Okla. Stat. tit. 21 § 711.1

S-2013-687

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In OCCA case No. S-2013-687, the appellant appealed his conviction for DUI manslaughter. In a published decision, the court decided to affirm the lower court's ruling, stating that the evidence was not sufficient to prove that the appellant's actions were the direct cause of the victim's death. Two justices dissented from the decision. The case involved an incident that took place on October 11, 2012, when the appellee was charged with first-degree manslaughter. This charge stemmed from the accidental death of his wife, Linda Vaughan, while he was driving under the influence of alcohol. During the preliminary hearing, it was revealed that Vaughan was intoxicated, with a blood alcohol level of .14, and that his wife had exited the truck he was driving. She was killed when he accidentally ran over her. Vaughan argued that the state's evidence failed to show that his driving while intoxicated was the direct cause of Linda's death. Testimony from a highway patrolman indicated that while Vaughan may have been more aware of his surroundings if he were sober, Linda's death would have occurred regardless of his intoxication. The court examined whether the state had presented enough evidence to prove that the appellee's actions directly caused the victim's death. They found that the evidence showed Linda made the choice to leave the vehicle and that her death was caused by her own actions, not by the appellee's impaired driving. Because there was insufficient evidence to support the charge of DUI manslaughter, the court upheld the decision of the lower court, which had granted Vaughan's demurrer, meaning they did not find probable cause to believe a crime had been committed. In the end, the court affirmed the district court’s decision, concluding that the evidence was not strong enough to support the charge against Vaughan. The decision did not minimize the tragedy of the accident but emphasized the importance of concrete evidence in such cases.

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F-2006-352

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In OCCA case No. F-2006-352, Jerome Monroe appealed his conviction for First Degree Murder. In an unpublished decision, the court decided to affirm the judgment but reversed the sentence and sent the case back for resentencing. One judge dissented. Jerome Monroe was found guilty of killing his girlfriend, Ronda Doyle, on December 24, 2004. He shot her in the face while they were at home. Monroe claimed that the gun went off by accident while he was trying to unload it. After the shooting, he tried to hide the body and lied to family members about Doyle's whereabouts. The jury had the option to sentence Monroe to life in prison or life without the possibility of parole. He argued that the court should have instructed the jury about the rules regarding parole eligibility. The court later decided that such instructions should be given in these cases, making Monroe eligible for this benefit. Monroe also believed he should have received instructions on a lesser charge of second-degree manslaughter. The court found that while the evidence might support some form of manslaughter, Monroe had admitted to trying to handle the gun while intoxicated, which did not warrant a lesser charge. Regarding Monroe's actions after the shooting, the court explained that his attempts to cover up the crime could be seen as evidence of guilt. Although he wanted his lawyer to object to certain evidence, the court concluded there was no harm since the jury could rightly consider such actions. Monroe argued that his lawyer was not effective, claiming that the lawyer didn't use important information about a witness’s statement. However, the court found that even without the alleged mistakes, Monroe could not show that he was harmed by any of the lawyer's actions. Overall, the court concluded that the main issue in the case was the jury's instructions about the possibility of parole. They determined that the absence of instructions about the 85% rule could have affected the outcome and thus decided the case should be sent back for resentencing.

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F 2001-171

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In OCCA case No. F 2001-171, Emily Dowdy appealed her conviction for Manslaughter in the First Degree (DUI). In an unpublished decision, the court decided to reverse the conviction and remand for a new trial. One judge dissented. Emily Dowdy was found guilty of causing a death while driving under the influence of alcohol. Her trial took place in January 2001, and she was sentenced to 25 years in prison. After her conviction, she appealed, arguing ten different points about why her trial was unfair. First, she claimed that she should not have been tried again because of double jeopardy, which means a person cannot be tried for the same crime twice. However, the appellate court said that this was not the case here because the state did not purposefully try to get a mistrial. Second, Dowdy wanted to present a defense that she was involuntarily intoxicated, meaning she did not intend to be drunk, but the court ruled that she could not do this, which the appellate court found was a mistake. This mistake was very important and led to the decision to give her a new trial. The appellate court emphasized that everyone has the right to defend themselves and present their story in court, which Dowdy was not allowed to do. The other points raised by Dowdy, such as claims of unfair trial processes, bias from the judge, and other trial errors, were not addressed because the court believed that the preclusion of her intoxication defense was enough to warrant a new trial. In the end, the appellate court said Dowdy should have another opportunity to present her case to a jury where she could defend herself fully. The judge's decision not to allow her intoxication defense to be presented was seen as very serious and unfair, leading the court to reverse the earlier judgment and order a new trial.

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F-2000-1531

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In OCCA case No. F-2000-1531, Thomas Paul Richardson appealed his conviction for First Degree Manslaughter and Unlawful Possession of a Controlled Drug. In a published decision, the court decided to affirm most of the convictions but modified the sentence for the drug possession charge to ten years. One judge dissented. Richardson was tried by a jury, found guilty of both crimes, and received a life sentence for manslaughter, twenty years for drug possession, and a ten-day jail term for speeding. The sentences were to be served one after the other. He raised several arguments about his trial and sentencing, including claims that his rights were violated and that he was given an unfair sentence. The court reviewed his claims and agreed that he was incorrectly sentenced for the drug possession charge, as the maximum penalty should have been ten years, not twenty. However, the court found no significant problems with other aspects of the trial, including the admission of certain testimonies and the conduct of the prosecutor. They believed the errors did not change the outcome or harm Richardson's chances for a fair trial. Overall, the court decided to lessen Richardson’s drug sentence while keeping the other convictions intact.

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