F-2016-997

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In the case of Jimmie Lee Lovell, the Oklahoma Court of Criminal Appeals reviewed his convictions for First Degree Manslaughter and Driving Under the Influence. Lovell challenged the trial court's denial of his motion to suppress blood test results, arguing he was not given an opportunity for independent testing as required by statute. The court affirmed the trial court's decision, finding no abuse of discretion, since Lovell did not request a sample for independent testing during the proper timeframe. Additionally, Lovell argued that the jury’s verdicts—guilty of First Degree Manslaughter and not guilty of Negligent Homicide—were inconsistent. The appeals court found that no objection had been raised regarding the verdict at trial, and therefore reviewed for plain error, concluding there was no actual error affecting his rights, as the jury’s intent was clear. The court noted a variance between the jury’s recommended punishment in Count II (Ten days and a $1,000 fine) and the subsequent sentence (one year in jail). The case was remanded for correction of this discrepancy. Overall, the court affirmed the judgment and sentence in Count I, affirmed the judgment in Count II, and ordered the trial court to correct the Judgment and Sentence in Count II in accordance with the jury's recommendation.

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F-2010-466

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In OCCA case No. F-2010-466, William Michael DeMoss appealed his conviction for three Counts of Shooting with Intent to Kill and one Count of Assault with a Dangerous Weapon. In an unpublished decision, the court decided to affirm the convictions but vacated the fines associated with each count. One judge dissented. William Michael DeMoss was found guilty of serious crimes, including trying to kill people and attacking someone with a weapon. The jury decided he should go to prison for a long time and also pay money as fines. DeMoss didn’t think the trial was fair and said there were many mistakes made. He argued that there wasn't enough proof to find him guilty, that he couldn’t hear well during the trial, and that he should have had help from experts to prove he had problems. The court looked closely at what DeMoss said and also reviewed all the evidence. They decided that there was enough proof to show that DeMoss did commit the crimes. The court didn’t think his defense attorney did anything wrong to hurt DeMoss's case and that the decisions made during the trial were fair. They also found out that even though there were some mistakes, such as telling the jury they had to give fines when they really didn’t have to, it didn’t change the outcome of the trial. In the end, they agreed with the jury’s decision but took away the fines because it wasn’t right for the jury to have to give them. This means he still has to serve a long prison sentence, but he won't have to pay those extra fines. The court decided that everything else about the trial was okay, and DeMoss's appeal was mostly denied.

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