Probative Value

F-2021-211

  • Post author:
  • Post category:F

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 In an unpublished decision, the court decided to affirm the conviction for assault and battery with a deadly weapon and felon in possession of a firearm but reversed the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.

Continue ReadingF-2021-211

S-2019-242

  • Post author:
  • Post category:S

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 In an unpublished decision, the court decided to affirm the trial court's ruling that denied the State's request to introduce evidence of the defendant's prior sexual offenses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.

Continue ReadingS-2019-242

F-2018-957

  • Post author:
  • Post category:F

**IN THE COURT OF CRIMINAL APPEALS OF THE STATE OF OKLAHOMA** **DUSTIN SCOTT PATTON,** Appellant, Case No. F-2018-957 **V.** **STATE OF OKLAHOMA,** Appellee. **SUMMARY OPINION** **HUDSON, JUDGE:** Dustin Scott Patton was convicted in the District Court of Kay County, Case No. CF-2017-258, of Assault and Battery with a Deadly Weapon, violating 21 O.S.2011, § 652(C). A jury recommended a ten-year sentence, and Honorable David Bandy, District Judge, imposed the sentence as per the jury's verdict. Patton appeals with two propositions of error. 1. **The modified jury instruction improperly relieved the State of proving an essential element of the crime charged.** 2. **Appellant was deprived of a fair trial due to numerous pleas for sympathy for the victim during trial.** Upon thorough review of the record and arguments presented, we find no grounds for relief. Patton's judgment and sentence are **AFFIRMED**. **Proposition I:** Patton concedes he did not object to Instruction No. 24 at trial, necessitating plain error review. To establish plain error, Patton must show an actual error that is obvious and affects his substantial rights. Previous case law indicates that certain weapons, like knives, are per se deadly weapons. Instruction No. 24, which classified a knife as a deadly weapon, was not erroneous, and thus Proposition I is **denied**. **Proposition II:** For prosecutorial misconduct claims, relief is granted only if the misconduct renders the trial fundamentally unfair. Patton only objected to the display of the victim’s scars. The presentation of the victim’s injuries primarily served to illustrate the crime's severity and the use of force, which was pertinent to the charges against Patton. This evidence was not unduly prejudicial, and thus, Proposition II is also **denied**. **DECISION:** The District Court's Judgment and Sentence are **AFFIRMED**. *Issued upon the delivery and filing of this decision.* **OPINION BY:** HUDSON, J. **CONCUR:** LEWIS, P.J.; KUEHN, V.P.J.; LUMPKIN, J.; ROWLAND, J. --- For further details, you can download the full opinion [here](https://opinions.wirthlawoffice.com/wp-content/uploads/F-2018-957_1734873972.pdf).

Continue ReadingF-2018-957

F-2018-1144

  • Post author:
  • Post category:F

In the case of William G. Epperly v. The State of Oklahoma (Case No. F-2018-1144), the Oklahoma Court of Criminal Appeals upheld the judgment and sentence imposed by the District Court of Oklahoma County. The court found that the evidence presented during Epperly's trial was admissible, and his claims of error, including issues related to hearsay, relevance, and jury instructions, did not warrant reversal of his conviction for Sexual Abuse of a Child. ### Key Points from the Court's Decision: 1. **Admission of Excited Utterance Evidence**: The court found that statements made by Tiffany Epperly (Epperly's spouse) to two witnesses fell under the excited utterance exception to hearsay, as she was under emotional stress when she reported witnessing the alleged abuse. 2. **Text Messages and Witness Testimony**: The court ruled that reading text messages sent by Sutphen to Tiffany Epperly was not hearsay because they were used to challenge Tiffany's credibility rather than to prove the truth of the matter asserted. Additionally, the testimony about Tiffany's changing demeanor was deemed relevant to the case. 3. **Witness Reading from Police Report**: Former Officer Richardson's reading from his police report, which included Tiffany Epperly's statements, was allowed because it served to impeach her trial testimony, not as hearsay. 4. **Internet Search Evidence**: The court deemed the evidence concerning Epperly's internet search about Oklahoma sex laws to be relevant, as it could suggest a consciousness of guilt. 5. **Judgment and Sentence Corrections**: The court noted that the issues regarding credit for time served and the $100 fine were resolved with an amended judgment, making that claim moot. 6. **Jury Instruction on Sex Offender Registration**: The court did not find that the failure to instruct the jury about sex offender registration constituted an error warranting relief, consistent with prior rulings. 7. **Cumulative Error Doctrine**: The court concluded that no individual errors occurred that would justify reversal and therefore found no merit in the cumulative error claim. ### Conclusion: The court affirmed the judgment and sentence of the district court, concluding that all claims raised by Epperly were without merit. The decision illustrates the court's adherence to evidentiary rules and its support for the discretion exercised by the trial judge in admitting evidence. For more detailed information, the full opinion can be accessed [here](https://opinions.wirthlawoffice.com/wp-content/uploads/F-2018-1144_1734787047.pdf).

Continue ReadingF-2018-1144

F-2018-36

  • Post author:
  • Post category:F

In OCCA case No. F-2018-36, Robert Eugene Brewer appealed his conviction for Sexual Abuse of a Child Under 12. In a published decision, the court decided to affirm Brewer's conviction. One judge dissented. Brewer was tried in Tulsa County for sexually abusing a child under the age of 12. He was convicted by a jury and sentenced to seven years in prison. He was also ordered to serve three years of supervision after his prison term. Brewer appealed the decision, arguing that the trial court made a mistake by allowing evidence related to other crimes that he believed had not been proven. The court reviewed the evidence and arguments presented. The main issue was whether the trial court had the right to let in evidence that showed Brewer had a pattern of behavior related to sexual abuse. This type of evidence is sometimes called propensity evidence. Brewer argued that the trial court should have held a special hearing before allowing this evidence and should have required witnesses to testify in person. However, the court found that the trial judge had done a thorough job. The judge had held multiple hearings and considered the evidence carefully. The judge did not make a mistake by allowing the evidence because they had enough information to decide it was relevant and necessary for the case. Even though Brewer did not object to the evidence when it was presented during the trial, the court considered whether there was a serious mistake that affected the fairness of the trial. After reviewing everything, the court concluded that the trial judge acted correctly. In summary, the court believed that the evidence presented was acceptable and did not harm Brewer's case. Therefore, Brewer’s conviction was upheld, but the court also instructed the district court to make some corrections to its legal documents regarding the correct law that applied to Brewer's actions at the time of the crime. The decision was to keep Brewer's sentence in place while correcting the legal documentation properly.

Continue ReadingF-2018-36

M-2018-267

  • Post author:
  • Post category:M

**IN THE COURT OF CRIMINAL APPEALS OF THE STATE OF OKLAHOMA** **ROBERT AARON RODGERS,** **Appellant,** **V.** **THE STATE OF OKLAHOMA,** **Appellee.** **Summary Opinion** **KUEHN, VICE PRESIDING JUDGE:** On January 17, 2017, Appellant was charged in Grady County District Court with Domestic Abuse - Assault and Battery, in violation of 21 O.S.Supp.2014, § 644(C) in Case No. CM-2017-36. Appellant was found guilty following a jury trial and the Honorable Timothy A. Brauer, Special Judge, sentenced him according to the jury's recommendation to a $1,000 fine. Appellant appeals. Appellant raises three propositions of error in support of his appeal: **I.** Mr. Rodgers was denied a fair trial because the trial court refused to instruct on his theories of defense. **II.** The admission of irrelevant and prejudicial expert testimony on domestic abuse was plain error entitling Mr. Rodgers to a new trial. **III.** The audio tape sponsored by Cindy Trapp failed to meet the requisites for admissibility. Admission of this evidence denied Mr. Rodgers a fair trial. After thorough consideration of the entire record before us, including the original record, transcripts, exhibits, and briefs, we find that the law and evidence do not require relief. **Proposition I**: Appellant argues he is entitled to a new trial because the trial court denied his request for jury instructions on defense of another and defense of property. Decisions denying requested jury instructions are reviewed for abuse of discretion. Appellant fails to establish that any unlawful interference with his property occurred or was imminent. The trial court did not abuse its discretion in denying these instructions. **Proposition II**: Appellant contends that the testimony of Amanda Grayson, an expert on domestic violence, was irrelevant and prejudicial. Appellant did not object to the testimony at trial, waiving appellate review except for plain error. The expert testimony was relevant and provided insight into the victim's behavior and Appellant's intent. Thus, Proposition II is without merit. **Proposition III**: Appellant challenges the admission of a duplicate recording of a conversation based on the best evidence rule. Appellant objected on the basis of relevance rather than the best evidence rule, and thus has waived that issue. No genuine question regarding the authenticity of the duplicate was established, and the trial court took steps to ensure the jury was not misled by the recording. Therefore, Proposition III is denied. **Decision**: The Judgment and Sentence of the trial court is AFFIRMED. The MANDATE is ORDERED issued upon the filing of this decision. **APPEARANCES** **COUNSEL FOR DEFENDANT** ED GEARY **COUNSEL FOR APPELLANT** DAVID AUTRY **COUNSEL FOR STATE** NATALIA LEVCHENKO MIKE HUNTER KATHERINE MORELLI **OPINION BY**: KUEHN, V.P.J. **LEWIS, P.J.: CONCUR** **LUMPKIN, J.: CONCUR** **HUDSON, J.: CONCUR** **ROWLAND, J.: CONCUR** **RA/F** --- This summary captures the key elements of the case involving Appellant Robert Aaron Rodgers, the propositions of error raised, and the court's analysis and decisions, providing a streamlined understanding of the court's ruling.

Continue ReadingM-2018-267

F-2018-248

  • Post author:
  • Post category:F

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.

Continue ReadingF-2018-248

F-2018-119

  • Post author:
  • Post category:F

In OCCA case No. F-2018-119, Arthur Tequon Hill, Jr. appealed his conviction for Robbery with a Firearm, Kidnapping, and Gang Association. In an unpublished decision, the court decided to affirm the judgment and sentence. No one dissented. Arthur Tequon Hill, Jr. was found guilty by a jury for several serious crimes. The jury decided he should go to prison for 25 years for robbery, 20 years for kidnapping, and 5 years for gang association. The court said he must serve these sentences one after the other. Hill made several arguments in his appeal. First, he suggested that there wasn’t enough evidence to support his conviction and that the case should be dismissed. However, the court found that there was enough evidence for a reasonable person to believe he was guilty, so this argument was rejected. Second, Hill argued that the court should not have allowed the jury to hear about other robberies he was involved in just days before this crime. The court ruled that this evidence was permissible because it showed similarities between the robberies and helped prove his identity in this case. Third, he claimed the court made a mistake by letting the jury separate after they finished hearing the case, which he said could lead to unfair influence. The State agreed this was an error but said it wasn't harmful. The court concluded the jurors followed instructions not to talk about the case while they were apart, so this did not harm Hill’s case. Lastly, Hill argued that evidence about his gang membership was presented in a way that was too unfair and made his trial less fair. The court disagreed and stated that the evidence was important to the case. They believed it helped confirm his involvement in the robbery. In the end, the court found no reasons to change Hill's conviction or punishment. The decision to affirm his sentencing was based on thorough review of all the points made in his appeal and the evidence presented during the trial.

Continue ReadingF-2018-119

F-2017-1230

  • Post author:
  • Post category:F

In OCCA case No. F-2017-1230, Oleithia June Cudjo appealed her conviction for second degree murder while in the commission of felony driving under the influence, driving while privileged suspended, and transporting an open container of liquor. In an unpublished decision, the court decided to affirm her conviction. One judge dissented.

Continue ReadingF-2017-1230

F-2017-1103

  • Post author:
  • Post category:F

In OCCA case No. F-2017-1103, the appellant appealed his conviction for first degree murder. In a published decision, the court decided to affirm the judgment and sentence. One justice dissented. Jose Jonathan Rivera-Chavez was convicted of killing Wanda Cooper at a hotel. On December 27, 2016, Cooper went to the hotel office pleading for help while covered in blood. She collapsed shortly after and died from her injuries. Witnesses saw Rivera-Chavez trying to open car doors nearby after the incident. The police found him on the run and apprehended him with help from a police dog. Evidence showed blood on his clothes matched Cooper's. During the trial, Rivera-Chavez claimed he was under the influence of drugs and did not intend to kill Cooper. He admitted to stabbing her multiple times with a knife after becoming paranoid during a drug high. Despite his defense, the court noted that his actions and demeanor suggested he was not severely intoxicated. One key issue in the appeal was whether the court allowed evidence of Rivera-Chavez's silence after being read his rights, which he claimed violated his rights. The court found that this evidence was used properly to address his claim of voluntary intoxication and did not unfairly suggest guilt. The court concluded that even if there had been some error in admitting the evidence, it was harmless because ample evidence showed Rivera-Chavez's intent to kill. The judgment and sentence were ultimately upheld.

Continue ReadingF-2017-1103

F-2017-902

  • Post author:
  • Post category:F

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.

Continue ReadingF-2017-902

F-2017-724

  • Post author:
  • Post category:F

In OCCA case No. F-2017-724, the appellant appealed his conviction for multiple crimes, including assault and battery with a dangerous weapon, burglary, domestic abuse, and violation of a protective order. In a published decision, the court decided to affirm the convictions for most counts but dismissed one count due to double punishment concerns. One judge dissented.

Continue ReadingF-2017-724

S-2017-986

  • Post author:
  • Post category:S

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.

Continue ReadingS-2017-986

F-2014-931

  • Post author:
  • Post category:F

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.

Continue ReadingF-2014-931

F-2014-830

  • Post author:
  • Post category:F

In OCCA case No. F-2014-830, Cody Wayne Mayfield appealed his conviction for possession of a controlled dangerous substance and failure to stop at a red light. In a published decision, the court decided to reverse Count 2 and remand with instructions to dismiss it, while affirming the other counts. One judge dissented. The case involved Mayfield being found guilty of two counts of possession of a controlled dangerous substance and one count of failure to stop at a red light. He was sentenced to life imprisonment for the drug charges and ten days in jail for the traffic violation. Mayfield raised several points in his appeal. He claimed that being convicted for two types of possession from the same incident violated double jeopardy rules, which protect against being punished twice for the same crime. He also argued that certain evidence presented in court, including information about his past crimes and a photograph of a piece of cellophane, was not relevant and unfairly biased the jury. The court found that the first count of possession was improperly charged alongside the second due to double jeopardy, so they reversed the second charge. However, in relation to the other arguments, the court decided that the admission of the pen packet evidence and the photograph did not greatly affect the trial's outcome. The court also ruled that there wasn’t enough evidence for Mayfield to claim that he wasn't connected to the drugs found in the area. Additionally, Mayfield's complaints about his lawyer's performance did not lead to a different outcome, as the court found the defense wasn't significantly lacking. Finally, the court noted that Mayfield’s life sentence was appropriate and consistent with the law because of his past criminal record. Most of Mayfield's arguments were rejected, leading to the final decision.

Continue ReadingF-2014-830

S-2013-790

  • Post author:
  • Post category:S

In OCCA case No. S-2013-790, the State of Oklahoma appealed the conviction of Fowler for Domestic Assault and Battery in the Presence of a Minor. In an unpublished decision, the court decided to uphold the ruling of the trial court, which prohibited the testimony about another incident of domestic violence involving Fowler and his former girlfriend. One judge dissented. Here's a summary of the case. Fowler was charged with domestic violence against his wife, Andrea, in front of their young son. Before the trial, the State wanted to use evidence of past violent behavior by Fowler to strengthen their case. They aimed to show that Fowler had a pattern of violent actions, including a similar incident against a former girlfriend, Terri East, and another against Andrea in the past. However, the trial court allowed some evidence but ultimately decided that the specific incident involving Terri East could not be used in court. The court ruled this evidence was not relevant enough to help prove the current case against Fowler. The judge felt that bringing in this past incident would unfairly bias the jury against Fowler without directly connecting it to the charges at hand. The State argued that the evidence would show a pattern of behavior and that Fowler's actions were not accidental. However, the court found that the two incidents weren't closely related enough to justify including the evidence about Terri East. The court based its decision on legal standards that say other crimes cannot be used simply to paint a bad picture of a person's character. In the end, the court affirmed the trial court's decision, supporting the idea that each case should be proven based on the evidence directly related to the charges, rather than on past actions that might suggest a person is guilty. The case concluded with the court ruling in favor of Fowler, maintaining the exclusion of the evidence against him.

Continue ReadingS-2013-790

S-2013-483

  • Post author:
  • Post category:S

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.

Continue ReadingS-2013-483

F-2009-407

  • Post author:
  • Post category:F

In OCCA case No. F-2009-407, Thomas Ray Young appealed his conviction for four counts of Sexual Abuse of a Child. In an unpublished decision, the court decided to affirm the convictions but modify the sentences to be served concurrently. One judge dissented. Young was found guilty of sexually abusing his daughter and was sentenced to four life terms in prison, which the jury recommended to be served one after the other. Young raised several issues in his appeal, including claims that the trial court made errors by allowing certain evidence, giving confusing jury instructions, allowing expert testimony that supported the complainant's credibility, and examples of prosecutorial misconduct. Additionally, Young argued that the accumulated errors denied him a fair trial. The court carefully assessed the evidence admitted during the trial. Young contested evidence about past physical abuse towards his daughter and son, as well as a 1979 sexual assault against a teenager. The court found that references to the past abuse of the daughter were relevant to understand why she may have been hesitant to report the sexual abuse. The mention of his son was seen as proper because it challenged the credibility of a defense witness. However, evidence regarding the 1979 sexual assault had minimal relevance and could have been too prejudicial. Regarding jury instructions, the court found the trial judge's instructions were tailored to the evidence, even though they were not standard. The court decided that these instructions did not create errors. The expert witnesses presented by the state were seen as helpful rather than harmful to the case; they did not improperly support the credibility of the complainant. The court ruled that most of the prosecutor's comments during trial did not warrant a problem, except for some details about Young's criminal past, which could have unfairly influenced the jury. The court believed that the modification of Young's sentences to run concurrently addressed any potential unfairness. In summary, the court affirmed Young's conviction but changed his sentences to be served at the same time instead of one after another.

Continue ReadingF-2009-407

F-2007-909

  • Post author:
  • Post category:F

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.

Continue ReadingF-2007-909

F-2008-061

  • Post author:
  • Post category:F

In OCCA case No. F-2008-061, Antwaun Deon Lewis appealed his conviction for First Degree Malice Murder and Robbery with a Firearm. In a published decision, the court decided to modify his sentence for first degree murder from life without the possibility of parole to life imprisonment but affirmed the judgment and sentence for robbery. One judge dissented regarding the issue of the introduction of certain testimony. The case began when Lewis and another person killed Orlando Prudom at a park in Tulsa, Oklahoma. They shot Prudom multiple times and took items from him. Lewis was found guilty by a jury and received a harsh sentence because of his previous criminal record. During the appeal, Lewis raised several issues. One concern was about the trial procedure used when the jury decided his sentence after learning of his past conviction. He argued that the jury should not have known about his prior conviction when deciding the murder sentence. The court agreed that the trial procedure was flawed, which affected the fairness of his sentencing, leading them to change his sentence. Lewis also argued that a witness's testimony from a previous trial was used improperly without giving him a chance to confront her. However, the court decided that this error did not significantly affect the outcome because there was a lot of strong evidence against him, such as his own admissions and other witnesses' accounts. Another point Lewis raised was about the introduction of photographs of the victim, which he described as gruesome. The court ruled that these photographs were relevant to the case and did not unfairly prejudice the jury against him. Lastly, Lewis claimed he had ineffective assistance from his lawyer during the trial. The court found that the arguments regarding the trial process were enough to provide relief, while other claims did not show that he suffered from any real prejudice during the trial. The final decision upheld the conviction for murder and robbery, modified the murder sentence, and confirmed the revocation of a previously suspended sentence for another crime. In conclusion, while some issues found in the trial were acknowledged, the court maintained that the evidence against Lewis was very strong.

Continue ReadingF-2008-061

F-2006-1086

  • Post author:
  • Post category:F

In OCCA case No. F-2006-1086, Anthony Paul Free appealed his conviction for Lewd Molestation. In a published decision, the court decided to reverse and remand for a new trial. One judge dissented. Free was found guilty of Lewd Molestation after an incident on December 10, 2005, involving a seven-year-old girl. The girl's aunt saw Free touching her inappropriately. During the trial, the State introduced evidence of Free's prior sexual offenses from twenty years earlier, which Free objected to. He argued that this evidence was unfair and did not relate to the current case. The court ultimately found that the past offenses had no clear connection to the current charges. They determined that using this older evidence was likely to prejudice the jury against Free, which isn't allowed. As a result, the trial court's decision to admit this evidence was seen as a substantial violation of Free's rights, leading the court to reverse the previous conviction and call for a new trial.

Continue ReadingF-2006-1086

F-2006-348

  • Post author:
  • Post category:F

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.

Continue ReadingF-2006-348

F 2005-651

  • Post author:
  • Post category:F

In OCCA case No. F 2005-651, the appellant appealed his conviction for Shooting with Intent to Kill. In an unpublished decision, the court decided to affirm the conviction but modify the sentence from twelve years to ten years of imprisonment. One member of the court dissented. The case involved the appellant, who was found guilty by a jury. The trial took place in Tulsa County, and the jury decided on the punishment. The appellant challenged the trial by arguing that the court made several errors. He felt that the jury was not given the correct information about how long he would have to serve of his sentence. The jury even asked about this during their discussions. The court had previously ruled that information about the eighty-five percent rule wasn't given to the jury, which the appellant argued was unfair. The court agreed that the jury should have been informed about the rule stating how much time must be served, and so they changed his sentence to ten years instead of twelve. Additionally, the appellant argued that evidence from other crimes should not have been allowed during his trial, but the court felt that this evidence was important to show his motives and did not unfairly prejudice the jury. Finally, the appellant claimed he did not receive proper assistance from his lawyer, but the court found that the lawyer's actions were considered okay under the law. Overall, the decision affirmed the conviction but made the punishment a bit less severe.

Continue ReadingF 2005-651

F-2003-1261

  • Post author:
  • Post category:F

In OCCA case No. F-2003-1261, Ronnie Odell Gargus appealed his conviction for Rape by Instrumentation, five counts of Sodomy, and Lewd Acts with a Child. In an unpublished decision, the court decided to affirm Gargus' convictions and sentences. One judge dissented. The case involved a jury trial where Gargus was found guilty of serious sexual offenses against a child. The jury decided on lengthy prison sentences for each count, totaling a significant amount of time in prison. Gargus raised two main points in his appeal. First, he argued that he should have been allowed to ask the State's expert witness about any bias in his testimony against Gargus. The court acknowledged that usually, a witness cannot be questioned about their past arrests if there was no conviction. However, the court agreed that there are times when it is important to explore a witness’s potential bias, especially if the witness has pending criminal issues. Despite this, the court found that excluding the questioning about the expert's bias did not change the outcome of the case since there was also strong evidence against Gargus, including the child’s own credible testimony. Second, Gargus claimed he was not properly informed before the court ordered him to pay restitution to the victim. The court noted that Gargus did not raise this issue during the trial. However, they agreed that the amount of restitution was not clearly supported by evidence, and that needed to be corrected. The court ordered a new hearing to determine the correct amount that Gargus should pay. Overall, the court upheld the convictions and long sentences but recognized that some legal issues concerning restitution needed further attention. They will have a new hearing to ensure the restitution amount is fair and based on proper evidence.

Continue ReadingF-2003-1261

F 2001-1348

  • Post author:
  • Post category:F

In OCCA case No. F 2001-1348, Holly Ann Glasgow appealed her conviction for two counts of Robbery by Force and Fear. In a published decision, the court decided to reverse the conviction on Count One and remand it to the district court to change the charge to Receiving Stolen Property with a reduced sentence. The conviction on Count Two was affirmed. One judge dissented.

Continue ReadingF 2001-1348