Probable Cause Archives - OCCA Opinions

S-2022-41

Post author:Staff
Post published:December 15, 2022
Post category:S

In OCCA case No. S-2022-41, the State of Oklahoma appealed the conviction of Joshua Kyle Rhynard for unlawful possession of a controlled drug with intent to distribute, possession of a firearm after a felony conviction, possession of a controlled dangerous substance (marijuana), and unlawful possession of drug paraphernalia. In an unpublished decision, the court decided that the appeal was improperly brought and dismissed it. One judge dissented, arguing that the State made a sufficient case for review based on the importance of the evidence that had been suppressed. The dissenting opinion believed that the trial court made an error in suppressing the evidence found during a search because the officers executing the warrant used reasonable belief about the address they were searching.

M-2019-664

Post author:Staff
Post published:September 24, 2020
Post category:M

In OCCA case No. M-2019-664, the appellant appealed his conviction for illegal entry with unlawful intent, outraging public decency, and assault on a police officer. In an unpublished decision, the court decided to reverse the conviction for illegal entry but affirmed the convictions for outraging public decency and assault on a police officer. One judge dissented. James Brewer was accused of several misdemeanors after the police were called to his neighbor's house because he was trying to break in. The neighbor's children had reported the incident to their mother, who called the police. When officers arrived, they found Brewer in a neighboring home, naked on the floor, being restrained by his brother. He was not cooperative when the police tried to arrest him. During the trial, the court heard from police officers but did not hear directly from the neighbor or her children. The prosecution's case relied on the officers' testimonies about what they found and how they arrested Brewer. He represented himself during the trial with the help of standby counsel. Brewer raised several issues on appeal. First, he argued that he should have received credit for the time he spent in jail before the trial. The court explained that it is up to the trial judge to decide whether to give this credit and stated that there was insufficient information showing that he was unable to pay for a bond that would have let him out of jail before the trial. He also claimed the prosecutor made mistakes during the trial, like bringing up parts of his attitude that were not relevant and making comments during closing arguments. The court decided that the prosecutor's actions did not unfairly affect the trial. Brewer argued that there was not enough evidence for his conviction for illegal entry. The court agreed that the evidence was weak because the neighbor and her children did not testify and there was no direct proof linking him to tampering with the air conditioners. His other claims related to cross-examination and the wording of the charges against him were found to be insufficient to overturn the convictions for the other two charges. His conviction for the illegal entry was reversed, meaning the prosecution could not pursue it further, but the convictions for outraging public decency and assault on a police officer were upheld. One judge had a different opinion and dissented from the majority ruling.

S-2020-79

Post author:Staff
Post published:August 20, 2020
Post category:S

In OCCA case No. S-2020-79, Stricker appealed his conviction for First Degree Murder and Desecration of a Human Corpse. In an unpublished decision, the court decided to affirm the ruling of the District Court that dismissed the alternative charge of First Degree Felony Murder during the commission of a kidnapping. None dissented. On April 17, 2019, Stricker was charged with serious crimes including First Degree Murder in Kingfisher County. Later, he faced an amended charge stating he could be guilty of First Degree Premediated Murder or First Degree Felony Murder related to kidnapping. During a hearing, the judge decided to dismiss the kidnapping charge based on insufficient evidence, which led the State to appeal the decision. The State argued that the judge’s decision was incorrect because they believed there was enough evidence to show that a crime occurred and that Stricker was involved. They said that at a preliminary hearing, it's essential to prove that probably a crime was committed and that the person involved might have done it. The judge ruled that although Stricker was in a position to manage his victim, there wasn't enough proof to suggest he intended to kidnap her. The second argument from the State was about the timing of Stricker's motion to quash the charges. They claimed the judge should not have considered this motion because it was filed after he pleaded not guilty. However, the court found that the judge did have the authority to hear the motion, even though the prosecution thought otherwise. Ultimately, the court found no error in the District Court's decision to dismiss the charge of First Degree Felony Murder related to kidnapping and decided to uphold that dismissal.

S-2019-479

Post author:Staff
Post published:January 9, 2020
Post category:S

This document is a summary opinion from the Oklahoma Court of Criminal Appeals regarding the case involving Chris Forte and Skyla Forte, who were charged with Child Abuse by Injury and Child Neglect. The order of the District Court, which quashed the child abuse charge due to insufficient evidence, has been reversed by the appellate court. Key points from the document include: 1. The appellate court held that the District Court abused its discretion in determining that the magistrate's bind-over order for Count 1 (Child Abuse by Injury) was not based on competent evidence. 2. The preliminary hearing established that the alleged victim, a six-year-old girl named K.K., suffered extensive bruising and malnourishment which were reported as a result of the conduct of the Appellees. 3. Evidence included testimony from a child abuse pediatrician whose findings indicated that the injuries were consistent with abuse rather than legitimate disciplinary actions. 4. The court stated that the determination of whether the force used was reasonable or excessive is typically a matter for a jury to decide. 5. Ultimately, the matter has been remanded to the District Court for further proceedings consistent with the appellate court's opinion. The case illustrates the legal standards for assessing probable cause during preliminary hearings and clarifies the threshold for determining whether the use of physical discipline may cross into abusive conduct under Oklahoma law.

F-2018-929

Post author:Staff
Post published:December 19, 2019
Post category:F

**Court of Criminal Appeals of Oklahoma** **Case:** Andrew Joseph Revilla v. The State of Oklahoma **Citation:** 2019 OK CR 30 **Date Filed:** December 19, 2019 **Docket Number:** F-2018-929 **Summary Opinion** **Judges:** Kuehn, Vice Presiding Judge; Lewis, P.J.; Lumpkin, J.; Hudson, J.; Rowland, J. --- **Overview:** Andrew Joseph Revilla was convicted in Jackson County District Court on two counts of Lewd Molestation of a Minor and one count of Forcible Sodomy, receiving concurrent twenty-year sentences. He raised five propositions of error in his appeal, which the Court addressed. --- ### Propositions of Error **Proposition I - Ineffective Assistance of Counsel:** Revilla claimed ineffective assistance because his counsel failed to file a motion to quash based on insufficient evidence presented at the preliminary hearing. The Court found that the evidentiary standards at a preliminary hearing do not require strict adherence to corroboration rules and that the victim's testimony, along with corroborative evidence, was sufficient for bindover. As such, the claim did not support a finding of ineffective assistance. **Proposition II - Improper Evidence of Other Crimes:** Revilla contended that evidence of his drug use and criminal behavior introduced during cross-examination of character witnesses was prejudicial. The Court noted that this evidence was permissible to challenge the credibility of witnesses. Additionally, defense counsel did not object to this line of questioning, which limited grounds for relief. **Proposition III - Omitting Jury Instruction:** Revilla argued that the trial court improperly omitted an explanation regarding how jurors should treat prior inconsistent statements by the victim. The Court acknowledged the omission but concluded the error did not affect the trial’s outcome since the victim's preliminary statements were not exculpatory. **Proposition IV - Prosecutorial Misconduct:** Revilla alleged various instances of prosecutorial misconduct. The Court found that most complaints lacked timely objections and did not undermine the fairness of the trial. **Proposition V - Cumulative Error:** Revilla asserted that even if individual errors were not significant, their cumulative effect denied him a fair trial. The Court found no cumulative impact from the identified issues. --- ### Decision The Court affirmed the judgment and sentence of the District Court of Jackson County. Revilla's claims of error were denied, and his conviction was upheld. **Mandate ordered upon filing of this decision.** **For Appellant:** Kenny Goza **For Appellee:** Mike Hunter, Attorney General **Judges' Concurrence:** Lewis, Lumpkin, Hudson, Rowland all concurred with the opinion. [**Click Here to Download PDF**](https://opinions.wirthlawoffice.com/wp-content/uploads/F-2018-929_1734877175.pdf)

F-2018-647

Post author:Staff
Post published:December 5, 2019
Post category:F

**Court of Criminal Appeals of the State of Oklahoma Summary Opinion** **Appellant:** David Martinez **Appellee:** The State of Oklahoma **Case No.:** F-2018-647 **Filed:** December 5, 2019 **Presiding Judge:** Lewis **Summary:** David Martinez was convicted in a bench trial of lewd or indecent acts to a child under 16, in violation of 21 O.S.Supp.2015 § 1123(A)(2). The trial was held in the District Court of Beckham County under Judge Doug Haught, who sentenced Martinez to ten years in prison, with the majority of the sentence suspended after serving six years. Martinez raised several propositions of error in his appeal: 1. **Allegation of Lewd Molestation without Corroboration:** - Martinez claimed his due process rights were violated because M.C.'s testimony was unbelievable and lacked corroboration. The court upheld that the general rule allows conviction based on the uncorroborated testimony of the prosecutrix if it is clear and unambiguous. The court found M.C.'s testimony sufficient and denied this proposition. 2. **Right to a Certified Interpreter:** - Martinez, who does not speak English, argued he was denied a certified interpreter. The court noted that the presumption of regularity in legal proceedings applies, and without evidence that interpretation was inaccurate or that it affected the trial’s outcome, this claim was denied. 3. **Hearsay Evidence:** - The court reviewed evidence of text messages sent by the victim to her mother as hearsay. Since the trial was a bench trial, the court presumed only competent evidence was considered, and any objection raised post-trial was not preserved for appeal. This proposition was denied. 4. **Preliminary Hearing Evidence:** - Martinez contended that the prosecution failed to show all elements of the crime during the preliminary hearing. The court pointed out that the age element was established during trial and noted the waiver of any preliminary hearing errors not related to jurisdiction. This proposition was denied. **Decision:** The judgment and sentence were affirmed by the Court of Criminal Appeals of the State of Oklahoma. **Opinion by:** Lewis, P.J. **Concurrences by:** Kuehn, V.P.J.; Lumpkin, J.; Hudson, J.; Rowland, J. *For the complete opinion, you can download the PDF [here](https://opinions.wirthlawoffice.com/wp-content/uploads/F-2018-647_1735224408.pdf).*

F-2018-588

Post author:Staff
Post published:October 31, 2019
Post category:F

The case involves Sonia Weidenfelder, who was convicted of first-degree murder in the District Court of Tulsa County and sentenced to life imprisonment. On appeal, she contested the trial court's denial of her motion to suppress evidence obtained from two cell phones, claiming that the warrants authorizing the searches lacked probable cause, thereby violating her Fourth Amendment rights. The Court of Criminal Appeals of Oklahoma reviewed the trial court’s ruling for abuse of discretion, which entails a clearly erroneous judgment. They affirmed the trial court's decision, finding sufficient probable cause in the affidavits supporting the search warrants for the cell phones. They noted that the magistrate had a substantial basis for determining that evidence related to the murder would likely be found on the phones, allowing for the admissibility of the evidence at trial. The judgment of the trial court was therefore affirmed, and the Court concluded that there was no error in the admission of the cell phone evidence. The decision also includes information on the legal representation for both the appellant and the state, as well as a note that the mandate would be issued upon the decision’s delivery and filing.

S-2018-1173

Post author:Staff
Post published:October 24, 2019
Post category:S

In OCCA case No. F-2018-895, Ward appealed his conviction for possessing a firearm after felony convictions. In an unpublished decision, the court affirmed the conviction, finding no error in the arrest and evidence. One judge dissented. The ruling concluded that the evidence supported the conviction despite Ward's claims.

F-2018-954

Post author:Staff
Post published:October 10, 2019
Post category:F

**IN THE COURT OF CRIMINAL APPEALS OF THE STATE OF OKLAHOMA** **Case No. F-2018-954** --- **CHRISTIAN D. MOLINA-SOLORZANO, Appellant,** **v.** **THE STATE OF OKLAHOMA, Appellee.** --- **SUMMARY OPINION** **ROWLAND, JUDGE:** Appellant Christian D. Molina-Solorzano appeals his Judgment and Sentence from the District Court of Beckham County, Case No. CF-2017-259, for Aggravated Trafficking in Illegal Drugs, in violation of 63 O.S.Supp.2015, § 2-415. The Honorable F. Douglas Haught presided over the non-jury trial, found Molina-Solorzano guilty, and sentenced him to fifteen years imprisonment, $1,000.00 fine, and one year of post-imprisonment supervision. Molina-Solorzano raises the following issues: 1. Ineffective assistance of counsel for failing to challenge the basis for the traffic stop. 2. Ineffective assistance of counsel for failing to inform him of his rights under the Vienna Convention on Consular Relations (VCCR). 3. Entitlement to retroactive application of recent changes in law regarding parole eligibility for aggravated trafficking convictions. **DECISION:** After review, we find relief is not warranted and affirm the district court's Judgment and Sentence. **1. Ineffective Assistance of Counsel: Traffic Stop Challenge** Molina-Solorzano asserts that defense counsel was ineffective by not challenging the validity of the traffic stop, which he claims was based on race discrimination and an inadequate fog light infraction. To succeed on an ineffective assistance claim, Molina-Solorzano must demonstrate: - Counsel's performance was deficient. - The deficiency resulted in prejudice that affected the outcome of the trial. The Fourth Amendment prohibits unreasonable searches and seizures, and a traffic stop is valid if the officer had probable cause or reasonable suspicion of a traffic violation. The record, including video evidence from the traffic stop, supports that the stop was justified due to a fog light infraction. The trooper's testimony confirmed that visibility was over a mile, and thus the use of fog lights constituted a violation under Oklahoma law. Since the stop was justified, Molina-Solorzano cannot establish that counsel's failure to challenge it affected the trial's outcome, denying his ineffective assistance claim. **2. Ineffective Assistance of Counsel: VCCR Rights** Molina-Solorzano also contends that defense counsel failed to inform him of his rights under the VCCR, which would have allowed him to contact the Mexican consulate for assistance. To evaluate this claim, we consider: - Whether he was unaware of his right to contact his consulate. - Whether he would have utilized that right had he known. - Whether the consulate's assistance would have likely aided his defense. The record lacks evidence that Molina-Solorzano was unaware of his rights or that assistance from the consulate would have changed the trial's outcome. Appellate counsel's assertions do not suffice to demonstrate these conditions. Therefore, this claim is also denied. **3. Retroactive Application of Parole Changes** Molina-Solorzano argues that he should benefit from recent legislative proposals reducing parole eligibility terms for aggravated trafficking convictions. However, as legislation is not retroactive unless explicitly stated, and the referenced Senate Bill was never enacted, his claim is moot. **CONCLUSION:** The Judgment and Sentence of the district court is AFFIRMED. The MANDATE is ORDERED issued upon filing of this decision. **APPEARANCES** - Kenny R. Goza, Counsel for Defendant - Debra K. Hampton, Counsel for Appellant - Gina R. Webb, Counsel for State - Mike Hunter, Attorney General of Oklahoma - Joshua R. Fanelli, Assistant Attorney General **OPINION BY:** ROWLAND, J. **Concur in Results:** KUEHN, V.P.J. **Concur:** LUMPKIN, J. **Concur:** HUDSON, J. --- For the full decision, click here: [Download PDF](https://opinions.wirthlawoffice.com/wp-content/uploads/F-2018-954_1734874505.pdf)

M-2018-1055

Post author:Staff
Post published:October 3, 2019
Post category:M

**IN THE COURT OF CRIMINAL APPEALS OF THE STATE OF OKLAHOMA** **SADE DEANN McKNIGHT, Appellant,** **V.** **THE STATE OF OKLAHOMA, Appellee.** **Case No. M-2018-1055** **FILED IN COURT OF CRIMINAL APPEALS STATE OF OKLAHOMA OCT - 3 2019** **SUMMARY OPINION** **ROWLAND, JUDGE:** Appellant Sade Deann McKnight seeks to appeal her Judgment and Sentence from the District Court of Payne County, Case No. CM-2016-1491, for her misdemeanor convictions of Obstructing an Officer, 21 O.S.Supp.2015, § 540 (Count 1) and Resisting an Officer, 21 O.S.1991, § 268 (Count 2). The Honorable R.L. Hert, Special Judge, presided over the jury trial, where McKnight was sentenced to a $500.00 fine for Count 1 and six weeks confinement in the county jail along with a $500.00 fine for Count 2. **FACTS** On September 9, 2016, during severe weather, Appellant lost control of her vehicle on Interstate 35, resulting in a collision. Upon the Oklahoma Highway Patrol's arrival, Trooper Ryan Long found McKnight and her three small children in an ambulance nearby. Initially cooperative, McKnight became argumentative upon learning she would be ticketed for driving too fast for conditions. As tensions increased, McKnight attempted to leave the ambulance and re-enter her car despite Trooper Long's directives to stay. Following her non-compliance, Trooper Long attempted to escort her back, which led to her striking him and resisting arrest. Subsequently, she was charged with obstructing and resisting an officer. **ANALYSIS** 1. **Sufficiency of Evidence for Obstruction** Appellant argues that evidence was insufficient to support her conviction for obstruction. The jury instruction required proof that McKnight willfully obstructed an Oklahoma Highway Patrolman in the discharge of his duties. Long's testimony confirmed the nature of his duties and her non-compliance. Viewing the evidence favorably for the prosecution, we conclude a rational jury could find McKnight guilty beyond a reasonable doubt. 2. **Resisting Unlawful Arrest** McKnight contends her conviction for resisting an officer should be reversed due to an unlawful arrest. This argument, raised for the first time on appeal, is examined for plain error. However, because Long had probable cause to arrest McKnight for obstruction as evidenced by her behavior, the arrest was lawful, negating her claim. 3. **Excessiveness of Sentences** Finally, Appellant challenges the sentences as excessive. However, both sentences fall within statutory limits, and we find they do not shock the conscience. **DECISION** The Judgment and Sentence of the District Court is AFFIRMED. **MANDATE** Pursuant to Rule 3.15 of the Oklahoma Court of Criminal Appeals, the MANDATE is ORDERED issued upon filing of this decision. --- **COUNSEL** **At Trial:** Stephen Cale, Tulsa, OK **On Appeal:** Ariel Parry, Norman, OK; Rodrigo Carrillo, Stillwater, OK **For the State:** Mike Hunter, Oklahoma City, OK **OPINION BY:** ROWLAND, J. **Concur:** LEWIS, P.J.; KUEHN, V.P.J.; LUMPKIN, J. (concur in results); HUDSON, J. [**Click Here To Download PDF**](https://opinions.wirthlawoffice.com/wp-content/uploads/M-2018-1055_1734357754.pdf)

S-2018-1227

Post author:Staff
Post published:September 26, 2019
Post category:S

**IN THE COURT OF CRIMINAL APPEALS OF THE STATE OF OKLAHOMA** **THE STATE OF OKLAHOMA,** Appellant, **v.** **DAVID FLORES VILLANUEVA,** Appellee. **No. S-2018-1227** **NOT FOR PUBLICATION** **FILED** **IN COURT OF CRIMINAL APPEALS** **STATE OF OKLAHOMA** **SEP 26 2019** **JOHN D. HADDEN** **CLERK** --- **SUMMARY OPINION** LEWIS, PRESIDING JUDGE: On March 6, 2018, Defendant Villanueva was charged with one count of Burglary in the First Degree in Comanche County Case No. CF-2018-135. On November 7, 2018, a preliminary hearing was held before the Honorable Ken Harris, Special Judge. At that hearing, the State amended the information to include a charge of Conspiracy to Commit Burglary. Villanueva demurred to both charges; the demurrer to the burglary charge was overruled, while the conspiracy charge was granted. The State appealed this ruling under Rule 6.1 and 22 O.S.2011, § 1089.1. Judge Meaders, after reviewing the preliminary hearing transcript and hearing arguments from both sides, upheld the magistrate's decision. From this ruling, the State continued its appeal. The State's primary argument was that it was erroneous for the trial court to grant Villanueva's demurrer concerning the conspiracy charge. According to Rule 11.2(A)(4), this appeal was automatically assigned to the Accelerated Docket. The analysis considers whether there was sufficient evidence, viewed favorably towards the State, to find that a felony crime occurred and that Villanueva likely committed it. The Court must uphold the magistrate's ruling unless there was an abuse of discretion. The Court determined that no such abuse of discretion occurred in this instance. The decision to grant the demurrer concerning the conspiracy charge was not clearly erroneous or illogical based on the evidence presented. **DECISION** The order dismissing the conspiracy charge against Villanueva in Comanche County District Court Case No. CF-2018-135 is AFFIRMED. A MANDATE is ORDERED issued upon the delivery and filing of this decision, in accordance with Rule 3.15. --- **APPEARANCES AT TRIAL** **COUNSEL FOR STATE/APPELLANT** Kyle Cabelka, Assistant District Attorney Comanche County **COUNSEL FOR DEFENDANT/APPELLEE** Clay Hillis Lawton, OK --- **OPINION BY:** LEWIS, P.J. **CONCUR:** KUEHN, V.P.J.; LUMPKIN, J. **DISSENT:** HUDSON, J.; ROWLAND, J. --- **DISSENTING OPINION OF HUDSON, J.:** I align with Judge Rowland's dissent and wish to emphasize that the magistrate's decision did not adhere to the proper legal standard, which mandates that at a preliminary hearing, the State is not obliged to present evidence that would suffice for a conviction; rather, the standard is to establish probable cause. The preliminaries focus on whether there is enough evidence for a reasonable person to conclude that an agreement to commit a crime existed among the suspects. Based on the testimony, when two armed men and a female accomplice invade a home, demanding money while brandishing weapons, the magistrate should have inferred an agreement had taken place, viewing the facts favorably for the State. The evidential threshold should reflect that significant circumstantial evidence can imply conspiracy. My view is that the magistrate abused discretion by ruling there was insufficient evidence for conspiracy at the hearing's conclusion. The facts supporting the charge should have warranted a finding of probable cause as a reasonable inference could be drawn affirming an agreement among the accused parties. The ruling lacks justification against existing legal precedents. The magistrate's interpretation of the circumstances failed to consider the appropriate evidential standard and should be revised. I am authorized to state that Judge Hudson concurs with this dissent. --- For the official full text, [click here to download PDF](https://opinions.wirthlawoffice.com/wp-content/uploads/S-2018-1227_1734274980.pdf).

F-2018-241

Post author:Staff
Post published:September 19, 2019
Post category:F

In OCCA case No. F-2018-241, Mario Darrington appealed his conviction for Trafficking in Illegal Drugs (Marijuana and Methamphetamine) and related drug charges. In an unpublished decision, the court decided to affirm the judgment and sentence of the district court. One judge dissented. Darrington was arrested after police executed a search warrant at a home in Tulsa. Officers found a large quantity of marijuana and methamphetamine in the house. Darrington was linked to this evidence through various items found at the scene, including drugs located in a suit pocket with his name on prescription bottles and documents. He was charged with trafficking and other felonies due to having a prior criminal record. During his trial, Darrington requested that evidence obtained from the search be suppressed, arguing that the search warrant was not valid. He believed that the warrant did not show enough information to justify the search. The court reviewed his claim and determined that the affidavit supporting the search warrant provided sufficient evidence for a judge to find probable cause. The police officer had personal observations and corroborated information that indicated illegal drug activity was happening at the residence. The court also found that the timing of the information was relevant and not too old to be dismissed. Additionally, Darrington sought to know the name of an unnamed informant who provided information to the police for the search. The court ruled that this informant was not a material witness, meaning their identity did not significantly affect Darrington's case. As a result, the court affirmed Darrington's conviction and upheld the district court's decisions regarding the suppression of the search evidence and the request for the informant's identity.

F-2017-67

Post author:Staff
Post published:September 12, 2019
Post category:F

The document provided is an appellate court opinion regarding the case of Cedric Dwayne Poore, who was convicted in the District Court of Tulsa County for multiple counts of Murder in the First Degree and Robbery with a Firearm. The Court of Criminal Appeals of Oklahoma ultimately affirmed the convictions and sentences. ### Key Points from the Opinion: 1. **Charges and Convictions**: - Cedric Dwayne Poore was convicted of four counts of Murder in the First Degree through felony murder and two counts of Robbery with a Firearm. - The underlying felony for the murder counts was robbery committed in the course of the murders of four victims. 2. **Evidence Against Appellant**: - Witnesses testified that Poore and his brother shot and killed four victims in a robbery at an apartment. - Testimony from Jamila Jones, who was in contact with both brothers before the murders, suggested that they were planning to rob the victims. - Forensic evidence included DNA found on a cigarette near the victims and .40 caliber shell casings linking both Poore and the weapon used in other crimes. 3. **Proposition of Errors Raised on Appeal**: - **Hearsay**: The trial court’s denial of an affidavit from a witness who invoked the Fifth Amendment was challenged, but the court found no plain error. - **Sufficiency of Evidence**: Poore challenged the sufficiency of evidence, claiming that he was not directly involved in the murders, but the court held that circumstantial evidence sufficiently supported the convictions. - **Other Crimes Evidence**: The admissibility of evidence from a separate robbery was upheld as relevant and probative to establish motive and identity. - **Identification Testimony**: The court found no error in the admission of identification testimony from witnesses. - **Accomplice Corroboration**: The testimony of accomplices was found to be sufficiently corroborated by other evidence. - **Cell Phone Records**: Although the use of cellphone records without a warrant raised Fourth Amendment concerns, the evidence was deemed admissible under the good faith exception. - **Search Warrant**: Poore's arguments regarding the invalidity of the search warrant and execution of the search were rejected by the court. - **Cumulative Error**: The cumulative effect of any errors did not warrant relief, as the court found no substantial errors during the trial. 4. **Final Ruling**: - The Court affirmed the District Court's judgments and sentences without finding any significant legal errors that would warrant reversal. ### Conclusion: The case demonstrates the complex interplay of various legal standards, evidentiary challenges, and the appeals process for criminal convictions. The appellate court's decision reflects a thorough examination of both the procedural and substantive issues raised by the appellant, ultimately leading to the affirmation of the convictions based on the evidence presented at trial.

F-2018-892

Post author:Staff
Post published:September 5, 2019
Post category:F

**Court of Criminal Appeals of Oklahoma** **Case Summary:** **Case Name:** David Andrew Sanders, Appellant, v. The State of Oklahoma, Appellee **Case Number:** F-2018-892 **Date Filed:** September 5, 2019 --- **Background:** David Andrew Sanders appeals the acceleration of his deferred sentencing resulting from finding evidence that he committed new offenses while on probation. On April 29, 2016, in **Case No. CF-2012-2326**, Appellant entered no contest pleas to Burglary in the First Degree and Pointing a Firearm at Another. In **Case No. CF-2016-1178**, he entered a guilty plea for Larceny of Merchandise from a Retailer. His sentencing was deferred for ten years (Burglary), five years (Firearm charge), and 30 days (Larceny). All sentences were to run concurrently. On November 28, 2017, the State filed an Application to Accelerate the Deferred Sentence, alleging new offenses. At a hearing on August 21, 2018, the court found sufficient evidence of new offenses: possession of a firearm while on probation, possession of a controlled dangerous substance, and possession of drug paraphernalia. **Facts of the Case:** On May 6, 2017, police found Sanders unconscious in an idling car with a handgun in his lap. During the arrest, officers discovered a glass pipe and methamphetamine in the car's console. Sanders argued that this evidence was the product of an unlawful search. **Legal Findings:** The district court ruled that the exclusionary rule did not apply to the acceleration proceeding, which is not akin to a full trial. The court found no evidence of egregious police misconduct. According to Oklahoma law (Richardson v. State), exclusion of evidence is only warranted in revocation hearings where there has been egregious misconduct. **Conclusion:** The Court of Criminal Appeals affirmed the district court's decision, finding no abuse of discretion. The discovery of the firearm, glass pipe, and methamphetamine did not violate Sanders' rights given the context of the proceedings. **Decision:** The order of the district court accelerating Sanders’ deferred judgment and sentencing is AFFIRMED. --- **Counsel on Appeal:** - For Appellant: Micah Sielert and Andrea Digilo Miller - For Appellee: Tiffany Noble, Mike Hunter, Tessa L. Henry **Opinion by:** Presiding Judge Lewis **Concurrences:** Vice Presiding Judge Kuehn, Judge Lumpkin, Judge Hudson, Judge Rowland --- For more details, you may [download the full PDF here](https://opinions.wirthlawoffice.com/wp-content/uploads/F-2018-892_1735120506.pdf).

S-2018-978

Post author:Staff
Post published:August 15, 2019
Post category:S

**State v. Cousan: Summary of the Court's Decision** In the case of *State of Oklahoma v. William Lee Cousan*, the Oklahoma Court of Criminal Appeals addressed the legality of the police actions leading to the arrest of Cousan and the subsequent search of his person that resulted in the discovery of crack cocaine. **Background:** William Lee Cousan was charged with Illegal Drug Trafficking, Unlawful Possession of Drug Paraphernalia, and Unlawful Possession of a Firearm by a Convicted Felon. The charges arose from a police investigation initiated by an anonymous tip suggesting that Cousan was dealing drugs from a Motel 6 room. Following a surveillance operation and gathering additional evidence, police obtained a search warrant for Cousan's motel room. While executing the warrant, Cousan left the motel in a vehicle, and police conducted a traffic stop approximately eight blocks away. During this stop, officers found cocaine on him and placed him under arrest. Cousan argued that the officers exceeded the scope of the search warrant during his detention and that the subsequent search of his person was unlawful. **District Court Ruling:** The district court agreed with Cousan's motion to suppress evidence, stating that the search was not justified as incident to the execution of the search warrant since it occurred outside the immediate vicinity of the premises. **Court of Criminal Appeals Decision:** The Oklahoma Court of Criminal Appeals reversed the district court's ruling, holding: 1. **Probable Cause:** The court found that the officers had probable cause to arrest Cousan at the time of his detention based on the tips and surveillance evidence indicating he was dealing drugs. 2. **Lawful Search Incident to Arrest:** The search of Cousan's person was deemed lawful as a search incident to arrest because probable cause existed for that arrest, independent of the execution of the search warrant. 3. **Inevitability Doctrine:** Even if the court did not find probable cause at the time of the stop, the officers could have made a valid investigative stop based on reasonable suspicion. Given the circumstances, the evidence inevitably would have been discovered after the execution of the warrant. 4. **Categorical Detention Rules:** The appeals court acknowledged that while the detention of Cousan was not justifiable under the Summers rule (as it did not occur immediately near the premises), the officers still had the right to detain Cousan based on the totality of circumstances, including the undercover work that had identified him as a key suspect. **Conclusion:** The appellate ruling overturned the district court's decision to suppress the evidence found on Cousan, allowing the State of Oklahoma to continue its prosecution for illegal drug trafficking and associated charges. **Final Note:** The opinion reflects on the importance of understanding both the probable cause standard for arrest and the rules surrounding lawful searches and seizures, emphasizing the balance between individual rights and public safety in law enforcement practices.

F-2018-211

Post author:Staff
Post published:July 25, 2019
Post category:F

In OCCA case No. F-2018-211, Lewis Long, III appealed his conviction for trafficking in illegal drugs (methamphetamine). In an unpublished decision, the court decided to affirm the judgment and sentence. No judge dissented. The case began when Lewis Long, III was tried and found guilty by a jury in Beckham County. He was convicted for trafficking in methamphetamine after having previous felony convictions. The jury recommended a sentence of twenty years in prison, which the judge followed. Long was found not guilty of a separate charge involving drug paraphernalia. Long raised a few concerns in his appeal. He argued that his Fourth Amendment rights were violated because police entered a place without properly announcing themselves. He also felt the state did not provide enough evidence to prove he had control or possession of the methamphetamine. Lastly, he believed there wasn't enough evidence for him to go to trial for the drug trafficking charge. The court looked closely at the evidence and procedures from Long's trial. They first addressed the entry of police into the motel room. Even if not knocking and announcing was an error, the court decided that this did not impact the overall case because the evidence found was still valid. Next, the court evaluated whether the evidence presented during the trial was strong enough to support a verdict of guilty. They determined that there was enough evidence to show that Long had joint possession of the methamphetamine found at the motel. Lastly, the court examined whether Long should have been able to challenge the charges before his trial but concluded that he did not show any clear error that would affect the outcome of his case. Since the state showed enough probable cause for his charges at the preliminary hearing, they found no reason to reverse the decision. In conclusion, the court decided not to grant any relief for Long's appeal, confirming his conviction and the sentence imposed.

S-2018-164

Post author:Staff
Post published:July 11, 2019
Post category:S

This document is an opinion from the Oklahoma Court of Criminal Appeals in a criminal case involving Don Arneilus Ingram. The opinion details the legal proceedings stemming from Ingram’s arrest and the subsequent suppression of evidence obtained during that arrest. **Key Points of the Case:** 1. **Charges Against Ingram**: Don Arneilus Ingram faced multiple felony charges including trafficking in illegal drugs, being a felon in possession of a firearm, and possession of proceeds from illegal drug activity, with the state alleging that these crimes were committed after previous felony convictions. 2. **Initial Detention and Arrest**: The arresting officer, Sergeant Greg Bell, initially noticed Ingram driving a vehicle with a temporary tag in a high-crime area. After observing suspicious behavior, including Ingram’s inability to identify a friend he claimed to be visiting, Sgt. Bell approached Ingram to ask questions. This led to Sgt. Bell detaining Ingram for driving without a license. 3. **Search Incident to Arrest**: Following the arrest, Sgt. Bell conducted a search of Ingram, which yielded a large amount of cash and identification. After noticing Ingram acting nervously and attempting to direct his female companion to leave, officers subsequently searched the vehicle Ingram had been driving, finding significant quantities of illegal drugs and a firearm. 4. **Motion to Suppress Evidence**: Ingram filed a motion to suppress the evidence obtained during the search, arguing that the officer lacked reasonable suspicion to stop him and that the search was therefore unlawful. 5. **District Court’s Ruling**: The district court granted Ingram's motion to suppress, determining that the initial contact was not lawful and that the subsequent search of the vehicle was unreasonable. 6. **Court of Criminal Appeals Decision**: The Oklahoma Court of Criminal Appeals reversed the district court's order. The court found that Sgt. Bell's initial interaction with Ingram was a consensual encounter and that sufficient probable cause existed for both the arrest and the search of the vehicle. **Conclusion**: The appellate court concluded that the evidence should not have been suppressed, underscoring the importance of analyzing the totality of circumstances leading to an officer’s determination of probable cause. The decision emphasizes that even behavior that seems innocent in isolation can, when viewed in context, lead to reasonable suspicion and probable cause. The court remanded the case for further proceedings. For a complete review of this case and its legal implications, interested parties can download a PDF of the full opinion.

S-2018-438

Post author:Staff
Post published:July 11, 2019
Post category:S

**IN THE COURT OF CRIMINAL APPEALS OF THE STATE OF OKLAHOMA** **STATE OF OKLAHOMA,** **Appellant,** **v.** **LESLYE SOTO,** **Appellee.** **Case No. S-2018-438** **Filed July 11, 2019** **Opinion by: Lewis, Presiding Judge** --- **OPINION** Leslye Soto was charged with aggravated trafficking in illegal drugs, in violation of 63 O.S.Supp.2014, § 2-415, in Oklahoma County district court case number CF-2015-5312. The district court, presided over by the Honorable Ray C. Elliott, granted a motion to suppress evidence obtained by law enforcement prior to the trial. The State appeals this decision. ### FACTS On the night of the incident, Leslye Soto was a passenger in a vehicle driven by her husband, Jorge Soto. The vehicle was stopped by Sergeant Keegan Burris from the Oklahoma City Police Department K-9 unit for making an improper lane change. Following the stop and a brief investigation, Burris observed signs that led him to suspect drug trafficking. These included: - The appearance of the vehicle which suggested a lived-in look. - The nervous demeanor of both the driver and passenger. - A disassembled phone in the vehicle. - Misaligned statements regarding the purpose of their travel. - Clothing that did not appear suitable for a wedding. After issuing a warning citation and asking for additional questions, Jorge Soto initially declined to consent to a vehicle search. Burris then extended the detention based on the signs of possible illegal activity, deploying a K-9 to sniff the vehicle. The K-9 alerted, leading to the discovery of contraband. The trial court concluded that Burris lacked reasonable suspicion to extend the stop, determining the presented factors were insufficient for such suspicion. The State appeals this ruling. ### ANALYSIS The standard for evaluating the trial court's decision on a motion to suppress is an abuse of discretion. Under established jurisprudence, an extended police stop must either be based on reasonable suspicion or valid consent. In this case, Sergeant Burris provided specific articulable facts informing his suspicion of drug trafficking, relying on his training and expertise. The totality of circumstances, rather than isolated factors, should guide the determination of reasonable suspicion. The trial court's comparison of the Sotos' behavior to its own travel habits was misplaced and underappreciated the officer's expertise. Understanding that reasonable suspicion is a lesser standard than probable cause, the court finds Burris legitimately extended the stop for further investigation. Given the K-9's alert after this reasonable extension, the officer developed probable cause to conduct a search of the vehicle. ### DECISION The trial court's ruling suppressing the evidence is reversed. The case is remanded to the district court for further proceedings consistent with this opinion. **Attorneys on Appeal:** - For the State: Kyle Peppler, Clayton Niemeyer - For Defendant/Appellee: Richard W. Anderson, David Autry **Concurrences:** KUEHN, V.P.J.; LUMPKIN, J.; HUDSON, J.; ROWLAND, J. --- **Click Here To Download PDF** [Download PDF](https://opinions.wirthlawoffice.com/wp-content/uploads/S-2018-438_1734280785.pdf)

S-2018-1026

Post author:Staff
Post published:July 11, 2019
Post category:S

**IN THE COURT OF CRIMINAL APPEALS OF THE STATE OF OKLAHOMA** **STATE OF OKLAHOMA,** **Appellant,** **V.** **NICHOLAS LOWELL TURNER,** **Appellee.** **Case No. S-2018-1026** **FILED** **IN COURT OF CRIMINAL APPEALS** **STATE OF OKLAHOMA** **JUL 11 2019** **JOHN D. HADDEN, CLERK** --- **SUMMARY OPINION** **LUMPKIN, JUDGE:** On April 4, 2018, Nicholas Lowell Turner was charged in Tulsa County with multiple drug offenses and related charges. After a hearing on a motion to suppress evidence obtained from a search warrant, the lower court initially denied the motion based on a good faith exception, but later reversed that decision, leading the State to appeal. The key issues before the Court were whether the trial court abused its discretion by ruling that the search warrant lacked probable cause and, if so, whether the good faith exception to the exclusionary rule applied. **Background:** The case arose from evidence gained during the execution of a search warrant on Turner's residence, which led to the seizure of illegal drugs, firearms, and cash. The warrant was issued based on statements from an informant who had been arrested in possession of illegal drugs and had identified Turner as his supplier. Despite the affidavit's deficiencies in detailing direct observations of illegal activity at Turner's residence, the appellate court found there was a sufficient connection established between the residence and Turner's alleged criminal activity. Importantly, the court noted that the officers acted reasonably based on the magistrate's determination of probable cause, allowing for the good faith exception to apply. **Decision:** The Court found that the trial court had erred in not applying the good faith exception properly, stating that a properly issued search warrant, despite some lack of detail in the affidavit, should not have resulted in suppressed evidence. The appellate court ruled to reverse the trial court's decision and remand the case for further proceedings. **Concurring Opinion:** LEWIS, P.J., specially concurs, acknowledging the weaknesses in the affidavit but ultimately agreeing with the application of the good faith exception as the officers acted reasonably in executing the search warrant. --- For full details refer to the decision [here](https://opinions.wirthlawoffice.com/wp-content/uploads/S-2018-1026_1734276181.pdf).

J-2019-65

Post author:Staff
Post published:May 23, 2019
Post category:J

**IN THE COURT OF CRIMINAL APPEALS OF THE STATE OF OKLAHOMA** **G.E.J., Appellant, v. THE STATE OF OKLAHOMA, Appellee.** **No. J-2019-65** **FILED IN COURT OF CRIMINAL APPEALS STATE OF OKLAHOMA MAY 23, 2019 JOHN D. HADDEN ROWLAND, JUDGE** **SUMMARY OPINION** On August 27, 2018, G.E.J. was charged as a juvenile with (1) Soliciting for First Degree Murder and (2) Reckless Conduct with a Firearm in Rogers County District Court. A show cause hearing was held, resulting in probable cause for continued juvenile detention. G.E.J. eventually entered a no contest stipulation leading to adjudication as a delinquent on October 30, 2018. Following a hearing on January 17, 2019, the trial court denied his motion to withdraw the stipulation. G.E.J. raised several issues on appeal regarding the denial of due process, the voluntariness of his plea, claims of ineffective assistance of counsel, and the sufficiency of proceedings leading to his stipulation. The Court reviewed the claims in light of the record and hearings. The Court affirmed the lower court’s ruling, emphasizing: 1. **Detention Period**: G.E.J. argued that he was detained for 24 days before charges were filed, which he claimed constituted a denial of due process. The Court found that he was represented by counsel during this period and had a bond set, distinguishing his case from precedent cases involving more severe delays without legal representation or bonding. 2. **Voluntariness of Plea**: G.E.J. contended that his plea was not knowing and voluntary, citing that he believed he would be released upon entering the stipulation. However, testimonial evidence indicated that his attorney’s statements were not misleading and that G.E.J. was adequately informed of the charges and the evidence against him. 3. **Ineffective Assistance of Counsel**: Claims of ineffective assistance were examined under the Strickland standard, requiring a showing of deficient performance and resulting prejudice. The Court found no shown deficiency by his attorneys and ruled that even if there were lapses, they did not prejudice the outcome. 4. **Factual Basis for Stipulation**: The absence of a lengthy factual basis during the stipulation hearing did not undermine the sufficiency of the process; the Court noted adequate evidence existed to support the stipulation through prior hearings. The appeal was evaluated under the standards for an abuse of discretion, and the findings of the trial judge who observed G.E.J. throughout the proceedings were upheld. **DECISION**: The Court affirmed the decision of the Rogers County District Court, upholding the denial of G.E.J.’s motion to withdraw his stipulation. **Counsel for Juvenile**: Jeffrey Price **Counsel for Appellant**: Sarah MacNiven **Counsel for State**: Edith Singer **OPINION BY: ROWLAND, J.** **LEWIS, P.J.: Concur** **KUEHN, V.P.J.: Concur** **LUMPKIN, J.: Concur** **HUDSON, J.: Concur** [Download PDF](https://opinions.wirthlawoffice.com/wp-content/uploads/J-2019-65_1734448303.pdf)

S-2018-229

Post author:Staff
Post published:May 23, 2019
Post category:S

**Summary of Case: State of Oklahoma v. Brittney Jo Wallace, 2019 OK CR 10** **Court**: Court of Criminal Appeals of Oklahoma **Case No.**: S-2018-229 **Date Filed**: May 23, 2019 ### Background: Brittney Jo Wallace was charged in the District Court of Rogers County with two counts of Enabling Child Abuse and one count of Child Neglect. A pretrial hearing was held regarding her motion to suppress evidence obtained from her cell phone, which was granted by the trial court. ### Key Points: 1. **Appeal by State**: The State of Oklahoma appealed the trial court's decision to suppress evidence obtained from Wallace's cell phone, arguing that the seizure was supported by probable cause. 2. **Legal Standards**: - The appeal is evaluated under 22 O.S.2011, § 1053, which allows the State to appeal a pretrial order suppressing evidence in cases involving certain offenses. - The appellate court applies an abuse of discretion standard when reviewing a motion to suppress. 3. **Probable Cause & Exigent Circumstances**: - The court recognized that warrantless searches are presumed unreasonable but can be justified under certain conditions, such as probable cause and exigent circumstances. - The detective believed that Wallace's phone contained evidence of child abuse and had sufficient reasons to act quickly to preserve that evidence. 4. **Actions Taken with the Phone**: - The detective accessed the phone with Wallace's assistance to forward calls and put the device in airplane mode, actions viewed as reasonable to prevent potential evidence loss. 5. **Trial Court's Findings**: - The trial court suppressed the evidence, stating the seizure and accessing of the phone were illegal. The appellate court found this decision to be an abuse of discretion, as the actions taken by law enforcement were justified. 6. **Search Warrant**: - The State also challenged the trial court's ruling regarding a subsequent search warrant for the cellphone, which the trial court deemed overly broad and not supported by probable cause. - The appellate court highlighted the need for the defendant to provide evidence showing the invalidity of the warrant and noted the lack of factual development in the record. ### Conclusion: The appellate court reversed the trial court's decision to suppress the evidence. It determined that the initial seizure and accessing of Wallace’s phone were reasonable and consistent with legal standards. The matter was remanded to the district court for further proceedings. The decision was unanimously concurred by all judges. **Document Link**: [Download PDF](https://opinions.wirthlawoffice.com/wp-content/uploads/S-2018-229_1734331323.pdf) --- This summary encapsulates the critical elements of the case, focusing on the legal principles involved and the court's reasoning without delving into detailed citations or procedural minutiae.

F-2017-1029

Post author:Staff
Post published:May 23, 2019
Post category:F

In OCCA case No. F-2017-1029, Timothy Brian Bussell appealed his conviction for Rape in the First Degree - Victim Unconscious. In an unpublished decision, the court decided to affirm the judgment and sentence against him. One judge dissented. Bussell was found guilty by a jury and was sentenced to life imprisonment with the possibility of parole, even though the jury recommended life without parole. The case involved Bussell and a co-defendant, who filmed another co-defendant having sex with an unconscious victim. The jury believed there was enough evidence to show Bussell helped and encouraged the assault. Bussell raised ten arguments in his appeal, claiming errors during his trial. He argued that he did not get proper notice of the charges against him, that there was not enough evidence to convict him, and that the trial should have separated him from his co-defendant. He also claimed the victim's testimony was not credible, the prosecution made unfair statements, and that his lawyer did not do a good job. The court reviewed the evidence and found it sufficient for a conviction. They determined there were no significant errors that would affect his rights. The court emphasized that someone's testimony alone could support a conviction, especially if it was backed by video evidence. They concluded that Bussell knew the accusations he was facing and did not show that he was prejudiced by any mistakes made during the trial. Ultimately, the court decided that Bussell's claims did not show any grounds for reversing his conviction. His serious involvement in the crime was evident. The sentence was upheld as appropriate based on the crime he committed, emphasizing the importance of the victim's mistreatment.

F-2017-622

Post author:Staff
Post published:May 16, 2019
Post category:F

In OCCA case No. F-2017-622, Dakota William Stewart appealed his conviction for two counts of First Degree Manslaughter and one count of Unlawful Possession of a Controlled Dangerous Substance. In a published decision, the court decided to affirm Stewart's judgment and sentence. One member of the court dissented. Stewart was involved in a car accident where his vehicle collided with another, resulting in two deaths. He was critically injured and taken to the hospital, where, without a warrant or his consent, a nurse drew blood to test for drugs. The blood tests showed the presence of methamphetamine and marijuana. Stewart contested the legality of the blood draw, arguing it violated his constitutional rights against unreasonable searches and seizures. Initially, the district court denied his motion to suppress the blood evidence, citing Oklahoma law that permits blood draws without a warrant in severe vehicle accidents. The court referenced previous rulings that support this statute. However, the higher court reviewed these past decisions, particularly focusing on whether the law upheld constitutional protections. The decision highlighted that legal procedures must include an individualized assessment of probable cause by a neutral magistrate to justify warrantless searches. The court found that the law in question, while attempting to streamline procedures for serious accidents, created a blanket rule that bypassed this necessary step. Ultimately, the court ruled that even if the blood draw violated constitutional principles, the good faith reliance on the statute by law enforcement meant the results could still be admitted as evidence. Therefore, the court upheld Stewart's conviction, emphasizing the importance of proper procedure while acknowledging the complexities involved in such tragic incidents.

F-2018-104

Post author:Staff
Post published:May 9, 2019
Post category:F

In OCCA case No. F-2018-104, Dameon Tyrese Lundy appealed his conviction for Possession of a Controlled Drug with Intent to Distribute. In an unpublished decision, the court decided to affirm his conviction. One judge dissented. Dameon Tyrese Lundy was found guilty by a jury in Tulsa County for having drugs and cash that suggested he intended to sell drugs. He was sentenced to sixty years in prison and had to pay a fine. He was acquitted of another charge related to money from drug sales. Lundy had two main arguments in his appeal. First, he said the trial court made a mistake by not allowing his lawyer to suppress evidence found by the police. He argued that the police did not have the right to approach him outside a bar. However, the court found that the police were allowed to speak to him in a public place and had a good reason to suspect him because they could smell marijuana and he acted suspiciously. So, they decided there was no mistake by the trial court. Secondly, Lundy claimed there wasn't enough evidence to prove that he intended to sell drugs. His defense was that the drugs were for personal use, but the court said that a reasonable jury could think that Lundy was selling drugs due to the large amount of different drugs and cash he had. This means that the evidence was enough to support his conviction. Lundy then argued that his sentence was too harsh. He pointed out that the laws changed after his crime, meaning someone charged now would face a lower maximum sentence. However, the court stated that the new laws couldn’t be applied to Lundy's case because his crime was committed before the law changed. They concluded that the sentence was proper because of his past convictions. In the end, the court upheld the original decision from the district court, meaning Lundy will have to serve his sentence.

F-2016-375

Post author:Staff
Post published:April 25, 2019
Post category:F

This document is the opinion of the Oklahoma Court of Criminal Appeals regarding the appeal of James Stanford Poore from his convictions of four counts of First Degree Murder and two counts of Robbery with a Firearm, which occurred in Tulsa County District Court. The jury recommended sentences of life imprisonment without the possibility of parole for the murder convictions and life imprisonment for the robbery charges. The opinion outlines the factual background of the case, including the brutal murders of four victims during a robbery and the subsequent evidence linking Appellant Poore and his brother Cedric Poore to the crime. Key pieces of evidence included witness testimonies, DNA analysis, and ballistic evidence connecting the Poores to both the murders and an earlier robbery. The appellate court addressed several propositions raised by Poore, reviewing the admission of expert testimony, the exclusion of certain third-party perpetrator evidence, the relevance of other crimes evidence, the legality of the search warrant executed at Poore's mother's residence, and claims of ineffective assistance of counsel. After careful consideration, the court concluded that the trial court did not abuse its discretion in admitting the evidence or denying Poore's requests for different evidence and upheld the sufficiency of the search warrant. The court affirmed the judgment and sentence imposed by the district court, providing a detailed legal rationale for its decisions. The final decision includes an order for the mandate to be issued upon the filing of this opinion. The judgment for both the defendant and the state was documented, with all judges concurring in the decision. For those interested in viewing or downloading the original document, a link is provided at the end of the summary.