Pointing A Firearm Archives

F-2008-763

Post author:Staff
Post published:July 24, 2009
Post category:F

In OCCA case No. F-2008-763, Armand Rashawn Johnson appealed his conviction for multiple charges, including robbery with a firearm, assault with a deadly weapon, burglary, and kidnapping. In a published decision, the court decided to reverse his convictions and remand the case for a new trial. One member dissented. Johnson was found guilty by a jury and was sentenced to a total of 30 years in prison for some counts, while others had sentences ranging from 20 to 40 years. The main reasons for his appeal focused on concerns about how the jury was instructed and treated during the trial. Johnson argued that the trial court's actions could have influenced the jurors' decisions, which should be based on facts and law alone. The court agreed with Johnson on several points. It found that the trial judge's comments and guidance during jury selection were inappropriate and could have pressured the jurors into making decisions against their personal beliefs. This meant that the fairness of his trial was in question. Since the court decided to reverse Johnson's convictions, there was no need to examine the other claims he made about the evidence and the fairness of his sentence. The court emphasized that jurors should only be focused on the law and evidence presented to them and not on any frustrations that might come from court procedures. As a result, Johnson will get a new trial, where the procedures may be handled in a way that better protects his rights.

F-2007-848

Post author:Staff
Post published:December 19, 2008
Post category:F

In OCCA case No. F-2007-848, Marvis Evans appealed his conviction for robbery with a firearm, possession of a firearm after felony conviction, and pointing a firearm at another. In an unpublished decision, the court decided to affirm the convictions for robbery with a firearm and possession of a firearm but reversed and dismissed the conviction for pointing a firearm. One judge dissented. Marvis Evans was found guilty by a jury in Oklahoma County for several serious crimes. The jury decided he should spend twenty years in prison for each crime, but some sentences would be served at the same time. Evans argued that he was punished unfairly because of double jeopardy, meaning he did not think he should be tried and punished for the same act in two different ways. He also claimed there wasn't enough proof to prove he committed the crimes. The court looked at Evans's arguments closely. They found that he was guilty of robbery and possession of a firearm, and the law does allow for those two separate charges. However, they agreed that Evans was punished too harshly for pointing a firearm, which they decided to dismiss because it was too similar to the robbery charge. In the end, the court confirmed that he was guilty of robbery and possession of a firearm, but not for pointing a firearm. They ruled that the evidence against him was strong, including being caught shortly after the crime and making incriminating statements to police. Therefore, the court upheld part of his punishment but removed one conviction.

F 2004-1127

Post author:Staff
Post published:October 26, 2004
Post category:F

In OCCA case No. F 2004-1127, Charles Clarence Tiger appealed his conviction for multiple charges, including conspiracy to commit a felony and several burglaries. In an unpublished decision, the court decided to reverse and dismiss some of the charges while affirming others. One judge dissented on the reversal of the conspiracy conviction. Tiger faced a jury trial where he was found guilty of numerous crimes, including conspiracy to commit burglary, and was sentenced to serve a long time in prison. He later appealed, arguing several points, including that he didn't get a fair and speedy trial, that his lawyer didn't help him properly, and that he was punished too harshly for his crimes. The court reviewed these claims carefully. They agreed that Tiger's right to a speedy trial was not violated and that his lawyer did provide effective legal help. However, they found that two of the charges against him conflicted with each other. They decided that being punished for both burglary and robbery from the same incident was not right, so they reversed the burglary charge related to that. Additionally, the court felt there wasn't enough evidence to support Tiger's conspiracy charge, so that one was also reversed. While some of Tiger's arguments were accepted, others were rejected. The judges agreed that the remaining charges that stayed upheld were fair and within legal limits, meaning he would still have to serve his time for them. In summary, the court decided to dismiss two of the charges and keep the others, showing that while some of Tiger's claims were valid, many were not. One judge disagreed with the court's choice to dismiss the conspiracy charge, believing there was enough proof to uphold it.