Pre-Arrest Silence Archives

F-2005-1193

Post author:Staff
Post published:March 27, 2007
Post category:F

In OCCA case No. F-2005-1193, Tamara Marine Davis appealed her conviction for Accessory to Felony Murder in the First Degree. In an unpublished decision, the court decided to affirm the conviction but modified the sentence to twenty-five years of imprisonment. One judge dissented regarding the sentence modification. Davis was found guilty of helping her husband after a murder had occurred. She assisted him in hiding evidence and lying to the police. At her trial, Davis presented several arguments for why her conviction and sentence should be overturned. First, she claimed that there was not enough evidence to prove she was guilty of being an accessory after the fact. The court disagreed, ruling that her actions showed she knew the victim was dead when she assisted her husband in getting rid of the victim's belongings and fleeing the state. Second, she argued that the jury heard improper information concerning her probation and parole history, which made them biased against her. However, the court noted that this information was raised by Davis herself to show the witness's bias, so it did not warrant reversal of the conviction. Third, she contended that misconduct by the prosecutor deprived her of a fair trial. The court found that while there were some issues with the prosecutor's questions, they did not significantly affect the outcome of the trial. Davis also claimed she received ineffective assistance from her attorney. The court found that the lawyer's performance was acceptable and that Davis could not show any harm resulting from their actions. Furthermore, she believed the introduction of some irrelevant evidence was unfair. However, the court determined that the evidence did not unduly sway the jury's decision. Davis argued the length of her sentence was too harsh compared to her involvement in the crime, and the court agreed, reducing her sentence from forty years to twenty-five. Lastly, the court found no cumulative errors that would necessitate a different result in the trial. Thus, while the court affirmed the conviction, it took action to lessen the punishment given to Davis.

F-2001-1514

Post author:Staff
Post published:March 20, 2003
Post category:F

In OCCA case No. F-2001-1514, Montain Lamont Maxwell appealed his conviction for Robbery with Firearms. In an unpublished decision, the court decided to reverse the conviction and remand for a new trial. One judge dissented. Montain Lamont Maxwell was tried by a jury and found guilty of robbery using a firearm. The jury decided he should be sentenced to 20 years in prison. Afterwards, he appealed his conviction, saying there were problems during his trial. First, Maxwell claimed the prosecution said things that made it seem like he was guilty for not speaking up during the trial. This goes against his right to remain silent, a protection given by the U.S. Constitution. He argued that the prosecutor asked improper questions and made unfair comments about his silence before and after his arrest. Second, Maxwell said the way he was identified as the robber wasn't reliable, and he argued that the trial court should have told the jury to be careful about believing eyewitness accounts. He also argued that there wasn’t enough evidence to prove he committed the robbery with a dangerous weapon. Finally, Maxwell said his lawyer didn’t help him enough during the trial, which violated his rights. The court took a close look at all the problems raised by Maxwell. They found that the prosecution had indeed made mistakes regarding his right to stay quiet. They commented unfairly about his silence, which might have led the jury to think he was hiding something. The court also noted that the evidence against Maxwell came down to conflicting stories between him and the victim. The jury had a hard time reaching a decision and sent many notes during their deliberation. Because of the unfair treatment regarding his silence and the lack of a proper defense from his lawyer, the court decided these issues were serious enough that they couldn't ignore them. In the end, the court reversed Maxwell's conviction and ordered a new trial to make sure he gets a fair chance to defend himself.

F-1999-1293

Post author:Staff
Post published:January 4, 2001
Post category:F

In OCCA case No. F 99-1293, #1 appealed his conviction for #4 counts of Lewd Acts with a Child. In an unpublished decision, the court decided #3 counts were affirmed and #1 count was reversed and remanded with instructions to dismiss. #0 dissented. #1, William Dean Carter, was found guilty in a jury trial after being accused of committing inappropriate acts against children. These acts happened a long time ago, but the case took a while to come to court. Carter was sentenced to several years in prison for his crimes. Carter claimed that his rights were violated during the trial. He said he should not have been charged because the time limit for bringing the case to court had passed. He also argued that the prosecution made unfair comments during the trial and that he did not get a fair chance to defend himself. The court looked closely at all the details of the case. They found that for two of the counts against Carter, the prosecution was valid, but for the other two, the time limit had expired. Because of this, those two counts were dismissed. The judges felt that the evidence against Carter was strong enough for some of the charges, even if there were some errors during the trial. In conclusion, the court said that two of Carter's convictions would stay, but the other two would be thrown out and should not continue in court.