Okla. Stat. tit. 21 § 844

F-2019-950

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In OCCA case No. F-2019-950, Shilow Lynn Dumas appealed his conviction for Child Abuse by Injury. In an unpublished decision, the court decided to affirm the judgment and sentence of the district court, except for a $1,000.00 fine imposed, which was stricken from the record. One judge dissented. Dumas was found guilty of injuring a child and was sentenced to five years of imprisonment after a jury trial. He raised several errors for appeal, including issues regarding jury instructions, the imposition of a fine, the sufficiency of evidence, ineffective assistance of counsel, and cumulative errors. The court reviewed the trial process and found that the jury instructions, while not ideal, did not impact Dumas's rights enough to be considered a plain error since he did not object to them during the trial. They noted Dumas's defense did not argue that his discipline was reasonable, which weakened his claims about how he should have been instructed on the law regarding discipline. The court found the trial court had made a plain error by imposing a fine after the jury did not recommend one, and thus they vacated the fine. Next, the court examined the evidence that was presented, ruling that enough evidence was available to support the jury's finding that Dumas had willfully injured the child. When looking at claims of ineffective assistance of counsel, the court decided that since Dumas did not show how he was harmed by his lawyer’s performance, his claims were unconvincing. The cumulative errors claim was also denied, as the court found no significant harmful errors besides the fine issue. Therefore, the overall decision upheld the conviction while correcting one aspect concerning the fine.

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S-2019-479

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This document is a summary opinion from the Oklahoma Court of Criminal Appeals regarding the case involving Chris Forte and Skyla Forte, who were charged with Child Abuse by Injury and Child Neglect. The order of the District Court, which quashed the child abuse charge due to insufficient evidence, has been reversed by the appellate court. Key points from the document include: 1. The appellate court held that the District Court abused its discretion in determining that the magistrate's bind-over order for Count 1 (Child Abuse by Injury) was not based on competent evidence. 2. The preliminary hearing established that the alleged victim, a six-year-old girl named K.K., suffered extensive bruising and malnourishment which were reported as a result of the conduct of the Appellees. 3. Evidence included testimony from a child abuse pediatrician whose findings indicated that the injuries were consistent with abuse rather than legitimate disciplinary actions. 4. The court stated that the determination of whether the force used was reasonable or excessive is typically a matter for a jury to decide. 5. Ultimately, the matter has been remanded to the District Court for further proceedings consistent with the appellate court's opinion. The case illustrates the legal standards for assessing probable cause during preliminary hearings and clarifies the threshold for determining whether the use of physical discipline may cross into abusive conduct under Oklahoma law.

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F-2008-433

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In OCCA case No. F-2008-433, #x appealed his conviction for First Degree Child Abuse Murder. In a published decision, the court decided to affirm the conviction but modify the sentence to life imprisonment with the possibility of parole after thirty years. #n dissented. Vicki Leigh Chiles was the owner of a day care and was taking care of several children, including a two-year-old boy named Joshua Minton. One day, Joshua didn't want to take his afternoon nap and was being noisy. To handle this, Chiles put him in a separate bedroom by himself and covered his mouth and hands with masking tape. Tragically, while he was alone, Joshua vomited and suffocated. When officials arrived at the day care for a surprise inspection, they found Chiles trying to give Joshua CPR. Unfortunately, he was not breathing, and emergency responders could not save him. The medical examiner determined that Joshua died due to lack of oxygen caused by the masking tape blocking his mouth after he vomited. During the trial, Chiles wanted the jury to be told that her actions could be considered an accident and asked for instructions about discipline. However, the court denied these requests. The court determined that it was clear her actions were not done with usual caution, which meant they couldn't qualify as an accident under the law. Chiles also argued that the jury should have been allowed to consider a lesser charge of second-degree murder. However, the court explained that because Joshua was a child and Chiles’ actions were considered unreasonable force, this charge was not available. Additionally, Chiles felt it was a mistake that the jury wasn't properly informed about what life without parole meant. The jury had confusion about the sentencing options available to them regarding her punishment. Due to this confusion, the court decided to change her sentence to allow for the possibility of parole after thirty years, instead of life without parole. In conclusion, while Chiles' conviction was upheld, her punishment was modified to allow for the possibility of parole, recognizing the jury's confusion about the sentencing terms.

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F-2001-759

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In OCCA case No. F-2001-759, Joe Nathan Stargell appealed his conviction for Injury to a Minor Child. In a published decision, the court decided to affirm the judgment but remand the matter for a hearing on the Sheriff's Fees. One judge dissented regarding the length of the sentence, suggesting it should be reduced to three years.

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