Okla. Stat. tit. 22 § 921 Archives

F-2017-902

Post author:Staff
Post published:November 15, 2018
Post category:F

In OCCA case No. F-2017-902, Kaylin Mixon appealed his conviction for Second Degree Depraved Mind Murder. In an unpublished decision, the court decided to affirm the conviction and uphold the sentence. One judge dissented. Kaylin Mixon was found guilty by a jury and was sentenced to 30 years in prison, along with a $100 fine. Mixon argued that his trial was unfair for three reasons. First, he believed that the jury should have been individually asked about their verdict to ensure all members agreed. However, the court found that since no one complained during the trial, there was no clear error. They determined that the jury's agreement was evident enough without needing to poll each member individually. Second, Mixon contended that photos from the autopsy shown at trial were too upsetting and should not have been allowed as evidence, claiming they were not necessary since the cause of death was not disputed. The court ruled that the photos were relevant to the case and helped to explain the details of the crime, so the inclusion of the photos did not unfairly influence the jury. Lastly, Mixon challenged the $100 fine imposed by the judge, arguing that it wasn’t proper since the law didn’t specifically mention a fine for his type of conviction. However, the court referenced past rulings that allowed judges to impose fines in felony cases, concluding that the fine was valid. After reviewing these issues, the court found no substantial errors that would warrant a new trial or change in the sentence. Therefore, they affirmed the original decision and the appeal was denied.

F 2003-1084

Post author:Staff
Post published:October 3, 2005
Post category:F

In OCCA case No. F 2003-1084, #1 appealed his conviction for #2. In an unpublished decision, the court decided #3. #4 dissented. In this case, Darrell Robert Johnson was found guilty of trafficking illegal drugs and unlawful possession of drug paraphernalia. The jury gave him a life sentence without the chance for parole for the first charge, and a fine for the second charge. He was unhappy with the way the trial went and believed mistakes were made that affected the outcome. One of the key mistakes he pointed out was that the jury had trouble reaching a unanimous decision. During their discussions, it became clear that one juror was not convinced of Johnson's guilt. The juror felt pressured by the others to change his mind, which made the situation problematic and unfair. This juror expressed confusion about the deliberation process in notes to the judge, which should have led to clearer instructions being given. The judge talked to the jurors about what deliberation meant but did not provide the specific charge that addresses situations where juries are stuck. This is typically done to ensure jurors understand they shouldn't feel forced to give in just to agree and go home. After discussing their options, the jury still couldn't agree, and the judge sent them back to deliberate further without giving a proper instruction. Eventually, the jury reached a verdict, but one juror said it wasn’t his honest opinion that the defendant was guilty. The judge had to decide if they could accept that verdict or if they needed to keep discussing. The court found that sending the jury back without the proper instruction was a mistake that affected Johnson's right to a fair trial. It was determined that the pressure on the juror likely influenced his decision to agree with the group. In the end, the court decided that because the jury had not been properly instructed, Darrell's convictions should be reversed. The case was sent back for a new trial. This means that the mistakes made during the trial could not be allowed to stand, and Darrell Johnson deserved another chance to prove his side in court. The judges had differing opinions on this decision, with some agreeing and some disagreeing on whether the trial was managed correctly. One judge believed that the trial judge handled the situation well and didn’t see a reason to reverse the ruling. However, the majority of the court found the errors significant enough to require a new trial.