In OCCA case No. F-2002-203, Kristy Ladell Thompson appealed her conviction for robbery with a weapon, conspiracy, and assault and battery with a dangerous weapon. In an unpublished decision, the court decided to affirm the convictions for robbery with a weapon and conspiracy but reversed the conviction for assault and battery, directing that it be dismissed. One judge dissented regarding the conspiracy conviction, believing there wasn't enough evidence to support it.
In OCCA case No. F-2002-202, Kenneth Glenn Thompson appealed his conviction for robbery with a weapon, conspiracy, and assault and battery with a dangerous weapon. In an unpublished decision, the court decided to affirm the convictions for robbery with a weapon and conspiracy but reversed the conviction for assault and battery. One judge dissented regarding the conspiracy charge, believing there was not enough evidence to support it.
In OCCA case No. F 2002-101, Danny Joe Boomershine appealed his conviction for Forcible Sodomy and Rape by Instrumentation. In an unpublished decision, the court decided to affirm his convictions but modified the sentences to run concurrently instead of consecutively. One judge dissented, suggesting that the sentences should be modified to life.
In OCCA case No. F-2001-1372, #Welch appealed his conviction for #First Degree Burglary and Peeping Tom. In an (unpublished) decision, the court decided #to affirm the conviction but vacate the fine imposed. #No one dissented. Tony Wayne Welch was found guilty of breaking and entering a building and also for being a Peeping Tom. The court sentenced him to thirty years in prison for burglary and one year in jail for the Peeping Tom charge, which would be served at the same time. Welch challenged several things about his trial. First, he said the jury should have been told they could consider a lesser charge of breaking and entering, but the court said that was not appropriate. Then, he argued that the prosecution misled the jury, but the court disagreed, stating that the prosecution's remarks did not unfairly influence the jury. Welch also claimed his lawyer did not represent him well, but the court found no evidence that this hurt his case. The court did determine, however, that there was a mistake in how the punishment for Peeping Tom was explained to the jury, which was considered a serious error. Since Welch had already served his jail time since the trial, there wasn’t much that could be done about it. The court decided to take away the $500 fine from the Peeping Tom charge. Lastly, the court found that it was not required to inform the jury about how much time Welch would have to serve before he could be released on parole. They decided that his overall sentence was fair, and nothing about the trial significantly harmed his chances for a fair outcome. In the end, the court upheld the verdict of the jury but removed the fine, stating that despite some issues during the trial, they did not impact the fairness of his conviction.
In OCCA case No. F-2001-1488, Robert Wesley Choate appealed his conviction for manufacturing a controlled dangerous substance, possession of a precursor, and possession of a controlled dangerous substance. In an unpublished decision, the court decided to uphold the conviction for manufacturing but reversed the conviction for possession of a precursor, which means that his punishment for that charge was dismissed. One member of the court dissented from this decision.
In OCCA case No. F-2002-106, Christian Satterfield appealed his conviction for Attempted Manufacture of a Controlled Dangerous Substance (Count I), Possession of a Precursor (Count II), and Possession of a Firearm While Committing a Felony (Count III). In an unpublished decision, the court decided to affirm Counts I and III and reverse Count II with instructions to dismiss. One judge dissented. Satterfield was found guilty of attempting to make a dangerous drug and also having items that could be used to make that drug. During the trial, Satterfield's jury said he should be in prison for a total of forty-two years. The court also decided he should pay a big fine. Satterfield's lawyers argued that he shouldn’t be punished for both attempting to make a drug and having items to help make that drug because it was unfair to be punished twice for similar actions. The court agreed and decided that the conviction for having those items should be reversed. They also looked at whether some rules were followed in Satterfield's trial. They decided that even though the lawyers from the Oklahoma Bureau of Narcotics had a big role in the case, it didn’t mean Satterfield didn’t get a fair trial. They said the jury had the right instructions about punishments, despite the defense’s claims. The court found evidence used in the trial was okay and supported Satterfield's conviction for using a gun while committing a felony. In the end, Satterfield's sentences for the first and last counts of his conviction were kept, but they reversed the second count, which meant the charges for possession of a precursor were dropped. The judges all agreed on most parts of the decision, but one judge felt that the way the jury was told about the punishment wasn’t right and thought Satterfield should have received a shorter sentence based on newer laws.
In OCCA case No. F-2001-1165, Shawn R. Chapman appealed his conviction for multiple serious crimes. In a published decision, the court decided to modify some of his sentences. One judge dissented. Chapman was found guilty of several serious charges, including first-degree rape, rape by instrumentation, kidnapping, and drug-related offenses in Logan County. He was given lengthy prison sentences, amounting to a total of 480 years. Chapman raised many reasons to challenge his convictions and sentences. He argued that the evidence presented against him was unfairly prejudicial, and he claimed that his lawyer's comments during the trial hurt his case. Chapman also thought that the jury's verdicts for some of the sexual crimes were not allowed under the law because they were too similar. He felt that the trial court did not allow enough time for his lawyer to prepare and that his sentences were too harsh. The court examined all the evidence and arguments. They found no reason to overturn the convictions but decided that some of the sentences should be changed. The judges agreed that the evidence from other crimes was relevant and that it did not unfairly influence the jury. They believed that the sentences for the rape charges were too long and changed them to life imprisonment, while still upholding the other sentences. The court concluded that there were no overall errors that would change the outcome of the trial, and they affirmed most of the decisions made by the lower court. However, one judge disagreed with the modification of the sentences, believing that the jury's decisions on the punishments were justified given the severity of the crimes Chapman committed.
In OCCA case No. F 2002-1339, Marlon L. Johnson appealed his conviction for Kidnapping, First Degree Rape, and Forcible Sodomy. In an unpublished decision, the court decided to reverse the conviction for First Degree Rape and remand it to the district court for dismissal, while affirming the convictions for Kidnapping and Forcible Sodomy. One judge dissented. The case began when Marlon L. Johnson was found guilty of three serious crimes after a jury trial in Tulsa County. He was sentenced to thirty-five years for each crime, to be served one after the other, totaling a significant amount of time. Johnson claimed that there were many mistakes made during his trial, which he believed should lead to a reversal of his convictions or a new trial. The court looked at the arguments Johnson made. He said the charges were mixed up and that it wasn't clear whether the jury agreed on the specific facts for the rape charge. The court agreed that the jury might have relied on different facts to reach their decision about the rape charge, so they reversed that conviction. However, the court felt that there was enough evidence to support the kidnapping conviction, meaning they believed the jury was right about that part. Johnson also argued that his lawyer didn't do a good job, but the court felt his lawyer performed effectively. Other arguments made by Johnson, like improper statements from the prosecutor and issues with sentencing, were not enough to change the overall decision. The court decided that some mistakes were made, but they were not serious enough to hurt Johnson's chances for a fair trial. In the end, the court confirmed the kidnapping and forcible sodomy convictions because they believed the jury made the right decisions for those charges. However, because they couldn't be sure about the rape charge, they sent it back to be dismissed.
In OCCA case No. F-2001-692, William Ray Pratt appealed his conviction for First Degree Rape by Instrumentation and Child Sexual Abuse. In an unpublished decision, the court decided to affirm the convictions and sentences for most counts but reversed one count due to lack of evidence. One member of the court dissented. Pratt was found guilty of several serious crimes against a child and was sentenced to a total of 45 years in prison, with the sentences for each count set to run one after the other. He challenged his conviction on several grounds, which were carefully reviewed by the court. First, Pratt argued that evidence of other crimes against him should not have been allowed in the trial. The court found that this evidence was considered appropriate because it showed similar behavior. Next, Pratt claimed there were mistakes made during the trial that hurt his chance for a fair trial. The court disagreed, saying that the mistakes did not significantly affect the outcome of his trial. Finally, Pratt mentioned that there was not enough evidence for one of the counts against him. The court agreed with this, stating that the required proof of penetration was missing for that specific count, leading them to reverse the conviction for that charge and instruct the lower court to dismiss it. Overall, while Pratt's appeal was partially successful, the court upheld most of his convictions and sentences.
In OCCA case No. F-2001-444, Eric Anthony Rivera appealed his conviction for Kidnapping and Domestic Abuse. In a published decision, the court decided to reverse the Kidnapping conviction and instructed to dismiss it, while affirming the conviction for Domestic Abuse. One judge dissented. Eric was tried by a jury and found guilty of two serious charges: Kidnapping and Domestic Abuse. The jury gave him a ten-year prison sentence for Kidnapping and a one-year jail sentence for Domestic Abuse, which will be served at the same time. After reviewing the evidence and arguments from both sides, the appeals court found that there wasn't enough evidence to support that Eric truly intended to kidnap the victim secretly. Because of this, the court said that the conviction for Kidnapping should be reversed, meaning they didn't agree with that part of the trial's decision. They felt Eric didn’t get a fair chance regarding that charge because the evidence didn’t meet the legal requirements. However, they found that the case against him for Domestic Abuse still stood strong and was supported by sufficient evidence, so they kept that conviction in place. The judges on the appeal discussed their different opinions about the case, with one agreeing with the majority, while others felt that the Kidnapping conviction should have stayed based on the evidence presented. In the end, the court's decision meant Eric would no longer be punished for Kidnapping but would still serve his sentence for Domestic Abuse.
In OCCA case No. F-2001-1061, Gibbs appealed his conviction for Driving Under the Influence of Intoxicating Liquor, Second or Subsequent Offense. In an unpublished decision, the court decided to affirm the conviction but modify the sentence to eight years in prison. One judge dissented. Gibbs was found guilty by a jury and sentenced to ten years, along with a fine and recommended counseling. Gibbs argued that the evidence against him wasn't enough to convict him. However, the court found the evidence sufficient to support the conviction. Gibbs' defense claimed he wasn’t driving under the influence; he said his car’s accelerator stuck and that someone gave him a ride home. He also stated that his sister saw him drinking at home. The prosecutor, during the trial, made errors when questioning Gibbs about the burden of proof and his rights. Even though there were issues with the prosecutor's comments, the court believed these mistakes did not greatly affect the overall outcome of the case. While the conviction remained, the court decided to lessen Gibbs' sentence due to the errors noted during the trial.
In OCCA case No. F-01-1338, Henderson appealed his conviction for Distribution of a Controlled Substance (Cocaine) and Conspiracy to Distribute a Controlled Dangerous Substance. In an unpublished decision, the court decided to affirm the conviction for Distribution of a Controlled Substance but dismissed the Conspiracy charge. One judge dissented. Henderson was found guilty by a jury of distributing cocaine and conspiracy to distribute it. The jury recommended a total sentence of thirty-five years for each count, to be served one after the other, along with a hefty fine. On appeal, Henderson raised several issues. He argued that his two convictions were unfair because they were based on the same act, leading to double punishment, which is not allowed. The court agreed with this point and dismissed the conspiracy conviction. The court noted that even though a conspiracy usually stands as a separate crime, in this case, the charges were very closely related and relied on the same actions. Because of this, the law was not followed correctly. While Henderson's other claims about the trial were considered, the judges found them to lack enough merit to change the outcome. The court concluded that enough evidence supported his conviction for distributing cocaine, so that part of the case remained in place, while the conspiracy charge was dropped. Overall, the final decision was that the court upheld the guilty verdict for distribution but reversed the conspiracy conviction.
In OCCA case No. F-2001-793, Robert Dale Marlow appealed his conviction for three counts of First Degree Rape, Forcible Sodomy, and First Degree Rape by Instrumentation. In an unpublished decision, the court decided to modify one of the convictions to Second Degree Rape by Instrumentation and also modified the sentences for the remaining convictions. One judge dissented. Marlow was found guilty of serious crimes related to sexual offenses. The jury decided to give him a very long punishment of 100 years for each of the five crimes, which they all ran one after the other, making a total of 500 years. In the appeal, Marlow pointed out several issues with his trial. First, he argued that he didn’t get a fair trial because the judge allowed the jury to hear about another crime that wasn’t related to what he was accused of. This might have made the jury think he was a bad person and influenced their decision. Second, he said the jury was not properly instructed about one of the charges. The charge of First Degree Rape by Instrumentation did not include an important detail about “bodily harm.” Because of this, the court acknowledged that he should have been found guilty of a lesser crime instead. They also talked about how the prosecutor brought in information about other incidents that happened at a different time, which they believed could confuse the jury and affect the fairness of the trial. After looking carefully at everything, the court decided that the conviction for First Degree Rape by Instrumentation should be changed to Second Degree Rape by Instrumentation, and they gave him a new sentence of 20 years for this crime. The other convictions were kept but the sentences were reduced to 40 years each for the remaining counts. All of the sentences will still be served one after the other. This review shows how important it is for trials to be fair, with accurate charges and instructions provided to the jury.
In OCCA case No. F-2001-106, Billy Mack Downey appealed his conviction for Murder in the Second Degree. In an unpublished decision, the court decided to reverse the judgment and sentence, sending the case back for a new trial. One judge dissented. Billy Mack Downey was convicted of murder by a jury in Carter County. He was sentenced to forty years in prison. Downey appealed his conviction, raising thirteen different complaints about how the trial was conducted and claims that he did not receive a fair trial. Here are the main issues Downey raised in his appeal: 1. He argued that it was wrong for the trial court to allow victim impact evidence during the trial, which should only be presented during the sentencing phase. 2. He claimed that the prosecution unfairly increased the credibility of its main witnesses. 3. Downey believed his father should have been allowed to testify, and that the prosecutor took advantage of this situation during closing arguments. 4. He also said the prosecutor acted improperly in a way that affected his chance for a fair trial. 5. Downey filed a motion for a new trial, which he claimed the trial court incorrectly denied. 6. He pointed out errors in how the State impeached one of his defense witnesses. 7. Downey thought the trial judge wrongly instructed the jury on matters related to the law and the testimonies of his co-defendants. 8. He believed certain comments from the judge during the trial may have influenced the jury’s opinion about his guilt. 9. Downey felt he should have been told that his co-defendants were accomplices, which could have affected how the jury viewed their testimonies. 10. He claimed the judge gave an instruction during closing arguments that confused the jury. 11. Downey argued that the collection of errors during the trial ultimately deprived him of a fair verdict. 12. He mentioned the judge wrongly ordered him to pay restitution without sufficient evidence of loss. After reviewing the evidence and considering all of Downey's claims, the court found that he had been deprived of a fair trial due to multiple serious errors. Particularly, it highlighted the combined effect of several of the errors as being significantly damaging to Downey's case. The court specifically identified that the trial court should not have allowed victim impact evidence during the guilt phase of the trial and agreed that Downey was wrongly denied the opportunity to have his father testify. The court believed these issues could have changed the outcome of the trial. Ultimately, the court overturned the original decision and ordered that a new trial be held for Downey, where he would have the chance to address these issues. This ruling aimed to ensure that he could receive a fair trial as guaranteed to him under the law.
In OCCA case No. F-2001-1170, Willie West King, Jr. appealed his conviction for Lewd Molestation of a Child Under Sixteen Years Old. In an unpublished decision, the court decided to affirm the conviction for Count I but reversed the conviction for Count II with instructions to dismiss. One judge dissented regarding the length of the sentence for Count I, suggesting it should be modified to 20 years. Willie West King, Jr. was found guilty by a jury of two counts of lewd molestation after a trial in Texas County. The jury gave a punishment of 65 years for each count, and these sentences were to be served one after the other. King appealed this decision, arguing several points. First, he claimed that the jury instruction on the crime had a serious mistake because it left out an important part that should have been included. However, the court found that even though this was a mistake, it didn’t change the outcome of the trial because other parts of the instructions were clear. Second, King argued that there wasn’t enough evidence to support the second count against him. The court agreed, saying that the evidence really showed an attempt rather than a completed act of lewdness. Therefore, they reversed that part of the conviction and said it should be dismissed. Third, King felt that the court should have told the jury they needed to have another witness to back up the victim's claim. The court disagreed, stating that the victim’s testimony was believable, and did not need another person to support it. Fourth, King thought that the jury should have been informed he would have to serve 85% of his sentence before being eligible for parole. The court found that this wasn’t necessary in this case because the law didn’t require it. They also decided that the prosecutor’s comments during the trial didn’t unfairly influence the jury’s decision. Fifth, King raised a concern about evidence from Texas being allowed in without proper proof. However, the court found that the evidence was correctly shown as valid. Lastly, King argued that all the mistakes in his trial together made it unfair for him. The court concluded that while there were some errors, they were not serious enough to have denied him a fair trial. In summary, the court upheld King’s conviction on Count I but found that Count II was not supported by enough evidence, so it was reversed and dismissed. One judge disagreed with the long sentence for Count I, believing it was too harsh and should be lowered to 20 years instead of 65 years.
In OCCA case No. F-2001-231, Mark Eugene Smith appealed his conviction for Attempted Manufacture of Methamphetamine, Driving under Suspension, Possession of a Controlled Drug, and Possession of a Precursor Substance Without a Permit. In a published decision, the court decided to affirm the convictions and sentences on the charges of Attempted Manufacture of Methamphetamine, Driving under Suspension, and Possession of a Controlled Drug. However, the court reversed and dismissed the conviction for Possession of a Precursor Substance Without a Permit and the related fine. One judge dissented.
In OCCA case No. F 2001-465, Tashiro Rudy Tillman appealed his conviction for Unlawful Possession of a Controlled Drug with Intent to Distribute and Obstructing an Officer. In a published decision, the court decided to affirm the conviction on the drug charge but vacated the sentence for that charge, requiring resentencing. The conviction for obstructing an officer was upheld. One judge dissented.
In OCCA case No. F 2001-171, Emily Dowdy appealed her conviction for Manslaughter in the First Degree (DUI). In an unpublished decision, the court decided to reverse the conviction and remand for a new trial. One judge dissented. Emily Dowdy was found guilty of causing a death while driving under the influence of alcohol. Her trial took place in January 2001, and she was sentenced to 25 years in prison. After her conviction, she appealed, arguing ten different points about why her trial was unfair. First, she claimed that she should not have been tried again because of double jeopardy, which means a person cannot be tried for the same crime twice. However, the appellate court said that this was not the case here because the state did not purposefully try to get a mistrial. Second, Dowdy wanted to present a defense that she was involuntarily intoxicated, meaning she did not intend to be drunk, but the court ruled that she could not do this, which the appellate court found was a mistake. This mistake was very important and led to the decision to give her a new trial. The appellate court emphasized that everyone has the right to defend themselves and present their story in court, which Dowdy was not allowed to do. The other points raised by Dowdy, such as claims of unfair trial processes, bias from the judge, and other trial errors, were not addressed because the court believed that the preclusion of her intoxication defense was enough to warrant a new trial. In the end, the appellate court said Dowdy should have another opportunity to present her case to a jury where she could defend herself fully. The judge's decision not to allow her intoxication defense to be presented was seen as very serious and unfair, leading the court to reverse the earlier judgment and order a new trial.
In OCCA case No. F-2001-759, Joe Nathan Stargell appealed his conviction for Injury to a Minor Child. In a published decision, the court decided to affirm the judgment but remand the matter for a hearing on the Sheriff's Fees. One judge dissented regarding the length of the sentence, suggesting it should be reduced to three years.
In OCCA case No. F-2001-281, Jimmy Lee Mullins appealed his conviction for Second Degree Murder, Leaving the Scene of an Accident involving Death, and Leaving the Scene of an Accident involving Non-Fatal Personal Injuries. In a published decision, the court decided that Mullins's conviction for Leaving the Scene of an Accident involving Non-Fatal Personal Injuries should be reversed and dismissed. The court confirmed his convictions for Second Degree Murder and Leaving the Scene of an Accident involving Death. One judge dissented.
In OCCA case No. F-2000-1634, Edgar Lee Rucker, Jr. appealed his conviction for Unlawful Delivery of a Controlled Dangerous Substance (Methamphetamine). In an unpublished decision, the court decided to affirm the conviction but modify the fine imposed. One judge dissented. Rucker was found guilty by a jury for selling methamphetamine and was sentenced to twelve years in prison along with a $10,000 fine. He was acquitted of another charge related to marijuana possession. Rucker argued several points in his appeal, claiming violations of his rights during the trial. The first point raised was that it was wrong for both the drug offense and habitual offender statutes to be used in his sentencing. The court acknowledged this as an error but stated that it only affected the fine; they reduced the fine to $2,500 since it was incorrectly calculated originally. Rucker also argued that the evidence was insufficient to prove he was a habitual offender. However, the court found that the State provided enough evidence regarding his past convictions. He claimed that evidence about his previous bad behavior should not have been allowed in the trial, but the court determined it was relevant for understanding the case. Rucker believed that there was a mismatch between the charges and the evidence, but the court concluded the evidence was consistent with the allegations. Another argument was that his lawyer didn’t do a good job representing him. They noted that while the lawyer should have objected more, it didn’t significantly impact the outcome of the trial. Rucker contended that the prosecutor acted unfairly during the trial, but the court found that any mistakes made were corrected and did not deny him a fair trial. Finally, Rucker argued that all the errors combined made the trial unfair, but the court decided that the only significant error was the fine and adjusted it accordingly. In summary, the court upheld Rucker’s prison sentence but modified the fine.
In OCCA case No. F-2000-1262, Robert Anthony Lamar appealed his conviction for Unauthorized Use of a Motor Vehicle. In an unpublished decision, the court decided to reverse his conviction and remand the case for a new trial. One judge dissented. Robert Anthony Lamar was found guilty by a jury of taking a U-Haul truck without permission. He claimed he only wanted to drive the truck to see what it felt like and intended to return it right after. The jury believed that he did not intend to keep the truck permanently, but the trial court did not let the jury consider a possible lesser charge of joyriding. Lamar raised several points in his appeal. He argued that it was unfair for the court to give the instructions it did without his request and that there wasn’t enough proof to show he meant to keep the truck. But the main issue was that he should have been able to have a chance to be judged on the lesser offense of joyriding, since his actions matched that claim too. The court found that joyriding was indeed a valid option for the jury to consider, and since the jury’s decision did not support the idea of him wanting to permanently take the truck, he deserved a fair chance to contest the lesser charge. Because of this, the court ruled that the prior judgment was reversed, and a new trial was ordered.
In OCCA case No. F-2001-319, Jan V. Stout appealed her conviction for Grand Larceny. In a published decision, the court reversed her conviction and remanded the case. One judge dissented. Stout was charged with Grand Larceny in Pawnee County. She was found guilty by a jury and was sentenced to three years in prison and a $10,000 fine. However, the judge put her on probation instead of sending her to prison right away. Stout had to pay back $8,500, cover court costs, and spend 90 days in jail. Stout argued that the evidence against her was not good enough. She felt that the testimony from her accomplice, Jacqueline Thompson, was questionable and claimed that she was unfairly treated during the trial. Stout believed that the statements made by the prosecutor misled the jury about Thompson’s guilty plea deal, which affected her right to a fair trial. The court found that there was some evidence linking Stout to the crime, particularly the discovery of stolen items in her office. However, concerns were raised about Thompson’s credibility because the prosecutor had made incorrect statements about her plea deal during the trial. The prosecutor repeatedly said that Thompson's sentence was longer than it actually was, which could lead the jury to doubt Thompson's truthfulness. The judges agreed that the prosecutor's misleading statements about the plea deal were a serious problem. Because Thompson's testimony was crucial to Stout's case, and the jury might have viewed her differently if they had understood the deal correctly, the court determined that Stout's trial was unfair. In conclusion, Stout's conviction for Grand Larceny was reversed, meaning she would not serve time for that crime, and the case was sent back to the lower court for another trial.
In OCCA case No. F-2001-10, Todd O'Shay Coburn appealed his conviction for Shooting With Intent to Kill and Assault with a Dangerous Weapon. In a published decision, the court decided to affirm the judgment of the trial court but modified the sentences to thirty-five years on each count to be served consecutively. One judge dissented.
In OCCA case No. F-2000-1308, Recil Gravitt appealed his conviction for Distribution of a Controlled Dangerous Substance, Maintaining a Dwelling for Drugs, and Possession of a Controlled Dangerous Substance in the Presence of a Minor. In an unpublished decision, the court decided to affirm the convictions, but modified the fine on Count I to $10,000. One judge dissented.