In OCCA case No. F-2019-37, Suggs appealed his conviction for first-degree burglary. In a published decision, the court decided to reverse and remand for a new trial on that count due to an instructional error, while affirming the convictions on the other counts. One judge dissented.
In OCCA case No. F-2002-537, Andre Lasuan Marshall appealed his conviction for several offenses including shooting with intent to kill. In an unpublished decision, the court decided to reverse one of the charges and affirm the others. One judge dissented. The case began when Marshall was charged with multiple counts, including three counts of shooting with intent to kill, one count of entering a building with unlawful intent, and one count of possession of a firearm after being convicted of a felony. A jury found him guilty on most counts after the trial. He received sentences that the jury recommended, which were to be served at the same time, except for one count. Marshall raised several points for appeal. He argued that the evidence wasn’t strong enough to prove he shot someone with the intent to kill. He also said that the jury should not have been instructed on a lesser charge, that his convictions for possessing a firearm and shooting someone should not count separately, and that some police testimony about gang colors was unfair to him. Marshall believed that the evidence didn’t support one of the building charges and that the jury wasn't given all the necessary instructions. He mentioned that there were problems with what the prosecutor said during the trial and that all of these issues together should lead to his convictions being reversed or his sentences being changed. After reviewing everything, the court agreed some points raised were valid. They decided that Marshall did run from the scene after the shooting and that the evidence showed he was likely the shooter. They did find, however, that it was a mistake to instruct the jury about the lesser charge without a request from the state. Therefore, they reversed that particular conviction related to the shooting but upheld the others. The court concluded that while they were reversing one conviction, the remaining charges were upheld, and Marshall would continue serving his other sentences. One judge disagreed with how the reversal was handled, believing that if a new trial was warranted, it shouldn’t just overturn the charge outright but should instead allow for reconsideration by a jury. So, that’s a summary of the case and what the court decided.