In OCCA case No. F-2004-146, Luke Sinclair appealed his conviction for Murder in the First Degree. In an unpublished decision, the court decided that his conviction would be upheld, but he would be resentenced. One judge dissented. Luke Sinclair was found guilty of murdering James Robbins by shooting him four times in the chest. The incident happened in the early hours after Sinclair and his friends had been drinking at a bar. Robbins, a retired Army veteran, approached Sinclair and his friends in the parking lot, trying to engage them in conversation. Sinclair and his friends found Robbins to be strange and made dismissive comments. Sinclair even jokingly suggested that Robbins should be shot. Believing they were joking, Sinclair's friends egged him on when he drove after Robbins, blocked his van, and then shot him. After the shooting, Sinclair instructed his friends to keep quiet about the incident. Sinclair admitted on appeal that the evidence against him was strong and that he was guilty. Sinclair raised several issues in his appeal, particularly concerning the sentencing process. He argued that he should have been allowed to present evidence about his character during sentencing and that his lawyer did not provide effective representation. The court found these claims unpersuasive, noting that the evidence of guilt was overwhelming and suggesting that presenting this character evidence could have hurt Sinclair's case more than helped it. One of the significant points in Sinclair’s appeal related to whether the jury was instructed about the state law that required defendants convicted of murder to serve 85% of their sentences before being eligible for parole. Sinclair argued that jurors mistakenly believed a life sentence meant he could be released after a few years. The court agreed with Sinclair regarding the instructions on the 85% rule, so they decided to reverse the sentence and remand the case for resentencing. Additionally, Sinclair complained about the prosecutor's arguments in closing that he was a dangerous man lacking conscience, which were not supported by the evidence. The court found that the prosecutor's statements were problematic and influenced the jury in reaching their sentencing decision. In conclusion, while Sinclair's conviction remained intact, the court ruled that he should be resentenced due to the errors in the jury instructions and the inappropriate comments made during his trial.
