Okla. Stat. tit. 22 § 1089.5 Archives

S-2018-1227

Post author:Staff
Post published:September 26, 2019
Post category:S

**IN THE COURT OF CRIMINAL APPEALS OF THE STATE OF OKLAHOMA** **THE STATE OF OKLAHOMA,** Appellant, **v.** **DAVID FLORES VILLANUEVA,** Appellee. **No. S-2018-1227** **NOT FOR PUBLICATION** **FILED** **IN COURT OF CRIMINAL APPEALS** **STATE OF OKLAHOMA** **SEP 26 2019** **JOHN D. HADDEN** **CLERK** --- **SUMMARY OPINION** LEWIS, PRESIDING JUDGE: On March 6, 2018, Defendant Villanueva was charged with one count of Burglary in the First Degree in Comanche County Case No. CF-2018-135. On November 7, 2018, a preliminary hearing was held before the Honorable Ken Harris, Special Judge. At that hearing, the State amended the information to include a charge of Conspiracy to Commit Burglary. Villanueva demurred to both charges; the demurrer to the burglary charge was overruled, while the conspiracy charge was granted. The State appealed this ruling under Rule 6.1 and 22 O.S.2011, § 1089.1. Judge Meaders, after reviewing the preliminary hearing transcript and hearing arguments from both sides, upheld the magistrate's decision. From this ruling, the State continued its appeal. The State's primary argument was that it was erroneous for the trial court to grant Villanueva's demurrer concerning the conspiracy charge. According to Rule 11.2(A)(4), this appeal was automatically assigned to the Accelerated Docket. The analysis considers whether there was sufficient evidence, viewed favorably towards the State, to find that a felony crime occurred and that Villanueva likely committed it. The Court must uphold the magistrate's ruling unless there was an abuse of discretion. The Court determined that no such abuse of discretion occurred in this instance. The decision to grant the demurrer concerning the conspiracy charge was not clearly erroneous or illogical based on the evidence presented. **DECISION** The order dismissing the conspiracy charge against Villanueva in Comanche County District Court Case No. CF-2018-135 is AFFIRMED. A MANDATE is ORDERED issued upon the delivery and filing of this decision, in accordance with Rule 3.15. --- **APPEARANCES AT TRIAL** **COUNSEL FOR STATE/APPELLANT** Kyle Cabelka, Assistant District Attorney Comanche County **COUNSEL FOR DEFENDANT/APPELLEE** Clay Hillis Lawton, OK --- **OPINION BY:** LEWIS, P.J. **CONCUR:** KUEHN, V.P.J.; LUMPKIN, J. **DISSENT:** HUDSON, J.; ROWLAND, J. --- **DISSENTING OPINION OF HUDSON, J.:** I align with Judge Rowland's dissent and wish to emphasize that the magistrate's decision did not adhere to the proper legal standard, which mandates that at a preliminary hearing, the State is not obliged to present evidence that would suffice for a conviction; rather, the standard is to establish probable cause. The preliminaries focus on whether there is enough evidence for a reasonable person to conclude that an agreement to commit a crime existed among the suspects. Based on the testimony, when two armed men and a female accomplice invade a home, demanding money while brandishing weapons, the magistrate should have inferred an agreement had taken place, viewing the facts favorably for the State. The evidential threshold should reflect that significant circumstantial evidence can imply conspiracy. My view is that the magistrate abused discretion by ruling there was insufficient evidence for conspiracy at the hearing's conclusion. The facts supporting the charge should have warranted a finding of probable cause as a reasonable inference could be drawn affirming an agreement among the accused parties. The ruling lacks justification against existing legal precedents. The magistrate's interpretation of the circumstances failed to consider the appropriate evidential standard and should be revised. I am authorized to state that Judge Hudson concurs with this dissent. --- For the official full text, [click here to download PDF](https://opinions.wirthlawoffice.com/wp-content/uploads/S-2018-1227_1734274980.pdf).

S-2018-950

Post author:Staff
Post published:April 4, 2019
Post category:S

**IN THE COURT OF CRIMINAL APPEALS OF THE STATE OF OKLAHOMA** **THE STATE OF OKLAHOMA, Appellant,** **V.** **JERRY LEE NILES, JR., Appellee.** **No. S-2018-950** **NOT FOR PUBLICATION** **FILED IN COURT OF CRIMINAL APPEALS STATE OF OKLAHOMA APR - 4 2019** **SUMMARY OPINION** **KUEHN, VICE PRESIDING JUDGE:** The State of Oklahoma appeals from an order affirming a ruling that sustained Jerry Lee Niles, Jr.'s demurrer to the evidence and motion to dismiss charges of Manslaughter in the First Degree. This appeal arises from the death of inmate Anthony Dewayne Huff, who died after being restrained for over fifty hours in the Garfield County Jail. **FACTUAL BACKGROUND** On June 8, 2016, Inmate Huff died in the Garfield County Jail while strapped in a restraint chair, prompting charges against Sheriff Niles and three co-defendants for manslaughter in the first degree, based on alleged misdemeanors of cruelty to prisoners and sheriff or jailer neglect. Judge Ryan D. Reddick granted Niles's demurrer, stating the evidence failed to demonstrate probable cause for either misdemeanor or a causal link to Huff's death. **REVIEWING JUDGE'S FINDINGS** Judge Jill C. Weedon, upon reviewing the preliminary hearing transcripts, found that although jail protocols were violated, Sheriff Niles was not personally involved in the events leading to Inmate Huff's death and had policies in place. The medical examiner determined that the cause of death was related to chronic alcoholism, not directly attributable to Niles's actions. **ISSUES PRESENTED BY THE STATE** 1. Whether sufficient evidence was presented to establish probable cause for the underlying misdemeanors. 2. Whether there was sufficient causation between Niles's alleged misdemeanors and Huff's death. 3. Whether there was probable cause for indicting Niles on the charge of Manslaughter in the Second Degree. **COURT ANALYSIS** The purpose of a preliminary hearing is to establish probable cause that a crime was committed and that the defendant likely committed it. The court must view evidence in favor of the state and ascertain if all elements of the crimes are sufficiently met. Here, the evidence did not support a conclusion that Niles engaged in misconduct that led to Huff's death. **DECISION** The repeated affirmations from both Judge Reddick and Judge Weedon regarding the insufficiency of the evidence concerning probable cause indicate no abuse of discretion. Thus, we AFFIRM the ruling of the District Court of Garfield County sustaining the magistrate's decision dismissing the charges. **CONCURRING OPINION BY HUDSON, J.:** While the court did not find criminal liability here, the circumstances surrounding the case are troubling. The death of an inmate, particularly under such inhumane conditions, raises serious moral questions. Although this ruling does not exonerate the sheriff or absolve oversight responsibility, any potential civil liabilities will fall upon taxpayers, which is an unfortunate outcome of this case. **COUNSEL:** For the State: Christopher M. Boring For Appellee: Gary J. James **END OF DOCUMENT**

S-2011-0801

Post author:Staff
Post published:March 26, 2012
Post category:S

In OCCA case No. S 2011-0801, the State of Oklahoma appealed the conviction of Wendel Hughes for preventing a witness from giving testimony, use of a firearm while committing a felony, and false reports of crime. In an unpublished decision, the court decided to affirm the lower court's ruling that dismissed the charges of preventing a witness from testifying and use of a firearm while committing a felony. One judge dissented. Wendel Hughes was charged in Sequoyah County with three serious offenses. During the preliminary hearing, the magistrate determined that there wasn't enough evidence to support the charges of preventing a witness from giving testimony or using a firearm during a felony. The State thought this decision was wrong and appealed the ruling. The purpose of the preliminary hearing is to see if there is likely enough evidence to believe that a crime happened and that the accused person committed it. The court reviewed the case to check if the lower court made a mistake in its decision. They found that the evidence the State provided was not strong enough to show that Hughes committed the crimes. So, they decided not to change the ruling of the lower court. The court affirmed the dismissal of the two counts against Hughes, meaning they agreed with the previous decision. The judge who disagreed with the majority opinion thought that the evidence should have been enough to go to trial. He argued that the evidence suggested Hughes had intentions to stop the witness from providing testimony and that a jury should decide if he was guilty based on all the facts of the case. In summary, Hughes's charges were dismissed because the courts did not find enough evidence of his wrongdoing based on the information presented during the preliminary hearing.

S 2011-0024

Post author:Staff
Post published:October 17, 2011
Post category:S

In OCCA case No. S 2011-0024, Joel Christion Aranda appealed his conviction for multiple charges including Use of a Vehicle in Discharge of a Weapon and Assault and Battery with a Dangerous Weapon. In an unpublished decision, the court decided to affirm the lower court's ruling, which had dismissed several counts against Aranda. One judge dissented, believing there was enough evidence to proceed with some of the charges.

S 2011-0023

Post author:Staff
Post published:October 17, 2011
Post category:S

In OCCA case No. S 2011-0023, David Franco appealed his conviction for several charges related to using a vehicle in the discharge of a weapon, assault and battery with a dangerous weapon, feloniously pointing a firearm, and other related charges. In an unpublished decision, the court decided to affirm the ruling that dismissed some of the charges against him. One judge dissented.