J 2000-690

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In OCCA case No. J 2000-690, M.G. appealed his conviction for disturbing a meeting and assault and battery. In a published decision, the court decided to reverse the adjudication of delinquency and remand the case to the trial court for a new hearing. One justice dissented. The case began when M.G. was found delinquent after a jury trial held in Grady County. The judge decided that M.G. had committed acts that could be considered disturbing a meeting and assault and battery. After the trial, M.G. appealed the decision, raising multiple arguments as to why the finding should be overturned. One of the main arguments was that M.G.'s mother did not receive proper notice of the trial, which meant the court did not have the right to make a decision about M.G. without her being informed. The court found this point very important. It decided that because the mother wasn’t served with the petition, the trial process was not valid. M.G. also argued that expanding the definition of disturbing a meeting to include disruptions in school classes made the law unclear and too broad. He believed this was unfair. Moreover, he claimed there wasn’t enough evidence to support the allegations of assault and battery or disturbing the peace. The State of Oklahoma, the other party in this case, did not respond to M.G.’s arguments during the appeal. Because of the lack of reply from the State, the court decided to review the case based solely on M.G.'s points. After looking at all the information provided, the court stressed the significance of proper notice to the parents in these types of cases. They referred to a previous case to back up their reason for reversing M.G.’s adjudication. In the end, the court instructed that a new hearing must take place where all proper notices are given to the required parties. Ultimately, the court's decision meant that M.G. would have another chance to address the accusations against him in a lawful manner, ensuring that his rights and his family’s rights were properly respected.

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F-1999-1652

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In OCCA case No. F-99-1652, Mickey Lee Cosar appealed his conviction for Possession of Marijuana with Intent to Distribute and Unlawful Possession of Paraphernalia. In a published decision, the court decided that his termination from the Drug Court program was not handled correctly and mandated a new termination hearing with proper notice. One judge dissented. The case began when Cosar entered a blind plea to the drug charges in September 1998 as part of a condition to join the Drug Court program, which allows individuals to receive treatment instead of immediate punishment. However, during the process, certain legal requirements were not met. A hearing in April 1999 determined that Cosar should be removed from the Drug Court program, which led to a sentencing hearing in May 1999 where he was sentenced to life in prison despite not having any prior serious convictions. On appeal, Cosar argued that he was denied due process because he was improperly arrested, was not given proper notice of the charges against him, and was not presented a fair hearing before a judge. He contended that his sentence was too harsh given his background and that it was improperly based on unproven allegations. The court found merit in Cosar’s claims. It noted that he did not receive written notice of the termination hearing, which is necessary, and that his due process rights were violated. The court emphasized that to follow proper legal procedures, a new hearing must be held where Cosar would receive notice of the reasons for his termination from the Drug Court. This notice must be clear enough for him to prepare a defense. Moreover, the court stated that the sentencing hearing was flawed because the judge considered improper evidence and unsworn testimony. The judge based the harsh life sentence on matters unrelated to the charges for which Cosar was convicted, including knowledge of allegations of a rape and murder that were not properly vetted in court. The decision noted that a judge should only consider evidence presented during the formal hearing process, which did not happen here. The court’s ruling ordered a new termination and, if necessary, a new sentencing hearing to be conducted by a different judge who would base the decision solely on the evidence presented appropriately. The conclusion stressed the importance of following the law to preserve the integrity of the judicial process, particularly within programs aimed at rehabilitating offenders. In summary, Cosar’s appeal highlighted the need for proper legal procedures in termination and sentencing hearings, emphasizing the rights of defendants to fair treatment under the law.

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