F-2018-882
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F-2017-1189
In OCCA case No. F-2017-1189, Lawrence Raymond Silver, Jr. appealed his conviction for Solicitation for First Degree Murder. In a published decision, the court decided to affirm the judgment and sentence from the district court. One judge dissented. The case started when Silver was tried and found guilty of trying to get someone to commit murder. The jury decided he should go to prison for thirty-seven years. During the trial, Silver raised several issues on appeal. First, he argued that the prosecutor said some unfair things that hurt his chances for a fair trial. However, the court found that these comments were not serious enough to make the trial unfair, and there was no error. Silver also thought that he should not have received three years of supervision after leaving prison since the law said this only applied to specific crimes. The court agreed that there was an error, but the trial judge later fixed it, reducing the supervision time to nine months to a year. Because this was corrected, Silver did not need any more relief on this issue. Additionally, Silver claimed that his lawyer did not help him well enough during the trial. The court explained that to show his lawyer was ineffective, Silver needed to prove that if the lawyer had done better, the result of the trial would have been different. Since the court didn't find any of the previous claims valid, they decided that his lawyer's work couldn't be judged as ineffective. Finally, Silver said that even if no single issue mattered on its own, the overall mistakes during the trial combined to deny him a fair trial. The court ruled that without any valid individual mistakes, his claim for cumulative errors was groundless. In conclusion, the court upheld the original judgment and sentence against Silver, and his request for further testing of his lawyer's assistance was denied.
RE-2013-887
In OCCA case No. RE-2013-887, Collins appealed his conviction for Possession of Child Pornography. In an unpublished decision, the court decided to affirm the revocation of his suspended sentence but vacated the additional one year of post-imprisonment supervision. One judge dissented. Here's a brief summary of the case: Mark Stephen Collins was charged with having child pornography in 2010. He pleaded no contest and was given a five-year sentence, with a part of it suspended, meaning he wouldn’t have to serve it in prison if he followed certain rules. However, in 2013, he broke those rules in several ways, like failing drug tests, not attending counseling, and refusing to meet with his supervising officer. Because of this, the state asked to make him serve his whole sentence. During a hearing about the violations, the judge decided it was fair to revoke his suspended sentence because Collins had admitted to breaking the rules. Collins argued that the judge was too harsh in revoking his sentence and that his actions were due to his drug addiction. The court explained that it doesn’t have to be proven that all rules were broken, just that at least one was. Collins also believed that the judge should not have added a year of post-imprisonment supervision after revoking his sentence since it would be a longer punishment than what was originally given. The law allows a judge to require supervision after imprisonment, but the court found that the judge was not allowed to impose it in this situation because it was not part of Collins’ original sentence. In the end, the court agreed with most of the judge's decision to revoke the sentence due to the violations but took away the additional year of supervision because it was not permitted. The case was sent back to the lower court to issue a new order that matched the court's ruling.