Okla. Stat. tit. 22 § 1089.3 Archives

S-2009-944

Post author:Staff
Post published:October 28, 2010
Post category:S

In OCCA case No. S-2009-944, the defendant appealed his conviction for Failure to Register as a Sex Offender. In an unpublished decision, the court decided to uphold the lower court's ruling that the amendments to the Sex Offender Registration Act did not apply to the defendant. A dissenting opinion was not stated. The case involved the defendant, who was previously charged under the Sex Offender Registration Act. The key question was whether later amendments to the law should apply to him or not, given that he had entered a plea in 1999 and had complied with the previous legal conditions. The magistrate in the lower court determined that the law changes would be unfair to apply retroactively in the defendant's case. The court explained that new laws usually apply to future actions unless they are explicitly stated to have retroactive effects. They found no clear indication in the legislature's changes to imply that the new requirements should apply to those who had already been sentenced under the old rules. The court confirmed that since the amendments would change the defendant's obligations significantly, these substantive changes should not apply to him. As a result, the decision maintained that the lower court's refusal to move forward on the charge against the defendant could stand, with the matter being sent back to the District Court for any further actions needed, while affirming that the defendant was correct in his assertion that the recent amendments did not apply to him.

S-2009-567

Post author:Staff
Post published:May 11, 2010
Post category:S

In OCCA case No. S-2009-567, the appellant appealed his conviction for possession of methamphetamine with intent to distribute and possession of drug paraphernalia. In an unpublished decision, the court decided to affirm the district court's order suppressing certain evidence. One judge dissented. Charles Stephens was arrested after police searched his apartment and found illegal drugs. He asked the court to remove the evidence from the case, saying the police had not followed the law when they obtained it. Initially, a lower court agreed to suppress some of the evidence but allowed some to remain. The State, unhappy with this decision, did not properly challenge the ruling. Later, another judge looked at the case and agreed that since the State did not appeal the initial ruling, they had to follow it. The judge then decided that the evidence not suppressed was also obtained through illegal means and thus had to be removed from consideration in the trial. The State argued against this decision, claiming the suppression ruling was wrong and that the defendant did not have a right to claim ownership of some of the evidence. However, the higher court, after reviewing the case, found that the lower court was correct in its rulings. The final decision was to keep the evidence suppressed, meaning it could not be used against the appellant in court.

F-2001-503

Post author:Staff
Post published:July 3, 2002
Post category:F

In OCCA case No. F-2001-503, Derrick L. Jethroe appealed his conviction for Robbery with a Firearm. In an unpublished decision, the court decided to affirm his conviction but modify his sentence to twenty years imprisonment. One judge dissented.