the court did not find any major errors that would require a reversal of his conviction. The court stated that Ryan was not in custody when he spoke to law enforcement, which meant that his statements to them were properly admitted. They also ruled that the hearsay testimony from child victims was allowable and did not violate Ryan’s rights. The court acknowledged that there were instances of improper evidence admitted concerning other crimes but determined that these did not significantly impact the verdict concerning his guilt. Regarding jury instructions, the court agreed that Ryan should have been informed about the 85% rule, which might have affected the length of time he would serve. Therefore, they modified his sentences to run concurrently instead of consecutively, leading to a total time served being lessened. Overall, while the court affirmed the convictions, it recognized certain shortcomings in how the trial was conducted which justified modifying how the sentences were structured.

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F-2005-1282

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In OCCA case No. F-2005-1282, Earl Andrew Dahl, Jr., appealed his conviction for multiple sexual offenses including Rape by Instrumentation, Forcible Oral Sodomy, and Lewd Acts with a Child Under Sixteen. In an unpublished decision, the court decided to affirm the judgments of the trial court but remanded the case for resentencing. One member of the court dissented. Dahl was found guilty on fifty counts related to these serious crimes, and the jury recommended various sentences for these counts, which were to be served one after another (consecutively). Dahl argued several points in his appeal, including that the evidence was not strong enough to support his convictions and that the sentences were excessive. He also claimed that the prosecutor asked unfair questions during the trial and that the trial court made errors by not giving certain instructions related to the law. After reviewing the evidence, the court concluded that there was enough proof to uphold Dahl's convictions, as the victim's testimony was clear and trustworthy. They also noted that there were certain errors in how the trial was conducted, particularly the failure to provide an important instruction known as the 85% Rule, which affected how the jury decided on the sentencing. Because of this, the court ordered a new sentencing hearing to correct this mistake. Overall, while the convictions were upheld, the court acknowledged that the trial process had flaws, which led to their decision to allow for resentencing for Dahl.

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F-2005-97

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In OCCA case No. F-2005-97, Dodson appealed his conviction for two counts of First Degree Rape. In an unpublished decision, the court decided to reverse the convictions and remand for a new trial. One judge dissented. Wesley Dodson was found guilty by a jury in the district court of a serious crime against two victims. The judge sentenced him to serve a long time in prison, with each count requiring him to stay for fifty years. After Dodson's conviction, he appealed the decision, which means he asked a higher court to review the case to see if there were any mistakes. Dodson raised several important points about why he thought the trial was unfair. First, he believed he did not get a fair jury because one juror was biased and should have been removed. Second, he argued that the court allowed hearsay evidence about children that was not presented correctly and could make the jury think the victims were more credible than they were. Third, he claimed that there wasn’t enough solid evidence to prove he committed the crimes. Lastly, Dodson said that all these errors together made the trial unfair. After looking closely at all the details of the case, the court agreed with Dodson on some key points. They found that there was indeed a biased juror who should have been excused, which took away Dodson's right to have a fair trial. They also agreed that the trial court should have been more careful about the hearsay evidence related to the victims, and that a police officer made comments that suggested the victims were telling the truth when that should have been left for the jury to decide. However, the court thought that there was enough evidence to support the victims' claims, meaning the jury could have reasonably found Dodson guilty based on their testimonies. Since the court found serious issues with how the trial was handled, they decided that Dodson's convictions should be reversed, meaning he would not have to serve the prison sentences handed down from the first trial, and they ordered that a new trial should happen. In summary, the higher court said that Dodson did not receive a fair trial due to certain errors, so they cancelled the previous decision and said there should be another trial.

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F-2005-874

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In OCCA case No. F-2005-874, Leroy Mitchell, Jr. appealed his conviction for First Degree Rape. In an unpublished decision, the court decided to reverse the conviction and grant him a new trial. One judge dissented. Leroy Mitchell, Jr. was found guilty of a serious crime after a trial without a jury. He was sentenced to fifteen years in prison, but five of those years were suspended, meaning he didn't have to serve that time unless he got into trouble again. Mitchell believed there were problems during his trial and decided to appeal. He had several reasons for his appeal. First, he argued that some statements made during the trial were unfair because they were hearsay. Hearsay is when someone repeats what another person said rather than saying what they directly experienced. In Mitchell's case, he felt that the way the hearsay was used violated his rights, particularly his right to confront witnesses against him. Also, he claimed that some of the evidence presented in court was unreliable and that he did not have a fair chance to defend himself. He worried that the evidence related to other crimes might have influenced the judge unfairly. Mitchell also said that his lawyer did not perform well during the trial, which led to more problems. After reviewing everything, the court agreed that Mitchell's rights were not properly protected during the trial. Specifically, they found that the court allowed too much hearsay without the necessary checks to ensure it was reliable. This made it hard to believe the outcome of the trial was fair. As a result, the court decided to reverse the original judgment and said that Mitchell deserves another trial where these issues can be addressed properly.

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