In OCCA case No. F-2018-895, Ward appealed his conviction for possessing a firearm after felony convictions. In an unpublished decision, the court affirmed the conviction, finding no error in the arrest and evidence. One judge dissented. The ruling concluded that the evidence supported the conviction despite Ward's claims.
In OCCA case No. F-2017-1306, Rebecca Faith Clark appealed her conviction for four counts of Child Abuse by Injury and one count of First Degree Child Abuse Murder. In an unpublished decision, the court decided to affirm her convictions and sentences. One judge dissented. The case involves serious allegations against the appellant and her husband, who adopted two boys after they were removed from their biological parents due to neglect. The abuse came to light after the younger boy, Colton, went missing in 2006. An extensive search was conducted, but he was never found. During this time, the older brother, T.J.S., raised concerns about the treatment he and Colton were receiving at home. He reported incidents of physical abuse, including being beaten and isolated by the appellants. After several years, T.J.S. contacted law enforcement about the mistreatment and his brother's disappearance, which led to reopening Colton's case. The trial revealed chilling details about the life of the brothers in the appellants' care. T.J.S. provided testimony about the physical and emotional abuse they suffered, including beatings, emotional manipulation, and the traumatic events surrounding Colton's disappearance. In her defense, the appellant denied any wrongdoing and argued that the boys were troubled and often acted out. She claimed T.J.S. was the source of the injuries he reported, and she maintained that Colton had run away rather than suggesting any harm had come to him. The court examined various claims raised by the appellant, including ineffective assistance of counsel and improper admission of evidence. Ultimately, the court upheld the conviction, indicating that the overwhelming evidence against the appellant affirmed the decision of the jury. The opinion emphasized the role of the older brother's testimony and the psychological and physical marks left from the alleged abusive environment. It highlighted the principles of joint representation and the appellant's decisions during the trial process. Given these factors, the appellate court found no compelling reason to reverse the lower court's decision. Overall, the OCCA concluded that the appellant received a fair trial, despite her arguments to the contrary, and affirmed the judgment and sentence. The dissenting opinion focused on specific aspects of the trial proceedings but ultimately shared the conclusion regarding the affirmance of the convictions.
In OCCA case No. S-2014-812, the State of Oklahoma appealed the conviction of Adam Clayton Zilm for Sexual Abuse of a Minor. In an unpublished decision, the court decided to affirm the ruling of the District Court that suppressed certain child hearsay statements. One judge dissented. The case started when Adam Clayton Zilm was charged with sexually abusing a minor in Tulsa County. Before the trial began, there was a hearing to determine if the statements made by the child victim, K.A., could be used as evidence in the trial. During this Reliability Hearing, the child made statements to a forensic interviewer and a neighbor about the alleged abuse. However, K.A. later testified that she had not been abused and said she had been influenced to make claims about the abuse. The State argued that the trial court was wrong to suppress the child’s statements because they believed the statements should have been allowed to support the case against Zilm. The court had to decide if these hearsay statements were trustworthy to be presented at trial. According to Oklahoma law, a child’s hearsay statements can be used if the court finds them to be reliable based on several factors. The trial court decided that K.A.'s statements to the forensic interviewer and neighbor were not reliable enough. They allowed K.A. to give her testimony because it was necessary to determine if her earlier statements could be trusted. The court found inconsistencies in her testimony compared to her earlier claims, which made the hearsay statements questionable. The appellate court upheld the trial court's decision, stating that they did not abuse their discretion by suppressing the hearsay statements from the child victim. They believed the trial court made the right choice by considering the total context around the statements. Meanwhile, one judge disagreed. This judge felt that the earlier statements made by K.A. should still be considered admissible. They argued that the trial court focused too much on K.A.'s later testimony, which could have been influenced and not truly reflected what had happened earlier. Overall, the court decided that the suppression of the hearsay evidence was appropriate, allowing the earlier ruling to stand and ensuring that K.A.'s inconsistent statements were not used in the trial against Adam Clayton Zilm.
In OCCA case No. F-2009-335, Jermaine Darnell Jeffery appealed his conviction for First Degree Felony Murder and other charges. In an unpublished decision, the court decided to reverse the conviction for Shooting With Intent to Kill and affirmed the other convictions. One judge dissented. Jermaine was found guilty of several serious crimes related to a shooting incident. During the trial, the jury decided on punishments for his actions, including life in prison for murder. Jermaine argued that there wasn't enough proof to connect his shooting with the death of the victim and that he was punished unfairly for the same crime more than once, which is known as double jeopardy. He also claimed that his rights were violated when the court allowed evidence about his silence after being arrested and that hearsay statements from other witnesses should not have been allowed. Jermaine felt he did not get a fair trial because the prosecutor talked about things not proven in court and that his punishment was too harsh. Additionally, he argued that his lawyer did not do a good job by not pointing out mistakes during the trial. The court reviewed all the evidence and arguments. They agreed that there was enough proof for the murder charge but recognized a mistake in charging Jermaine with both murder and the shooting he did, leading to the reversal of that specific charge. The court found that some errors did happen, but most were not serious enough to change the outcome of the trial. In the end, they upheld the punishments for the other crimes while agreeing to dismiss the shooting conviction.
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. F-2003-772, Amy Marie Flippence appealed her conviction for multiple charges, including conspiracy to manufacture methamphetamine and child endangerment. In an unpublished decision, the court decided to affirm some charges but reversed one conviction for possession of a precursor and also reversed the child endangerment convictions, ordering them to be dismissed. One judge dissented regarding the conspiracy conviction.