In OCCA case No. F-2010-548, the appellant appealed his conviction for multiple charges including unlawful possession of a firearm and drugs. In an unpublished decision, the court decided to reverse the conviction and remand for a new trial, finding that the trial court failed to properly inform the appellant about the dangers of representing himself. One judge dissented.
In OCCA case No. F-2010-914, Burdex appealed his conviction for uttering a forged instrument. In an unpublished decision, the court decided to affirm the judgment but modified Burdex's sentence from life imprisonment to twenty years. One judge dissented. Burdex was found guilty of dealing with a fake check, and the jury decided he should serve life in prison due to his past crimes. His appeal raised several issues, including whether he received a speedy trial, if the evidence against him was strong enough, and if the judge made mistakes during the trial. The court looked at the claim for a speedy trial and used a test from a previous case. They found that he was not denied this right. They also believed there was enough evidence that showed Burdex knew the check was fake since he gave different reasons for having it. Burdex argued that the state shouldn't have used some of his old felonies to lengthen his sentence. However, the court found that the state followed the rules correctly. They said that the past felonies were not too old to be used in deciding his punishment. The court also looked into whether Burdex had good lawyers. They found no evidence that his lawyers did a bad job. Additionally, the judges decided the trial court was correct in not explaining what a life sentence meant. When it came to his sentence, the court felt that life imprisonment was too harsh for a non-violent crime. They noticed that the jury seemed to struggle with the punishment and had questions about how to decide it. Because of this, they decided to change his sentence to twenty years instead of life. In summary, the court agreed with the trial's decision to convict Burdex but felt the punishment should be lighter. One judge did not agree with changing the sentence and believed the jury's decision on punishment should stay as it was.
In OCCA case No. M-2010-341, Katherine Denise Burns appealed her conviction for Harassment by Use of an Electronic Device. In an unpublished decision, the court decided to reverse her conviction and instructed to dismiss the case. One judge dissented. Burns was found guilty in a trial in the District Court of Seminole County, where she was accused of sending harassing text messages to Jennifer Johnson. The court sentenced her to six months in jail, but the sentence was suspended. Burns argued that the way the charges were written (the Information) was not clear enough and that the evidence against her was not strong enough to convict her. During the trial, the State presented evidence that Burns sent three text messages to Johnson. The first message included Johnson's social security number, the second suggested Burns knew personal information about Johnson, and the third revealed Johnson's home address. The State claimed that Burns violated a law that prohibits making electronic communications without disclosing one’s identity in a way that annoys, abuses, threatens, or harasses another person. However, the court found that the messages did not meet the legal requirement because Burns’s cell phone number was visible to Johnson. The court concluded that since Burns's identity was clear, she could not be convicted under the law cited by the State. Ultimately, the court decided that there wasn’t enough evidence to prove that Burns committed the specific crime she was charged with, leading them to reverse her conviction and dismiss the case.
In OCCA case No. C-2010-695, Marcus Jermaine Christon appealed his conviction for multiple charges including burglary and possession of drugs. In an unpublished decision, the court decided to grant his petition for certiorari and remanded the case for a new hearing. One judge dissented.
In OCCA case No. C-2010-322, Silvon Dane Kinter appealed his conviction for Assault and Battery with a Deadly Weapon. In a published decision, the court decided to grant Kinter's request to withdraw his guilty plea and vacate his conviction. One judge dissented. Kinter was charged in 2009 and could not afford his attorney, who then moved to withdraw. Kinter wanted to switch to a public defender but was denied. He eventually pleaded guilty to the charges after being pressured by the court, not fully understanding his situation. The court later recognized that he was indigent but did so after Kinter had already entered his guilty plea. The appeals court found that Kinter’s rights were violated when he wasn't properly provided with conflict-free counsel or a chance to adequately present his case, leading to an involuntary plea. Thus, they instructed for further proceedings based on their opinion.
In OCCA case No. C-2010-337, Derrick Ewayne Bickham appealed his conviction for felonious pointing of a firearm and being a felon in possession of a firearm. In an unpublished decision, the court decided to deny his appeal. One member dissented. Bickham entered no contest pleas for several charges in a District Court, resulting in a 20-year sentence for robbery and other related offenses. He argued that his pleas were made under coercion and did not reflect a clear understanding of the situation due to his mental health issues. However, the court found that Bickham entered his pleas knowingly and voluntarily, dismissing his claims of coercion. Additionally, Bickham contested that he should not have to pay for the costs related to his incarceration. The court ruled that he could challenge the cost calculation in a different court proceeding. The decision denied Bickham's petition but sent the case back to the District Court to assess if he was considered mentally ill, which could exempt him from incarceration costs.
In OCCA case No. S-2009-719, the appellant appealed his conviction for Driving While Under the Influence of Alcohol, Second and Subsequent Offense. In an unpublished decision, the court decided to affirm the lower court's decision, which had quashed the felony charge. One member of the court dissented. Leslie Doyle was charged with multiple offenses, including a second DUI, after a traffic incident on April 1, 2001. Initially, the state claimed Doyle had a prior DUI conviction from June 17, 1998, which would elevate his charge from a misdemeanor to a felony. However, Doyle's attorney argued that since more than ten years had passed since the 1998 conviction, this should not be treated as a felony charge under Oklahoma law. After entertaining arguments from both sides, the special judge ruled in favor of Doyle, stating that because of the ten-year rule, the state could not pursue a felony charge against him. The state then appealed the decision. The core of the argument revolved around the interpretation of statutes related to DUI offenses. The state believed that the existing law allowed them to enhance the charge based on the earlier conviction if the DUI was committed within ten years, regardless of the conviction date. Meanwhile, Doyle maintained that his prior conviction had to occur within ten years of the new charge in order for it to be considered a felony. The reviewing district court confirmed the special judge's ruling, concluding that the law explicitly states convicted and not merely committed, meaning that for enhancement to apply, Doyle's prior conviction must have occurred within the ten-year timeframe, which was not the case here. Ultimately, the court found in favor of Doyle, maintaining that the specific statutes dealing with DUI enhancement supported his case. The court's opinion affirmed the lower court's decision to quash the supplemental information that would have allowed for the felony charge to proceed. A member of the court disagreed with this conclusion and expressed dissent.
In OCCA case No. F-2007-638, Watson appealed his conviction for multiple drug-related offenses. In an unpublished decision, the court decided to reverse some of his convictions, modify others, and rescind certain fines. One judge dissented. Watson was found guilty of trafficking in illegal drugs, possession of a firearm during a felony, and other charges. He was sentenced to many years in prison, with his sentences running one after another. Watson argued that the search warrant used to search his home was not valid, that he was unfairly tried for multiple offenses that seemed to be the same crime, that he had been treated unfairly during the trial, and that he didn’t have good representation from his attorney. The court looked closely at the evidence and found that the warrant to search his home was valid. They noticed that the charges for drug trafficking should not have occurred at the same time for methamphetamine and cocaine since this counted as double punishment for one act. Therefore, they decided to reverse that conviction. They also reversed the conviction for possession of a sawed-off shotgun because it was tied to the same act as possessing a firearm during the crime. The court agreed there was enough evidence to support his convictions for having a firearm during a felony and for concealing stolen property. They noted that while the prosecutor made a small mistake during their closing argument, it was unlikely that it would change the outcome of the case since the evidence against Watson was strong. Watson's convictions were modified, which means his sentences were reduced. The court overturned specific unfair fines and affirmed the remaining charges, stating that the changes would not shock anyone’s sense of fairness. The judges believed the final combined sentence still made sense and was fair. In conclusion, while the court made changes to Watson’s convictions and sentences, they found most of the trial's foundation to be reasonable, ensuring that these decisions aligned with the law. The case will return to the lower court to fix some details in line with the appellate court's ruling.
In OCCA case No. S-2008-953, the State of Oklahoma appealed the decision regarding the conviction of James Lee Sharrock for Child Sexual Abuse. In an unpublished decision, the court decided to affirm the lower court's ruling, which had found that the child's out-of-court statements were inadmissible. The majority of the court agreed, while one member dissented. The case started when Sharrock was charged with two counts of Child Sexual Abuse. At a preliminary hearing, the judge decided that there was not enough evidence to proceed with one of the counts. This was because the statements made by a four-year-old child could not be used, as the child was not present to testify, which made those statements hearsay. The State argued that the judge made a mistake by not allowing the testimony of two adults who had interacted with the child. These adults wanted to share what the child said about their experience. However, the judge explained that according to Oklahoma law, the child must either be available to testify or fit certain criteria for hearsay to be considered valid. The State then appealed this decision, and another judge confirmed the initial ruling. Finally, the case was brought to the Oklahoma Court of Criminal Appeals, which reviewed the arguments and the evidence presented. They concluded that the lower court's decision was correct because the magistrate had the right to determine whether the child was available to testify. In the end, the court upheld the initial decisions made by both lower court judges, stating no mistakes were found in their rulings. The final rulings and orders were affirmed, confirming that the hearsay statements from the child could not be used in the case against Sharrock.
In OCCA case No. RE-2007-1233, Jeffrey Allen Holden appealed his conviction for two counts of First Degree Rape and one count of First Degree Burglary. In an unpublished decision, the court decided to reverse the District Court's ruling and dismiss the State's application to revoke Holden's suspended sentence. One judge dissented. Holden had originally entered a guilty plea and was given a long sentence with part of it suspended. However, he was accused of violating probation by contacting the victim while in prison. The rules say that a hearing to revoke a suspended sentence needs to happen within twenty days after the guilty plea. When the second hearing wasn't conducted on time, Holden argued that the court didn't have the power to proceed. The court ultimately agreed with Holden, ruling that the process was not followed correctly, and because of this, they did not have the authority to go forward with the revocation. Therefore, the case was sent back with instructions to dismiss the application.
In OCCA case No. F-2007-1253, L. V. Drennon, III, appealed his conviction for distribution of a controlled dangerous substance (CDS) within 2000 feet of a school and conspiracy to commit a felony. In a published decision, the court decided to affirm the conviction but modify the sentence. One judge dissented. Drennon was found guilty of having marijuana and methamphetamine with the intention to distribute, as well as taking part in a conspiracy to distribute these drugs. He was sentenced to 40 years for each of these charges, which would be served at the same time. Drennon argued that he did not receive good help from his lawyer and that his punishment was too harsh. The court looked carefully at Drennon's claims and the evidence surrounding the case, including courtroom records and transcripts. They found that Drennon's lawyer had provided him with reasonable help. Regarding the punishment, the court discovered that the jury had been given wrong information about the length of the possible sentences for the crimes. They had been wrongly told that Drennon faced a longer-term sentence than what was actually correct. The correct rules allow for a shorter minimum sentence of 6 years for possession with intent to distribute and a minimum of 4 years for conspiracy after previous felony convictions. Because of this mistake, the court decided that the jury's punishment was too extreme. As a result, they changed Drennon's sentences to 20 years for each charge, to be served at the same time. In summary, the court agreed with the conviction but changed the length of Drennon’s sentence due to the mistakes made about punishment options.
In OCCA case No. F-2007-575, Jeffrey Marler appealed his conviction for three counts of Sexual Abuse of a Minor and one count of Possession of Child Pornography. In an unpublished decision, the court decided to modify the sentence for the possession count, vacate the fines imposed on all counts, and otherwise affirm the convictions. One judge dissented regarding the sentencing structure for the sexual abuse counts.
In OCCA case No. F-2007-636, Bryan William Long, Jr. appealed his conviction for Unlawful Possession of Controlled Drug with Intent to Distribute (Methamphetamine). In an unpublished decision, the court decided to vacate the sentence from the District Court in Case No. CF-2004-31 and remand it back for further proceedings, specifically to determine the unserved portion of Long's sentence. Additionally, the court affirmed the judgment and sentence in CF-2006-90, which was for Burglary in the Second Degree. The court clarified that a prior felony conviction enhanced Long's sentence for the burglary conviction. One member of the court dissented.
In OCCA case No. F-2007-102, #Hightower appealed his conviction for #forcible oral sodomy, resisting arrest, and indecent exposure. In a (published) decision, the court decided #to reverse the conviction for indecent exposure and remand for a new trial, while affirming the other convictions. #One dissented. Corey Antwonne Hightower was found guilty of three crimes. The first crime was for forcible oral sodomy, the second was for resisting arrest, and the third was for indecent exposure. The jury decided that Hightower should spend a total of eleven years and eight months in prison for the first two crimes and three years for the third. Hightower's team argued that his convictions for forcible oral sodomy and indecent exposure should not both count because they were too similar. They also said that the indecent exposure charge was wrong since the act wasn’t mentioned in the original court documents, and he didn't get a fair chance to defend himself. Finally, they claimed the judge didn’t properly tell the jury how to use the evidence of other crimes during the trial. After looking closely at everything presented in the case, the court decided that it was not fair to convict Hightower for the indecent exposure. They found that the original case wasn’t clear about which incidents occurred when, especially since the indecent exposure was thought to have happened on a different date than the other crimes. The judges agreed that Hightower should have another chance to defend himself for the indecent exposure charge. However, they said that the convictions for forcible oral sodomy and resisting arrest would remain. The court's decision was important because it showed that everyone has the right to know exactly what they are being charged with and that they need a fair chance to defend themselves in court.
In OCCA case No. F-2006-17, McFarland appealed his conviction for sexual battery and second-degree rape by instrumentation. In an unpublished decision, the court decided to affirm the conviction for sexual battery but modified the sentence for the second-degree rape by instrumentation by vacating the $10,000 fine. One judge dissented. McFarland was found guilty of two serious crimes and was sentenced to a total of eight years in prison and fines. He argued that charging him with both crimes was unfair because they were part of the same event, meaning he faced double punishment. The court examined the evidence and determined that the acts were separate enough that charging him with both was allowed and did not violate his rights. He also claimed that the prosecutor made inappropriate comments during the trial that affected his chances for a fair trial. Some of these comments were found to be improper, but the court decided they did not seriously harm McFarland’s case. Additionally, McFarland argued that the instructions given to the jury about the fines were wrong, which led to the $10,000 fine for the second-degree rape charge being improper. The court agreed with him on this point, finding that jurors were wrongly instructed that they had to impose a fine. In summary, while the court upheld the conviction and the sentence for sexual battery, it modified the sentence for the second-degree rape charge by removing the fine.
In OCCA case No. F-2005-557, Larry Eugene Wright appealed his conviction for robbery with a firearm, possession of a firearm after a felony conviction, possession of a firearm with an altered serial number while committing a felony, and obstructing an officer. In an unpublished decision, the court decided to affirm his convictions for robbery with a firearm, possession of a firearm with an altered serial number, and obstructing an officer, but reversed his conviction for possession of a firearm after a felony conviction. One judge dissented.
In OCCA case No. F-2005-620, Ryan Anthony Van Winkle appealed his conviction for assault with a dangerous weapon and forcible oral sodomy. In an unpublished decision, the court decided to reverse the conviction for assault with a dangerous weapon but affirmed the conviction for forcible oral sodomy. One judge dissented regarding the reversal of the assault conviction. The case began when Van Winkle was tried by a jury and found guilty of two serious crimes. The jury decided that he should spend five years in prison for the assault and eight years for the sodomy, with these sentences to be served one after the other. During the appeal, several issues were raised. One major question was whether Van Winkle could be punished for both crimes because they were part of the same event. Van Winkle argued that the assault was the same act that made the sodomy forcible, which means he shouldn’t be punished for both under the law. The court looked closely at the details of the case. It found that Van Winkle had threatened the victim with a knife and made her agree to the sodomy because she feared for her safety. They decided that the assault with the knife was not a separate crime from the sodomy since they were tied closely together in this incident. Because of this, the court reversed the conviction for the assault, ordering that charge to be dismissed. While addressing the other arguments made by Van Winkle in his appeal, such as claims about not having a fair trial, the court decided these didn’t require changes since they were mainly related to the assault conviction. In summary, the court kept the conviction for forcible oral sodomy but did not allow the assault charge to stand due to how closely related the two acts were. One judge disagreed with the decision to reverse the assault conviction, believing that both crimes were deserving of punishment.
In OCCA case No. F 2004-1198, David Lynn Nelson appealed his conviction for multiple counts of sexual crimes. In an unpublished decision, the court decided to affirm most of the convictions but reversed one. One judge dissented on the matter of that specific count. Nelson was found guilty by a jury of serious charges, including two counts of Rape by Instrumentation, four counts of Forcible Oral Sodomy, two counts of First Degree Rape, and one count of Attempted Rape. He had previous felony convictions, which affected his sentencing. The jury sentenced him to 40 years in prison plus fines for some counts, while for the others, he received life imprisonment and higher fines. The sentences for all counts were set to run at the same time. During the appeal process, Nelson raised several issues. First, he claimed that he did not receive good help from his lawyer during the trial. However, the court found that his lawyer made decisions that were reasonable, so this claim was dismissed. Nelson also wanted the jury to be informed about new rules that would affect how long he would have to serve in prison before being eligible for parole, but the court did not grant this request. The court later decided it was important to adjust his life sentences to a total of 45 years instead. Moreover, Nelson argued that the evidence did not clearly show he committed one of the charges, specifically concerning the forcible oral sodomy. The court looked at the details of the evidence and found it lacking in proving that aspect, leading to the reversal of that particular count. In summary, the court upheld most of the convictions, but one was removed, and the sentences for the life terms were reduced, while the other penalties remained unchanged. The judge who disagreed with reversing the sodomy conviction felt that the evidence given during the trial was enough to support that finding.
In OCCA case No. F-04-1106, Armstrong appealed his conviction for unlawful trafficking in cocaine base, amongst other charges. In an unpublished decision, the court decided to affirm the convictions but modified the fine associated with one of the charges. One judge dissented. Armstrong was found guilty of a series of crimes, including trafficking drugs and resisting arrest. He argued that there were mistakes made during his trial, such as the jury being instructed on two counts of resisting arrest when he believed there should only be one. He also claimed that his attorney didn’t provide enough evidence to support his case effectively. He asked the court to reduce his sentences and fine. After reviewing everything about the case, the court felt that there was no need to overturn the convictions. However, they agreed to reduce the fine related to his drug trafficking charge from $25,000 to $10,000. The court found that the evidence and decisions made during the trial were legally sound. In summary, while Armstrong’s appeal raised several issues, the court mostly found in favor of the original trial's outcome, except for the adjustment of the fine.
In OCCA Case No. F-2004-110, Kelly Dallas Evans appealed his conviction for Burglary in the Second Degree and Possession of Burglary Tools. In a published decision, the court decided to affirm his convictions and sentences, although they modified the fine for the possession of burglary tools. One justice dissented. Evans was found guilty by a jury of burglary after they considered his past felony convictions. The jury recommended a life sentence for the burglary and a one-year jail sentence for having burglary tools, along with a fine. Evans argued that the prosecutor made unfair comments about his silence during the trial, that his life sentence was too harsh for a property crime, and that the fine for the misdemeanor was too high. The court examined Evans' complaints. They noted that his claims about the prosecutor’s comments were not raised during the trial, meaning they were looked at carefully for any major mistakes. They found that the prosecutor's remarks did not directly point to Evans not testifying but were more about the weak defense he presented. On the issue of his life sentence, the court recognized that it seemed severe, but they upheld it based on Evans' criminal history, saying it did not shock their sense of fairness. Regarding the fine for possession of burglary tools, the court agreed it was too high and decreased it to the correct maximum amount. In summary, the court confirmed Evans' long prison term for the burglary but changed the fine for the other charge.
In OCCA case No. F 2003-1163, Christopher Ray Murphy appealed his conviction for four counts of indecent or lewd acts with a child under sixteen. In an unpublished decision, the court decided to affirm the convictions, but modified the sentences to run concurrently instead of consecutively. One judge dissented.
In OCCA case No. F-2003-1261, Ronnie Odell Gargus appealed his conviction for Rape by Instrumentation, five counts of Sodomy, and Lewd Acts with a Child. In an unpublished decision, the court decided to affirm Gargus' convictions and sentences. One judge dissented. The case involved a jury trial where Gargus was found guilty of serious sexual offenses against a child. The jury decided on lengthy prison sentences for each count, totaling a significant amount of time in prison. Gargus raised two main points in his appeal. First, he argued that he should have been allowed to ask the State's expert witness about any bias in his testimony against Gargus. The court acknowledged that usually, a witness cannot be questioned about their past arrests if there was no conviction. However, the court agreed that there are times when it is important to explore a witness’s potential bias, especially if the witness has pending criminal issues. Despite this, the court found that excluding the questioning about the expert's bias did not change the outcome of the case since there was also strong evidence against Gargus, including the child’s own credible testimony. Second, Gargus claimed he was not properly informed before the court ordered him to pay restitution to the victim. The court noted that Gargus did not raise this issue during the trial. However, they agreed that the amount of restitution was not clearly supported by evidence, and that needed to be corrected. The court ordered a new hearing to determine the correct amount that Gargus should pay. Overall, the court upheld the convictions and long sentences but recognized that some legal issues concerning restitution needed further attention. They will have a new hearing to ensure the restitution amount is fair and based on proper evidence.
In OCCA case No. F-2003-1266, James Michael Hudson appealed his conviction for multiple crimes, including manufacturing methamphetamine and unlawful possession of a firearm. In a published decision, the court decided to affirm his convictions but modified his sentences to be served concurrently rather than consecutively. One judge dissented on the sentencing issue. Hudson was found guilty of five charges related to drug manufacturing and possession, among others. He was sentenced to a total of over twenty years in prison, which he appealed, arguing that some of his convictions should not stand, and that he did not receive fair treatment during his trial. The court reviewed his claims one by one. They found that the law allowed him to be convicted for both manufacturing and possessing methamphetamine. The search of his home, which was supposed to be within the law, was ruled proper. It was also concluded that Hudson’s statements to police were made without pressure, which meant they were valid as evidence. When looking at the amount of evidence presented at trial, the court determined there was enough for the jury to find him guilty of all counts. They acknowledged that Hudson’s attorney made a mistake by not asking for a new judge who had shown bias against Hudson in a public statement. However, the court believed this did not affect the jury’s decision regarding guilt. Regarding the issue of whether evidence of other crimes should be admitted, the court decided the evidence was related to the charges against Hudson and was rightfully included in the trial. In conclusion, while Hudson's convictions were upheld, the court changed his sentences to be served at the same time, which means he would spend less time in prison overall. The judges agreed on most points, but one judge had a different opinion about the sentencing.
In OCCA case No. C-2003-1247, Robert Hershal Perkis appealed his conviction for robbery with a dangerous weapon, kidnapping, and burglary in the first degree. In an unpublished decision, the court decided to affirm the conviction for robbery with a dangerous weapon, reverse the kidnapping conviction, and modify the burglary conviction to second-degree burglary. One judge dissented on the kidnapping aspect. Robert Hershal Perkis was charged with three serious crimes: robbery using a dangerous weapon, kidnapping, and first-degree burglary. He pleaded nolo contendere, which means he did not contest the charges. The court sentenced him to a total of 60 years in prison for these crimes, with the sentences running one after the other, and ordered him to pay fines and restitution. Later, Perkis filed an application to withdraw his guilty pleas, stating that his pleas were not supported by enough evidence, that the sentences were too harsh, and that he did not receive good help from his lawyer. The court looked into these claims and first examined if the pleas were based on sufficient evidence. For the robbery charge, the court found that the victim was threatened with a dangerous weapon and had property taken from him, which satisfied the elements of robbery. Thus, the court upheld Perkis' conviction for robbery with a dangerous weapon. In looking at the kidnapping charge, the court considered the facts surrounding the incident. The victim was taken to a field and held there by Perkis and others. The central issue was whether the confinement of the victim could be considered “secret.” The court decided that because the victim was in a public area, it did not meet the legal definition of secret confinement, which led to the reversal of the kidnapping conviction. Regarding the burglary charge, the court found that while there were issues concerning the evidence for first-degree burglary, it chose to modify the conviction to second-degree burglary instead, giving Perkis a shorter sentence for that conviction. Overall, the court's opinion granted some relief to Perkis by reversing one conviction and modifying another, but kept the robbery conviction intact. The dissenting judge felt that the kidnapping conviction should stand, arguing that the facts should be considered as a case of secret confinement.
In OCCA case No. F-2003-1136, Ernest Lynn appealed his conviction for Possession of Firearms After Conviction of a Felony. In an unpublished decision, the court decided to remand the matter for further proceedings. One judge dissented. Lynn had been tried in a bench trial, where he was not found guilty of Feloniously Pointing a Firearm but was convicted on another charge. He received a one-year prison sentence. Lynn argued that the trial court was wrong to convict him based on facts not presented in the original charges and that self-defense was not properly considered. He also contended that the gun found in a warrantless search should not have been used against him. The court looked at the record and saw that there was no big mistake in how the charge was presented, as Lynn admitted to having the gun. They did not agree with Lynn's claim that his mother's consent to the search was not voluntary, stating that he had no right to challenge the search. Therefore, they found no fault in how the trial court handled the case. Lynn further argued that he should be able to use self-defense as a reason for possessing the firearm. He wanted the court to allow a justification defense where a person can temporarily take a gun from an attacker to protect themselves. The court noted that other laws allow people to defend themselves, and it seemed unfair that a convicted felon could not defend their life. In the end, while the court could not change the outcome of the bench trial immediately, they remanded the case back to the district court to look at whether Lynn's self-defense claim could be valid in this situation. Thus, more hearings would be needed to determine the facts and make a final decision.