Okla. Stat. tit. 21 § 701.7(A)

C-2017-998

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In OCCA case No. C-2017-998, Arnold Dean Howell appealed his conviction for First Degree Murder and First Degree Robbery. In an unpublished decision, the court decided to vacate Howell's convictions and remanded the case with instructions to dismiss it. One judge dissented. Howell had pleaded guilty to the charges in the District Court of Creek County and was sentenced to life imprisonment without the possibility of parole for the murder conviction and twenty-five years for the robbery conviction, with both sentences served one after the other. After the guilty plea, Howell filed a motion to withdraw it, which the district court denied. Howell then raised several issues in his appeal, questioning the state's authority to prosecute him, his competency to plead guilty, if his plea was made knowingly and voluntarily, whether he received good legal help, and if his sentence was too harsh. The important part of the appeal was Howell's claim regarding jurisdiction. He argued that the state did not have the right to prosecute him because he is considered an Indian under federal laws and the crimes happened within the Muscogee Creek Nation Reservation. This argument was based on a specific legal case called McGirt v. Oklahoma, which changed how certain cases with Indian individuals should be treated. In response to Howell's appeal, the court ordered a review of his case to determine if he was an Indian and if the crimes occurred on the reservation. During this review, both sides agreed on a few facts: Howell has Indian blood, is a registered citizen of the Muscogee Creek Nation, and the crimes did occur within the reservation. The district court accepted these facts. Following this information, the court concluded that Howell is legally an Indian and that the state did not have authority over the case. As a result, the court decided Howell's conviction could not stand, and they vacated the lower court's judgment and ordered the case to be dismissed. In conclusion, Howell's legal challenges about how his case was handled were significant enough to require a reversal of his convictions based on the jurisdictional issues brought up by the McGirt decision. This decision demonstrates how important it is to understand the laws regarding tribal lands and individual rights within the legal system.

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F-2019-588

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In OCCA case No. F-2019-588, Ricky Eugene Spencer appealed his conviction for two counts of Shooting with Intent to Kill. In an unpublished decision, the court decided to vacate the judgment and sentence and remand the case for a new trial. One judge dissented. Ricky Eugene Spencer was found guilty of shooting at two people, which led to his conviction. The trial took place in Muskogee County, where the jury decided on a twenty-year sentence for each count. However, the judge allowed for some of that time to be suspended and had conditions for probation. During his appeal, Spencer raised several issues, but one stood out: the jury was given the wrong instructions about transferred intent. This is a legal concept that says if someone means to hurt one person but accidentally hurts someone else, the intent to harm can still apply to the actual victim. The court found there was indeed an error in how the jury was instructed. Spencer did not challenge the instruction during the trial, so the court reviewed the mistake under plain error, meaning it was an obvious error that affected the fairness of the trial. The judge explained that the jury was incorrectly told they could find Spencer guilty of intent to kill based on a lesser intention to injure or scare someone else. This meant they could convict him without the proof needed for a serious crime like shooting with intent to kill. The prosecution argued that Spencer aimed to kill one person and mistakenly shot two bystanders. However, the trial's instructions could have allowed the jury to convict him based on weaker proof than required. During discussions, the jury showed they weren't completely convinced, asking questions that suggested they were unsure. The prosecutor's arguments during the trial also emphasized the wrong aspects of the law, pushing the jury toward an improper conclusion. Overall, the court could not be sure that the jury understood what they needed to prove. Therefore, they ruled that the error affected Spencer's rights significantly, requiring a new trial to ensure fairness. The decision means that Spencer would get another chance to defend himself in court, as the guidelines for convicting him were not properly explained the first time.

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S-2020-79

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In OCCA case No. S-2020-79, Stricker appealed his conviction for First Degree Murder and Desecration of a Human Corpse. In an unpublished decision, the court decided to affirm the ruling of the District Court that dismissed the alternative charge of First Degree Felony Murder during the commission of a kidnapping. None dissented. On April 17, 2019, Stricker was charged with serious crimes including First Degree Murder in Kingfisher County. Later, he faced an amended charge stating he could be guilty of First Degree Premediated Murder or First Degree Felony Murder related to kidnapping. During a hearing, the judge decided to dismiss the kidnapping charge based on insufficient evidence, which led the State to appeal the decision. The State argued that the judge’s decision was incorrect because they believed there was enough evidence to show that a crime occurred and that Stricker was involved. They said that at a preliminary hearing, it's essential to prove that probably a crime was committed and that the person involved might have done it. The judge ruled that although Stricker was in a position to manage his victim, there wasn't enough proof to suggest he intended to kidnap her. The second argument from the State was about the timing of Stricker's motion to quash the charges. They claimed the judge should not have considered this motion because it was filed after he pleaded not guilty. However, the court found that the judge did have the authority to hear the motion, even though the prosecution thought otherwise. Ultimately, the court found no error in the District Court's decision to dismiss the charge of First Degree Felony Murder related to kidnapping and decided to uphold that dismissal.

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F-2018-1263

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In OCCA case No. F-2018-1263, Leatherwood appealed his conviction for Murder in the First Degree, Possession with Intent to Distribute a Controlled Dangerous Substance, Possession of a Firearm During Commission of a Felony, Maintaining a Place for Keeping/Selling Controlled Substances, and Unlawful Possession of Drug Paraphernalia. In an unpublished decision, the court decided to affirm his convictions. One judge dissented. Travis Michael Leatherwood fatally shot Aaron Smith on Halloween night in 2017. They were once friends and worked together selling marijuana, but their friendship soured when Smith stole marijuana from Leatherwood. On the night of the shooting, Smith, upset by an exchange of insults with Leatherwood, went to confront him, unarmed. Leatherwood shot Smith with a rifle before he could say a word. Smith later died from the gunshot wound. After the shooting, police found a lot of evidence connecting Leatherwood to marijuana distribution at his home, including a rifle that he had used to shoot Smith and other drug-related items. Leatherwood argued in court that he acted in self-defense, but the jury did not agree. They concluded that he was the aggressor, especially since he called Smith a coward and provoked him. The jury found him guilty of first-degree murder, along with several drug-related charges. Leatherwood raised multiple issues on appeal, including claims that the state did not prove he acted outside of self-defense, that the court gave confusing jury instructions, allowed improper amendments to the charges, and that he had ineffective assistance of counsel. However, the court disagreed with all of his claims. In terms of self-defense, the court ruled that Leatherwood’s actions and words indicated he was not acting in self-defense but rather was the one who provoked the situation. He had armed himself before Smith arrived and shot him before any confrontation occurred. The court also discussed the jury instructions, concluding that the district court did not err by omitting instructions on a lesser charge of heat of passion manslaughter since there was no evidence to support that Smith's actions would provoke such a response from Leatherwood. As for the amendment of charges, the court determined that Leatherwood was sufficiently informed of the charges he faced and that he could defend against them adequately. The evidence showed that he had both the firearm and the controlled substances as part of his operations, fulfilling the requirements for his convictions. Leatherwood's claim that his lawyer was ineffective was also denied because the court found that the lawyer's strategies were reasonable given the overwhelming evidence against Leatherwood. The lawyer focused his arguments on the more serious murder charge rather than the drug offenses, which the jury could have easily decided against Leatherwood irrespective of those counts. Finally, the court ruled that Leatherwood's sentence was not excessive given the nature of the crime and his actions. The judge pointed out that the jury was aware of his age (20 at the time of the crime) and other circumstances, which did not make the sentence shockingly excessive. Ultimately, the court affirmed Leatherwood's convictions and ordered a separate hearing regarding the restitution amount, which needed to be calculated more accurately.

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F-2018-622

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The opinion you provided appears to be a detailed court ruling from the Oklahoma Court of Criminal Appeals regarding the case of Jasmine Michelle Irvin, who was convicted of First Degree Murder. Below is a summary of the key points from the opinion: ### Case Summary - **Appellant**: Jasmine Michelle Irvin - **Appellee**: State of Oklahoma - **Case Number**: F-2018-622 - **Court**: Oklahoma Court of Criminal Appeals - **Judge**: Cynthia Ferrell Ashwood - **Verdict**: Convicted of First Degree Murder - **Sentence**: Life in prison without the possibility of parole ### Facts of the Case - The victim, Robert Godwin, was found shot to death in a secluded area. - Evidence indicated that Appellant had expressed a desire to have the victim killed and had made attempts to recruit others to help. - Appellant contacted the victim, leading him to the location where he was killed. - The victim suffered multiple gunshot wounds to the back, and information from cell phone data supported the timeline of events leading to the murder. ### Legal Propositions 1. **Waiver of Jury Trial**: Appellant challenged whether she knowingly and intelligently waived her right to a jury trial. The court found that the waiver was clear and the trial court had adequately assessed her understanding of the waiver. 2. **Victim Impact Testimony**: Appellant contended that her due process rights were violated due to the admission of victim impact testimony from a non-family member. The court acknowledged the error but did not find it sufficient to warrant relief since the trial judge was presumed to consider only competent evidence in sentencing. 3. **Ineffective Assistance of Counsel**: Appellant alleged her counsel was ineffective for not ensuring her waiver of the jury trial was valid and for failing to object to the victim impact testimony. The court found no deficiency in counsel's performance. 4. **Accumulation of Errors**: The court addressed Appellant's claim that the cumulative errors denied her a fair trial. It was determined that since no reversible errors were found, the cumulative error claim lacked merit. ### Conclusion - The court affirmed the judgment and sentence of the district court, concluding there were no reversible errors present. - An additional concurrence discussed the standard of review for the waiver of jury trial but ultimately supported the affirmation of the conviction. For more details or to read the full opinion, you may refer to the link provided in your original text.

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F-2017-1031

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In OCCA case No. F-2017-1031, a person appealed his conviction for first-degree murder. In an unpublished decision, the court decided to affirm the conviction. One member of the court dissented. Dakota Joe Spainhower was found guilty of first-degree murder for killing his friend, who was a juvenile. The incident occurred after their shift at a local restaurant in July 2016. After receiving a ride home from the victim, Spainhower's mother noticed something strange outside and found a body next to a car, which belonged to the victim. Initially, Spainhower told his mother that the victim had tried to rob him and stabbed him first, prompting him to fight back and stab the victim multiple times. Evidence showed that Spainhower had blood on him and took the victim's keys after the incident. Spainhower's confession to the police was a crucial part of the trial. The court had to determine if this confession was made voluntarily and if he understood his rights when he waived them. There were questions regarding his mental health, education level, and the long duration of his questioning by police, all of which were argued to undermine the validity of his confession. However, the court found sufficient evidence that his confession was voluntary. The court also evaluated whether the evidence presented during the trial was enough to support the murder conviction. They determined that the evidence, including the victim's numerous injuries, was compelling enough for a rational jury to conclude beyond a reasonable doubt that Spainhower was guilty of intent to kill. Spainhower raised concerns about prosecutorial misconduct, claiming that the prosecutor made improper statements during closing arguments. The court assessed these claims and found that any mistakes did not significantly affect the outcome of the trial. Additionally, Spainhower argued that he received ineffective assistance from his counsel. However, the court determined that his counsel acted adequately throughout the trial. Finally, Spainhower claimed that the combination of all the errors he identified deprived him of a fair trial. The court concluded that since no individual errors were found that warranted relief, the cumulative effect of claims also did not provide grounds for a new trial. Thus, the court affirmed the judgment and sentence against Spainhower, maintaining his conviction for first-degree murder with no opportunity for parole.

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F-2018-184

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In OCCA case No. F-2018-184, Juanita Martinez Gomez appealed her conviction for First Degree Malice Murder. In an unpublished decision, the court decided to affirm her conviction. One judge dissented. Juanita, a 49-year-old woman, was found guilty of killing her daughter, Geneva Gomez, who was 33 years old, in Oklahoma City. The events took place in August 2016 after a violent encounter at Juanita's home. Geneva had previously lived with her boyfriend but went to collect her belongings with her mother. The boyfriend later became worried when he could not communicate with Geneva. The trial revealed that when the boyfriend visited Juanita's home, he found Geneva's body. She had severe injuries on her head and signs that she had been beaten. Instead of asking for help, Juanita showed strange behavior, claiming that Geneva was possessed. Evidence showed that Juanita attempted to clean up the crime scene and tried to prevent her boyfriend from leaving. At trial, Juanita did not testify, and her lawyers claimed that her odd behavior and statements meant she did not kill her daughter with intent. The jury, however, found that the evidence showed a clear intention to kill, considering the violent nature of the attack and Juanita's actions afterward. Juanita raised multiple claims of error in her appeal, but the court found that she had not been denied a fair trial. Her statements to the police about her motive for killing Geneva were not allowed in court because they were considered hearsay. The court reviewed the evidence and decided that it was sufficient to support the conviction for malice murder, rejecting Juanita's claims for lesser charges or defenses. The court ultimately affirmed the judgment of the District Court.

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F-2017-1104

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In OCCA case No. F-2017-1104, Joseph Johnson appealed his conviction for first degree murder. In an unpublished decision, the court decided to affirm the conviction. One judge dissented. Joseph Johnson was found guilty of killing Quavis Trae Cato during an argument over a car. The jury sentenced Johnson to life in prison without parole. The incident happened on October 10, 2016, when Johnson shot Cato 14 times, after a dispute over a stolen car. Witnesses testified that Johnson was armed with two guns and returned to the argument after briefly leaving the scene. During the trial, Johnson's defense argued for instructions on lesser charges of manslaughter, claiming he acted in the heat of passion or self-defense. However, the court found no evidence that Cato provoked Johnson sufficiently to warrant such instructions. The judges decided that Johnson escalated the situation by bringing guns into the argument and that simply being angry or upset does not justify the use of deadly force. Johnson also claimed that the prosecutor's closing arguments contained misconduct, asserting that they misled the jury about the facts and the law of self-defense, but the court found no errors that affected the fairness of the trial. Finally, Johnson’s defense argued that his lawyer didn't perform adequately by not presenting expert testimony about psychological conditions that might have affected his perception of the situation. However, the court concluded that even if the lawyer's performance was deficient, it wouldn't have changed the outcome of the trial because Johnson had initiated the conflict while armed. In summary, the court upheld the conviction for murder, concluding that Johnson acted with intent and malice when he killed Cato. The judges agreed that there was no basis for a lesser charge or for claims of ineffective counsel. Overall, the ruling was in favor of maintaining the original sentence.

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F-2016-902

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The Court of Criminal Appeals of the State of Oklahoma reviewed the case of K.G.O., charged as an adult with Murder in the First Degree, who sought to be certified as a Youthful Offender. The trial court granted this certification, which the State appealed, arguing that the decision was erroneous due to insufficient evidence supporting K.G.O.'s claim for Youthful Offender status. The appeal highlighted that, at the time of the alleged offense, K.G.O. was presumed to be an adult based on Oklahoma law, which allows for certification as a Youthful Offender but places the burden of proof on the accused to overcome this presumption. The court evaluated several guidelines specified in Oklahoma statute regarding certification, giving the most weight to the first three, which focus on the nature of the offense and the offender's history. After a thorough review, the appellate court concluded that the trial judge had abused her discretion by not adhering appropriately to these guidelines. They found a lack of evidence suggesting that K.G.O. met the necessary criteria to warrant status as a Youthful Offender and that the judge's decision did not support the conclusion reached. Therefore, the appellate court reversed the trial court's order and directed that the case proceed with K.G.O. being treated as an adult. A dissenting opinion from Judge Lewis expressed a belief that the trial court's certification should be upheld, indicating a difference in interpretation of the evidence and the application of the guidelines. Overall, the decision illustrates the court's stringent standards for certifying youthful offenders, emphasizing the necessity of a robust evidentiary basis to override the presumption of adult status in serious criminal cases.

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F-2016-82

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In OCCA case No. F-2016-82, Angel Marie Proctor appealed her conviction for First Degree Murder, Kidnapping, and Assault and Battery with a Deadly Weapon. In a published decision, the court decided to reverse and remand the kidnapping conviction with instructions to dismiss, while affirming the other convictions. One judge dissented.

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F-2015-393

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In OCCA case No. F-2015-393, Tucker Ryan McGee appealed his conviction for First Degree Malice Aforethought Murder. In an unpublished decision, the court affirmed his conviction but vacated his sentence of life without the possibility of parole and remanded the matter for re-sentencing. One judge dissented. The case involved the tragic disappearance of 16-year-old JaRay Wilson, who went missing in October 2012. Investigators later connected Tucker McGee and his friend Cody Godfrey to JaRay's disappearance. Evidence presented during the trial showed that McGee, while under the influence of drugs, shot JaRay in the head and subsequently helped dispose of her body. Throughout the trial, McGee raised numerous issues regarding jury instructions and the fairness of his trial, arguing that certain instructions on lesser offenses were improperly given or omitted, that the jury was misled by a flight instruction, and that he was deprived of a fair trial due to the evidence presented against him. He also claimed that the prosecution engaged in misconduct and that he did not receive effective assistance of counsel. The court reviewed all the claims made by McGee and found that while certain instructions were given that could be considered errors, they did not ultimately affect the outcome of the trial. The strengths of the evidence against McGee, including his confessions and the testimony of witnesses, led the court to determine that the errors did not warrant reversal of his conviction. Importantly, the court also addressed the implications of recent U.S. Supreme Court decisions on juvenile sentencing, specifically those related to life without parole sentences for juvenile offenders. The court acknowledged that the previous standards did not adequately consider the unique circumstances surrounding juvenile offenders and determined that McGee's sentence required re-evaluation under updated legal interpretations regarding the treatment of juveniles in the criminal justice system. As a result, while McGee's conviction was upheld, his life sentence without the possibility of parole was vacated, allowing for the opportunity for re-sentencing that would take into account his age and circumstances at the time of the crime.

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F-2011-366

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In OCCA case No. F-2011-366, Tony Ray Gipson appealed his conviction for First Degree Malice Murder. In an unpublished decision, the court decided to affirm the conviction but vacate the sentence of life imprisonment without the possibility of parole and remand the case for resentencing. One judge dissented. Tony Gipson was found guilty of murdering Victor Berryhill by stabbing him multiple times during an argument at a housing complex. The argument arose after tensions escalated between Gipson's brother and Berryhill. Earlier in the night, Gipson had an altercation with his girlfriend, after which he left. When he returned, he saw his brother involved in an argument with Berryhill, which prompted him to stab Berryhill before kicking him. During the trial, Gipson tried to argue that he was acting in defense of his brother, claiming that he was provoked. He raised several issues on appeal, including a challenge to the state’s jurisdiction based on his Indian heritage and the property being classified as Indian country. The court found that the property did not meet the criteria to be considered Indian country under federal law, concluding that the state had jurisdiction to prosecute Gipson. Gipson also argued that the trial court erred in excluding certain statements made by his co-defendant, but the court determined that these statements were not reliable or relevant. The court found no abuse of discretion regarding jury instructions on self-defense or the admission of evidence regarding a prior domestic dispute involving Gipson, even though this evidence may have harmed his chances during sentencing. Ultimately, the court upheld the conviction but decided that Gipson's harsh sentence was likely influenced by the improper admission of evidence relating to his character, which led to the decision to vacate the sentence and order resentencing.

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F-2004-649

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In OCCA case No. F-2004-649, Franklin Lee Gibbs, Jr. appealed his conviction for First-Degree Murder and Felon in Possession of a Firearm. In an unpublished decision, the court decided to reverse the conviction due to an error in jury selection. Gibbs was only given five peremptory challenges instead of the nine he was supposed to have under the law. This was considered a violation of his due process rights, leading the court to order a new trial. Additionally, one judge dissented on some points, but the key reason for the reversal was the error in jury selection.

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