In OCCA case No. N 2014-153, Harris appealed his conviction for First Degree Murder. In a published decision, the court affirmed the death sentence, finding sufficient evidence of his crime and rejecting claims of an incomplete trial record. One judge dissented. [occa_caption]
In OCCA case No. F-2018-465, Wytch appealed his conviction for First Degree Murder and Feloniously Pointing a Firearm. In an unpublished decision, the court decided to affirm the conviction. No one dissented. Wytch was found guilty of killing Julius Templeton and threatening his former girlfriend, Miranda Orr, with a gun. The events took place on December 9, 2016, after Wytch was jealous of Orr's friendship with Templeton. During a confrontation at Orr's apartment, Wytch argued with her, slapped her, and pointed a gun at her head. When Templeton tried to intervene, Wytch fatally shot him. Wytch claimed he acted in self-defense, saying that Templeton was the first aggressor. No weapon was found on Templeton, and the jury did not believe Wytch's self-defense argument. Wytch argued that evidence from previous incidents where he threatened Orr should not have been allowed in the trial, but the court found the evidence relevant to show motive and intent. Wytch also claimed that the prosecutor's arguments unfairly suggested he had to prove his innocence, but the court ruled the prosecutor's comments were appropriate, aiming to highlight the lack of evidence supporting Wytch's testimony. Finally, Wytch complained that his sentences were too harsh. He was given life without parole for murder and ten years for pointing a gun at Orr, which were the maximum sentences. The court disagreed and did not find the sentences excessive based on the nature of the crimes. Overall, the court upheld Wytch's convictions and sentences, affirming the findings of the lower court.
In OCCA case No. F-2017-949, Montoyia Corbitt appealed her conviction for Manslaughter in the First Degree-Heat of Passion. In an unpublished decision, the court decided to affirm her judgment and sentence. One judge dissented. Montoyia Corbitt was tried for a crime that involved the death of another person. During her trial, she claimed she acted in self-defense. However, the jury found her guilty, and she was given a six-year prison sentence. The law said she had to serve at least 85% of her sentence before she could be considered for parole. Corbitt made three main arguments in her appeal. First, she believed the evidence was not enough to prove she did not act in self-defense. The court explained that self-defense is a reason someone can use force, but it has to be reasonable. They found there was enough evidence that showed Corbitt's fear was not reasonable and, therefore, not justified in using deadly force. Second, Corbitt argued that a police officer’s opinion in her trial influenced the jury and was not fair. The court reviewed this matter and decided that the officer's testimony was allowed because it was based on what he observed during the investigation. They concluded that his statements helped clarify what happened during the incident without directing the jury toward a specific conclusion. Third, Corbitt was concerned about a photograph that showed her face during a police interview. She thought it was not relevant and unfairly prejudiced her case. The court ruled the photo was relevant because it helped support her claim of self-defense. They believed the image added to the understanding of the situation rather than just being harmful to her. Ultimately, after looking at all the arguments and evidence, the court agreed with the jury’s decision and affirmed her conviction.
In OCCA case No. F-2017-1042, Vincent Ray Perosi appealed his conviction for First Degree Murder and Assault and Battery with a Deadly Weapon. In an unpublished decision, the court decided to affirm the conviction. One judge dissented. The case began when Perosi, who had recently divorced, was ordered to leave the house he had been living in by January 1, 2016. After that date, his ex-wife, Pamela Perosi, returned to the house with two friends to change the locks because he had not moved out. This led to a confrontation. Perosi shot and killed Pamela and another friend, Buddy Weber, while wounding Karen Priest, who was also present. Perosi claimed he shot in self-defense, saying he was scared of Weber. However, evidence showed that he had a history of threats against his ex-wife and evidence contradicted his version of events. The court ruled that he did not qualify for immunity under the Stand Your Ground law and denied his request for related jury instructions. In reviewing the evidence, the court found sufficient proof to support the convictions, rejecting Perosi's claims of self-defense and that shooting Pamela was accidental. Further, his videotaped confession was admitted as evidence, despite defense claims it was coerced; the court found it was voluntary. In addition, the court allowed testimony about Perosi's bad character and a victim impact statement from Pamela’s family. Ultimately, the court upheld the trial’s decisions and affirmed the conviction, denying any errors raised in the appeal.
In OCCA case No. F-2010-547, Berry appealed his conviction for Lewd Molestation and Kidnapping. In an unpublished decision, the court decided to uphold Berry's conviction for Lewd Molestation but reversed his conviction for Kidnapping. One member of the court dissented. Berry was found guilty by a jury of Lewd Molestation and Kidnapping in Tulsa County. The case involved a two-year-old girl who wandered away from her home and encountered Berry. Witnesses saw Berry beckon the girl to his truck, pick her up, and drive away. Police later found the girl in Berry's truck, seemingly unresponsive, although no definitive physical harm or evidence of sexual assault was found. Berry argued that he should not have been punished for both crimes because the acts of Lewd Molestation and Kidnapping were connected and arose from the same action. The court agreed that the crimes involved the same incident when Berry took the girl, thus violating Oklahoma's law against double punishment. They affirmed the Lewd Molestation conviction but reversed the Kidnapping conviction, indicating the offenses were inseparable in this instance. One judge disagreed, believing that the Kidnapping and Lewd Molestation were distinct, separate crimes, and thus both should stand.
In OCCA case No. F-2009-385, Jeffrey Eugene Rowan appealed his conviction for Child Sexual Abuse by a Person Responsible for a Child's Health, Safety, or Welfare. In a published decision, the court decided to grant Rowan's motion for a new trial and dismissed the appeal because the case would be retried. One judge dissented. Rowan was convicted in the District Court of Pittsburg County and sentenced to thirty-five years in prison. His conviction was based on various testimonies, including his own admission to investigators about inappropriate behavior with his stepdaughter and medical testimony suggesting signs of abuse. However, after the conviction, new evidence came to light regarding the medical witness that may have affected the credibility of the case against Rowan. The new evidence showed that the physician assistant who examined the child had her medical license suspended due to drug abuse and misconduct. This detail raised concerns about the reliability of her testimony, which was crucial to the prosecution's case. The court found that this new evidence could change the outcome of the original trial and therefore ordered a new trial. Rowan's original appeal was deemed moot because the case would be retried, and there was no need to evaluate the specific claims raised in that appeal. As a result, the motion for a new trial was granted, and the case was sent back to the lower court for another trial.
In OCCA case No. F-2008-260, Ronnie Lamonte Lister appealed his conviction for Trafficking in Illegal Drugs, Possession of a Firearm During Commission of a Felony, and Possession of a Firearm After Former Conviction of a Felony. In an unpublished decision, the court decided to affirm the convictions for Trafficking in Illegal Drugs and Possession of a Firearm After Former Conviction of a Felony, but reversed the conviction for Possession of a Firearm During Commission of a Felony with instructions to dismiss. One judge dissented.
In OCCA case No. F-2006-469, Ricky Dale Hester appealed his conviction for First Degree Murder, First Degree Arson, Conspiracy, Robbery with a Dangerous Weapon, and Kidnapping. In a published decision, the court affirmed his convictions on Counts 1, 2, 3, and 4, but reversed the conviction on Count 5 with instructions to dismiss. One judge dissented regarding the kidnapping conviction. Hester was found guilty after a series of serious crimes. The events began when he, along with co-defendant Carl Myers, targeted Richard Hooks. They lured Hooks to a vacant house under false pretenses, where they planned to rob him. Hooks was beaten, stabbed multiple times, and then his body was moved to a garage that was set on fire. The jury sentenced Hester to life in prison without parole for the murder, and significant prison terms for the other counts. During the trial, various pieces of evidence were presented, including confessions made by Hester. However, he raised concerns about certain jury instructions and the admission of evidence. Hester argued that a specific instruction given to the jury about co-conspirator liability was incorrect, as it could lead the jury to presume guilt simply because he was part of a conspiracy. The court found that the jury was properly instructed on the law, and that the evidence presented showed Hester's active involvement in the crimes. He also challenged the trial court’s failure to provide instructions regarding the need for corroboration of confessions and accomplice testimony. The court ruled that sufficient evidence supported Hester’s confessions and that any omission in instructions did not impact the trial's fairness. Hester claimed that the admission of statements made by his co-defendant during the conspiracy was improper and that his statements to his partner were protected by spousal privilege. The court disagreed, finding that the trial had properly handled those matters and that the evidence substantiating the crimes was strong. Despite Hester's arguments, the court determined that the evidence was enough to support the convictions for murder, arson, conspiracy, and robbery, finding he played a crucial role in the criminal acts committed. However, due to a lack of evidence showing an intent to extort while holding Hooks against his will, the kidnapping conviction was reversed. In the end, while Hester's more serious convictions were upheld, the court acknowledged flaws in the evidence related to the kidnapping charge, leading to that particular conviction being dismissed.
In OCCA case No. F-2006-63, Beverly Michelle Moore appealed her conviction for First Degree Murder. In an unpublished decision, the court decided to modify Moore's sentence to life imprisonment with the possibility of parole. Two judges dissented. To explain, Beverly Moore was found guilty of killing two-year-old Avery Snyder. Avery had severe head injuries that doctors said were caused by violent shaking, known as shaken baby syndrome. The trial focused on whether Moore or Todd Snyder, Avery's father, caused the injuries. Moore admitted to giving a confession to the police but later recanted, claiming she did not harm the child. During the trial, the jury determined that Moore was responsible for Avery's injuries, leading to her conviction. The jury decided on life imprisonment without parole. However, the decision included a mistake regarding jury instructions about the 85% Rule, which means that for certain crimes, a person must serve 85% of their sentence before being eligible for parole. The court found it was necessary for the jury to understand this rule to make an informed sentencing decision. Moore's trial did not provide the jury with clear information about the 85% Rule, which was important after the jury inquired about it during their discussions. This omission was deemed a significant error that likely influenced the jury's decision to impose a harsher sentence. The court ultimately affirmed Moore's conviction for First Degree Murder but ordered that her sentence be modified to allow for the possibility of parole, reflecting the guidelines that should have been communicated to the jury during the sentencing phase. The dissenting judges believed the original sentence should not have been modified, arguing that the trial followed the laws that were in place at that time and no objections had been made during the trial.