Okla. Stat. tit. 22 § 979a(A)

C-2021-163

  • Post author:
  • Post category:C

In OCCA case No. C-2021-163, April Dawn Summers appealed her conviction for child abuse, child neglect, and enabling child abuse. In an unpublished decision, the court denied her appeal. One judge dissented. Summers was charged in Grady County with several serious offenses related to child abuse. She decided to plead guilty to these charges in December 2019. The judge accepted her plea but decided to wait to give her a sentence until a presentence investigation report was completed. In January 2021, after looking at evidence and hearing from lawyers, the judge sentenced Summers to fifty years in prison for each charge. However, she only had to serve twenty-five years, as the rest of her sentence was suspended. After sentencing, Summers wanted to change her guilty plea and claimed that she didn’t fully understand what she was doing when she pleaded guilty. She argued that her plea was not made knowingly or willingly, and she did not grasp the full consequences. She also said that she should not have to pay for the costs of her incarceration because of her mental health issues. The court reviewed her case and found that her plea was made voluntarily. They determined that she understood the charges and the risks of her guilty plea. Therefore, the court did not believe there was a reason to let her take back her plea. Regarding the costs of her incarceration, the court noted that Summers didn’t raise this issue when she tried to withdraw her plea. However, they acknowledged that her mental health might exempt her from such costs. Thus, they decided to investigate whether she is indeed considered mentally ill under the law, which could mean that she wouldn't have to pay. In summary, the court decided to keep her guilty plea in place, but they also said that it needs to be checked whether she qualifies as mentally ill to decide if she should be charged for her time in prison. The case was sent back to the lower court for further decisions on her mental health status.

Continue ReadingC-2021-163

C-2015-514

  • Post author:
  • Post category:C

In OCCA case No. C-2015-514, Hanks appealed his conviction for Domestic Abuse and Malicious Injury to Property. In an unpublished decision, the court decided to deny his appeal but remanded the case to determine if Hanks was mentally ill, which would affect the costs he was assessed. One judge dissented. Hanks had pleaded guilty to two counts of Domestic Abuse and one count of Malicious Injury to Property in a state court. The judge sentenced him to three months in jail for one charge and one year suspended for the other two. He was also required to pay fines and fees. After entering his plea, Hanks tried to withdraw it, claiming he did not understand what he was doing and that he had poor legal help. The court looked at whether Hanks had made his plea knowingly and voluntarily. They found that he understood what he was doing and that his mental issues did not prevent him from understanding his plea. The court also considered Hanks' claim that his lawyer did not help him properly during the process and found no evidence to support this. One important point in the decision focused on the costs Hanks had to pay related to his time in jail. The court noted that because he had a mental illness diagnosis, he might not have to pay these costs according to state law, which says that mentally ill people should be exempt from such fees. Because of this, the court sent the case back for further evaluation of Hanks' mental health status to see if he qualified for the exemption. Overall, the court upheld the original decision while allowing for further examination of Hanks' mental health to understand his financial obligations better.

Continue ReadingC-2015-514

F-2013-305

  • Post author:
  • Post category:F

In OCCA case No. F-2013-305, Lonnie Waylon Craighead appealed his conviction for endeavoring to manufacture methamphetamine. In an unpublished decision, the court decided to affirm Craighead's conviction and sentence. One judge dissented. Craighead was found guilty in a jury trial and sentenced to thirty years in prison with a $50,000 fine. He raised several complaints about his trial, including that the prosecution did not meet its burden of proof, his arrest was not lawful, and his rights were violated during questioning. He also claimed that the evidence against him was not strong enough, and he was not given fair representation by his lawyer. After reviewing the case, the court wrote that they did not see a problem with how the prosecution handled the case. They felt there was enough evidence for the jury to find Craighead guilty. The court believed the police had valid reasons for stopping and questioning him. They stated that Craighead had been informed of his rights before being interviewed and that he agreed to talk. The court also noted that while the prosecutor made a few mistakes, they did not harm Craighead’s right to a fair trial. The details of his previous crimes were shared, but it did not seem to affect the outcome of the trial. The jury also had enough evidence to verify that Craighead had prior felony convictions. Regarding the claim of ineffective help from his lawyer, the court decided that Craighead was not denied a good defense. They found that the sentence he received was not excessive, given the nature of his actions and past crimes. However, the court did find an issue with the jail fees Craighead was assessed after sentencing. These fees were not discussed during the trial, and Craighead was not given a chance to contest them. Therefore, the court sent the case back to the district court to address the jail fee situation. In summary, the court upheld Craighead’s conviction but revised the part about the jail fees, ordering a hearing for that matter.

Continue ReadingF-2013-305

C-2010-337

  • Post author:
  • Post category:C

In OCCA case No. C-2010-337, Derrick Ewayne Bickham appealed his conviction for felonious pointing of a firearm and being a felon in possession of a firearm. In an unpublished decision, the court decided to deny his appeal. One member dissented. Bickham entered no contest pleas for several charges in a District Court, resulting in a 20-year sentence for robbery and other related offenses. He argued that his pleas were made under coercion and did not reflect a clear understanding of the situation due to his mental health issues. However, the court found that Bickham entered his pleas knowingly and voluntarily, dismissing his claims of coercion. Additionally, Bickham contested that he should not have to pay for the costs related to his incarceration. The court ruled that he could challenge the cost calculation in a different court proceeding. The decision denied Bickham's petition but sent the case back to the District Court to assess if he was considered mentally ill, which could exempt him from incarceration costs.

Continue ReadingC-2010-337

RE 2009-0080

  • Post author:
  • Post category:RE

In OCCA case No. RE 2009-0080, Zachary Glenn Hayes appealed his conviction for Rape by Instrumentation. In an unpublished decision, the court decided to affirm the revocation of his suspended sentence but vacated the order requiring him to pay jail costs. One member of the court dissented.

Continue ReadingRE 2009-0080

F-2007-438

  • Post author:
  • Post category:F

In OCCA case No. F-2007-438, Gregory Lynn Bryant appealed his conviction for Lewd Molestation. In an unpublished decision, the court decided to affirm his conviction and sentence of six years imprisonment, while vacating the $2500 fine. One judge dissented. Bryant was found guilty of lewd molestation after a jury trial. He had previously faced charges of first-degree rape but was acquitted of that charge. The jury recommended Bryant receive a six-year prison sentence and a fine. Bryant then appealed the decision, listing several reasons for his appeal. He claimed that there were errors that affected his trial. First, he argued the prosecution suggested he had a history of similar misconduct, which he believed was unfair because there was no evidence to support that. Next, he argued that an expert witness's testimony was improperly allowed, which affected the truthfulness of a key witness for the state. Bryant also argued that he should receive credit for time he spent in county jail while waiting for his trial. He further believed that the jury was wrongly instructed about the fine they imposed and that the trial court did not follow proper procedures when jurors had questions. Lastly, he claimed that the trial judge was wrong to stop an expert from testifying about psychological tests he performed on him. After reviewing all the evidence, the court found no errors that would lead to overturning the conviction. The court decided the prosecution did not improperly suggest past crimes. They also stated the expert witness did not comment on the victim's truthfulness and that Bryant was not entitled to credit for time served. Regarding the fine, the court ruled the previous instructions to the jury were incorrect, which led to the fine being vacated. Furthermore, they noted that the rules for communication with jurors were not followed, but this did not harm Bryant's case. Lastly, they concluded that the expert testimony he wanted to present was not relevant to his guilt or innocence. Overall, the court upheld the conviction and confirmed the six-year prison sentence, while directing the trial court to reassess his jail fees.

Continue ReadingF-2007-438

F-2001-46

  • Post author:
  • Post category:F

In OCCA case No. F-2001-46, Harold Edward McHam appealed his conviction for Kidnapping and Indecent Proposal. In an unpublished decision, the court decided to reverse the conviction for Kidnapping and affirm the conviction for Indecent Proposal. One judge dissented regarding the Kidnapping conviction. Harold McHam was found guilty in a trial that took place from October 10 to October 12, 2000, in Choctaw County District Court. He was convicted of two charges: Kidnapping and Indecent Proposal. The jury sentenced him to one year in prison for each count, and the sentences were set to be served one after the other. The judge also ordered McHam to pay $1,000 in incarceration fees for his time spent in jail. McHam raised several concerns during his appeal. First, he argued that the incarceration fees imposed on him violated his rights because they were not calculated according to the law. The court found that the trial judge did not show how the $1,000 fee was determined, and whether it would create hardship for McHam and his family. Thus, the fees were removed and the case was sent back to the district court to handle the fees properly. Second, McHam claimed there was not enough evidence to prove he kidnapped anyone. The court agreed, stating that a key part of the kidnapping charge was not supported by enough proof. The court saw that the evidence didn’t clearly show that McHam meant to secretly keep anyone confined against their will. Therefore, his Kidnapping conviction was overturned. Finally, McHam also argued that the punishment he received was too harsh. However, this point did not need to be discussed because the Kidnapping conviction was already reversed. On the other hand, the court upheld the conviction for Indecent Proposal, stating that there was enough evidence for that charge. In summary, the court decided to dismiss the Kidnapping charge, keep the Indecent Proposal charge, and take another look at the fees McHam was ordered to pay.

Continue ReadingF-2001-46