Other Crimes Evidence Archives - Page 3 of 3

F-2001-793

Post author:Staff
Post published:September 6, 2002
Post category:F

In OCCA case No. F-2001-793, Robert Dale Marlow appealed his conviction for three counts of First Degree Rape, Forcible Sodomy, and First Degree Rape by Instrumentation. In an unpublished decision, the court decided to modify one of the convictions to Second Degree Rape by Instrumentation and also modified the sentences for the remaining convictions. One judge dissented. Marlow was found guilty of serious crimes related to sexual offenses. The jury decided to give him a very long punishment of 100 years for each of the five crimes, which they all ran one after the other, making a total of 500 years. In the appeal, Marlow pointed out several issues with his trial. First, he argued that he didn’t get a fair trial because the judge allowed the jury to hear about another crime that wasn’t related to what he was accused of. This might have made the jury think he was a bad person and influenced their decision. Second, he said the jury was not properly instructed about one of the charges. The charge of First Degree Rape by Instrumentation did not include an important detail about “bodily harm.” Because of this, the court acknowledged that he should have been found guilty of a lesser crime instead. They also talked about how the prosecutor brought in information about other incidents that happened at a different time, which they believed could confuse the jury and affect the fairness of the trial. After looking carefully at everything, the court decided that the conviction for First Degree Rape by Instrumentation should be changed to Second Degree Rape by Instrumentation, and they gave him a new sentence of 20 years for this crime. The other convictions were kept but the sentences were reduced to 40 years each for the remaining counts. All of the sentences will still be served one after the other. This review shows how important it is for trials to be fair, with accurate charges and instructions provided to the jury.

F 2001-873

Post author:Staff
Post published:July 12, 2002
Post category:F

In OCCA case No. F 2001-873, Jerome Wade Hennesy appealed his conviction for Trafficking in a Controlled Dangerous Substance (Cocaine Base). In an unpublished decision, the court decided to reverse his conviction and remand the case for a new trial. One judge dissented. In this case, Jerome Wade Hennesy was found guilty of trafficking cocaine by a jury. The jury decided he should serve ten years in prison and pay a fine of $25,000. Hennesy appealed, arguing that the evidence used against him was not strong enough to prove his guilt and that there was unfair evidence related to other crimes. The court agreed with Hennesy on the second point about the unfair evidence, saying it was a serious mistake that affected the trial. The judges mentioned that since the evidence against him was mostly based on circumstances and not very strong, the mistake couldn't be ignored. They decided that Hennesy needed a new trial, so he could have a fair chance to defend himself. The judges noted that the first point about whether the evidence was sufficient to prove his guilt was no longer important because they were giving him a new trial based on the unfair evidence. They expected the state to have stronger evidence if Hennesy was tried again. So, they made the decision to reverse the previous judgment and order a new trial.

F-2001-278

Post author:Staff
Post published:July 9, 2002
Post category:F

In OCCA case No. F-2001-278, Kirk appealed his conviction for First Degree Murder, Domestic Abuse After Former Conviction of Domestic Abuse, and Assault and Battery with a Dangerous Weapon. In a published decision, the court decided that the convictions for First Degree Murder and Assault and Battery with a Dangerous Weapon were affirmed, while the conviction for Domestic Abuse After Former Conviction of Domestic Abuse was reversed and remanded with instructions to dismiss. One judge dissented. Kirk was found guilty after an incident on January 24, 2000, where he lived with Reva Gail Sweetin. That night, Kirk's friend, Billy Whiting, visited them. After drinking alcohol, Whiting became very drunk and fell off the couch multiple times. Sweetin tried to help him, but Kirk later emerged with a knife and attacked both Sweetin and Whiting, ultimately fatally stabbing Whiting. Kirk raised several arguments during his appeal. First, he claimed the evidence was not enough to support his convictions, arguing that the witnesses who testified against him were not credible. However, the court found that the evidence supported the jury's decision. Second, Kirk argued that being convicted of both Domestic Abuse and Assault and Battery was unfair because both were for the same action. The court agreed with this point and decided to dismiss the Domestic Abuse conviction. Kirk also claimed that the prosecutor inappropriately vouched for Sweetin's credibility during closing arguments. The court concluded that these comments did not indicate the prosecutor's personal opinion but were a response to the defense's arguments. Another concern raised by Kirk was about other crimes evidence that the prosecutor brought up regarding his ex-wife, but the court determined that the jury was properly instructed to disregard it. Kirk argued that he should have received instructions about the witness's past bad acts. While the court agreed this was a mistake, they believed it did not significantly affect the trial's outcome due to the strong evidence against him. Lastly, Kirk claimed the overall errors during the trial were enough to warrant a new trial. However, since the court had already determined that one of his convictions should be reversed, they found there were no additional grounds for relief. In summary, the court upheld the murder and assault convictions, dismissed the domestic abuse charge, ensuring a focus on the primary acts Kirk committed during the incident.

F-2001-503

Post author:Staff
Post published:July 3, 2002
Post category:F

In OCCA case No. F-2001-503, Derrick L. Jethroe appealed his conviction for Robbery with a Firearm. In an unpublished decision, the court decided to affirm his conviction but modify his sentence to twenty years imprisonment. One judge dissented.

F-2000-1427

Post author:Staff
Post published:September 5, 2001
Post category:F

In OCCA case No. F-2000-1427, John Vernon Dubiel appealed his conviction for possession of forged evidences of debt. In an unpublished decision, the court decided to affirm one count of the conviction but vacated two counts. One judge dissented on the issue of sentencing. Dubiel was charged with three counts of possessing forged checks. At trial, the jury found him guilty of all counts and recommended a long sentence for each, which the judge imposed to run one after the other. After Dubiel appealed, he argued that he was unfairly punished twice for the same crime and that the sentences were too harsh. The court agreed with Dubiel on the double jeopardy argument, stating that the law allows for only one punishment for having several forged checks at the same time. Because of this, they decided to cancel two of the counts against him but upheld the conviction for the first count. The court also found that any references to Dubiel's personal drug use during the trial were not significant enough to impact the fairness of the trial. Lastly, since they reduced his conviction, they did not need to further discuss the claim about excessive sentencing.

F-2000-912

Post author:Staff
Post published:July 10, 2001
Post category:F

In OCCA case No. F-2000-912, Jerry Leon McManus, Jr. appealed his conviction for several serious crimes, including Kidnapping, Assault, Rape by Instrumentation, and Sodomy. In an unpublished decision, the court decided to modify his convictions on two counts to a lesser charge and change the sentences but upheld his other convictions. One judge dissented. The case started in a court in Muskogee County where McManus was accused of multiple crimes against a victim. A trial jury found him guilty of most counts after being directed that he was not guilty of a few charges. Each of the remaining charges led to a life sentence that would run at the same time. On appeal, McManus presented several arguments about why he should not have been convicted. He said the trial court did not explain the rules correctly regarding one type of crime, leading to confusion. He also argued that the court allowed some evidence about past actions of his that were not relevant to the case, and he believed this affected the fairness of the trial. Furthermore, he claimed the prosecutor made improper comments during the trial and said there wasn’t enough evidence to support his convictions for certain crimes. The court reviewed these arguments carefully. It agreed with McManus on one point: the jury should have been instructed properly about the crime of Rape by Instrumentation. Since the jury was incorrectly steered towards a greater charge, the court decided to change McManus's convictions for this specific crime to a lesser offense of Second Degree Rape by Instrumentation and adjusted his sentence to fifteen years for those two counts instead of life imprisonment. However, the court found that even though some evidence from old crimes should not have been shared, it did not change the outcome of the trial. The jury's decision was seen as just because there was enough solid evidence presented against McManus. The court also thought that despite various issues raised during the trial, those did not combine to make the trial unfair or warrant a full reversal of all convictions. In summary, while the court changed some aspects regarding the Rape by Instrumentation, they affirmed the rest of the convictions and sentences for McManus, deciding he would serve a reduced time for the lesser charges but still maintain his convictions for the other serious crimes.

F 2000-446

Post author:Staff
Post published:May 4, 2001
Post category:F

In OCCA case No. F 2000-446, Christopher Edward VanAnden appealed his conviction for First Degree Rape by Instrumentation and Lewd Molestation. In an unpublished decision, the court decided to reverse the conviction and remand for a new trial. One judge dissented. Christopher VanAnden was found guilty by a jury of serious charges, including First Degree Rape by Instrumentation and Lewd Molestation. After the trial, he was sentenced to five years for the first charge and three years for the second, with both sentences to be served at the same time. After his conviction, VanAnden argued several points in his appeal. He believed he was unfairly denied the chance to present important witness testimony, that his rights were violated by obtaining an involuntary written statement, that there was not enough evidence to convict him, and that admitting evidence of his other crimes influenced the jury unfairly. The court looked closely at these issues and agreed with VanAnden, deciding that the evidence of other crimes he allegedly committed was particularly problematic. The court pointed out that this evidence was not shown to be connected to the current case in a clear and convincing way, meaning it should not have been allowed at trial. Ultimately, since the court felt that the admission of this other crime evidence was very unfair to VanAnden and could have changed the jury's decision on his guilt, they ordered a new trial. This means that he will have another chance to defend himself against the charges in a new court session, where the jury will hear the case from the beginning without the prejudicial evidence that affected the first trial.