Okla. Stat. tit. 22 § 982(D) Archives

F-2015-909

Post author:Staff
Post published:October 19, 2017
Post category:F

In OCCA case No. F-2015-909, Ricky Nolan Ennis appealed his conviction for multiple offenses. In a published decision, the court decided to affirm the convictions but vacated the restitution order and remanded the case for a proper determination of the victim's loss. Ricky Nolan Ennis pled guilty to burglary and domestic assault and battery, with sentencing delayed so he could complete a rehabilitation program. After he completed the program, the court agreed to delay his sentencing for five years. However, later on, the State alleged he violated his probation by committing new crimes. He was tried by jury for these new charges and found not guilty of kidnapping but guilty of assault and battery with a dangerous weapon, assault and battery in the presence of a minor, and threatening violence. The jury recommended various sentences, which the judge followed along with increasing his sentences from the earlier cases due to probation violations. Ennis raised several arguments in his appeal, questioning whether he was properly advised about his right to appeal, claiming he did not plead to the new charges, and arguing that the trial judge considered irrelevant information and that the evidence against him was unfairly prejudicial. Ennis also claimed his attorney did not represent him effectively, that the prosecutor misbehaved, and that the sentences he received were excessive. After a thorough review, the court found Ennis's complaints about not being advised on the right to appeal and other issues did not warrant relief. They noted that he did not raise many of these issues in a timely manner and that most of his claims did not show he was denied a fair trial. However, the court did find an error in how restitution was determined, as there was not enough evidence to justify the amount ordered. Ultimately, the court’s decision affirmed Ennis’s convictions but also required the case to return to the lower court to correctly handle the victim's restitution claim.

F-2014-698

Post author:Staff
Post published:October 28, 2015
Post category:F

In OCCA case No. F-2014-698, Weimer appealed his conviction for First Degree Murder (Child Abuse). In a published decision, the court decided to affirm the conviction and sentence but vacated the order of restitution. One judge dissented. Weimer was found guilty after a jury trial in Comanche County and was sentenced to life in prison. He also had to pay restitution of $6,395. During his appeal, Weimer claimed several issues. He argued that evidence from the Medical Examiner's office was not valid because the office was not accredited. He also said that he could not present his defense properly and that he could not confront the witnesses effectively. Another issue was his complaints about gruesome photos shown during the trial, saying they made the trial unfair. Weimer's defense team also argued that not letting the jury visit the crime scene was unfair and that the restitution amount was not backed by real evidence. Lastly, he expressed that the total mistakes during the trial made the whole process unfair. The court reviewed each of Weimer's points. They decided that even though the Medical Examiner's office was not accredited, it did not make the evidence inadmissible. They also ruled that Weimer was able to defend himself properly and that he was not unfairly restricted in doing so. The court allowed the autopsy photos because they were relevant to the case. Regarding the jury's visit to the crime scene, the court agreed with the trial judge that it was not necessary. On restitution, the court found the trial judge had not given a clear basis for the restitution amount, which led to the decision to vacate the order and send it back to the lower court for further evaluation of the actual loss. In the end, the court found no errors in the trial that would require a new trial. Therefore, they affirmed Weimer's conviction but sent the case back for more work on the restitution amount because there wasn't enough evidence to support it. One judge disagreed with part of the ruling about the Medical Examiner’s office not being accredited but agreed with the final result of the decision.

F-2011-693

Post author:Staff
Post published:July 9, 2013
Post category:F

In OCCA case No. F-2011-693, Michael Wayne Dorsey appealed his conviction for Manslaughter in the First Degree and Shooting with Intent to Kill. In a published decision, the court decided to affirm Dorsey's conviction and his sentences but vacated the $5,000 victim compensation assessment set by the trial court. One member of the court dissented. Dorsey was found guilty by a jury of manslaughter and shooting with intent to kill. The jury decided on a punishment of thirty years for manslaughter and five years for the shooting charge, which would be served one after the other. Dorsey argued that he should have been allowed to use self-defense as a reason for both charges, but the court found that the instructions given to the jury were correct. Dorsey also claimed that the trial judge made an error with jury instructions regarding self-defense and intoxication, but the court disagreed. He further asserted that his lawyer was not effective because there was no objection raised to those jury instructions, but the court ruled that there was nothing wrong with the instructions in the first place. Lastly, Dorsey objected to the judge imposing the victim compensation amount without considering several important factors. The court agreed that the judge did not properly assess the situation and sent the case back to the trial court for a new decision on the compensation amount. Thus, the main outcome was that while Dorsey's conviction was upheld, the court required a reconsideration of the victim compensation assessment based on certain statutory factors outlined in the law.

C-2003-31

Post author:Staff
Post published:November 7, 2003
Post category:C

In OCCA case No. C-2003-31, Nemol Joe Fox appealed his conviction for Driving Under the Influence of Intoxicating Liquor, Second or Subsequent Offense, and misdemeanor Driving Under Revocation. In a published decision, the court decided to grant the petition for a writ of certiorari. One judge dissented. Mr. Fox entered a plea of nolo contendere, which means he did not admit guilt but accepted the punishment. He was sentenced to ten years imprisonment, with five years suspended, plus fines for both charges. He later asked to withdraw his plea, saying he didn’t fully understand what he was agreeing to. The court found that Mr. Fox was not properly advised about the option of treatment for his drinking problem, which is allowed under the law for such cases. Because of this, the court decided that his plea should be allowed to be withdrawn. The original sentence was reversed, and Mr. Fox was granted another chance to address these issues. One judge disagreed, stating that the trial court likely considered all options, including treatment, when deciding on the sentence. The dissenting judge felt that Mr. Fox should not get to change his plea because he and his lawyer had not raised this issue earlier in court. Overall, the main decision was that Mr. Fox did not get the fair chance he should have had to understand his options, specifically regarding treatment for his alcohol issues.