Prosecution Witness

F-2018-626

  • Post author:
  • Post category:F

In the case of Carl Douglas Crick, Jr. v. The State of Oklahoma, the Court of Criminal Appeals of Oklahoma reviewed Crick's appeal following a jury trial that found him guilty of multiple counts of sexual offenses, including first degree rape and lewd acts with a child. Crick received life sentences for certain counts, while others received lesser prison terms. The trial court ordered some sentences to run concurrently and others consecutively. Crick's main contention on appeal was that he received ineffective assistance of counsel, specifically citing his attorney's failure to present certain witnesses and to object to improper testimony from a prosecution witness that allegedly vouched for the credibility of the victim. The court applied the standard set forth in Strickland v. Washington, which requires the appellant to show that his counsel’s performance was deficient and that this deficiency prejudiced the outcome of the trial. The court determined that the evidence presented by Crick did not clearly demonstrate a strong possibility that counsel’s performance fell below constitutional standards. As such, Crick's request for an evidentiary hearing to further explore these claims was denied. The court also assessed the claim concerning the prosecution witness's testimony. It concluded that the alleged vouching was not comparable to previous cases that warranted reversal, thus affirming that counsel's choice not to object did not amount to deficiency. Ultimately, the Court of Criminal Appeals affirmed the judgment and sentence of the trial court, indicating that Crick had not established a violation of his right to effective counsel. The decision was issued with a note for the mandate to be ordered upon delivery and filing of the decision.

Continue ReadingF-2018-626

F-2017-67

  • Post author:
  • 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.

Continue ReadingF-2017-67

F-2018-852

  • Post author:
  • Post category:F

This document is a summary opinion from the Court of Criminal Appeals of the State of Oklahoma regarding the case of Donald Ray Morrow. The key points of the opinion are as follows: 1. **Case Background**: Donald Ray Morrow was convicted by a jury of first-degree burglary, second-degree burglary, and larceny of an automobile in Custer County. He received a concurrent sentencing of fifteen years for the first-degree burglary, four years for the second-degree burglary, and six years for larceny. 2. **Propositions of Error**: Morrow raised two main arguments on appeal: - **Proposition One**: He claimed the trial court erred by allowing a juror who had a social acquaintance with a prosecution witness to remain on the panel. Upon examination, the juror stated that she could set aside any prior knowledge and decide based solely on the evidence presented. The court found no actual bias or harm and denied the request for a mistrial. - **Proposition Two**: Morrow argued that his sentence did not properly reflect credit for time served. The court agreed that an order was necessary to ensure that the credit for time served is accurately recorded in the judgment. 3. **Decision**: The Court of Criminal Appeals affirmed Morrow's convictions but remanded the case to the trial court with instructions to correct the judgment to reflect that he is to receive credit for time served. 4. **Outcome**: The mandate was ordered to be issued upon the filing of the decision, and all participating judges concurred with the opinion. For those interested in the full legal document, a link to download the complete opinion in PDF format is provided.

Continue ReadingF-2018-852