In OCCA case No. F-2007-340, Robert Dewayne Hayes, III appealed his conviction for First Degree Murder Youthful Offender, Shooting with Intent to Kill, and Assault with a Dangerous Weapon. In an unpublished decision, the court decided to affirm his convictions for First Degree Murder and Assault with a Dangerous Weapon, but reversed the conviction for Shooting with Intent to Kill with instructions to dismiss. One judge dissented.
In OCCA case No. F-2005-855, Fomby appealed his conviction for second-degree burglary, possession of a controlled substance, and other related charges. In an unpublished decision, the court decided to affirm his conviction but modify his sentence. One judge dissented. Fomby was found guilty of several crimes in Comanche County. He received a long sentence of sixty years for each burglary, two years for the possession of methamphetamine, and ten years for concealing stolen property. These sentences were to be served one after the other, making the total time very long. Fomby claimed that there were many mistakes during his trial. He said the court wrongly changed a standard instruction by adding details about his past sentences, which might have influenced the jury. He also mentioned that the prosecutor said he was no longer considered innocent before the trial even concluded, which he felt was unfair. Furthermore, he argued that the court allowed evidence of other crimes unfairly, and he did not get a fair hearing for new charges that were added. The appeal court looked at all these claims. They agreed that the change in jury instruction was a mistake and the prosecutor's comments on Fomby's innocence were improper. Because of these two main points, the court decided to change his sentences from sixty years each to thirty years to be served together instead of one after the other. They concluded that some of Fomby’s other arguments did not have enough merit to change the outcome of the case. For example, they found there was enough evidence to show he knowingly hid stolen items and had possession of methamphetamine. In the end, most of Fomby's convictions were upheld, but his sentences were significantly reduced to make them less severe. One judge did not agree with this modification, believing the original sentences were justified given Fomby’s serious crimes and history.
In OCCA case No. RE-2004-614, the appellant appealed his conviction for second-degree rape by instrumentation. In an unpublished decision, the court decided to modify the revocation of the appellant's suspended sentence. One judge dissented. The case began when the appellant pled guilty to second-degree rape and was sentenced to a total of 10 years and 6 months of imprisonment. However, the judge suspended all but the first 6 months, allowing the appellant to serve that time in prison and then go on probation with specific rules. One of these rules, known as Rule 9, prohibited the appellant from using pornography or visiting places like adult bookstores and massage parlors. Later, the state accused the appellant of violating this rule. They claimed that he participated in a live sex show on the Internet, which was viewed by an undercover police officer. The officer discovered the show after receiving a tip about the appellant's activities. Following a hearing, the judge ruled that the appellant did indeed violate the conditions of his probation and revoked the remaining part of the suspended sentence. The appellant brought forth three main arguments in his appeal. First, he claimed that his right to a fair attorney was compromised because his lawyer had previously worked as a prosecutor in his original rape case. The court found that although an attorney representing both sides creates concerns, in this case, the attorney was no longer working for the prosecution at the time of the revocation hearing. Therefore, the court did not find this to be a reversible error. Second, the appellant argued that the state had not given him enough notice about the specific allegations against him. The court agreed that the notice was lacking but noted that the appellant had actual knowledge of the issues at hand and did not show any harm from the lack of notice. Lastly, the appellant asserted that revoking his entire suspended sentence was too harsh. The court recognized that the appellant had shown good behavior while on probation and that he had been actively working on his rehabilitation. The judge noted that the probation officer and treatment providers believed that a lesser sanction would have been appropriate instead of total revocation. Thus, the court decided to modify the revocation order so that the appellant would only serve the time he had already spent in confinement and would be returned to probation. The revised decision was a mix of affirming some parts of the original ruling while changing the overall outcome regarding the revocation of probation.