Prejudicial Effect

F-2021-211

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In OCCA case No. F-2021-211, Michael Ray Dawkins appealed his conviction for assault and battery with a deadly weapon, felon in possession of a firearm, and maiming. In an unpublished decision, the court decided to affirm the conviction for assault and battery with a deadly weapon and felon in possession of a firearm but reversed the conviction for maiming and instructed to dismiss it. A dissenting opinion was not noted. The case involved a jury trial where Dawkins was found guilty on all counts after shooting a woman named Krystal Traylor. He received a sentence of 45 years for the assault and battery, 25 years for the firearm possession, and another 45 years for the maiming, with some sentences running concurrently and others consecutively. Dawkins raised several claims on appeal, including that his constitutional right to an attorney of his choice was violated, that he faced double punishment for the same act, and that there were errors in admitting certain evidence during his trial. Upon review, the court concluded that the trial court did not abuse its discretion when it denied Dawkins's request for a new attorney, as he did not provide valid reasons for wanting to change lawyers. It was also determined that Dawkins’s convictions for assault and battery and maiming stemmed from a single act, which should not result in multiple punishments. Therefore, the court reversed the maiming conviction. Further, the court found that the identification of Dawkins by the victim was correctly admitted as evidence, dismissing the hearsay claim. Dawkins's assertions about prior bad acts being admitted were also rejected, as they were deemed relevant and essential for establishing motive and intent. The court noted that a limiting instruction had been provided to jurors, mitigating concerns over the impact of these past acts. Finally, regarding Dawkins's claim for a speedy trial violation, the court found that the delays were mainly attributable to him or his defense strategies, concluding that he was not prejudiced by the delay. Overall, most of Dawkins's claims were denied, leading to the affirmation of his main convictions and the reversal of the maiming charge.

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S-2019-242

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In OCCA case No. S-2019-242, the State of Oklahoma appealed Wesley Warren Peritt Weaver, II's conviction for Sexual Abuse of a Child Under 12. In an unpublished decision, the court decided to affirm the trial court's ruling that denied the State's request to introduce evidence of the defendant's prior sexual offenses as propensity evidence. One judge dissented. This case started on January 5, 2017, when the defendant, Weaver, was charged with sexually abusing his daughter, A.W., from 2011 to 2016. During a preliminary hearing, A.W. claimed that her father abused her and shared this information with her mother. The case involved testimonies from both A.W.'s mother and a forensic interviewer who assessed A.W. The State later sought to present evidence of previous sexual offenses allegedly committed by Weaver against another child, A.A., to demonstrate a pattern of behavior. A.A. testified that Weaver had molested her several years earlier. However, during a hearing, the trial court decided not to allow this evidence, stating that its probative value was less than the potential for unfair prejudice against Weaver. The State of Oklahoma appealed this ruling. They argued that the trial court made an error in not permitting the sexual propensity evidence, which could provide context for Weaver's behavior in the current case. The appellate court looked closely at the details of the case and the rules surrounding the admissibility of such evidence. Ultimately, the appellate court ruled to affirm the trial court's decision, meaning that the prior offense evidence would not be allowed during the trial against Weaver. The court concluded that the trial court's decision was reasonable and did not abuse its discretion. They found solid reasoning in the trial court's assessment of the evidence's relevance versus its potential negative impact on the jury's perception. One judge disagreed with the majority opinion, believing that the trial court had not fully considered the nuances of the sexual propensity laws and had conflated different types of evidentiary standards. This dissenting opinion emphasized the importance of acknowledging the differences between types of evidence when it comes to sexual offenses. In short, the case involved serious allegations against Weaver regarding his daughter, and while the State attempted to build a strong case by including prior incidents, the court ultimately felt that allowing such evidence would not be appropriate during the trial.

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F-2018-248

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In OCCA case No. F-2018-248, Mosi Abasi Dennis appealed his conviction for first degree murder and conspiracy to commit robbery with a dangerous weapon. In an unpublished decision, the court decided to affirm the verdict. One member dissented. Mosi Abasi Dennis was found guilty by a jury of first degree murder and conspiracy related to a robbery. The jury sentenced him to life in prison without the possibility of parole for the murder and ten years for conspiracy, with both sentences to be served one after the other. Dennis was involved in a plan to rob Antonio Walker. He and others went to Walker's house under the false pretense of purchasing drugs. When they arrived, Dennis refused to abandon the plan, even when it became clear that others were present in the house. Things escalated, and during the robbery attempt, Dennis shot Walker's father, Kenneth, who had entered the room to see what was happening. On appeal, Dennis raised several arguments. First, he claimed that there was unfair treatment in jury selection because a minority juror was removed while a white juror, who had similar issues, was allowed to stay. The court found no evidence of racial bias and held that the reasons given for removing the juror were fair. Second, Dennis argued that the prosecution made unfair comments during closing arguments, asking jurors to sympathize with a co-conspirator. The court ruled that this did not unfairly influence the jury as the statements were part of explaining the witness's behavior. Third, he contested the admission of graphic photographs of the victim, believing they were too prejudicial. The court decided that the images were relevant to the case and helped explain the events that unfolded during the crime. Dennis also claimed that the evidence presented was not enough to prove his guilt beyond a reasonable doubt. However, the court disagreed, stating that the evidence adequately demonstrated that Dennis shot the victim during the robbery. Furthermore, Dennis believed he should have been given instructions for a lesser offense of second-degree murder, but the court found that there was no solid evidence supporting such a charge. Finally, Dennis argued that the combination of errors during the trial warranted a reversal of the conviction. The court concluded there were no significant errors that would have affected the trial's outcome. The court ultimately upheld the conviction and sentencing, stating that there were no legal errors that warranted overturning the jury’s decision.

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F-2017-710

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In OCCA case No. F-2017-710, Alex Moore appealed his conviction for Murder in the First Degree. In a published decision, the court decided to affirm his conviction. One judge dissented. Alex Moore was accused of killing his cellmate, Todd Bush, in a prison. On the evening of March 6, 2014, while they were locked in their cell, an officer checked on them but did not enter the cell. Later, another officer found Moore with Bush on the floor and called for medical help. Despite efforts from medical staff, Bush was pronounced dead at the hospital. Moore claimed Bush had fallen while drinking, but the investigation revealed signs of a struggle and injuries that suggested he had been attacked. The medical examiner determined that Bush died from strangulation and that the injuries were not consistent with a fall. During the trial, the prosecution introduced evidence of Moore's previous assaults on other inmates as part of their case, arguing that these incidents showed he had a pattern of violent behavior. The defense argued that Bush's death could have been accidental. The trial court allowed photographs of the victim's injuries to be presented as evidence, despite Moore's objection that they were too gruesome. The court ruled that these images were relevant to the evidence and helped to prove how Bush died. Moore also raised concerns about the prosecution's statements during jury selection and whether he had been informed of his right to testify. The court ruled that the prosecutor's comments were within proper bounds and that there was no requirement for a formal acknowledgment of Moore's right to testify. Overall, the appeals court found no legal errors significant enough to reverse the trial court's decision, affirming Moore's conviction for murder.

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F-2017-902

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In OCCA case No. F-2017-902, Kaylin Mixon appealed his conviction for Second Degree Depraved Mind Murder. In an unpublished decision, the court decided to affirm the conviction and uphold the sentence. One judge dissented. Kaylin Mixon was found guilty by a jury and was sentenced to 30 years in prison, along with a $100 fine. Mixon argued that his trial was unfair for three reasons. First, he believed that the jury should have been individually asked about their verdict to ensure all members agreed. However, the court found that since no one complained during the trial, there was no clear error. They determined that the jury's agreement was evident enough without needing to poll each member individually. Second, Mixon contended that photos from the autopsy shown at trial were too upsetting and should not have been allowed as evidence, claiming they were not necessary since the cause of death was not disputed. The court ruled that the photos were relevant to the case and helped to explain the details of the crime, so the inclusion of the photos did not unfairly influence the jury. Lastly, Mixon challenged the $100 fine imposed by the judge, arguing that it wasn’t proper since the law didn’t specifically mention a fine for his type of conviction. However, the court referenced past rulings that allowed judges to impose fines in felony cases, concluding that the fine was valid. After reviewing these issues, the court found no substantial errors that would warrant a new trial or change in the sentence. Therefore, they affirmed the original decision and the appeal was denied.

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S-2017-986

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In OCCA case No. S-2017-986, Simms appealed his conviction for First Degree Murder. In an unpublished decision, the court decided to affirm the trial court’s ruling to exclude certain evidence. One judge dissented. The case involved Simms being charged with two counts of First Degree Murder. Before the trial started, he asked the court to keep out certain video and photographs from the trial. He felt these images were too gruesome and could unfairly influence the jury against him. The judge held a hearing to discuss this issue. During the hearing, the judge decided to exclude the officer’s body camera video, which showed the crime scene where one of the victims was struggling for her life. The judge felt the video was unnecessarily graphic and did not provide any new important information that could not be shown in a different, less disturbing way. The State of Oklahoma disagreed with this decision and appealed, arguing that the trial court made a mistake by not allowing the video to be shown in court. However, after reviewing the case, the court upheld the trial judge's decision. They concluded that there was no misuse of discretion when the judge decided to keep the video out, as it could be too disturbing for the jury and did not add significant information to the case. The Oklahoma Court of Criminal Appeals confirmed the lower court's decision to exclude the evidence, meaning that Simms' conviction stood as initially determined. The judges also noted that one judge disagreed with the decision, but the majority agreed with the ruling to keep the gruesome video out of the trial.

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F 2015-121

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In OCCA case No. F 2015-121, the appellant appealed his conviction for first-degree manslaughter. In an unpublished decision, the court decided to affirm the judgment of the district court, but vacated the sentence and remanded the case for resentencing. One judge dissented. The case involved Erica Lashon Harrison, who was accused of murder but was convicted of the lesser charge of first-degree manslaughter. The jury sentenced her to 25 years in prison and a fine of $10,000. Harrison raised multiple issues on appeal. She argued that the state did not prove she was not acting in self-defense, that improper evidence was allowed, and that she did not have proper legal representation. The court reviewed the case and found that the evidence supported the jury's verdict. They determined Harrison's claim of self-defense could not stand as there was not enough evidence to show she was in danger. The court noted that while some incorrect evidence was introduced, it did not affect the conviction. However, they decided that the sentence should be vacated and the case sent back for resentencing due to the improper character evidence brought up during the trial. The judges concluded that this error needed to be addressed, even if the earlier convictions were proper. The opinion recognized that although some arguments made by Harrison were valid, overall, the court found her conviction was supported by overwhelming evidence. The dissenting judges believed the error did not have a significant impact on the jury's decision. They argued that the sentence should not be changed since the evidence clearly proved guilt, even if procedural mistakes were made during the trial. Overall, the court upholds the conviction but sends the case back for a new decision on sentencing. The judges agreed on the main decision, while differing on whether the sentence change was necessary.

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F-2014-931

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In OCCA case No. F-2014-931, Jeffrey Tallon appealed his conviction for First Degree Rape by Instrumentation and Aggravated Assault and Battery. In an unpublished decision, the court decided to affirm the convictions but reversed the sentences and ordered resentencing. One judge dissented.

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S-2013-483

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In OCCA case No. S-2013-483, the defendant appealed his conviction for various crimes involving minors, including sodomy, lewd acts, and sexual battery. In an unpublished decision, the court decided to deny the State's appeal regarding the exclusion of certain evidence. One judge dissented from this decision. Thomas Bradley Porton was charged with serious crimes against children. The crimes included sodomy and other lewd acts, as well as providing alcohol to minors and possessing indecent photographs. These charges were based on incidents that occurred in McCurtain County. During the pretrial, the State wanted to use photographs found on Porton's computer as evidence. However, the judge ruled that these photographs could not be used in court. The State believed that the photos were important to prove their case against Porton. They argued that the photographs showed a pattern of behavior that related to the crimes he was charged with. The State appealed the judge's decision to keep the photographs out of the trial. They said that their ability to prove Porton's guilt was greatly affected without this evidence. The law allows the State to appeal when evidence is excluded if it is believed to be in the interests of justice. However, the court found that the State did not show that the photographs were a critical part of the evidence needed to prove the case. Because of this, the appeal was denied, meaning the photographs would not be part of the trial. The ruling pointed out that the trial judge had looked closely at the case and had reasonable grounds to decide that the photographs were not relevant or that their potential to cause unfair problems outweighed their usefulness as evidence. One judge disagreed with the majority opinion. He felt that the photographs should not have been excluded because they could help prove Porton's motive and intent regarding the charges. He argued that evidence of other actions taken by the defendant should have been considered, especially since there were connections between the photographs and the charges against Porton. In summary, the court upheld the lower court's decision to exclude the evidence, impacting the State's case against Porton, while one judge believed this decision was incorrect and would have allowed the evidence.

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F-2011-480

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In OCCA case No. F-2011-480, Huyen Ai Thi Tran appealed his conviction for perjury. In a published decision, the court decided to remand the case for correcting the fine but otherwise affirmed the conviction. One judge dissented. Ms. Tran was found guilty of perjury by a jury and was sentenced to ten years in prison, with three years to be served. Ms. Tran raised several issues in her appeal. She claimed that evidence from other crimes unfairly influenced the jury, which made her trial unfair. She argued that the trial court mentioned she was in custody for an unrelated matter and that her co-defendant talked about other crimes during the trial. However, the court found these issues did not have significant impact. She also argued that the prosecutor asked questions that brought up evidence about other crimes without proper warning, but the court decided these errors didn’t affect the outcome. Ms. Tran argued that her right to remain silent was violated when the jury heard that she had refused to answer questions in a previous case. The court noted that the trial judge intervened and instructed the jury to ignore that testimony. Another point Ms. Tran made was about her lawyer's failure to challenge a juror who was a police officer. Ms. Tran’s lawyer did not pursue this challenge, but the court found that it was not a serious issue since the juror was not working in law enforcement at the time of the trial. Ms. Tran then pointed out that the fine noted in the final judgment was different from what the court initially stated during sentencing. The court agreed to correct this mistake. Lastly, Ms. Tran suggested that all these issues combined created a harmful effect on her case. However, the court concluded that any significant errors were not enough to change the trial’s outcome due to strong evidence against her. The final decision required the correction of the fine in the records, but the conviction for perjury was largely upheld.

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F-2008-1095

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In OCCA case No. F-2008-1095, the appellant appealed his conviction for First Degree Rape. In an unpublished decision, the court decided to modify his sentence from life imprisonment to forty-five years due to prosecutorial misconduct and the admission of excessive photographic evidence. One judge dissented, arguing that the initial conviction and sentence should have been upheld.

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F-2007-909

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In OCCA case No. F-2007-909, Val Wilkerson appealed his conviction for Rape by Instrumentation. In an unpublished decision, the court decided to affirm the judgment but modified his sentence from thirty years to fifteen years imprisonment. One judge dissented. Val Wilkerson was found guilty by a jury in Haskell County for a serious crime. The jury decided on a punishment of thirty years in prison. After the trial, Wilkerson felt that things went wrong and he raised several points to appeal. First, he argued that the State used too much unfair evidence from other incidents that made him look bad. He thought this made the trial unfair. Second, he believed it was wrong for the prosecutors and police to mention that he had stayed quiet when asked questions. Third, he said the court did not give the jury the correct instructions. Lastly, he claimed that all these mistakes together made his trial unfair. The Court looked over everything carefully and agreed that the way other crimes were presented was a problem. They found that even though some earlier actions of Wilkerson were similar to what he was accused of, the older incidents happened a long time ago and should not have been brought up so much in his trial. The Court determined that while some bad evidence was allowed, the main evidence against Wilkerson was enough for the jury to find him guilty. However, the additional bad evidence likely influenced the length of the sentence because the prosecutor asked the jury to consider these past actions when deciding on punishment. Since the Court believed that the jury was distracted by this unfair evidence while deciding on the punishment, they changed the sentence to fifteen years instead of thirty. They also concluded that other issues raised by Wilkerson either did not affect the trial’s fairness or were fixed by the trial court’s instructions. In summary, the court upheld the conviction but agreed that the punishment was too harsh and lowered it. One judge disagreed and believed the case should be tried again.

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F-2006-348

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In OCCA case No. F-2006-348, Charles Terrell appealed his conviction for Lewd Molestation. In an unpublished decision, the court decided to affirm the conviction but modified his sentence from twenty years to ten years. One judge dissented. Charles Terrell was found guilty by a jury for molesting a young girl. The jury decided he should spend twenty years in prison. During the trial, evidence about other crimes was brought up, which included testimony from Terrell's former step-daughter who said Terrell had abused her too. Terrell argued that this testimony was unfair and should not have been allowed, as it could make the jury think he was guilty of more than just the crime he was accused of in this case. The court agreed that mentioning the other crimes was not handled well, as it wasn't properly limited. However, they also believed the main evidence from the victim in this case was strong and enough to show he was guilty. They found that allowing the other testimony did not change the fact that Terrell was guilty, so his conviction stood. On the topic of his sentence, the court thought about how the other crimes evidence might have led the jury to give him a much longer sentence than they would have otherwise. Because of this, they decided to reduce his sentence to ten years instead of twenty. The court concluded that the main evidence was solid, but the details about his past accusations were overly prejudicial and affected the severity of his punishment. The judge also noted that a photograph of the victim was properly allowed into evidence and was not seen as too harmful. In the end, while the conviction remained, the court decided to lessen the time Terrell would spend in prison, trimming it down to ten years.

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F-2003-1278

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In OCCA case No. F-2003-1278, James Lorenzo Devers appealed his conviction for Inducing a Minor to Engage in Prostitution and Indecent Proposal to a Child. In an unpublished decision, the court decided to affirm the convictions with some modifications. One judge dissented. Devers was tried in Tulsa County and found guilty of multiple charges involving sexual misconduct with teenage boys. The jury sentenced him to life imprisonment with fines after considering testimonies from three victims who claimed Devers offered them money to perform sexual acts. Despite some conflicting details regarding the timing of his proposal, the evidence against Devers was strong, including his own confession about some of the offenses. The appeal included several arguments. One claim was about the trial court's decision not to separate the charges for trial. The court maintained that the offenses were connected and reflected a consistent pattern of behavior, justifying their joint consideration. The court found no prejudice in trying the counts together. Devers also argued the jury was given incorrect instructions regarding the punishment for his indecent proposal charge. However, the court noted that the error did not change the outcome since he would have received the same sentence even under the correct guideline. Another point of appeal was regarding whether the jury was informed about parole eligibility. The court ruled the instructions were appropriate since the charges in question did not include those that required serving a certain percentage of the sentence before being eligible for parole. The court acknowledged that there was a mixing of punishment provisions in the instructions but decided any fines would be adjusted because of that error. Ultimately, after reviewing all claims, the court upheld the convictions but modified the fine amount for Devers' offenses. The judgment was affirmed with modifications, while one judge expressed disagreement with some aspects of the decision.

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F-2002-9

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In OCCA case No. F-2002-9, Amy Michelle Green appealed her conviction for Possession of a Controlled Dangerous Substance and Possession of Drug Paraphernalia. In an unpublished decision, the court decided to affirm the judgment and modify the sentence. One judge dissented regarding the modification of the sentence. Amy was found guilty after a trial where the jury decided that she was guilty of having illegal drugs and drug-related items. The jury decided her punishment should be ten years in prison for the drugs and one year for the drug paraphernalia. The judge in the trial court ordered that she serve these sentences one after the other, making it a total of eleven years. Amy argued that there were mistakes made during her trial that made her punishment too severe. One big issue was that a day planner with a graphic photo of her was accepted as evidence, even though it was meant to prove she controlled the hotel room where it was found. She argued that the planner was unfair and should not have been used against her since other personal items also proved her control over the room. The court agreed that the day planner shouldn't have been used to influence the jury because it could lead to unfair judgment against her. They believed that the mistakes in her trial did affect the outcome, leading to an excessive sentence. Therefore, they changed her sentence to six years for the controlled substance charge to be served at the same time as her one-year sentence for the paraphernalia. Overall, the court kept her conviction but lessened the time she had to serve in prison.

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