Okla. Stat. tit. 21 § 13.1

F-2006-991

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In OCCA case No. F-2006-991, Causey appealed his conviction for Lewd Molestation. In an unpublished decision, the court decided to reverse and remand for a new trial. One judge dissented. Causey was found guilty after a jury trial and given a 15-year prison sentence. He claimed there were several mistakes made during his trial. 1. He argued that the jury was not told he would have to serve 85% of his sentence. 2. He also said that the court let hearsay from the child victim be used against him without checking if it was trustworthy. 3. Causey felt he was not allowed to present his side of the story properly. 4. He criticized the decision to give instructions about flight, suggesting it was unfair. 5. He pointed out issues with witnesses who supported the victim’s truths, saying it affected the fairness of his trial. 6. He was concerned that the victim testified holding a doll, which he believed was inappropriate. 7. Causey said his lawyer did not do a good job because they did not try to stop the search of his home. 8. He claimed that all these mistakes combined made the trial unfair. The court agreed that the trial had serious errors, particularly with how hearsay was handled and the statements about the victim's truthfulness. These mistakes meant that Causey did not receive a fair trial. The court ordered that he should get a new trial and said that future juries should be informed about the 85% requirement of the sentence. They did not need to provide further solutions for other issues since the main decision was enough to overturn the case.

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C-2006-649

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In OCCA case No. C-2006-649, Robert Earl Richardson appealed his conviction for Shooting with Intent to Kill. In an unpublished decision, the court decided to grant Richardson's request to withdraw his guilty plea, which means he will get another chance for a trial. One judge disagreed with this decision. Richardson had originally pleaded guilty to a crime and was sentenced to twenty years in prison. After his sentencing, he wanted to change his mind about the guilty plea and asked to withdraw it. However, there were delays in hearing his request. Nearly four years after he first asked, a different judge finally listened to his case but did not allow him to withdraw his plea. Richardson argued that he didn’t fully understand what he was agreeing to when he pleaded guilty. Specifically, he claimed he was not informed that he would need to serve 85% of his sentence before being eligible for parole, which is known as the 85% Rule. This is important because it means a person might spend a long time in prison before they could have a chance to be released early. During the hearing about his request, Richardson’s lawyer said he usually informs clients about this rule but could not remember if he did so with Richardson. Since there was no clear proof that Richardson was informed about it, the court ruled that he could withdraw his guilty plea. The decision was to reverse the lower court's ruling, allowing Richardson to try again and have a fair trial where he can present his side of the story.

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F-2006-63

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In OCCA case No. F-2006-63, Beverly Michelle Moore appealed her conviction for First Degree Murder. In an unpublished decision, the court decided to modify Moore's sentence to life imprisonment with the possibility of parole. Two judges dissented. To explain, Beverly Moore was found guilty of killing two-year-old Avery Snyder. Avery had severe head injuries that doctors said were caused by violent shaking, known as shaken baby syndrome. The trial focused on whether Moore or Todd Snyder, Avery's father, caused the injuries. Moore admitted to giving a confession to the police but later recanted, claiming she did not harm the child. During the trial, the jury determined that Moore was responsible for Avery's injuries, leading to her conviction. The jury decided on life imprisonment without parole. However, the decision included a mistake regarding jury instructions about the 85% Rule, which means that for certain crimes, a person must serve 85% of their sentence before being eligible for parole. The court found it was necessary for the jury to understand this rule to make an informed sentencing decision. Moore's trial did not provide the jury with clear information about the 85% Rule, which was important after the jury inquired about it during their discussions. This omission was deemed a significant error that likely influenced the jury's decision to impose a harsher sentence. The court ultimately affirmed Moore's conviction for First Degree Murder but ordered that her sentence be modified to allow for the possibility of parole, reflecting the guidelines that should have been communicated to the jury during the sentencing phase. The dissenting judges believed the original sentence should not have been modified, arguing that the trial followed the laws that were in place at that time and no objections had been made during the trial.

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F-2005-718

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In OCCA case No. F-2005-718, Sylvia Coronado Frias appealed her conviction for Trafficking Methamphetamine and Maintaining a Vehicle Used for a Controlled Dangerous Substance. In a published decision, the court decided to affirm her conviction on both counts but instructed the district court to correct her sentence to match the jury's recommendation. One judge dissented. Frias was found guilty by a jury and received a 20-year prison sentence and a $50,000 fine for Trafficking Methamphetamine, along with a five-year prison sentence and a $10,000 fine for the other charge. However, the judge sentenced her to 25 years without fully explaining why he deviated from the jury's recommendation. The court examined several issues from Frias's appeal, including whether the trial court made mistakes by allowing certain evidence, if juror misconduct occurred, whether Frias had effective legal help, and if the jury was properly instructed regarding her sentence. 1. The court found that admitting the videotape of Frias and another person was done correctly since it was relevant evidence and didn't unfairly hurt her case. 2. The court could not consider claims related to juror misconduct because Frias didn't properly submit evidence to support her statements about it. 3. Frias's claim that her counsel was ineffective also failed because she didn't follow the rules to request further hearings to develop evidence for that claim. 4. The court stated that the trial court was not required to tell the jury about specific sentence limitations concerning trafficking cases. Finally, the court decided that while they agreed with much of the trial court’s findings, the sentence for trafficking had to be corrected to align with the jury's earlier decision of 20 years. The fine would also need to be reviewed.

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F-2006-352

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In OCCA case No. F-2006-352, Jerome Monroe appealed his conviction for First Degree Murder. In an unpublished decision, the court decided to affirm the judgment but reversed the sentence and sent the case back for resentencing. One judge dissented. Jerome Monroe was found guilty of killing his girlfriend, Ronda Doyle, on December 24, 2004. He shot her in the face while they were at home. Monroe claimed that the gun went off by accident while he was trying to unload it. After the shooting, he tried to hide the body and lied to family members about Doyle's whereabouts. The jury had the option to sentence Monroe to life in prison or life without the possibility of parole. He argued that the court should have instructed the jury about the rules regarding parole eligibility. The court later decided that such instructions should be given in these cases, making Monroe eligible for this benefit. Monroe also believed he should have received instructions on a lesser charge of second-degree manslaughter. The court found that while the evidence might support some form of manslaughter, Monroe had admitted to trying to handle the gun while intoxicated, which did not warrant a lesser charge. Regarding Monroe's actions after the shooting, the court explained that his attempts to cover up the crime could be seen as evidence of guilt. Although he wanted his lawyer to object to certain evidence, the court concluded there was no harm since the jury could rightly consider such actions. Monroe argued that his lawyer was not effective, claiming that the lawyer didn't use important information about a witness’s statement. However, the court found that even without the alleged mistakes, Monroe could not show that he was harmed by any of the lawyer's actions. Overall, the court concluded that the main issue in the case was the jury's instructions about the possibility of parole. They determined that the absence of instructions about the 85% rule could have affected the outcome and thus decided the case should be sent back for resentencing.

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F-2006-429

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In OCCA case No. F-2006-429, David Michael Graham appealed his conviction for three counts of Lewd Molestation. In an unpublished decision, the court decided to affirm his convictions but modified the sentences to be served concurrently and dismissed the restitution order. One judge dissented. Graham was found guilty by a jury of three counts of Lewd Molestation. The jury recommended that he serve 20 years in prison for each count, with the last 10 years suspended under probation conditions. The judge also ordered him to pay $10,000 to each victim. In his appeal, Graham argued several things. First, he claimed that the way the prosecutors behaved during the trial made it unfair. He also said the judge didn’t properly inform the jury about how much of his sentence he would have to serve before getting paroled. Lastly, he felt the restitution amount was too high and lacked support from facts. After reviewing the case, the court agreed there was some misconduct but concluded it did not affect the conviction. The appeal also highlighted that the jury should have been told that he needed to serve 85% of his sentence, which led to changing the sentences to concurrent rather than consecutive. The judges found the order for restitution of $10,000 per count was not backed by evidence, so that part was dismissed. The overall opinion was that while the convictions were upheld, the sentences needed to be modified, and the restitution removed. One judge disagreed with modifying the sentences to run concurrently, believing the original sentencing was appropriate.

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F-2005-1058

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In OCCA case No. F-2005-1058, Shaynathian Rashaud Hicks appealed his conviction for multiple charges including indecent exposure, attempted rape, injury to a minor child, and others. In an unpublished decision, the court decided to reverse the conviction for indecent exposure and remand it with instructions to dismiss. The remaining convictions were affirmed. One judge dissented regarding certain aspects of the opinion. To explain further, Hicks was tried and found guilty of several serious offenses. These included lewd acts like indecent exposure and attempted rape. The jury gave him a total of different sentences, with the most time for his attempted rape and injury to a minor child. Hicks felt that the evidence against him was not strong enough and presented several reasons why he thought he should win his appeal. He argued that there wasn't enough proof to show that his actions qualified as indecent exposure. The court agreed and reversed that conviction, saying the evidence didn’t show he acted in a lewd way. However, for the other charges like attempted rape and injury to a minor, the court found the evidence sufficient, so his convictions for those remained in place. Hicks also had a problem with the way the trial was conducted. He claimed that he wasn’t able to confront all the witnesses against him because some of their testimonies were taken without them being present at the trial. But the court decided the trial was fair and followed the rules. Hicks felt that mistakes were made in how the jury was instructed about the law and that the prosecutor acted unfairly during the trial. The court looked into these claims, but most were either waived or didn’t have a significant impact on the trial's outcome. In summary, while the court reversed his conviction for indecent exposure due to a lack of evidence, it upheld the other convictions because they found there was enough evidence for those offenses. Hicks’s overall arguments did not lead to a change in the other convictions, which means he must serve his sentences as determined by the jury.

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C 2005-608

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In OCCA case No. C 2005-608, Ricky Allen Rinker appealed his conviction for Sexual Abuse of a Child and Indecent or Lewd Acts with a Child under Sixteen. In an unpublished decision, the court decided to grant Rinker's request to withdraw his pleas. One judge dissented. Ricky Allen Rinker made pleas of guilty and nolo contendere for several counts of crimes against children. He was sentenced to a total of over forty years in prison. After some time, Rinker wanted to take back his pleas, saying they were not made knowingly or voluntarily. He believed he was not properly informed about the possible sentences and his eligibility for parole. The court agreed that he had not been properly informed about important rules related to his sentence, particularly that he would need to serve 85% of his time before being eligible for parole. Since this was a serious issue, the court allowed him to withdraw his pleas and overturned his sentence. Some judges thought that Rinker should have to provide more proof that he did not understand the rules concerning his pleas. They believed he had not shown enough evidence that he should be allowed to take back his pleas simply because no official record of his plea was made. However, in the end, the majority ruled in favor of Rinker, allowing him a chance to re-do his plea with all the proper information.

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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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C-2006-693

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In OCCA case No. C-2006-693, Willeford appealed his conviction for robbery in the first degree. In an unpublished decision, the court decided to modify Willeford's sentences to run concurrently instead of consecutively. One judge dissented. Willeford had pleaded guilty to two counts of robbery and was sentenced to twenty years for each count, served one after the other, meaning he would spend a total of forty years in prison. He later wanted to take back his guilty plea and argued that he had not been properly informed about the 85% Rule. This rule states that a person must serve 85% of their sentence before being eligible for parole. The court examined the record and found that Willeford was indeed not advised about this rule. This was a key issue because, based on a previous case, if a defendant isn’t informed about important rules affecting their freedom, it can make their plea involuntary and unfair. Instead of completely overturning Willeford's guilty plea and sending the case back for trial, the court decided to change the sentences so they would be served at the same time, reducing the total prison time he would face. In the dissent, one judge expressed disagreement, arguing that the plea should be overturned altogether if it was found to be involuntary. This judge believed that just changing the sentences wasn’t enough and that the entire process needed to be reviewed, suggesting that the original ruling should simply be kept as it was.

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F-2005-557

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In OCCA case No. F-2005-557, Larry Eugene Wright appealed his conviction for robbery with a firearm, possession of a firearm after a felony conviction, possession of a firearm with an altered serial number while committing a felony, and obstructing an officer. In an unpublished decision, the court decided to affirm his convictions for robbery with a firearm, possession of a firearm with an altered serial number, and obstructing an officer, but reversed his conviction for possession of a firearm after a felony conviction. One judge dissented.

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F-2005-829

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In OCCA case No. F-2005-829, Clarence Andre Gatewood appealed his conviction for Second Degree Murder. In a published decision, the court decided to affirm Gatewood's conviction but remand for resentencing. One member of the court dissented. Gatewood was found guilty by a jury of Second Degree Murder after initially being charged with First Degree Murder. He was sentenced to life in prison. During the appeal, he raised several issues, including that the trial court didn't notify his lawyer about a jury note, denied his request for a specific sentencing instruction, and allowed an involuntary confession to be used against him. The court examined these claims. It determined that Gatewood's confession was voluntary since he was aware of his rights, was sober, and spoke to the police without any threats or promises. Therefore, this part of his appeal was denied. However, the court found that Gatewood should have received instructions about parole eligibility, based on a previous case ruling. Since the jury had even asked a question related to the meaning of a life sentence with the possibility of parole, the court felt that this instruction was necessary. Consequently, while Gatewood's conviction stands, his sentence was overturned, and the case was sent back to lower court to determine a new sentence. The court did not consider his claim about the severity of his sentence because the other findings made it unnecessary to address.

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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-2005-684

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In OCCA case No. F-2005-684, Aaron Christopher Marks appealed his conviction for shooting with intent to kill, robbery with a firearm, and possession of a firearm after a former felony conviction. In a published decision, the court decided to modify the sentence for shooting with intent to kill to forty-five years in prison but upheld the conviction. One judge dissented, arguing that there was no need for sentence modification since the jury likely did not need instruction on parole eligibility and the original sentence was justified based on the evidence presented.

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F-2005-737

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In OCCA case No. F-2005-737, the appellant appealed his conviction for robbery with firearms. In an unpublished decision, the court decided to modify his sentence from forty-five years to thirty-five years imprisonment. One judge dissented. Lawrence Lugineus Mayes was found guilty by a jury for committing robbery with a gun. After the trial, he was sentenced to forty-five years in prison. However, he thought there were problems with how the trial was handled. He believed the jury should have been told that robbery with firearms is an 85% crime, and that they needed to know how long he would actually serve before he could get out on parole. During the jury's discussions about the sentence, they asked how many years they had to serve before someone could be eligible for parole if they were given a twenty-year sentence. The judge told them that was not something for them to think about. This answer made the jury decide on a longer sentence because they weren’t given clear information about parole eligibility. The court looked at the case and decided that the jury's misunderstanding about parole could have led them to give a harsher sentence than what might have been fair. So, instead of letting the forty-five-year sentence stand, they changed it to thirty-five years. However, they did not believe that the other arguments about the trial and sentencing needed any further changes. In conclusion, the court modified the sentence to thirty-five years but agreed with everything else from the trial. One judge did not agree with this decision.

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F-2005-252

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In OCCA case No. F-2005-252, Charles Earl Lindsay appealed his conviction for robbery with an imitation firearm. In an unpublished decision, the court decided to modify his conviction. One judge dissented. Charles Earl Lindsay was tried in Cleveland County and found guilty of robbery with an imitation firearm. The jury decided he should be sentenced to 40 years in prison. Lindsay did not agree with this decision and argued several points in his appeal. First, he claimed that there was not enough evidence to prove he committed robbery using an imitation firearm. The court agreed that while the state proved most parts of the robbery, they did not prove that Lindsay threatened the victim with the imitation firearm since she never actually saw it during the crime. Because of this, the court thought it was fair to change his conviction to first-degree robbery, saying he unnecessarily hurt the victim and scared her. Lindsay also argued that the prosecution had made mistakes during the trial, including allowing a police officer to testify about the victim identifying him. Although the court noted this was not a good practice, they felt it did not change the outcome of the trial since Lindsay’s attorney had challenged the identification in other ways. Another point Lindsay raised was that his lawyer did not help him properly. The court decided that the lawyer’s actions did not break any laws protecting his rights, so this argument did not succeed. Lindsay further stated he had an unfair trial because he was brought into the courtroom in handcuffs in front of the jury. The court acknowledged this was an error but said that this alone did not warrant a different outcome. Lindsay’s attorney also did not ask for the jury to consider any lesser charges of robbery, but the court found this was appropriate since Lindsay claimed he was innocent. Regarding closing arguments by the prosecutor, the court found that a fair trial was still upheld. However, the court did recognize there were mistakes regarding Lindsay's sentencing, particularly not informing the jury about some rules related to sentencing. In the end, the court reversed Lindsay's original conviction and instead convicted him of first-degree robbery. They also decided to reduce his sentence to 20 years in prison, taking into account all the discussed errors. The case was sent back to the lower court to correct the judgment and sentence based on these decisions.

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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 2004-1198

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In OCCA case No. F 2004-1198, David Lynn Nelson appealed his conviction for multiple counts of sexual crimes. In an unpublished decision, the court decided to affirm most of the convictions but reversed one. One judge dissented on the matter of that specific count. Nelson was found guilty by a jury of serious charges, including two counts of Rape by Instrumentation, four counts of Forcible Oral Sodomy, two counts of First Degree Rape, and one count of Attempted Rape. He had previous felony convictions, which affected his sentencing. The jury sentenced him to 40 years in prison plus fines for some counts, while for the others, he received life imprisonment and higher fines. The sentences for all counts were set to run at the same time. During the appeal process, Nelson raised several issues. First, he claimed that he did not receive good help from his lawyer during the trial. However, the court found that his lawyer made decisions that were reasonable, so this claim was dismissed. Nelson also wanted the jury to be informed about new rules that would affect how long he would have to serve in prison before being eligible for parole, but the court did not grant this request. The court later decided it was important to adjust his life sentences to a total of 45 years instead. Moreover, Nelson argued that the evidence did not clearly show he committed one of the charges, specifically concerning the forcible oral sodomy. The court looked at the details of the evidence and found it lacking in proving that aspect, leading to the reversal of that particular count. In summary, the court upheld most of the convictions, but one was removed, and the sentences for the life terms were reduced, while the other penalties remained unchanged. The judge who disagreed with reversing the sodomy conviction felt that the evidence given during the trial was enough to support that finding.

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F-2005-1057

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In OCCA case No. F-2005-1057, Saul Mintz appealed his conviction for two counts of Robbery with a Firearm. In a published decision, the court decided that while his conviction was affirmed, his sentence for the second count should be modified to ten years' imprisonment. One judge dissented.

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C-2005-311

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In OCCA case No. C-2005-311, Emily Burns appealed her conviction for robbery with a firearm and false declaration of ownership in pawn. In an unpublished decision, the court decided to grant her appeal and modify her sentence. One judge dissented. Emily Burns pleaded guilty to robbery with a firearm and false declaration of ownership in pawn. A judge sentenced her to 25 years in prison for robbery and five years for the other charge, with both sentences running at the same time. Burns later asked to withdraw her guilty plea, arguing her long sentence was unfair. The court looked at how the sentence was decided. They said when someone pleads guilty, the judge must consider all possible punishments. Burns claimed the judge had a policy of giving at least 25 years for armed robbery without looking at her specific case. This concerned the appellate court because it seemed the judge might not have thought about all the facts before sentencing. Burns used a fake gun during the robbery, and no one was really hurt. The court believed that sentencing her to 25 years for using a fake gun in a non-violent way was extreme given her background as a young mother with no prior criminal record. The appellate court decided to change Burns's punishment, reducing her sentence to 10 years in prison because the original sentence was too harsh. They affirmed her convictions but modified the length of her sentence. Burns also argued that she was denied a chance to have her sentence reviewed after a year, which is a right she has by law. However, the court said she was not denied this right because the judge just needed her to file a motion if she wanted a review. In the end, the court granted her request to modify her sentence and reaffirmed her convictions, while one judge believed that the original sentence should stand.

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F-2004-874

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In OCCA case No. F-2004-874, Pierson appealed his conviction for Sexual Abuse of a Child. In an unpublished decision, the court decided to affirm the conviction but modify the sentence to thirty years of imprisonment. One judge dissented. Deitric Benard Pierson was found guilty of sexually abusing a twelve-year-old girl, referred to as L.H. The case started when L.H. told her mother that Pierson had done something inappropriate to her. She explained to her mother and grandmother that he had pulled her pants down and touched her with his private parts. There was also DNA evidence that connected Pierson to the abuse. During the trial, the girl did not testify herself, but her statements to her mother, grandmother, and a social worker were presented as evidence. Pierson argued that this was unfair because he could not cross-examine the girl, which is normally his right in court. The court decided that the girl's statements were reliable and allowed them to be presented. Pierson raised several points in his appeal. He claimed that the way jurors were chosen was unfair because some were removed based on race. He also argued that he should have been informed about how much time he needed to serve before being eligible for parole. Additionally, he felt that his sentence was too harsh and should be changed. After looking at all the issues, the court concluded that most of the problems Pierson pointed out were not strong enough to change the decision. They recognized that the failure to inform the jury about parole eligibility was a mistake and adjusted his sentence from life in prison to thirty years. However, one judge thought that changing the sentence was not correct because the jury had decided he should spend life in prison, and he felt that altering that decision disregarded the jury's authority. In summary, the court upheld the conviction but agreed to change the length of the sentence, allowing Pierson a chance for parole after serving thirty years instead of life in prison.

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F-2014-478

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In OCCA case No. F-2014-478, David Glen Heard appealed his conviction for two counts of Lewd Molestation. In an unpublished decision, the court decided to affirm his conviction but vacated the imposition of post-imprisonment supervision. One judge dissented. David Glen Heard was found guilty of two counts of Lewd Molestation after being tried by a jury in Tulsa County. The charges stemmed from an incident on June 15, 2006, when Heard was observed behaving inappropriately towards two young girls at a Walmart store. He followed them around the store and attempted to look under their dresses. Witnesses reported his unsettling behavior, and he was later found with a pornographic magazine in his car and identified as a registered sex offender. At the time of the incident, he was on probation for previous sex-related offenses against children. During the trial, testimonies from various witnesses were presented, including a woman who testified about a similar incident involving Heard from years prior. Evidence was admitted under the law to show motive and absence of mistake, which supported the prosecution's case against him. Heard raised several arguments during his appeal, including claims that the statute he was convicted under was vague, the admission of other testimonies was inappropriate, and errors in jury instructions and the failure of his counsel to object to certain evidence. The court found that the law did not provide for a vagueness claim since Heard's actions clearly violated the statute in question. The admission of prior testimonies was ruled permissible as relevant to the case. The trial court’s instructions were also deemed not harmful to the verdict. However, the court recognized an error when ordering post-imprisonment supervision, as it was not authorized for the crimes Heard committed at the time. Thus, while his conviction was confirmed, the order for post-imprisonment supervision was vacated. Ultimately, Heard’s two twenty-year sentences were upheld due to the nature of his actions and background as a repeat offender.

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F-2004-146

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In OCCA case No. F-2004-146, Luke Sinclair appealed his conviction for Murder in the First Degree. In an unpublished decision, the court decided that his conviction would be upheld, but he would be resentenced. One judge dissented. Luke Sinclair was found guilty of murdering James Robbins by shooting him four times in the chest. The incident happened in the early hours after Sinclair and his friends had been drinking at a bar. Robbins, a retired Army veteran, approached Sinclair and his friends in the parking lot, trying to engage them in conversation. Sinclair and his friends found Robbins to be strange and made dismissive comments. Sinclair even jokingly suggested that Robbins should be shot. Believing they were joking, Sinclair's friends egged him on when he drove after Robbins, blocked his van, and then shot him. After the shooting, Sinclair instructed his friends to keep quiet about the incident. Sinclair admitted on appeal that the evidence against him was strong and that he was guilty. Sinclair raised several issues in his appeal, particularly concerning the sentencing process. He argued that he should have been allowed to present evidence about his character during sentencing and that his lawyer did not provide effective representation. The court found these claims unpersuasive, noting that the evidence of guilt was overwhelming and suggesting that presenting this character evidence could have hurt Sinclair's case more than helped it. One of the significant points in Sinclair’s appeal related to whether the jury was instructed about the state law that required defendants convicted of murder to serve 85% of their sentences before being eligible for parole. Sinclair argued that jurors mistakenly believed a life sentence meant he could be released after a few years. The court agreed with Sinclair regarding the instructions on the 85% rule, so they decided to reverse the sentence and remand the case for resentencing. Additionally, Sinclair complained about the prosecutor's arguments in closing that he was a dangerous man lacking conscience, which were not supported by the evidence. The court found that the prosecutor's statements were problematic and influenced the jury in reaching their sentencing decision. In conclusion, while Sinclair's conviction remained intact, the court ruled that he should be resentenced due to the errors in the jury instructions and the inappropriate comments made during his trial.

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F-2004-767

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In OCCA case No. F-2004-767, Reginald Lamond Brazell appealed his conviction for Robbery in the First Degree. In an unpublished decision, the court decided to affirm the conviction but modify the sentence to thirty years imprisonment. One member of the court dissented. Brazell was found guilty of committing a robbery, and the jury sentenced him to forty years in prison. He challenged this conviction by arguing that the evidence against him was not strong enough, that he should have been given instructions about a lesser crime (second-degree robbery), and that the jury should have been told about parole eligibility under the eighty-five percent rule. The court reviewed the evidence and decided it was sufficient to support the conviction. They also agreed that the jury did not need to hear about the second-degree robbery since the evidence did not support that claim. However, they found that the jury should have been instructed about the eighty-five percent rule, which relates to how much of the sentence a person must serve before being eligible for parole. As a result, the court affirmed the conviction but shortened Brazell's sentence to thirty years.

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