Okla. Stat. tit. 22 § 742

F-2018-136

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In OCCA case No. F-2018-136, Michael Emmanuel Ishman appealed his conviction for Murder in the First Degree, Robbery with a Dangerous Weapon, and Possession of a Firearm After Former Felony Conviction. In an unpublished decision, the court decided to affirm Ishman's conviction and sentencing. One judge dissented. The case involved Ishman who was trialed and convicted by a jury. He was sentenced to life imprisonment with the possibility of parole for each count, with all sentences running consecutively. Ishman raised several arguments in his appeal regarding the evidence presented, jury instructions, and the conduct of his trial. The court found that the evidence was sufficient to support the conviction for robbery and determined that the witness's corroboration was not required as she was not considered an accomplice. The court also addressed claims of instructional errors regarding the punishment range for firearm possession, finding that the errors were harmless because the jury recommended the maximum sentence. Moreover, the court dismissed claims about the introduction of evidence of other bad acts and the failure to instruct the jury on lesser offenses. The court determined that defense counsel performed adequately, stating that there was no evidence that any of the claimed errors affected the trial's outcome. The court summarized that the jury's recommendation of life sentences was appropriate given the circumstances of the case, and affirmed all judgments made by the trial court. Overall, the court did not find sufficient grounds for relief based on Ishman's claims and decided to uphold the conviction and sentencing.

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F-2018-119

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In OCCA case No. F-2018-119, Arthur Tequon Hill, Jr. appealed his conviction for Robbery with a Firearm, Kidnapping, and Gang Association. In an unpublished decision, the court decided to affirm the judgment and sentence. No one dissented. Arthur Tequon Hill, Jr. was found guilty by a jury for several serious crimes. The jury decided he should go to prison for 25 years for robbery, 20 years for kidnapping, and 5 years for gang association. The court said he must serve these sentences one after the other. Hill made several arguments in his appeal. First, he suggested that there wasn’t enough evidence to support his conviction and that the case should be dismissed. However, the court found that there was enough evidence for a reasonable person to believe he was guilty, so this argument was rejected. Second, Hill argued that the court should not have allowed the jury to hear about other robberies he was involved in just days before this crime. The court ruled that this evidence was permissible because it showed similarities between the robberies and helped prove his identity in this case. Third, he claimed the court made a mistake by letting the jury separate after they finished hearing the case, which he said could lead to unfair influence. The State agreed this was an error but said it wasn't harmful. The court concluded the jurors followed instructions not to talk about the case while they were apart, so this did not harm Hill’s case. Lastly, Hill argued that evidence about his gang membership was presented in a way that was too unfair and made his trial less fair. The court disagreed and stated that the evidence was important to the case. They believed it helped confirm his involvement in the robbery. In the end, the court found no reasons to change Hill's conviction or punishment. The decision to affirm his sentencing was based on thorough review of all the points made in his appeal and the evidence presented during the trial.

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F-2015-937

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In OCCA case No. F-2015-937, Isaiah Jamil Walker appealed his conviction for first-degree felony murder, robbery, burglary, and possession of a firearm. In an unpublished decision, the court decided to affirm his convictions for first-degree felony murder, robbery, and possession of a firearm, but reversed the burglary conviction with instructions to dismiss. One member dissented. The case involved a jury trial where Walker was convicted of serious crimes after the jury found him guilty of all charges against him. The jury recommended severe penalties, including life imprisonment for the murder charge and additional years for the other charges. Walker raised multiple issues on appeal, claiming that the evidence was not strong enough to support his convictions and that his rights were violated during the trial. The court reviewed each of Walker's arguments carefully. It found that there was enough evidence to support his conviction for felony murder because the facts of the case showed he committed a burglary that led to the murder. They also believed the testimony from witnesses was sufficient to corroborate the co-defendants' accounts of the crimes. However, the court agreed with Walker's argument regarding double jeopardy. Since his felony murder charge was based on the burglary charge, convicting him of both was legally incorrect. Therefore, the burglary conviction was reversed and dismissed. In terms of the other claims Walker made, the court denied them, explaining that the trial was conducted fairly and following legal standards. The court mentioned that for some issues, like failing to instruct the jury on lesser offenses, Walker had not requested those instructions at his trial, so he could not raise that problem on appeal. Overall, the court concluded that most of Walker's convictions were valid and decided to uphold them while correcting the double jeopardy issue by dismissing the burglary charge.

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F-2015-155

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In OCCA case No. F-2015-155, Sauter appealed his conviction for robbery with a firearm and burglary in the first degree. In a published decision, the court decided to reverse the conviction due to insufficient evidence. One judge dissented. Sauter was found guilty by a jury in the District Court of Nowata County and was sentenced to a total of forty-seven years in prison along with fines. The evidence presented during the trial primarily came from two accomplices, Welsh and Fulcher. Sauter argued that since these accomplices’ testimonies were not supported by independent evidence, his convictions should not stand. The court explained that under Oklahoma law, the testimony of an accomplice cannot solely support a conviction unless there is other evidence that connects the defendant to the crime. The court found that while there was evidence linking Sauter’s vehicle to the crimes, there was no evidence that directly implicated Sauter himself. Since the only evidence against Sauter came from the testimonies of Welsh and Fulcher, which lacked corroboration, the court had to reverse the convictions. The dissenting judge felt there was enough independent evidence connecting Sauter to the crimes, particularly the fact that Sauter's car was used and that he had been seen driving it shortly before the home invasion. This judge believed that the jury could conclude Sauter was complicit in the robbery and burglary based on the evidence presented.

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F-2011-509

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In OCCA case No. F-2011-509, Mark Anthony Clayborne appealed his conviction for Perjury by Subornation and Allowing the Production of a False Exhibit. In an unpublished decision, the court decided to affirm the conviction for Perjury by Subornation but reversed the conviction for Allowing the Production of a False Exhibit. One judge dissented. Clayborne, a lawyer, represented a defendant accused of selling drugs. During the trial, he presented a video as evidence showing his client was in Mexico at the time of the alleged crime. However, a forensic video analyst testified that the date stamp on the video was altered. As a result, Clayborne was charged with subornation of perjury for allowing false evidence and for producing a false exhibit. Throughout his appeal, Clayborne raised several issues. He argued that the trial court made errors by improperly answering jury questions, violating his rights due to prosecutorial misconduct, and mishandling evidence. He also contended that certain jury instructions were incorrect, particularly a lack of clear mention of required knowledge of the false exhibit. The court ruled that while there was an error regarding jury instructions, it was not enough to require a reversal of the conviction for subornation of perjury because the outcome was still supported by strong evidence. However, they found that the trial court erred in how they handled the issues related to the false exhibit, leading to that conviction being overturned. The decision covered various claims of error including jury questions, prosecutorial misconduct during closing arguments, and evidence issues. Ultimately, the court decided to keep one conviction while reversing the other due to significant procedural concerns.

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F-2006-68

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In OCCA case No. F-2006-68, Gregory Scott Thompson appealed his conviction for First Degree Felony Murder. In an unpublished decision, the court decided to affirm the conviction but modified the sentence from life without the possibility of parole to life imprisonment. One judge dissented. ### Summary of the Case Gregory Scott Thompson was found guilty of First Degree Felony Murder after being involved in an attempted robbery that led to the death of Jerry McQuin. The events occurred on November 18, 2003, when Randy Davis and Clifford Hamilton went to Laquita Stevenson’s house. Tensions rose between Davis and McQuin, who was living with Stevenson at the time. Thompson, along with Gatewood, arrived after Davis called him over. When McQuin returned home, Thompson and Gatewood armed with guns demanded McQuin's car keys. McQuin was forced outside where he was shot after a brief confrontation about the keys. Stevenson, still inside, heard the commotion and eventually the gunshots that killed McQuin. Although no one directly saw Thompson shoot McQuin, evidence showed he was actively involved in the robbery attempt that resulted in McQuin's death. ### Court Opinions The court addressed several key legal arguments presented by Thompson: 1. **Exclusion of Evidence**: Thompson argued that the trial court should have allowed evidence that McQuin had drugs and money, which could suggest a drug deal gone wrong. The court ruled that this evidence didn’t sufficiently connect another person to the crime and would risk confusing the jury. 2. **Cross-Examination Limitations**: Thompson claimed his rights were violated when the court limited his lawyer's ability to cross-examine witnesses. The court found that the trial judge exercised discretion within reasonable limits. 3. **Custodial Statements**: Thompson contended that his rights were violated when his statements made after invoking his right to counsel were allowed into evidence. The court found that he did not clearly assert his right to counsel at the time and therefore the statements were admissible. 4. **Sufficiency of Evidence**: Thompson maintained that there was not enough evidence to convict him since no one saw him shoot McQuin. The court found that the evidence was sufficient to show he was an active participant in the attempted robbery, thus affirming the conviction. 5. **Sentencing Issues**: Thompson challenged various sentencing procedures, including that the trial was improperly bifurcated and that he was not correctly informed about his eligibility for parole. The court acknowledged these errors and modified the sentence accordingly. 6. **Ineffective Assistance of Counsel**: Thompson argued that his attorney failed to effectively represent him in several respects. The court ruled that these claims did not demonstrate a significant chance that the outcome would have been different. Both the prosecution's case and Thompson's defense contributed to the complex nature of the trial. Ultimately, while his conviction was upheld, the errors in sentencing led to a modification of his sentence to life with the possibility of parole.

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F 2005-41

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In OCCA case No. F 2005-41, James Nye appealed his conviction for Manufacture or Attempted Manufacture of a Controlled Dangerous Substance (Methamphetamine). In an unpublished decision, the court decided to affirm his conviction but modify his sentence. One judge dissented. James Nye was found guilty by a jury in a district court in Grady County. The jury decided he should go to prison for sixty years for his crime. After the trial, Nye believed there were problems that made his trial unfair, so he appealed the decision. He raised six main reasons for his appeal: 1. He said there wasn't enough good evidence to prove he did the crime based on what his co-defendant said. 2. He thought the court made mistakes by allowing too much evidence that helped the co-defendant's story without being necessary. 3. He claimed that the people working for the state did things that were unfair and made the jury give him a harsher sentence. 4. He felt that some evidence presented was not related to the case and led to a higher sentence than it should have been. 5. He argued that the sentence he got was too harsh. 6. Finally, he believed that all these problems combined made the trial not fair. After looking at the evidence and the reasons presented by Nye, the court agreed that his conviction should not be changed because there was enough evidence to support the decision. However, they also found that there were issues in the trial that affected his sentence. The court recognized that while some mistakes were made, they ultimately did not affect the conviction itself. The court highlighted that the prosecutor said things that should not have been said and presented evidence that was prejudicial. The judge noted that bringing up Nye’s past in court and how long he spent in jail might have made the jury unfairly biased against him. Because of these mistakes and the belief that the original sentence was excessive, the court changed the sentence from sixty years to a new sentence of twenty years. The judges felt that this new sentence was a fairer punishment for the crime Nye committed. One judge disagreed with the amount the sentence was lowered to, suggesting it should be reduced to thirty-five years instead. In summary, James Nye's conviction is upheld, but he will now serve twenty years in prison instead of sixty because of errors made in the trial.

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J-2003-1180

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In OCCA case No. J-2003-1180, T.C.S. appealed his conviction for second-degree burglary. In an unpublished decision, the court decided to reverse the District Court's decision and remand the case for a new trial. One judge dissented. T.C.S. was found to be delinquent after a hearing where he was accused of committing burglary when he was 16 years old. The court looked at evidence and decided that the testimony from an accomplice needed to be supported by more evidence to connect T.C.S. to the crime. Since the only supporting evidence showed that T.C.S. was in the same place as the accomplice later that night, it was not enough to prove he committed the burglary. The judges agreed that for a conviction based on an accomplice's testimony, there must be more proof that ties the defendant to the crime. As such, since this was not met, the judges reversed the earlier decision and said T.C.S. deserves a new trial.

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