Plain Error

F-2006-114

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In OCCA case No. F-2006-114, Tuydale Eugene LeFlore appealed his conviction for Second Degree Murder, Leaving the Scene of an Accident Involving Damage, and Unauthorized Use of a Motor Vehicle. In a published decision, the court decided to affirm the judgment for Leaving the Scene and Unauthorized Use of a Motor Vehicle, but modified his sentence for Second Degree Murder from sixty years to thirty years. One judge dissented regarding the modification of the sentence for the murder charge, arguing that there was no evidence that the jury considered parole during their decision.

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C 2006-497

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In OCCA case No. C 2006-497, Tommy Lee Williams appealed his conviction for Child Abuse. In a published decision, the court decided to modify Williams' sentence. One judge dissented. Tommy Williams pleaded guilty to Child Abuse, which is a serious crime involving harm to children. He was initially given a very long sentence of life in prison, but with 30 years of it suspended, meaning he wouldn't have to serve that part if he followed certain rules while on probation. The court also said he would need to follow rules as a violent offender for his whole life. Williams didn't agree with the sentence. He thought it was way too harsh. He also mentioned that the judge might have taken unproven bad behavior into account when deciding the punishment. Williams' lawyers believed that the judge had made some mistakes, so they filed a motion asking the court to let him change his guilty plea. They pointed out four main issues they thought were problems with the judge's decisions. First, they argued that the length of the sentence was surprising and excessive. Second, they felt the judge didn't check if Tommy was mentally ready to go through with the plea. Third, they claimed it wasn’t fair for the judge to make Williams be on supervision for life, as that's a long time. Fourth, they said Tommy wasn't clearly told about the potential length of his sentence and a special rule that could mean he'd have to serve 85% of his time before getting out. The court looked through all the information presented in the case. They decided that Williams' sentence was too harsh when they compared it with similar cases. They agreed that some of the reasons the trial judge gave for his decision weren't valid. Child abuse is serious, but the punishment given to Williams felt wrong to the appeals court. About the lifetime supervision, the court believed that was also not right. They then concluded that they needed to change the sentence to make it fairer. In the end, the court lowered Williams' sentence to 20 years instead of life. They said he would still need to follow rules during his time in prison, but that the earlier sentence was just too much for the crime he committed. They sent the case back to the lower court to make sure their decision was put into action.

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F-2005-471

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In OCCA case No. F-2005-471, Desiray Jaibai Allen appealed his conviction for Distribution of Controlled Substance. In an unpublished decision, the court decided to modify Allen's sentence but upheld the conviction. The judges agreed on most points, but one judge dissented. Desiray Jaibai Allen was found guilty by a jury for distributing controlled substances and was sentenced to two consecutive 20-year prison terms. During the appeal, Allen raised several arguments claiming errors during the trial. He felt that improper evidence and misconduct affected his right to a fair trial. The court reviewed all aspects of the case, including trial records and arguments. Although they found some issues with the evidence presented, they decided that these did not require a complete reversal of the conviction. However, they agreed with Allen on one point: certain irrelevant and improper documents should not have been shown to the jury. Because of this, the court reduced his sentences to 15 years for each count instead of 20. The judges discussed other claims made by Allen, such as prosecutorial misconduct and hearsay evidence, but determined that these did not seriously impact the fairness of the trial. The accumulation of errors didn't lead to a requirement for further action beyond reducing the sentences. Ultimately, while the judgment of conviction remained intact, the sentences were modified to less time in prison. Thus, the court affirmed the guilty verdict but adjusted how long Allen would need to serve for the charges.

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F-2005-859

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In OCCA case No. F-2005-859, Percy Dewayne Cato appealed his conviction for driving under the influence, driving with a suspended license, and speeding. In an unpublished decision, the court decided to affirm his convictions, but modified one of the fines. One judge dissented. Percy Cato was found guilty by a jury for three different offenses. The first was driving under the influence, which was more serious because he had two previous DUI convictions. The jury gave him a punishment that included time in prison and other conditions like treatment and community service. He was sentenced to a total of four and a half years, with some of that time suspended, meaning he would only serve three years in prison and spend time on probation afterwards. Cato claimed the instructions given to the jury about his previous DUI convictions were wrong, saying they should have been told that one of those convictions couldn't be used to give him a harsher punishment. The court found that this mistake did not harm Cato; he still received a fair punishment based on his actions. He also argued that the way his punishment was split between prison time and treatment violated the law. However, the court ruled that this was okay because the law allows for a mix of punishment and rehabilitation for DUI cases. Cato requested that the jury be told how to consider evidence showing he refused to take a breath or blood test. Although the court said this type of instruction is important, they did not find it necessary in Cato's case because he couldn't prove that it affected the outcome of his trial. In summary, the court upheld the main parts of Cato's punishment while making a small change to one of the fines. The decision was mostly in favor of maintaining his convictions, showing the court believed that the jury's decision was fair and just.

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F-2005-1150

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In OCCA case No. F-2005-1150, Kendall Dewayne Carr appealed his conviction for First Degree Robbery by Force and Fear and False Personation. In an unpublished decision, the court decided to reverse the conviction for First Degree Robbery and affirmed the conviction for False Personation. One judge dissented. Carr was found guilty by a jury in the District Court of Cleveland County. He was sentenced to 20 years in prison for robbery and 4 years for false personation, with both sentences running at the same time. Carr argued that the trial court's instruction to the jury, known as a dynamite charge, forced them to reach a decision unfairly. The court examined the entire case, including trial records and evidence. They decided that the instruction given during deliberations was coercive. This means it pressured jurors to go along with the majority without respecting their own honest beliefs. The court noted that the instruction did not tell jurors to stick to their true feelings about the case. They found that this mistake was serious enough to require a new trial for the robbery conviction. The court made this decision based on the law, stating that an accurate jury instruction is important for a fair trial. While one judge had a different opinion and thought the error wasn't as serious, the majority believed that not warning jurors to hold onto their honest beliefs could have affected the outcome of the trial. As a result, they reversed the decision on the robbery while keeping the other conviction intact.

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F-2003-1421

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In OCCA case No. F-2003-1421, Kenneth Ray James appealed his conviction for Assault and Battery on a Police Officer. In an unpublished decision, the court decided to affirm his conviction but modified the sentence. One judge dissented regarding the sentence modification. The case began when James was found guilty by a jury for assaulting a police officer. The jury decided that James should go to prison for ten years and pay a fine of $5,000. James then appealed this decision, questioning the evidence against him and whether the trial was fair. The court looked at how strong the evidence was, considering if it was good enough for a jury to decide guilt. They concluded that the evidence was strong enough for the jury to find James guilty. James argued that he did not have a fair trial because the jury was not given instructions on how to consider self-defense or lesser offenses. The court decided that the instructions were not needed because the evidence didn't support them, meaning the trial judge did not make a mistake in leaving them out. In the trial, the prosecutor made a statement during closing arguments that suggested jurors should find James guilty to serve and protect the officer involved. The court found this statement to be improper because it pressured jurors to believe they had a civic duty to side with the State. Although this was not objected to during the trial, the court recognized it as a serious mistake but didn’t think it affected the decision to find James guilty. However, the court felt the inappropriate comment might have influenced the jury's decision about the sentence. Therefore, they decided to change the punishment from ten years in prison and a fine to five years in prison without a fine. Overall, even though James's conviction was upheld, the court found a need to adjust the length of his sentence. One judge disagreed with the decision to reduce the sentence, believing there was no significant error in the original trial or sentencing.

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F-2004-874

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In OCCA case No. F-2004-874, Pierson appealed his conviction for Sexual Abuse of a Child. In an unpublished decision, the court decided to affirm the conviction but modify the sentence to thirty years of imprisonment. One judge dissented. Deitric Benard Pierson was found guilty of sexually abusing a twelve-year-old girl, referred to as L.H. The case started when L.H. told her mother that Pierson had done something inappropriate to her. She explained to her mother and grandmother that he had pulled her pants down and touched her with his private parts. There was also DNA evidence that connected Pierson to the abuse. During the trial, the girl did not testify herself, but her statements to her mother, grandmother, and a social worker were presented as evidence. Pierson argued that this was unfair because he could not cross-examine the girl, which is normally his right in court. The court decided that the girl's statements were reliable and allowed them to be presented. Pierson raised several points in his appeal. He claimed that the way jurors were chosen was unfair because some were removed based on race. He also argued that he should have been informed about how much time he needed to serve before being eligible for parole. Additionally, he felt that his sentence was too harsh and should be changed. After looking at all the issues, the court concluded that most of the problems Pierson pointed out were not strong enough to change the decision. They recognized that the failure to inform the jury about parole eligibility was a mistake and adjusted his sentence from life in prison to thirty years. However, one judge thought that changing the sentence was not correct because the jury had decided he should spend life in prison, and he felt that altering that decision disregarded the jury's authority. In summary, the court upheld the conviction but agreed to change the length of the sentence, allowing Pierson a chance for parole after serving thirty years instead of life in prison.

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F 2005-41

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In OCCA case No. F 2005-41, James Nye appealed his conviction for Manufacture or Attempted Manufacture of a Controlled Dangerous Substance (Methamphetamine). In an unpublished decision, the court decided to affirm his conviction but modify his sentence. One judge dissented. James Nye was found guilty by a jury in a district court in Grady County. The jury decided he should go to prison for sixty years for his crime. After the trial, Nye believed there were problems that made his trial unfair, so he appealed the decision. He raised six main reasons for his appeal: 1. He said there wasn't enough good evidence to prove he did the crime based on what his co-defendant said. 2. He thought the court made mistakes by allowing too much evidence that helped the co-defendant's story without being necessary. 3. He claimed that the people working for the state did things that were unfair and made the jury give him a harsher sentence. 4. He felt that some evidence presented was not related to the case and led to a higher sentence than it should have been. 5. He argued that the sentence he got was too harsh. 6. Finally, he believed that all these problems combined made the trial not fair. After looking at the evidence and the reasons presented by Nye, the court agreed that his conviction should not be changed because there was enough evidence to support the decision. However, they also found that there were issues in the trial that affected his sentence. The court recognized that while some mistakes were made, they ultimately did not affect the conviction itself. The court highlighted that the prosecutor said things that should not have been said and presented evidence that was prejudicial. The judge noted that bringing up Nye’s past in court and how long he spent in jail might have made the jury unfairly biased against him. Because of these mistakes and the belief that the original sentence was excessive, the court changed the sentence from sixty years to a new sentence of twenty years. The judges felt that this new sentence was a fairer punishment for the crime Nye committed. One judge disagreed with the amount the sentence was lowered to, suggesting it should be reduced to thirty-five years instead. In summary, James Nye's conviction is upheld, but he will now serve twenty years in prison instead of sixty because of errors made in the trial.

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F-2004-997

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In OCCA case No. F-2004-997, Johnny Freddy Locust appealed his conviction for burglary in the first degree. In an unpublished decision, the court affirmed the judgment but modified his sentence to fifteen years imprisonment. One judge dissented in part, expressing disagreement with the court's decision to modify the sentence without it being raised in the appeal. Johnny Freddy Locust was found guilty by a jury for breaking into a building without permission. He was sentenced to twenty years in prison and a fine after the trial judge decided his punishment. Locust appealed, saying that the trial had mistakes. He argued that the instructions given to the jury were wrong and that the evidence did not prove he was guilty. He also claimed his lawyer did not do a good job defending him, and that overall, the errors during the trial meant that he did not get a fair chance. During the appeal, the court looked closely at what Locust's arguments were and reviewed the evidence from his trial. They found that while there was a mistake in not giving the jury proper instructions about consent, this mistake did not change the outcome of the trial. They agreed that even though the instructions were important, Locust still had enough evidence against him to be found guilty. The court also said that even though his lawyer could have done better by not asking for the right instructions, this did not likely change the trial's final result. In the end, they decided to lower his prison sentence from twenty years to fifteen years. The judgment against him for breaking and entering remained the same, and he still had to pay the fine. One judge disagreed with the decision to change the sentence because it was not an issue brought up during the appeal, believing that the matter had been overlooked. Overall, Locust's appeal led to a shorter prison term, but his conviction still stood.

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F 2004-816

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In OCCA case No. F 2004-816, Martin appealed his conviction for several serious crimes against children. In a published decision, the court decided to affirm the convictions but modified the sentences. One judge dissented. Solly Lee Martin, Jr. was found guilty of multiple charges which included lewd molestation, attempted forcible oral sodomy, and child sexual abuse. The trial happened in Ottawa County, where he received very long sentences for these crimes, which involved terms that ranged from 10 years to life in prison. Some sentences were ordered to be served together, while others had to be served after. During his appeal, Martin claimed he was not given a fair trial. He argued that the trial judge wouldn't allow him to show evidence about the complainant's past which he thought could help his case. In another claim, he said that some testimony during the trial was unfairly negative against him and could influence the jury's decision. The court looked closely at Martin's complaints. They found that he did not properly follow the rules to show the evidence he wanted to introduce, so his first complaint was not accepted. For the second complaint, the court agreed that some of the testimony presented was error, as it talked too much about what the crime might do to the victims in the future, which is generally not allowed in these types of cases. Despite these issues, the court decided that overall, Martin's convictions would remain, but they agreed to change his sentences. Instead of them running one after the other, they made them all run at the same time. The final decision was that although the court kept the convictions, there were changes to make sure the sentences were fair.

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F-2004-971

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In OCCA case No. F-2004-971, Donald Eugene Stevenson appealed his conviction for Child Abuse. In an unpublished decision, the court decided to modify his sentence to life imprisonment. One judge dissented. Donald Eugene Stevenson was found guilty by a jury for hurting a child, which is known as child abuse. The jury gave him a very long sentence of 100 years and 3 months in prison. After he appealed, he pointed out some problems he believed happened during his trial that should lead to a new trial or a shortened sentence. Firstly, he argued that the jury saw too much information about the child's suffering, including a video that was too emotional and shouldn’t have been shown. This, he said, made the jury feel too strongly against him. However, the court found that the video was important to show how badly the child was hurt, and it helped explain what happened, so they believed it was okay to include it. Since he didn’t complain about the video during the trial, the court didn’t see any major mistake. Secondly, Stevenson said there were details about his previous crimes that shouldn’t have been shared. The court agreed that including this information was wrong because it might have made the jury think he deserved a harsher punishment than they already decided. Because of this mistake and those details from his past, the court decided to change his punishment to life in prison instead of a long stretch of years. In the end, the court said Stevenson’s conviction stood—meaning he was still found guilty—but they changed how long he would have to stay in prison. One judge didn’t fully agree with changing the sentence to life, but the majority of the judges went along with it.

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F 2004-989

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In OCCA case No. F 2004-989, John Fitzgerald Kessee appealed his conviction for First Degree Robbery. In an unpublished decision, the court decided to affirm his conviction but modify his sentence. One judge dissented. Kessee was found guilty of robbing someone and had a long history of prior convictions, which led to a heavy sentence of ninety-nine years. He claimed that there wasn’t enough evidence to support his conviction and said that the way he was tried for the second time after a mistrial violated his rights. He also argued that there were mistakes made during the sentencing that should change his punishment. After looking closely at the case and the arguments made, the court found that there was enough proof for the jury to reach a decision about Kessee’s guilt. They decided that the issues surrounding the mistrial didn’t violate his rights. However, they agreed that the way the prosecutor talked about Kessee’s past sentences was wrong and affected his right to a fair trial. As a result, the court decided to lower his sentence to forty-five years in prison instead of ninety-nine. While most judges agreed with the decision, one judge disagreed with changing the sentence, believing the jury's decision should stand as is.

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F-2004-691

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In OCCA case No. F-2004-691, Cleon Christopher Johnson appealed his conviction for multiple crimes including third-degree arson, robbery with a firearm, accessory after the fact to shooting with intent to kill, and possession of a stolen vehicle. In a published decision, the court decided to reverse the conviction for third-degree arson, but affirmed the convictions for the other charges. One judge dissented regarding the reversal of the arson conviction. Johnson was charged with serious crimes in Tulsa County and was found guilty by a jury. They gave him a total of 89 years in prison for his actions. On appeal, Johnson argued that there was not enough evidence for the arson conviction, that the robbery charge was not proven, and that there was misconduct during the trial. The court agreed with Johnson that there wasn't enough evidence to prove he committed arson, as the value of the property burned was not established. They stated that to prove third-degree arson, it's necessary to show the value of the property was at least $50. Since there was no proof of this value, that specific conviction was overturned. However, they found that there was enough evidence to support the robbery conviction. The jury was able to conclude that Johnson played an important role in that crime. On the point of prosecutorial misconduct, the court mentioned that Johnson's attorney did not object at trial, which limited their review. The comments made during the trial were not serious enough to be considered a significant error. So, the final decision was to reverse the third-degree arson conviction and send it back for dismissal, while upholding the other convictions against Johnson. One judge thought that the evidence was strong enough to support the arson conviction and disagreed with the reversal.

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F-2004-410

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In OCCA case No. F-2004-410, Twyla Tanner appealed her conviction for Embezzlement by Bailee. In an unpublished decision, the court decided to affirm the conviction but modify the sentence from forty-five years to twenty years of imprisonment. One judge dissented regarding the sentence modification. Twyla Tanner was found guilty after a jury trial. The court had to decide on several issues raised by Tanner regarding her trial, including errors in denying her motion for a new trial, not allowing a witness to testify, the sufficiency of evidence, the length of her sentence, and whether all of these issues combined affected her right to a fair trial. The court determined that the trial judge made the right choices in handling these issues. They agreed that Tanner’s request for a new trial was not given because it was late. They also supported the judge's decision to prevent a witness from testifying because Tanner did not follow the rules for sharing her evidence in time. The court found enough evidence for the jury to decide she was guilty of stealing. However, they thought that the original sentence of forty-five years was very harsh for the crime and the situation. They changed it to twenty years in prison after considering the facts, including that she did not cause any damage and returned the vehicle she was accused of embezzling. One judge disagreed with reducing Tanner's sentence, believing that the jury's decision was justified based on her past criminal record and that the prosecution's comments during the trial did not unfairly influence the jury.

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F-2004-939

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In OCCA case No. F-2004-939, the appellant appealed his conviction for manufacturing methamphetamine and possession of methamphetamine with intent to distribute. In an unpublished decision, the court decided to modify the sentences for both convictions to seven years each, affirming the judgment in other respects. One judge dissented.

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F-2004-110

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In OCCA Case No. F-2004-110, Kelly Dallas Evans appealed his conviction for Burglary in the Second Degree and Possession of Burglary Tools. In a published decision, the court decided to affirm his convictions and sentences, although they modified the fine for the possession of burglary tools. One justice dissented. Evans was found guilty by a jury of burglary after they considered his past felony convictions. The jury recommended a life sentence for the burglary and a one-year jail sentence for having burglary tools, along with a fine. Evans argued that the prosecutor made unfair comments about his silence during the trial, that his life sentence was too harsh for a property crime, and that the fine for the misdemeanor was too high. The court examined Evans' complaints. They noted that his claims about the prosecutor’s comments were not raised during the trial, meaning they were looked at carefully for any major mistakes. They found that the prosecutor's remarks did not directly point to Evans not testifying but were more about the weak defense he presented. On the issue of his life sentence, the court recognized that it seemed severe, but they upheld it based on Evans' criminal history, saying it did not shock their sense of fairness. Regarding the fine for possession of burglary tools, the court agreed it was too high and decreased it to the correct maximum amount. In summary, the court confirmed Evans' long prison term for the burglary but changed the fine for the other charge.

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F-2004-907

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In OCCA case No. F-2004-907, David Wayne Robbins appealed his conviction for the Manufacture of a Controlled Dangerous Substance, Possession of a Firearm After Former Felony Conviction, and Possession of Drug Paraphernalia. In a published decision, the court decided to affirm his convictions but modify his sentences to fifty years for each of the first two counts, which would be served one after the other. One member of the court dissented.

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F-2004-368

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In OCCA case No. F-2004-368, an individual appealed his conviction for multiple counts of sexual crimes against his daughter. In a published decision, the court decided to affirm the convictions for Second Degree Rape, Forcible Sodomy, and Second Degree Rape by Instrumentation, but reversed the conviction for Lewd Molestation. One judge dissented on the Forcible Sodomy count. Tommie Loyd Payne was charged with numerous sexual offenses in Muskogee County, with the jury acquitting him of 97 counts but convicting him on 4. The court sentenced him to a total of 70 years in prison, with some sentences to be served one after the other. Payne raised several issues on appeal. He argued that the conviction for Forcible Sodomy violated double jeopardy because the jury instructions blended different elements of the crimes, which could have led to a wrongful conviction based on the same actions. However, the court found that the jury's understanding of the separate charges made this error negligible, so the convictions stood. He also contended that Lewd Molestation should not be punished because it was a lesser included offense of Rape by Instrumentation. The court agreed that both charges referred to the same act, which violated the prohibition against double jeopardy, resulting in the reversal of the conviction for Lewd Molestation. Finally, Payne pointed out that the trial court did not complete a pre-sentence investigation before sentencing, which was a mandatory requirement. However, the lack of this investigation was found to be a harmless error. Overall, the court upheld the serious convictions against Payne while addressing significant legal standards regarding double jeopardy and trial procedures.

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F-2004-63

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In OCCA case No. F-2004-63, Joshua Lee Masters appealed his conviction for Rape by Instrumentation. In an unpublished decision, the court decided to affirm his conviction but remanded the case for resentencing and correction of the Judgment and Sentence. One judge dissented. Joshua Lee Masters was found guilty after a bench trial in Bryan County. He was sentenced to ten years in prison, with the last five years of his sentence suspended under probation conditions. He appealed his conviction, claiming that the evidence was not enough to prove he was guilty of Rape by Instrumentation. He argued that the victim was not unconscious of what was happening, and he was sentenced incorrectly under the penalty for First Degree Rape when his actions should have been classified as Second Degree Rape. The court carefully reviewed the case and the arguments made. They explained that Rape by Instrumentation happens when the victim does not understand what is happening, and the person committing the act knows about it. In this case, the victim was confused because she thought the attacker was someone else. The court agreed with this argument and found enough evidence for the conviction but noted a mistake in how the sentence was given. Since the State didn’t prove special circumstances needed for the higher First Degree Rape charge, the punishment range was incorrect. The court said this was a clear error. This meant the case needed to go back to the lower court to adjust the sentence so it matched the correct punishment for Second Degree Rape by Instrumentation. In summary, while Masters' conviction stood, the sentencing part was sent back for correction.

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F 2003-196

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In OCCA case No. F 2003-196, Joe Dean Meadows appealed his conviction for First Degree Murder. In an unpublished decision, the court decided to reverse the conviction and remand for a new trial. One member of the court dissented. Joe Dean Meadows was tried for First Degree Murder after a jury found him guilty. The trial took place in Oklahoma County District Court, and the jury decided he should be sentenced to life in prison. After the trial, Meadows appealed the decision because he believed there had been many mistakes. He claimed several things went wrong during his trial: 1. Meadows argued that there was not enough proof to show he was guilty of First Degree Murder. 2. He said that his statements to the police should not have been allowed in court because they were taken after an illegal arrest, and he did not receive proper warnings about his rights. 3. He also believed he could not question his co-defendant's confession, which mentioned him as guilty. 4. He thought his lawyer did not do a good job defending him. 5. Finally, he claimed that all the mistakes together meant he did not get a fair trial. The court looked carefully at all the claims made by Meadows. They agreed that allowing his co-defendant's confession was wrong because it violated his right to confront the witness against him. A law called the Sixth Amendment gives people the right to question witnesses during their trial, and this was not respected in Meadows' case. The court also agreed that Meadows should have received warnings about his rights before speaking to the police. They found that the police did not follow proper procedures, so his statements should not have been used in the trial. The judges felt that the combination of these two mistakes could have affected the outcome of the trial and made it unfair. They decided that Meadows should get a new trial because these errors were serious. Since the court reversed the conviction, they did not consider the other arguments Meadows made. In conclusion, the court's decision meant Meadows would have another chance to prove his case in a new trial. The dissenting judge thought the trial court had correctly allowed Meadows' confession to be used, but agreed the co-defendant's statement was a problem that needed to be fixed.

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F 2003-189

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In OCCA case No. F 2003-189, James Dean Meadows appealed his conviction for First Degree Murder. In an unpublished decision, the court decided to reverse and remand the case for a new trial. One judge dissented. James Dean Meadows was found guilty of First Degree Murder by a jury. The trial took place in Oklahoma City from February 10 to 18, 2003. The jury decided that he should spend life in prison for his crime. After being sentenced on February 21, 2003, Meadows appealed, bringing up five issues he believed were wrong with the trial. One of the key issues was about how his videotaped statement to the police was collected. Meadows argued that the police violated his rights by not properly informing him of his right to remain silent before they questioned him. He claimed that he was not voluntarily giving his statement, as he was taken from his home by police with guns drawn, and they did not tell him he was under arrest at the time. The police later interviewed him at their station, where they pressured him to admit his involvement in the crime. The court found that Meadows was indeed not free to leave when the police took him from his home, which meant that he was effectively under arrest without being formally informed. Because of this illegal seizure, the court ruled that his confession to the police could not be used as evidence against him. The court stated that such a confession was obtained without the rights requiring a formal warning being given to Meadows. Since the court decided that Meadow's confession was not admissible, the judgment against him was reversed, meaning he would have to be tried again. Because of this decision, the other issues raised in the appeal were not considered. In summary, the court determined that James Dean Meadows should have a new trial because the way the police obtained his confession was illegal and violated his rights.

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F-2002-1511

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In OCCA case No. F-2002-1511, Helen Rosson appealed her conviction for Unlawful Delivery of a Controlled Drug. In an unpublished decision, the court decided to affirm the judgment but modify the sentence to ten years' imprisonment. One judge dissented, suggesting the sentence should only be reduced to forty-five years, not ten. Rosson was convicted after a jury trial where she was sentenced to fifty years and a large fine. She raised several issues on appeal, including being punished twice for a single event, the unfair introduction of other crimes evidence, prosecutorial misconduct, and the excessive nature of her sentence. The court found her convictions did not violate double jeopardy laws, noted that the evidence of other crimes should not have been included, but concluded that it did not unfairly influence the jury's decision on guilt. The sentence was modified due to the impact that the inadmissible evidence had on the jury’s sentencing decision.

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F-2002-1546

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In OCCA case No. F-2002-1546, David Jewel Newton appealed his conviction for First Degree Rape, After Former Conviction of Two or More Felonies. In an unpublished decision, the court decided to reverse the judgment and sentence and remand the case for a new trial. One judge dissented. David Jewel Newton was found guilty by a jury in Tulsa County and was given a very long sentence of 458 years in prison. He said he did not get a fair trial because there were some biased jurors. Mr. Newton’s lawyer did not properly challenge a juror who was a police officer and should not have served on the jury. The court agreed that this was a mistake and that Mr. Newton's lawyer did not do his job well in defending him. Since the jury should have been fair, the court decided that Mr. Newton deserves a new trial where he can be tried by a new set of jurors who are fair and not biased. The dissenting opinion said that the jurors who were chosen in the trial were impartial and that there was no reason to order a new trial because the rules about jurors were being misunderstood.

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F-2002-613

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In OCCA case No. F-2002-613, Muhajir A. Sango appealed his conviction for Unlawful Possession of a Controlled Dangerous Substance with Intent to Distribute, after Former Conviction of Two or More Drug Felonies. In an unpublished decision, the court decided to affirm the conviction but reversed the sentence and remanded the case for resentencing. One member of the court dissented. Sango was found guilty by a jury and sentenced to thirty years in prison and a fine of $10,000. He raised several arguments on appeal. He claimed that evidence showing his gang affiliation was irrelevant and unfairly influenced the jury. He also argued that his lawyer did not properly object to this evidence, which made his legal representation ineffective. Lastly, he believed the jury was given incorrect information about his possible sentence. Upon reviewing the case, the court agreed that there was an error in the jury instructions concerning the punishment range for habitual drug offenders. The court concluded that the jury was mistakenly told that the minimum sentence was twenty years instead of the correct ten years. Despite agreeing with some of Sango's concerns, the court found that the introduction of gang-related evidence did not significantly impact the jury's decision, and the arguments about ineffective assistance did not hold up. As a result, his conviction was upheld, but the court mandated that the sentencing should be redone to correct the earlier mistake.

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F 2002-869

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In OCCA case No. F 2002-869, Bennie Jay Edwards, Jr., appealed his conviction for Concealing Stolen Property and Breaking and Entering. In an unpublished decision, the court decided to affirm the convictions but modified the sentence for Concealing Stolen Property to ten years imprisonment. One member of the court dissented. Bennie Jay Edwards, Jr. was found guilty in a trial that took place in May 2002. The jury decided he should go to prison for 30 years for the first crime, which was concealing stolen property, and one year for the second crime, which was breaking and entering. These sentences were set to happen at the same time, meaning he would serve the longest one. After the trial, Edwards appealed, saying that there were mistakes during the trial and that he did not get a fair chance to defend himself. His lawyers said the jury was told the wrong information about how long he could be sentenced for his crime of concealing stolen property. The proper punishment should have been four years to life in prison, but the jury was told it could be no less than 20 years. After looking into the issues raised by Edwards, the court decided that he did not lose his chance for a fair trial because of the mistakes that were made about the instructions. However, they agreed that the jury was given the wrong information about the punishment for his first conviction. Because of this error, the court changed the sentence for his first conviction from 30 years to 10 years. The second conviction remained the same. The court explained that even though there were some mistakes, they did not think those mistakes were serious enough to change the conviction itself, just the sentence. In the end, the court found Edwards guilty but reduced his punishment for one of the crimes due to the trial mistakes related to jury instructions.

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