Okla. Stat. tit. 21 § 843.5

F-2018-391

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In OCCA case No. F-2018-391, Zachary Troy King appealed his conviction for Child Abuse by Injury. In an unpublished decision, the court decided to affirm the conviction and sentence. One judge dissented. Zachary Troy King was found guilty by a jury in a case where he was accused of injuring a child. The jury decided that he had caused harm to the child, and he was sentenced to twenty years in prison, with the first fifteen years needing to be served. King argued four main points in his appeal. First, King said that the evidence presented in his trial was not strong enough to prove he committed child abuse. He claimed that the injuries to the child were not clearly caused by him, and he thought the jury should not have convicted him. However, the court believed that there was enough evidence for any reasonable person to conclude that King did injure the child. Second, King claimed that the judge made a mistake by not allowing a mistrial after the prosecution introduced certain evidence. He argued that this evidence was not important or added to the case in a meaningful way. Yet, the court felt that the testimony included by the prosecution was relevant to proving injuries were intentionally inflicted rather than accidental. Third, King accused the prosecutor of acting unfairly during the trial, which made it hard for him to get a fair trial. The court reviewed the prosecutors' actions and felt there were no significant errors that would have impacted the trial's fairness. Lastly, King argued that the collection of mistakes in his trial added up to take away his right to a fair hearing. But, since the court did not find any errors that would require a reversal of the conviction, the claim was also denied. In conclusion, the court upheld the jury's decision and the trial judge's actions, stating that King received a fair trial and that there was enough evidence to support the conviction. The judgment from the trial court was confirmed, and King will continue to serve his sentence.

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F-2018-541

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In OCCA case No. F-2018-541, Daniel Jeremiah McKay appealed his conviction for Failure to Register as a Sex Offender. In an unpublished decision, the court decided to affirm his conviction and the seven-year prison sentence. One judge dissented. McKay was originally charged with two things: sexual abuse of a child under 12 and failing to register as a sex offender. He was found not guilty of the first charge but convicted of the second. The jury gave him a sentence of seven years in prison, which the judge approved. He argued that his sentence was too long, claiming it should have been the minimum of four years because the jury was influenced by information related to the charge he was acquitted of. The court explained that they would not change the sentence unless it was extremely unfair. The law allowed for a sentence from four years to life for failing to register. The court also discussed that evidence from his past, including previous convictions and how he had dealt with sentences before, could be looked at by the jury when deciding the punishment. The judges stated that since McKay's sentence was only three years more than the legal minimum and much less than the maximum, it did not seem unreasonable. McKay's arguments about the sentences and the evidence were not enough to convince the court to change its decision. Therefore, they kept the original conviction and sentence.

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F-2017-68

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This text appears to be a legal opinion from the Court of Criminal Appeals of the State of Oklahoma regarding the case of Jonathan D. McKee, who was convicted of Child Abuse. The judgment affirms the conviction and address various propositions raised by the appellant concerning the conviction and the trial process. The summary of the opinion includes analysis of the following propositions: 1. **Sufficiency of Evidence**: The court concluded that there was sufficient evidence for a rational juror to convict McKee of child abuse based on medical expert testimony. 2. **Evidentiary Rulings**: The court reviewed multiple evidentiary rulings that McKee argued were erroneous. They concluded that while McKee's refusal to speak with authorities could raise Fifth Amendment concerns, it did not constitute plain error affecting the trial’s outcome. Additionally, evidence concerning drug paraphernalia was found relevant to the case. 3. **Judicial Bias**: Appellant’s claim of judicial bias was rejected as the court found no evidence of actual bias or any violations affecting due process. 4. **Cumulative Error**: The court stated that because none of the individual propositions were sustained, the cumulative error argument had no merit. The opinion also includes concurring opinions from Judges Kuehn and Rowland. Judge Kuehn expressed some reservations about the relevance of mentions of a request for legal counsel, while Judge Rowland emphasized that McKee's conduct and refusal to speak were relevant in assessing guilty knowledge, even though they did not implicate any constitutional violations. The final decision affirmed the judgment and sentence, with the court ordering the mandate issued upon delivery and filing of this decision. For further details, one may refer to the full opinion [here](https://opinions.wirthlawoffice.com/wp-content/uploads/F-2017-68_1734271673.pdf).

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S-2018-229

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**Summary of Case: State of Oklahoma v. Brittney Jo Wallace, 2019 OK CR 10** **Court**: Court of Criminal Appeals of Oklahoma **Case No.**: S-2018-229 **Date Filed**: May 23, 2019 ### Background: Brittney Jo Wallace was charged in the District Court of Rogers County with two counts of Enabling Child Abuse and one count of Child Neglect. A pretrial hearing was held regarding her motion to suppress evidence obtained from her cell phone, which was granted by the trial court. ### Key Points: 1. **Appeal by State**: The State of Oklahoma appealed the trial court's decision to suppress evidence obtained from Wallace's cell phone, arguing that the seizure was supported by probable cause. 2. **Legal Standards**: - The appeal is evaluated under 22 O.S.2011, § 1053, which allows the State to appeal a pretrial order suppressing evidence in cases involving certain offenses. - The appellate court applies an abuse of discretion standard when reviewing a motion to suppress. 3. **Probable Cause & Exigent Circumstances**: - The court recognized that warrantless searches are presumed unreasonable but can be justified under certain conditions, such as probable cause and exigent circumstances. - The detective believed that Wallace's phone contained evidence of child abuse and had sufficient reasons to act quickly to preserve that evidence. 4. **Actions Taken with the Phone**: - The detective accessed the phone with Wallace's assistance to forward calls and put the device in airplane mode, actions viewed as reasonable to prevent potential evidence loss. 5. **Trial Court's Findings**: - The trial court suppressed the evidence, stating the seizure and accessing of the phone were illegal. The appellate court found this decision to be an abuse of discretion, as the actions taken by law enforcement were justified. 6. **Search Warrant**: - The State also challenged the trial court's ruling regarding a subsequent search warrant for the cellphone, which the trial court deemed overly broad and not supported by probable cause. - The appellate court highlighted the need for the defendant to provide evidence showing the invalidity of the warrant and noted the lack of factual development in the record. ### Conclusion: The appellate court reversed the trial court's decision to suppress the evidence. It determined that the initial seizure and accessing of Wallace’s phone were reasonable and consistent with legal standards. The matter was remanded to the district court for further proceedings. The decision was unanimously concurred by all judges. **Document Link**: [Download PDF](https://opinions.wirthlawoffice.com/wp-content/uploads/S-2018-229_1734331323.pdf) --- This summary encapsulates the critical elements of the case, focusing on the legal principles involved and the court's reasoning without delving into detailed citations or procedural minutiae.

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F-2017-863

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In OCCA case No. F-2017-863, Joe Zacharias Harp appealed his conviction for Child Sexual Abuse. In an unpublished decision, the court decided to affirm his conviction. One judge dissented. Harp was found guilty of Child Sexual Abuse in a trial that did not involve a jury. The judge sentenced him to thirty years in prison and three years of post-imprisonment supervision. He raised five main points in his appeal. First, he argued that he should not have been tried after entering a no contest plea because jeopardy should have attached at that moment. However, the court found that he did not show that an error occurred in this area. Since he went ahead with the trial without raising the issue, the court ruled he had waived this point. Second, Harp claimed that the court wrongly allowed certain statements made by the victim to be used as evidence without first holding a reliability hearing. The court acknowledged that he had not disagreed with this at trial but concluded that the statements were reliable enough and that the error did not affect Harp's rights in any significant way. For the third point, Harp said that the victim's testimony was too vague and unbelievable and that it needed support from other evidence to count as valid. The court disagreed, stating that the victim's testimony was consistent and made sense, thus supporting a conviction without needing corroboration. The fourth point was about his lawyer not properly supporting his plea and rights during the trial. The court stated Harp did not meet the requirements to prove that his lawyer had failed in their duty. Lastly, Harp mentioned that the errors in his trial added up to unfair treatment, but the court ruled against this claim as well, finding no significant cumulative error. In conclusion, the court affirmed the original judgment and Harp's sentence.

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F-2017-1247

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In OCCA case No. F-2017-1247, Michael Wesley Watters appealed his conviction for Child Abuse by Injury and Misdemeanor Domestic Assault and Battery in the Presence of a Minor. In an unpublished decision, the court decided to affirm the district court's order to accelerate Watters' deferred judgment and sentencing. There was one dissenting opinion. Watters had entered a plea of no contest for his charges and was given a deferred judgment. This meant that if he followed the rules for a certain period, he would not have to serve time. However, the state claimed that he violated the terms of his deferred sentence, which led to this appeal. The court examined various issues presented by Watters regarding his case, including whether there was enough evidence for his probation violation, if the judge used proper evidence to make decisions, and if he received fair representation from his lawyer. The court found that the state's evidence, which included testimony from Watters' former spouse, was sufficient to show that he had violated a protective order. It also decided that while some issues regarding how jail costs were calculated were raised, these issues were moot because earlier court rulings had already addressed them. Watters argued that he did not get a fair hearing because of the prosecutor's behavior and that his lawyer did not do a good job representing him. However, the court felt that any mistakes made by his lawyer did not affect the outcome of the case significantly. Watters claimed his sentence was too harsh, but the court explained that questions about the length of a sentence in this situation need to be addressed in a different kind of appeal, not this one. Ultimately, the court found no significant errors in the proceedings and affirmed the decision to accelerate Watters' sentencing, meaning he was required to serve his time in prison.

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F-2017-1240

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In OCCA case No. F-2017-1240, Kevin Eugene Fowler appealed his conviction for five counts of Child Neglect. In an unpublished decision, the court decided to affirm his convictions and sentences. One judge dissented. Kevin Eugene Fowler was found guilty by a jury of neglecting his children, which included not providing them enough food and medical care. The jury recommended that he be sentenced to 30 years in prison for four of the counts and 10 years for the last count, with all sentences to be served one after the other, totaling 130 years. Fowler was required to serve 85% of his sentences before being eligible for parole. Fowler raised several points during his appeal, arguing that there were issues with how evidence was presented in court. He claimed that comments made by a police officer were unfair and that he did not receive a fair trial because of them. However, the court found that these comments were relevant and did not harm his case. Fowler also argued that he was wrongly punished multiple times for the same actions regarding his children, but the court ruled that his separate actions of failing to provide food and medical care could be treated as different crimes. He accused the State of misconduct during the trial, but the court concluded that the comments made were either allowed within the context of the trial or did not unfairly influence the jury. Another point raised was about his attorney not doing a good job. Fowler claimed his lawyer failed to object to improper arguments and was not sufficiently prepared. The court found that his lawyer's actions were not deficient and that there was no actual conflict of interest in defending both him and his co-defendant. Fowler believed that his lengthy sentences were excessive. Yet, the court determined that the sentences fell within the legal limits, and the trial judge had considered all relevant facts before deciding to make the sentences consecutive. Lastly, Fowler argued that all these issues combined made it impossible for him to get a fair trial, but since the court did not find any individual errors significant, they ruled against this claim as well. Overall, the court affirmed Fowler's multiple convictions and sentences, concluding that no errors were made that would warrant a new trial or a change in sentencing.

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F-2017-1248

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In OCCA case No. F-2017-1248, Aislyn Jonelle Miller appealed her conviction for five counts of Child Neglect. In an unpublished decision, the court decided to affirm the judgment and sentence. One judge dissented. Miller was found guilty by a jury of not taking care of her two young children, which included not providing them with enough food and not getting them the medical care they needed. The jury suggested that she be sentenced to thirty years in prison for four of the counts and ten years for one count, with the sentences to be served one after the other. Miller argued several points on appeal. First, she claimed that two of her convictions for neglecting one child should not count separately, as they were for the same offense – one for not feeding the child and the other for not getting medical care. She also made a similar claim regarding her neglect of her other child. However, the court found that failing to feed the children and failing to get medical care for them were different acts, so her separate convictions were valid. Miller’s next argument was that she did not have good legal representation during her trial. The court explained that to prove this, she needed to show that her lawyer made big mistakes and that these mistakes changed the outcome of her case. Since the court deemed her convictions valid, it concluded that any issues raised about her attorney’s performance would not matter since those objections would not have made a difference. Lastly, Miller claimed that the judge should have allowed her to serve her sentences at the same time instead of one after the other, which would have meant a shorter time in prison. The court pointed out that judges have the right to decide how to run sentences, and in this case, the judge acted reasonably and considered all the facts before deciding to run them consecutively. Overall, the court did not find any errors in the trial process that would have changed the outcome, and so they upheld the original sentence given to Miller.

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F-2017-1231

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In OCCA case No. F-2017-1231, Antonio Tiwan Taylor appealed his conviction for two counts of Sexual Abuse of a Child. In a published decision, the court decided to affirm the conviction. One member of the court dissented. Antonio Tiwan Taylor was found guilty by a jury in Oklahoma for harming his girlfriend's seven-year-old daughter in December 2014. The girl talked about what happened to her, and the State also shared letters that Taylor wrote to the child's mother where he seemed to admit his actions and apologize. Furthermore, a young woman testified that Taylor had raped her before, which was included to show his tendency to commit such acts. Taylor appealed his conviction on several points. First, he argued the trial court should not have allowed the woman’s testimony, claiming it was more harmful than helpful to his case. The court reviewed this claim and found no error in allowing her testimony; they saw it as relevant and not unfairly prejudicial to Taylor. Second, during the trial, the woman who made the earlier accusation did not show up, and Taylor argued that her absence meant her prior testimony shouldn’t be used. The court decided she was unavailable and allowed her earlier testimony to be read to the jury. Taylor disagreed but the court believed the State made enough effort to locate her, and they maintained that her previous testimony was still valid and credible. Next, Taylor made a claim based on collateral estoppel. This is a legal principle that says if someone was found not guilty of a crime, they shouldn’t be tried again for the same issue. Taylor believed that because he was acquitted of raping the woman in question, her testimony should not have been used against him in this case. However, the court explained that an acquittal does not mean the person is innocent but that there was reasonable doubt about their guilt. Thus, they could still consider the facts of the earlier case for a different purpose. Lastly, Taylor argued that even if the trial had a few errors, they added up to a reason for a new trial. Since the court found no errors in the previous claims, this argument was also denied. The court ultimately affirmed the decisions made during the trial, meaning Taylor's convictions and sentences remained in place.

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F-2017-952

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In OCCA case No. F-2017-952, Jerry Don Battenfield appealed his conviction for sexual abuse of a child under age twelve. In an unpublished decision, the court decided to affirm his convictions. One judge dissented. Mr. Battenfield was found guilty without a jury and received a sentence of thirty years in prison and a fine for each of the two counts, which means he must serve over twenty-five years before he can be considered for parole. He raised several arguments on appeal. First, he argued that he did not understand that he was giving up his right to a jury trial. He believed he might face the death penalty, but the court found he was not misled about the possible punishment. Therefore, his claim was denied. Second, he claimed that the judge improperly relied on evidence that was not admitted during the trial. However, the court found that the judge could only use the evidence that was presented and determined there was no error. Third, he argued that there should have been a hearing to check if child hearsay was reliable before it was allowed in court. The court noted that his attorney had actually agreed to let the hearsay in, which meant that there was no error to review. In the fourth point, he contended that some of the child’s statements were allowed into the trial in a way that violated his right to confront witnesses. The court agreed that there was a mistake concerning some statements but concluded the mistake was harmless, as there was enough other evidence to show he was guilty. Fifth, he stated that his lawyer did a poor job for not fighting harder to protect his rights during the trial. However, the court believed that the lawyer did not make any major mistakes that would have changed the outcome of the trial. Finally, he asked for a review based on multiple mistakes during the trial. The court found that the previous issues did not add up to deny him a fair trial. The court affirmed the judgment and said that the decisions made during the trial were generally correct, despite acknowledging a small error regarding the child’s statements. Overall, his appeal was denied, and he will continue to serve his sentence.

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F-2017-1038

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In OCCA case No. F-2017-1038, Zachary Craig Anderson appealed his conviction for Child Neglect. In an unpublished decision, the court decided to affirm the judgment and sentence. One judge dissented. Zachary Craig Anderson was found guilty after a trial for neglecting a child, which is against the law. The judge gave him a sentence of 20 years in prison but also gave him credit for the time he had already served. Anderson did not agree with his conviction and decided to appeal, which means he wanted a higher court to review the decision made in his original trial. Anderson claimed that his lawyer did not help him effectively by not challenging the statements he made to the police. He argued that his lawyer should have questioned whether those statements could be used against him in court because he was not read his rights, which are important for protecting people when they are being questioned by police. These rights are known as Miranda rights, and they are designed to help ensure that people are not forced to speak without understanding their rights. In the appeal, the court looked at whether Anderson's lawyer did a good job or not. To win this argument, Anderson had to show that his lawyer's performance was poor and that this hurt his chances of a fair trial. The court found that Anderson did not show evidence that his lawyer was ineffective. They said that Anderson actually voluntarily talked to the police and did not feel pressured or threatened. Since he cooperated, the court thought there was no reason for the lawyer to challenge his statements to the police. After looking at all the evidence and arguments, the court decided to keep Anderson's conviction and sentence as they were. They also denied his request for a hearing to discuss the effectiveness of his lawyer's help during the trial. In summary, Anderson's appeal did not lead to any changes in his conviction. The court agreed that the statements he made to the police were allowed and that his lawyer’s actions were reasonable in the situation.

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F-2017-994

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In OCCA case No. F-2017-994, Holly Tegan Zuniga-Griffin appealed her conviction for Enabling Child Abuse. In an unpublished decision, the court decided to affirm her conviction. One judge dissented. The case involved Holly Tegan Zuniga-Griffin, who was found guilty of enabling the abuse of her three-year-old son. The jury in Muskogee County decided she was guilty of this crime based on the evidence presented during the trial. She was sentenced to ten years in prison, following the jury's recommendation. Zuniga-Griffin raised several issues in her appeal. First, she argued that the law regarding child abuse was unclear and vague. However, the court found no reason to change its previous decisions on this issue and denied her claim. Next, she claimed there wasn't enough evidence to prove she understood her child was in danger when she left him with her 17-year-old boyfriend. The court disagreed, stating there was enough evidence to show she should have known her child was at risk. Zuniga-Griffin had made inconsistent statements about how her son got hurt, and medical evidence indicated he had been physically abused. She also said she was denied a fair trial because the judge didn't instruct the jury properly. The court acknowledged that some jury instructions could have been appropriate, but overall, they did not think this affected the trial's fairness. Another point she raised was about a nurse giving an opinion in court when she didn't have the right qualifications. The court found that the nurse did have enough training and experience to testify about the injuries on the child, so they disagreed with Zuniga-Griffin's claim. Zuniga-Griffin contended that the prosecution failed to provide important evidence that could have helped her case. However, the court concluded that she was aware of the photos in question during the trial and did not attempt to use them, dismissing her argument. She also claimed her lawyer did not do a good job representing her, which negatively impacted her trial. But the court found her lawyer's decisions were reasonable and did not affect the outcome. Zuniga-Griffin then argued that her ten-year sentence was excessively harsh. The court noted that her son had suffered serious injuries, and her sentence was within what the law allowed, so they did not find it shocking. Finally, she stated that all the errors combined during the trial made it unfair. The court determined that the errors she identified did not, either separately or together, undermine her right to a fair trial. In the end, the decision of the trial court was upheld, meaning Zuniga-Griffin would serve her sentence as originally decided.

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F-2017-189

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In OCCA case No. F-2017-189, William Todd Lewallen appealed his conviction for Child Neglect, After Former Conviction of Two or More Felonies. In an unpublished decision, the court decided to affirm the judgment and sentence of the district court. A dissenting opinion was not recorded. Lewallen was found guilty in a previous trial and sentenced to twenty-three years in prison. He appealed this sentence, and the court decided to change the sentence to fourteen years during a resentencing trial. Lewallen wanted to testify during this resentencing but was not allowed to do so by the trial court. This decision led to Lewallen's appeal. Lewallen claimed that not allowing him to testify was a serious mistake called structural error, which means it affected the fairness of the entire trial process. However, the court explained that most errors in trials can be harmless unless they are structural errors. The court ultimately found that Lewallen's case did not involve what would be classified as structural error. The court noted that while everyone has the right to present a defense and testify, this right has limits and must follow the rules of court. In Lewallen's case, his request to testify was denied because the court believed it didn't relate to the sentencing phase of his case. The court held that his testimony would not change the outcome of the sentencing because it was not relevant to the issues that the jury was deciding at that time. The decision emphasized that the resentencing was not a chance to revisit the guilt or innocence of Lewallen, as he was already found guilty. The new jury was only tasked with deciding how long his punishment should be based on what they learned from the original trial. In summary, the court affirmed Lewallen's new sentence and ruled that there were no errors that would affect the outcome of the case, including the denial of his request to testify.

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S-2016-163

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In OCCA case No. S-2016-163, Stites appealed his conviction for Child Sexual Abuse and Lewd Molestation. In a published decision, the court decided to affirm the lower court's ruling, which had dismissed one count of Child Sexual Abuse and amended another to Lewd Molestation. One judge dissented.

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C-2016-140

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In OCCA case No. C-2016-140, Hiram Frank Mutters appealed his conviction for Child Sexual Abuse. In a published decision, the court decided to grant him a new hearing. One judge dissented. Mutters pleaded no contest to Child Sexual Abuse on December 7, 2015, and was sentenced to fifteen years in prison and a fine. He later wanted to withdraw his plea, so he filed a motion. However, during the hearing for this motion, he was not present because he was taken to another facility. His lawyer thought Mutters would prefer to stay away from jail rather than return for the hearing. This decision meant that Mutters could not explain his reasons for wanting to withdraw his plea. The court found that it is very important for a person to be present during such hearings because their testimony is vital. Since Mutters was not there, the hearing did not meet the required standards for fairness. Thus, the court ruled that the case should go back for a new hearing where Mutters can be present to share his side of the story and explain why he thinks he should withdraw his plea.

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F-2016-55

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In OCCA case No. F-2016-55, James Curtis Cox appealed his conviction for Sexual Abuse of a Child. In an unpublished decision, the court decided to affirm the convictions but modify the sentences to run concurrently instead of consecutively. One judge dissented. Here's a summary of what happened: Cox was tried by a jury and found guilty of two counts of Sexual Abuse of a Child. The judge sentenced him to a long time in prison: twenty-five years for the first count and life imprisonment for the second count, along with fines. He had to serve eighty-five percent of his sentences before he could be considered for parole. Cox appealed because he thought several things went wrong during his trial. First, he complained that his lawyer did not do a good job. He also said the trial court made mistakes by not instructing the jury properly about certain evidence and that they considered witness statements that shouldn’t have been allowed. The court reviewed everything his lawyer did and decided that Cox was not able to show that he had suffered because of his lawyer's performance. They ruled that even if his lawyer didn’t object to some evidence or didn’t ask for certain instructions, it did not ruin his chance for a fair trial. The judges also looked at whether the trial court made mistakes about some evidence being used during the trial. They found that while some evidence shouldn’t have been used, it didn’t change the outcome of the trial. However, when it came to sentencing, the judges found a significant problem. The trial court should not have considered certain statements from victims who were not part of the case. They concluded that the judge was influenced by these statements, which were not allowed, while deciding how long Cox should stay in prison. In the end, the judges decided that Cox’s sentences should be changed to run concurrently, meaning he would serve them at the same time instead of one after the other. The court affirmed the convictions but modified the sentences so Cox would have a slightly lighter sentence to serve compared to what they initially decided. The appeal allowed Cox to get a better outcome in terms of his sentences, even though he still faced serious charges.

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F-2013-958

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In OCCA case No. F-2013-958, the appellant appealed his conviction for First Degree Child-Abuse Murder. In an unpublished decision, the court decided to affirm the conviction but remand the case for re-sentencing. One judge dissented. The case involved Gregory Antwon O'Neal, who was convicted for the murder of his two-month-old daughter, Tianna Marie O'Neal. The events began on May 17, 2007, when O'Neal and the child's mother brought Tianna to a hospital because she was unresponsive. At the hospital, doctors found Tianna had multiple injuries, the most serious being a skull fracture that resulted in brain swelling and ultimately her death the following day. Throughout the trial, the prosecution argued that O'Neal had either directly caused the injuries or allowed someone else to do so. O'Neal claimed that Tianna had fallen off a folding chair earlier that day and did not admit to any violent behavior. However, the medical evidence suggested that the injuries were consistent with abuse rather than accidental harm. The prosecution presented multiple medical experts who testified that the injuries Tianna suffered were serious and not likely to have occurred from normal accidents. O'Neal made several statements that appeared to change over time regarding how Tianna was injured. His comments while in custody were interpreted as signs of guilt. For example, when speaking to friends and family from jail, he seemed more worried about the potential consequences for himself rather than the well-being of his daughter. The prosecution used these statements to argue that O'Neal demonstrated a consciousness of guilt. The trial featured a defense expert who suggested that similar injuries could potentially happen through accidental means, which contradicted the prosecution's claims. Despite this, the jury found O'Neal guilty, leading to a sentence of life imprisonment without parole. On appeal, O'Neal argued several points, including the sufficiency of the evidence against him, claims of errors during the trial, and ineffective assistance of his counsel. The court's opinion examined these arguments, ultimately deciding that there was enough evidence to support the conviction. However, the court recognized an issue regarding the prosecutor's conduct during closing arguments, finding that the use of a doll as a prop during closing to dramatize the potential abuse was inappropriate and could have improperly influenced the jury. As a result, the court upheld O'Neal's conviction but ordered a new hearing for re-sentencing, emphasizing the need for proper conduct in courtroom arguments. One judge dissented, arguing that the prosecutor's actions did not merit a new sentencing as they did not sufficiently affect the trial's outcome. In conclusion, the court reiterated the importance of safeguards in the legal process, highlighting the need for a fair trial where jury members follow the evidence and court instructions rather than emotional appeals during closing arguments.

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C-2014-270

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In OCCA case No. C-2014-270, Gabriel Brian Solis appealed his conviction for Child Abuse. In an unpublished decision, the court decided to remand the case for resentencing before a different trial court. Solis had entered a plea where he maintained his innocence but accepted the plea for reasons other than guilt. He was sentenced to eighty years in prison and a fine, needing to serve 85% of the time before being eligible for parole. After feeling he was unfairly treated, he tried to withdraw his guilty plea, but the trial judge did not allow it. Solis then sought a higher court's intervention, which granted him a new hearing with a different lawyer. During the new hearing, it was found that the judge had shown bias against Solis and that his attorney had not done enough to protect his rights. This bias and the lack of effective legal representation were key reasons for the court’s ruling that Solis had been denied a fair trial. The court ultimately agreed that there were serious issues with how the plea was handled and the sentencing process. In summary, the court ruled in favor of Solis due to the unfairness he experienced in his initial trial, which led to the decision to have the case heard again, ensuring a fair process moving forward.

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F-2012-703

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In OCCA case No. F-2012-703, Heather Ann Jones appealed her conviction for Second Degree Murder, Robbery Committed by Two or More Persons, Conspiracy to Commit Robbery, and Child Neglect. In an unpublished decision, the court decided to reverse the conviction for Robbery but otherwise affirmed the Judgment and Sentence from the District Court. One judge dissented. Heather Ann Jones was found guilty after a jury trial in Sequoyah County. The jury sentenced her to fifteen years for Second Degree Murder, five years for Robbery, a fine for Conspiracy to Commit Robbery, and one year in jail for Child Neglect, with all sentences running at the same time. Jones raised several issues on appeal. First, she questioned whether there was enough evidence to support her convictions. The court found that the evidence was sufficient to support the jury's decisions, as it showed that Jones knew her accomplices intended to commit robbery. Even though initially the victim let them in, it was shown that they used deception to gain entry, which made their actions unlawful. Second, Jones argued that it was wrong for the trial court to allow testimony about her behavior during a TV interview after her daughter was shot. The court found that while the video of the interview was inadmissible, the investigator’s testimony about her demeanor did not count as hearsay and did not unfairly affect the trial. Jones also claimed that statements made by a witness to the police were wrongly admitted, claiming it deprived her of a fair trial. Despite the admission being deemed an error, the court ruled that since the witness testified in court about the same things, the error did not impact the outcome significantly. Jones's objection to some character evidence used against her related to her behavior following her daughter’s shooting was dismissed, as the court believed it directly supported the charge of Child Neglect. She also argued that being convicted for both Robbery and Second Degree Murder was unfairly punishing her twice for the same act. The court agreed, finding that the acts were part of the same crime, so they reversed her conviction for Robbery. In terms of ineffective assistance of counsel, Jones claimed her lawyer should have objected to several pieces of evidence, including the TV interview, police statements, and character evidence. The court ruled that her lawyer's performance did not prejudicially affect the outcome because the decisions were matters of which objections would not have made a difference. Finally, Jones asked for a review of all issues together, hoping that their combined impact on her trial would show that she did not receive a fair trial. However, the court found the errors were not enough to change the outcome. Overall, the court reversed Jones's conviction for Robbery but affirmed the rest of her convictions and sentences.

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C-2012-1165

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In OCCA case No. C-2012-1165, the petitioner appealed his conviction for Child Abuse or, in the alternative, Enabling Child Abuse. In an unpublished decision, the court decided to remand the case for an evidentiary hearing with conflict-free counsel. One judge dissented. Gabriel Brian Solis entered a type of guilty plea called an Alford plea, where he did not admit guilt but accepted a sentence possibility. He was sentenced to 80 years in prison and a $100 fine. Solis later wanted to take back his plea and filed a request to withdraw it, but this request was denied after two hearings where no real evidence was presented. The court noted that Solis did not get a fair chance to prove why he wanted to withdraw his plea, as he did not have a proper evidentiary hearing where witnesses could provide testimony or be questioned. It was also noted that during the hearing, Solis's attorney might have had a conflict of interest, which meant he could not represent Solis effectively. The court found that the trial judge did not allow enough evidence or witness testimonies at the hearings. Because of these issues, the case was sent back to the lower court so that Solis could have a proper evidentiary hearing with a new, conflict-free attorney. The remaining claims in Solis's appeal were no longer considered necessary since the hearing was to be redone.

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F-2011-1019

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In OCCA case No. F-2011-1019, Timmy Howard Dickey appealed his conviction for Child Sexual Abuse. In an unpublished decision, the court decided to modify his conviction to Incest instead. Two judges dissented. Timmy Howard Dickey was tried by a jury and found guilty of Child Sexual Abuse. The trial occurred in the District Court of Caddo County, and the judge sentenced him to 5 years in prison. Dickey was charged with having sex with his 17-year-old niece, B.D. The charges came to light when B.D. reported to the police that Dickey had raped her. Dickey's main argument on appeal was about the definition of a person responsible for the health, safety, or welfare of a child. He claimed that the court didn't have enough evidence to show that he was in a position of responsibility for B.D. at the time of the incident, which was necessary for a conviction of Child Sexual Abuse according to the law. The court agreed with Dickey’s argument, stating that there wasn't enough proof that he was a custodian as defined by the law. The law categorized those responsible for a child’s welfare, and the court found that Dickey did not fit into these categories like parents or legal guardians do. Since the legal definition of custodian requires formal authority granted by a court, and Dickey did not have such authority, the court found his conviction for Child Sexual Abuse could not stand. Even though they found insufficient evidence for that specific charge, the court acknowledged that Dickey did commit a serious crime against B.D. They indicated that it would be more fitting to change his conviction to Incest, recognizing that Dickey admitted to having consensual sex with B.D. during an interview after the incident. Ultimately, the court decided to change Dickey's conviction from Child Sexual Abuse to Incest but kept the sentence at 5 years of imprisonment. The decision was made to send a strong message about the seriousness of the crime. In conclusion, Dickey's charge was modified to recognize the seriousness of his actions, but technically, he was incorrectly charged at first. The judges had different opinions on the case, with two of them disagreeing with the court's decision to alter the conviction.

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F-2011-877

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In OCCA case No. F-2011-877, Dennis Lynn Miller appealed his conviction for multiple offenses, including child sexual abuse, first-degree rape, forcible oral sodomy, attempted first-degree rape, kidnapping, assault with a dangerous weapon, and intimidation of a witness. In an unpublished decision, the court decided to affirm his convictions for counts one through six and eight, while reversing and remanding count seven for dismissal. One judge dissented. Miller was convicted after a jury trial in Muskogee County, where he faced serious accusations of abusing his adoptive daughter, L.M. The abuse began when L.M. was around thirteen years old, involving both physical violence and sexual acts that lasted for several years. Miller's conduct included threats of violence to control L.M. during these acts, which left her frightened and unwilling to report the abuse. L.M. eventually confided in a friend, and authorities were contacted, leading to a police investigation that confirmed multiple instances of abuse. Although Miller challenged the admissibility of certain evidence related to his past behavior and the sufficiency of the evidence supporting his convictions, the court determined that the substantial evidence supported the jury's decisions. The court acknowledged that some evidence may not have been properly objected to during trial, but found that the lack of objections by defense counsel did not significantly harm Miller's case, as the victim's testimony was clear and credible. The court ultimately ruled that Miller's conviction for assault and battery with a dangerous weapon should be reversed as the evidence did not support that a dresser was used in a manner that constituted a dangerous weapon. In summary, the court upheld most of Miller's convictions while dismissing one, citing the overwhelming evidence against him and the credibility of the victim's testimony.

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C-2012-52

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In OCCA case No. C-2012-52, #Green appealed his conviction for #Child Neglect, Child Abuse, and Possession of Marijuana. In an unpublished decision, the court decided #to grant the petition for a writ of certiorari and remand the case for a new hearing on Green's motion to withdraw his plea. #No one dissented. Terry Lamar Green was in trouble for neglecting and abusing a child, and for having marijuana. After he admitted to these crimes, he was given a very long prison sentence. He was supposed to spend life in prison for the neglect and abuse charges, and he also got some additional time for the marijuana possession. Green felt upset and wanted to change his mind about pleading guilty. He asked to take back his guilty plea, which is called a motion to withdraw his plea, but his lawyer wanted to quit the case because they had some disagreement about what was going on. However, the judge said the lawyer couldn’t leave. Green believed this was unfair since he really needed a lawyer who didn't have a conflict of interest to help him with the hearing about changing his plea. The court looked into Green’s arguments carefully. It noted that the lawyer had a real problem because she was worried about possibly being a witness in the case. This could affect how she represented Green, and the judge didn't seem to understand that her interests were different from Green's at that moment. This meant that Green did not get the help he truly needed when he most needed it. Because of these issues, the court decided that Green was entitled to have a different lawyer represent him at the hearing about withdrawing his plea. They needed to make sure he had someone who could defend him without any problems. The court then decided that they needed to send the case back so that Green could have a new hearing with a lawyer who didn’t have a conflict. They also noticed that there was a missing document related to his marijuana charge, so they ordered that to be fixed too. Overall, the court recognized that Green had rights that were not properly protected, so they made the decision to help him have another chance to argue his case.

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F-2010-1079

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In OCCA case No. F-2010-1079, Dale Anthony Chambers appealed his conviction for two counts of Child Sexual Abuse. In a published decision, the court decided to reverse the judgment and remand the case for a new trial. One judge dissented. The case involved allegations made by Chambers's twelve-year-old stepdaughter against him, claiming he had sexually abused her while her mother was away. The girl testified that the abuse began in early 2009 and included inappropriate sexual acts and exposure to adult content. She ultimately revealed the abuse to her mother after first denying it, fearing punishment. Chambers's appeal centered around several arguments, particularly that he was denied his right to confront witnesses against him. This was due to the admission of evidence from a sexual assault examination report that included statements from a forensic interviewer who did not testify at trial. The court found that this violated Chambers's constitutional rights under the Sixth Amendment, which guarantees the right to confront witnesses. The court assessed whether this error affected Chambers's substantial rights and the fairness of his trial. They noted that the admission of hearsay evidence was significant and that it likely influenced the jury's verdict, as the report was specifically requested during deliberations. Since the physical evidence was not strong, the judge emphasized that the case heavily relied on the victim's testimony alone. In conclusion, the court ruled that the improper admission of evidence was not harmless and reversed the conviction, ordering a new trial for Chambers.

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C-2010-765

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In OCCA case No. C-2010-765, Polk appealed his conviction for multiple counts including Child Sexual Abuse, First Degree Rape by Instrumentation, Kidnapping, and Lewd Molestation. In an unpublished decision, the court decided to grant his appeal in part by reversing and dismissing the conviction for Lewd Molestation but affirmed the other convictions. One judge dissented.

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