Okla. Stat. tit. 22 § 1085 Archives

F-2017-950

Post author:Staff
Post published:February 7, 2019
Post category:F

In OCCA case No. F-2017-950, Terry Lyn Elkins appealed his conviction for Possession of Methamphetamine and Resisting an Officer. In an unpublished decision, the court decided to affirm the convictions but remand for resentencing on the possession count. One judge dissented. Terry Lyn Elkins was found guilty by a jury for having methamphetamine and for resisting a police officer. He was sentenced to 40 years in prison for the drug charge and fined $500 for resisting the officer. The jury did not find him guilty of assaulting a police officer. Elkins argued that the trial was unfair because the jury saw evidence that was not relevant to his case, which might have affected their decision about his punishment. The evidence included a document from the Department of Corrections that had many details about Elkins’ past, including other crimes he committed many years ago. Some of this information was not needed for the current case and could have made the jury think more negatively about him. The judges decided that while the evidence showing Elkins’ past convictions was correctly used, parts of the additional information were not relevant and should not have been presented to the jury. They believed that this extra information could have influenced how the jury decided on the punishment. Therefore, they decided to keep the convictions as is, but send the case back to lower court for a new review of his punishment for the meth charge. In a separate opinion, a judge agreed with keeping the conviction but believed that sending the case back for resentencing was not necessary since Elkins did not receive the maximum punishment possible.

F-2002-1561

Post author:Staff
Post published:September 25, 2003
Post category:F

In OCCA case No. F-2002-1561, Joe Edward Stratmoen appealed his conviction for Unlawful Possession of a Dangerous Drug and Possession of a Weapon While Committing a Felony. In an unpublished decision, the court decided to affirm the life sentence for the drug charge but modified the sentence for the weapons charge to two years. One judge dissented. Stratmoen was found guilty of having methamphetamine and a weapon during a crime. He was originally sentenced to a long prison term. However, he argued that he did not agree to a key part of his sentencing, which led to a re-sentencing trial being ordered. At this new trial, the jury decided he should have a life sentence for the drug charge and a ten-year sentence for the weapon charge. Stratmoen’s appeal brought up several points. He said the court shouldn’t have let a jury re-sentence him just for this non-death penalty case. He also argued that he never truly agreed to his earlier convictions being used against him before. Stratmoen claimed that testimony from police officers during his trial was unfair and that the way the prosecutor spoke about parole led to a wrong verdict. Lastly, he felt that a life sentence for having drugs was too harsh for his situation. After looking at everything, the court thought that Stratmoen's sentence for possessing a weapon should be reduced to two years since it couldn’t be increased further. They agreed that the trial court was right in letting a jury examine whether he had prior convictions but pointed out that they had to correct some details about his life sentence, making sure it indicated he could be eligible for parole. In conclusion, while his life sentence was upheld, it was important to ensure that the legal documents accurately reflected the possibility of parole, providing him with a fair opportunity for the future.

F 2000-321

Post author:Staff
Post published:July 15, 2003
Post category:F

In OCCA case No. F 2000-321, Lourinda (Givens) Leggett appealed her conviction for First Degree Manslaughter. In an unpublished decision, the court decided to reverse her conviction and remand the case for a new trial. One judge dissented. Lourinda (Givens) Leggett was found guilty of First Degree Manslaughter by a jury. She was given a 28-year prison sentence, with 15 years suspended. Afterward, she filed a motion for a new trial, which was denied. On appeal, she raised two main errors. First, she argued that her lawyer should have presented evidence about battered woman syndrome, which could have helped her defense. Second, she claimed that the jury received confusing instructions regarding different defenses, which affected the trial's fairness. The court looked carefully at the case, including records and arguments from both sides. They agreed with Lourinda that her lawyer’s decision not to call an expert on battered woman syndrome was not a good choice and had negatively affected her defense. They believed that this choice made it hard to trust the jury's decision. Therefore, they reversed the trial court's decision and ordered a new trial. Since the court found merit in the first point raised by Lourinda, they didn't need to address the second error she mentioned. The court’s decision meant that Lourinda would get another chance in court to present her case.