Okla. Stat. tit. 21 § 173

F-2021-554

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In OCCA case No. F-2021-554, Robert Willie Wilson, Jr. appealed his conviction for accessory to burglary in the second degree and carrying weapons. In an unpublished decision, the court decided to reverse and remand Count 1 (accessory to burglary) with instructions to dismiss the charge, while affirming Count 2 (carrying weapons). One member of the court dissented. The case revolved around Wilson's alleged involvement in a burglary at a laundromat. The jury found him guilty of being an accessory rather than guilty of the burglary itself. They sentenced him to twenty years for the accessory charge and thirty days for carrying a weapon, to be served at the same time as his other sentence. Wilson challenged his conviction, arguing that the evidence was not enough to prove he was an accessory to the burglary. He claimed that the State failed to show he actively concealed or helped another person, named Justin White, who committed the burglary. The law requires that to be an accessory, someone must help the offender escape arrest or punishment after the crime. During the trial, the evidence suggested that while Wilson was present in the vehicle during the time of the burglary, there was no proof that he helped White in any way after the crime. The court pointed out that Wilson's mere presence did not make him guilty. It highlighted that the State only showed he knew about the burglary, which was not enough to convict him as an accessory. Ultimately, the court concluded that the evidence did not support a conviction for accessory to burglary beyond a reasonable doubt. Therefore, they reversed Wilson's conviction for that charge, but they did maintain the conviction for carrying a weapon. The remaining claims in Wilson's appeal were no longer necessary to consider due to this decision.

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F-2017-1279

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In OCCA case No. F-2017-1279, Dakota James Alleyn Shriver appealed his conviction for Second Degree Murder, Accessory After the Fact, and misdemeanor Obstructing an Officer. In an unpublished decision, the court decided that the State of Oklahoma did not have jurisdiction to prosecute him. One judge dissented. Dakota Shriver was found guilty by a jury and sentenced to serve time for various charges. Shriver argued that he should not have been tried in state court because he is a citizen of the Cherokee Nation and the crime happened on land that is considered Indian Country. This argument was based on a previous case, McGirt v. Oklahoma, which changed how some crimes are viewed depending on whether they happen on Native American land. The court decided to look into these claims further and sent the case back to the lower court to gather more information. The lower court held a hearing to determine if Shriver was indeed an Indian and if the crime occurred on a reservation. After the hearing, the lower court found Shriver was a member of the Cherokee Nation and that the crime did happen within the boundaries set for the reservation. The evidence showed that Shriver had a certain amount of Cherokee blood and was a recognized member of the Cherokee Nation at the time of the crime. The court found that the United States Congress had established a reservation for the Cherokee Nation, and no evidence existed to prove that Congress had removed those boundaries. Both parties were allowed to respond to the findings from the lower court. Shriver's team argued that the court should agree with the lower court's findings because they were backed by the evidence presented. The state agreed with these findings but asked for time to look at the case again in terms of whether they could charge Shriver under different laws. After considering everything, the court agreed with the findings of the lower court and decided that the state did not have the right to prosecute Shriver. Therefore, they overturned the convictions and told the lower court to dismiss the case.

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F-2018-158

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In OCCA case No. F-2018-158, Nathan Simmons appealed his conviction for accessory to first degree murder and robbery with a dangerous weapon. In a published decision, the court decided to affirm the judgment and sentence. One judge dissented. Nathan Simmons was found guilty after a jury trial held in Tulsa County. He was charged with being an accessory to first degree murder, which means he helped someone commit that crime, and for robbery with a dangerous weapon, which means he was involved in taking something with a weapon. The jury gave him a tough sentence: 36 years for being an accessory, 10 years for the first robbery, and 17 years for the second robbery. All the sentences were to be served one after the other. Simmons had two main arguments for his appeal. First, he said that the prosecutor made a mistake during the closing argument that took away his chance for a fair trial. He believed the prosecutor suggested that he would not serve the full amount of time for his first conviction and this made the jury decide to give him longer sentences. However, the court found that there was no significant error in what the prosecutor said during the trial that would change the outcome. Second, Simmons claimed that his lawyer did not do a good job because they did not object to what the prosecutor said. The court reviewed this claim carefully. Using a standard that looks at whether the lawyer's actions were truly wrong and if they affected the trial’s outcome, the court decided that Simmons did not have a strong case. Ultimately, the court kept the original sentence and decision made by the jury.

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F-2005-1193

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In OCCA case No. F-2005-1193, Tamara Marine Davis appealed her conviction for Accessory to Felony Murder in the First Degree. In an unpublished decision, the court decided to affirm the conviction but modified the sentence to twenty-five years of imprisonment. One judge dissented regarding the sentence modification. Davis was found guilty of helping her husband after a murder had occurred. She assisted him in hiding evidence and lying to the police. At her trial, Davis presented several arguments for why her conviction and sentence should be overturned. First, she claimed that there was not enough evidence to prove she was guilty of being an accessory after the fact. The court disagreed, ruling that her actions showed she knew the victim was dead when she assisted her husband in getting rid of the victim's belongings and fleeing the state. Second, she argued that the jury heard improper information concerning her probation and parole history, which made them biased against her. However, the court noted that this information was raised by Davis herself to show the witness's bias, so it did not warrant reversal of the conviction. Third, she contended that misconduct by the prosecutor deprived her of a fair trial. The court found that while there were some issues with the prosecutor's questions, they did not significantly affect the outcome of the trial. Davis also claimed she received ineffective assistance from her attorney. The court found that the lawyer's performance was acceptable and that Davis could not show any harm resulting from their actions. Furthermore, she believed the introduction of some irrelevant evidence was unfair. However, the court determined that the evidence did not unduly sway the jury's decision. Davis argued the length of her sentence was too harsh compared to her involvement in the crime, and the court agreed, reducing her sentence from forty years to twenty-five. Lastly, the court found no cumulative errors that would necessitate a different result in the trial. Thus, while the court affirmed the conviction, it took action to lessen the punishment given to Davis.

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F-2004-184

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In OCCA case No. F-2004-184, Kenneth Kelmer Jackson appealed his conviction for Accessory After the Fact to First-Degree Murder and Knowingly Concealing Stolen Property. In an unpublished decision, the court decided to affirm the conviction for Accessory After the Fact but reversed the conviction for Knowingly Concealing Stolen Property with instructions to dismiss that charge. One judge dissented. Kenneth was found guilty of helping someone after a murder had taken place and for hiding stolen items. The jury said he should go to prison for 14 years for the murder accessory charge and 5 years for the second charge, which would be served one after the other. On appeal, Kenneth argued that he should not be punished for both crimes since they came from the same act. The court agreed with him on this point and reversed the second conviction. Though they looked at his other claims about the trial not being fair, they decided they did not change the outcome of the case. In the end, the court said he could remain guilty of being an accessory to murder, but the charge regarding hiding stolen property was removed. One judge disagreed with part of this decision.

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F-2003-633

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In OCCA case No. F-2003-633, John Edward Schoonover appealed his conviction for Accessory After the Fact to Murder. In an unpublished decision, the court decided to reverse his conviction and remand the case for a new trial. One judge dissented. John Edward Schoonover was originally tried and found guilty of Child Abuse Murder, but that conviction was overturned. In this retrial, he was convicted of Accessory After the Fact to Murder and sentenced to seven years in prison and a fine. Schoonover raised several arguments on appeal, claiming his conviction should be overturned due to various errors that occurred during the trial. The court found that Schoonover's conviction was not valid for two main reasons. First, the actions he took to help after the injury occurred were done before the victim died. According to the law, to be guilty of being an accessory after the fact, the person must knowingly help the person who committed a crime after the crime has been completed, which means after the victim has died in this case. Since the victim did not die until later, the court argued that the conviction did not hold. Secondly, Schoonover's right to due process was violated. He had no notice that he would have to defend against the charge of Accessory After the Fact to Murder. The information provided to him before the trial did not include this specific charge. The court decided that because Schoonover was unaware of this potential charge, it would be unfair to convict him based on it. The court ruled that since these two significant issues were present, Schoonover's conviction was reversed, and he would receive a new trial to ensure a fair process. The remaining arguments he raised were not addressed because the main reasons for reversing the conviction were decisive.

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F-2003-22

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In OCCA case No. F-2003-22, Desean Terrell Poore appealed his conviction for Accessory After the Fact to First Degree Murder and Accessory After the Fact to First Degree Manslaughter. In an unpublished decision, the court decided that the conviction for Accessory After the Fact to First Degree Manslaughter should be reversed and dismissed, as it was found to be double punishment for a single action. The court also ordered corrections to the judgment's wording concerning the prior felony conviction.

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