Overwhelming Evidence

F-2021-49

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In OCCA case No. F-2021-49, the Appellant appealed his conviction for using a vehicle to facilitate intentional discharge of a weapon, assault and battery with a deadly weapon, and feloniously pointing a firearm. In a published decision, the court decided to affirm the conviction for using a vehicle to facilitate the discharge of a firearm and for pointing a firearm but reversed and remanded the conviction for assault and battery with a deadly weapon with instructions to dismiss. One judge dissented regarding the interpretation of the statutes involved.

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F-2019-369

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In OCCA case No. F-2019-369, Collins appealed his conviction for assault with a dangerous weapon. In a published decision, the court decided to affirm the conviction and sentence of twenty-five years imprisonment but vacated and remanded the restitution and fees due to errors in their assessment. One judge dissented. Joseph Willis Collins was found guilty by a jury for committing assault with a dangerous weapon. He faced this trial in Comanche County where he was sentenced to spend twenty-five years in prison and was ordered to pay restitution and court costs. Collins claimed that several things went wrong during his trial that justified overturning his conviction. First, Collins argued that when he asked police if he could go back downstairs, it meant he wanted to stop talking to them, and police should have immediately respected that request. He believed this request was an important part of his rights, which should not have been pushed aside during the questioning. However, the court decided that even though admitting his statements without considering his right not to speak was a mistake, it was not significant enough to change the outcome of the case because there was a lot of clear evidence proving he was guilty. Next, Collins argued that some embarrassing information from his cellphone should not have been used against him during the trial. He thought that this evidence made it hard for him to get a fair trial because it focused on his relationships in a negative way. However, the court did not find this evidence to be unfairly prejudicial, as it was used to help explain details relevant to the case. Collins also believed that his lawyer did not competently defend him, especially regarding the use of the testimony linked to the cellphone and the earlier statements made to police after he asked to stop being questioned. The court looked at all these claims and found that there were no significant mistakes made by Collins’s lawyer that affected the trial's outcome. The other issues Collins raised were about financial matters from his sentencing. Collins was ordered to pay $7,504 in restitution for the victim’s losses, but the court admitted this amount wasn't properly justified, so they decided it should be determined again. The court also acknowledged a mistake in charging Collins a $1,500 indigent defense fee instead of the maximum allowed of $1,000. There was also a dispute about the juror fees that Collins thought were incorrectly calculated, but since he did not raise this objection during the trial, the court decided not to change this part of the decision. In the end, the court upheld the conviction and the lengthy sentence Collins received. They ordered the lower court to redo the calculations for restitution and the indigent defense fee to comply with the law and ensure a fair process. The judgment of conviction and the twenty-five-year prison sentence were upheld, while the restitution and indigent fees were vacated and remanded for further action.

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F-2018-221

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In OCCA case No. F-2018-221, Kenneth Merle Hammick, II appealed his conviction for robbery with a dangerous weapon, burglary in the first degree, and larceny of an automobile. In a published decision, the court decided to affirm the judgment and sentence of the district court. One judge dissented. Kenneth Hammick was convicted of serious crimes. The evidence showed that he broke into a house in Claremore, Oklahoma, on May 10, 2015. He threatened the people inside with a gun and stole a car from one of the victims to escape. He later tried to steal another car but took a pistol instead. The police found him hiding in some bushes the next day. During police questioning, Hammick made statements that suggested he was guilty, even though he initially denied doing anything wrong. After a while, he asked to speak to the police again and confessed to the robbery, even showing them where he had hidden the gun. Hammick's first argument was that the court should not have allowed his confession to be used against him because he had already asked for a lawyer. The court decided that since he started talking to the police again, his confession was valid, and he understood what he was doing. Next, Hammick claimed that the way the police identified him was unfair. He said that because he had a neck tattoo, he was easily recognizable in a photo lineup shown to the victims. However, the court found that the victims had a good opportunity to see him during the crime and provided reliable identifications. Lastly, Hammick argued that the court should not have allowed evidence of another crime he committed after the robbery. This was a theft of a gun. The court decided that this evidence was important to provide a complete picture of Hammick's actions and did not unfairly prejudice the jury against him. In the end, the court upheld Hammick's conviction and did not find any reason to change the original decision.

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F-2017-1127

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In OCCA case No. F-2017-1127, Jones appealed his conviction for robbery, kidnapping, and possession of a firearm after a previous felony. In an unpublished decision, the court decided to affirm the judgment and sentence. One judge dissented. Jones was found guilty of robbing someone with a dangerous weapon, kidnapping, and having a gun after a felony conviction. He was sentenced to serve many years in prison for these crimes. Jones argued several points in his appeal. He believed it was wrong for him to stand trial for the gun possession charge when the earlier ruling had dismissed that part of his case. The court found that the process used to bring that charge back was okay. Jones also thought that statements he made after being arrested should not have been allowed in trial because he was scared and did not have a lawyer present. However, since he did not say this during the trial, the court looked at it carefully but decided it did not affect the trial in a serious way. Jones requested a special instruction for the jury about flight, meaning that if someone runs away from a situation, it might mean they are guilty. The court denied this request because Jones denied being at the crime scene, so the flight instruction was not needed. Finally, Jones claimed that the prosecutor acted unfairly during the closing arguments. The court concluded that while some comments might not have been ideal, they did not make the trial unfair. All in all, Jones's appeal did not lead to a change in his conviction or sentence.

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F-2013-326

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In OCCA case No. F-2013-326, Maurice Cortez Washington, Jr. appealed his conviction for Possession of a Controlled Dangerous Substance, Driving a Motor Vehicle While Under the Influence of Alcohol, and Transporting an Open Container of Beer. In a published decision, the court decided to affirm Washington's conviction but modified his sentence to fifteen years imprisonment for the first count. One member dissented, arguing that the trial counsel's comments were a reasonable strategic decision.

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F-2009-525

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In OCCA case No. F-2009-525, Sparks appealed his conviction for Second Degree Murder, Unlawful Delivery of a Controlled Drug, and Unlawful Removal of a Dead Body. In a published decision, the court decided to affirm the convictions for Counts 2 and 3 but reversed and remanded Count 1, with instructions to dismiss. One judge dissented regarding Count 1. The case involved Nathan David Sparks, who was tried and found guilty in Osage County. The jury decided that he should spend ten years in prison for Second Degree Murder, along with a fine for delivering a controlled substance and a year in county jail for improperly handling a dead body. The trial judge followed the jury's recommendations. The appeal focused on several issues, including whether there was enough evidence to support a conviction for Second Degree Murder. During the trial, the prosecution argued that Sparks gave methamphetamine to a woman who later died from it, claiming they had a close relationship and that he knew about her health issues. Sparks argued that the evidence did not strongly support the idea that his actions were extremely dangerous. The court reviewed prior cases and determined that not every case of delivering drugs resulting in death is automatically Second Degree Murder. They explained that for a murder charge to stick, the actions must show a clear disregard for life. They found that in Sparks' case, while he knew the victim had health problems, there wasn't enough evidence to prove his actions were dangerously reckless enough to warrant a murder conviction. Each of Sparks' other issues was also reviewed. They found some testimony was not directly related to the case, but since the evidence for Counts 2 and 3 was strong, it did not change the outcome. They determined that there was no misconduct during the trial and that Sparks had adequate legal representation. In summary, the court upheld Sparks' convictions for the drug delivery and body removal but did not find strong enough evidence for the murder charge, leading to its dismissal. One judge disagreed, believing the evidence was sufficient to uphold the murder charge due to Sparks' knowledge of the victim's health issues.

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F-2008-061

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In OCCA case No. F-2008-061, Antwaun Deon Lewis appealed his conviction for First Degree Malice Murder and Robbery with a Firearm. In a published decision, the court decided to modify his sentence for first degree murder from life without the possibility of parole to life imprisonment but affirmed the judgment and sentence for robbery. One judge dissented regarding the issue of the introduction of certain testimony. The case began when Lewis and another person killed Orlando Prudom at a park in Tulsa, Oklahoma. They shot Prudom multiple times and took items from him. Lewis was found guilty by a jury and received a harsh sentence because of his previous criminal record. During the appeal, Lewis raised several issues. One concern was about the trial procedure used when the jury decided his sentence after learning of his past conviction. He argued that the jury should not have known about his prior conviction when deciding the murder sentence. The court agreed that the trial procedure was flawed, which affected the fairness of his sentencing, leading them to change his sentence. Lewis also argued that a witness's testimony from a previous trial was used improperly without giving him a chance to confront her. However, the court decided that this error did not significantly affect the outcome because there was a lot of strong evidence against him, such as his own admissions and other witnesses' accounts. Another point Lewis raised was about the introduction of photographs of the victim, which he described as gruesome. The court ruled that these photographs were relevant to the case and did not unfairly prejudice the jury against him. Lastly, Lewis claimed he had ineffective assistance from his lawyer during the trial. The court found that the arguments regarding the trial process were enough to provide relief, while other claims did not show that he suffered from any real prejudice during the trial. The final decision upheld the conviction for murder and robbery, modified the murder sentence, and confirmed the revocation of a previously suspended sentence for another crime. In conclusion, while some issues found in the trial were acknowledged, the court maintained that the evidence against Lewis was very strong.

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F-2006-429

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In OCCA case No. F-2006-429, David Michael Graham appealed his conviction for three counts of Lewd Molestation. In an unpublished decision, the court decided to affirm his convictions but modified the sentences to be served concurrently and dismissed the restitution order. One judge dissented. Graham was found guilty by a jury of three counts of Lewd Molestation. The jury recommended that he serve 20 years in prison for each count, with the last 10 years suspended under probation conditions. The judge also ordered him to pay $10,000 to each victim. In his appeal, Graham argued several things. First, he claimed that the way the prosecutors behaved during the trial made it unfair. He also said the judge didn’t properly inform the jury about how much of his sentence he would have to serve before getting paroled. Lastly, he felt the restitution amount was too high and lacked support from facts. After reviewing the case, the court agreed there was some misconduct but concluded it did not affect the conviction. The appeal also highlighted that the jury should have been told that he needed to serve 85% of his sentence, which led to changing the sentences to concurrent rather than consecutive. The judges found the order for restitution of $10,000 per count was not backed by evidence, so that part was dismissed. The overall opinion was that while the convictions were upheld, the sentences needed to be modified, and the restitution removed. One judge disagreed with modifying the sentences to run concurrently, believing the original sentencing was appropriate.

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F-2001-211

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In OCCA case No. F-2001-211, Sherl D. Batise appealed his conviction for Assault and Battery with a Dangerous Weapon. In an unpublished decision, the court decided to affirm the judgment and sentence, meaning Batise will continue to serve his time in prison. One judge dissented. Batise was found guilty by a jury and was sentenced to thirty-five years in prison. He argued in his appeal that he did not have good legal help during his trial, that his punishment was too harsh, and that the court did not properly decide how much money he should pay in restitution to the victim. The court looked closely at Batise's claims. They found that he could not prove that having better legal help would have changed the outcome of his trial. They also thought that a thirty-five-year sentence was appropriate, especially since Batise had prior felony convictions, including serious crimes. The court explained that a long sentence was justified given the severity of his actions, which involved attacking someone with a machete. Regarding the restitution, the court agreed with Batise that the trial judge did not follow the right steps when deciding how much money he should pay to the victim. The judge was supposed to take into account whether Batise could afford to make those payments without causing serious hardship to him or his family, and he also needed clear evidence of how much the victim lost. Since this was not done correctly, the court decided to vacate the restitution order and sent the case back to the trial court for further review. In summary, Batise’s conviction was upheld, meaning he remains in prison, but the order about how much he should pay the victim was canceled, and that will be re-evaluated by the trial court.

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F-2000-483

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In OCCA case No. F-2000-483, Debra Gorrell appealed her conviction for several drug-related crimes. In a published decision, the court decided to reverse one of Gorrell's convictions but affirmed the others. One judge dissented. Debra Gorrell was found guilty of crimes including unlawful possession of methamphetamine with intent to distribute, and other drug-related charges. She was sentenced to a total of many years in prison. During her appeal, Gorrell raised several arguments against her convictions. Gorrell argued that the court shouldn't have allowed evidence about her past crimes. She also said she was punished too many times for the same actions and claimed that part of the law used against her was unfair. She disputed the evidence stating she had methamphetamine in front of a child, claimed the testimonies used against her weren't reliable, and said the jury wasn't properly instructed about the crimes. The court reviewed all arguments and found that most of Gorrell's claims did not hold up. They decided that the evidence against her was strong enough for the other convictions. However, they found that Gorrell's conviction for maintaining a dwelling for drug use was not fair, and this conviction was reversed. In the end, the court upheld her other convictions but ordered a new trial for the one related to maintaining a dwelling for drug use.

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F-2000-821

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In OCCA case No. F-2000-821, Mitchell Lawrence Rose appealed his conviction for Solicitation of First Degree Murder. In a published decision, the court decided to affirm the judgment but vacate the sentence and remand the case for resentencing. One judge dissented.

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