Public Protection

J-2019-620

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This document is a court opinion from the Oklahoma Court of Criminal Appeals regarding the case of C.G., who was charged with First Degree Murder, First Degree Burglary, and Conspiracy to Commit Second Degree Burglary. The case revolves around the denial of C.G.'s motion to be certified as a juvenile or youthful offender, which would have allowed for a different legal treatment due to his age at the time of the offense (14 years old). Here is a summary of the key points: 1. **Background of the Case**: - C.G. was charged as an adult for serious crimes, and he filed a motion for certification as a juvenile or youthful offender. - The preliminary hearing and certification hearing took place, with conclusions drawn about C.G.'s amenability to treatment and public safety considerations. 2. **Court's Decision**: - The trial court denied C.G.'s request for certification, stating that the public could not be adequately protected if C.G. was treated as a youthful offender. - C.G. appealed this decision, raising several claims including abuse of discretion, evidentiary errors related to interrogation, and ineffective assistance of counsel. 3. **Ruling by the Court of Criminal Appeals**: - The appellate court affirmed the trial court's decision, agreeing that there was no abuse of discretion. - It also found that certain evidentiary claims were not properly presented for appeal. 4. **Dissenting Opinions**: - Two judges dissented, arguing that the evidence did not support the trial court's conclusion about public safety. - They contended that C.G. was amenable to treatment and that the trial court could still have ensured public protection through existing safeguards while classifying him as a youthful offender. - The dissenters also criticized the majority's handling of evidentiary issues, arguing that the ability to challenge the decision not to certify C.G. should include a review of the evidence that influenced that decision. 5. **Final Notes**: - The decision underscores the complexities involving juveniles charged with serious crimes and the judicial considerations balancing public safety and the potential for rehabilitation. - It emphasizes the potential limitations in appealing certain evidentiary matters in the context of certification hearings for juvenile offenders. Overall, the court affirmed the trial court's decision, while dissenting opinions highlighted concerns regarding the treatment of juvenile defendants.

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J 2019-0283

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In OCCA case No. J 2019-0283, D. J., III appealed his conviction for Assault and Battery with a Dangerous Weapon. In a published decision, the court decided to affirm the order granting the imposition of an adult sentence. One judge dissented. D. J., III, who was born on November 1, 2000, faced serious charges after taking part in a hazing incident at school. The state wanted to try him as an adult, which is a significant step for a young person. This happened after a court decided that D. J. could not be helped enough through the juvenile system and that the public needed more protection. The court had a hearing on April 5, 2019, where the judge reviewed evidence and decided that D. J. should face adult charges. The main arguments in the case included whether the earlier ruling was correct and if it used the right laws to make its decision. D. J. argued that the state did not show strong enough evidence to justify moving him to adult court. When D. J. appealed, he claimed two main problems with how the trial was handled. First, he believed the state did not provide clear evidence for why he should be seen as an adult rather than a juvenile. Next, he said that the judge applied the wrong law when making the decision. However, the court found that the judge's decision was reasonable and based on the facts presented during the hearing. The court stated that judges have the right to decide which witnesses to believe and how to weigh their testimonies. The judges on the court agreed that even though there was a mistake in mentioning the wrong law, this did not harm D. J.'s case because both laws were similar. The important aspects of the case were clear, and ultimately, D. J. was seen as not being able to complete rehabilitation in the juvenile system. In the dissenting opinion, the judge expressed concern that the law limits how long juveniles can be kept under the juvenile system, and this may not allow for fair treatment when they are close to being adults. The dissenting judge felt that D. J. still had the potential for rehabilitation and disagreed with moving him to adult court. In summary, the court decided to uphold the decision to treat D. J. as an adult following the state's appeal, while one judge thought this decision should be reconsidered, suggesting changes to juvenile sentencing laws to allow more flexibility for young offenders.

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J-2019-2

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This document is a summary of a court case from the Oklahoma Court of Criminal Appeals involving an appeal by B.J.H., a youthful offender, contesting an order that allowed the State of Oklahoma to sentence him as an adult. The case centered around multiple charges, including Assault With a Deadly Weapon, and the court's decision on whether the public would be adequately protected if the appellant were sentenced as a youthful offender. **Key Points:** 1. **Background**: B.J.H. was charged as a youthful offender at the age of 16 for multiple violent offenses. The State filed a motion to sentence him as an adult under Oklahoma law. 2. **Court Proceedings**: Hearings were held to review the motion, where evidence included testimonies and psychological evaluations. The presiding judge, David A. Stephens, granted the State's motion based on findings that the public would not be adequately protected if B.J.H. were sentenced as a youthful offender. 3. **Appellant's Claims**: B.J.H. appealed the decision on four grounds, including claims of abuse of discretion regarding public safety findings, denial of due process, procedural issues related to preliminary hearings, and lack of service notice to his guardians. 4. **Court's Ruling**: The court affirmed the lower court's decision, finding no abuse of discretion or merit in B.J.H.'s claims. The ruling stated that the evidence supported the conclusion regarding public safety. 5. **Dissenting Opinion**: Presiding Judge Lewis dissented, arguing that the overwhelming evidence presented at the hearing indicated that the public would be adequately protected if B.J.H. were sentenced as a youthful offender. He highlighted that the majority’s ruling contradicted the facts presented during the hearings. Overall, the Oklahoma Court of Criminal Appeals upheld the decision to sentence B.J.H. as an adult despite disagreements on the interpretation of evidence and procedural fairness.

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JS 2018-0917

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In OCCA case No. JS 2018-0917, M. W. appealed his conviction for Rape, First Degree, and Sexual Battery. In a published decision, the court decided to affirm the ruling that allowed him to be treated as a Juvenile instead of as an adult. One judge dissented.

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F-2016-902

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The Court of Criminal Appeals of the State of Oklahoma reviewed the case of K.G.O., charged as an adult with Murder in the First Degree, who sought to be certified as a Youthful Offender. The trial court granted this certification, which the State appealed, arguing that the decision was erroneous due to insufficient evidence supporting K.G.O.'s claim for Youthful Offender status. The appeal highlighted that, at the time of the alleged offense, K.G.O. was presumed to be an adult based on Oklahoma law, which allows for certification as a Youthful Offender but places the burden of proof on the accused to overcome this presumption. The court evaluated several guidelines specified in Oklahoma statute regarding certification, giving the most weight to the first three, which focus on the nature of the offense and the offender's history. After a thorough review, the appellate court concluded that the trial judge had abused her discretion by not adhering appropriately to these guidelines. They found a lack of evidence suggesting that K.G.O. met the necessary criteria to warrant status as a Youthful Offender and that the judge's decision did not support the conclusion reached. Therefore, the appellate court reversed the trial court's order and directed that the case proceed with K.G.O. being treated as an adult. A dissenting opinion from Judge Lewis expressed a belief that the trial court's certification should be upheld, indicating a difference in interpretation of the evidence and the application of the guidelines. Overall, the decision illustrates the court's stringent standards for certifying youthful offenders, emphasizing the necessity of a robust evidentiary basis to override the presumption of adult status in serious criminal cases.

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J-2010-839

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In OCCA case No. J-2010-839, M.D.M. appealed his conviction for Assault and Battery with a Dangerous Weapon. In an unpublished decision, the court decided to affirm the trial court's denial of M.D.M.'s request for juvenile certification, but reversed the order allowing the State to sentence him as an adult. M.D.M. dissented. M.D.M. was charged as a Youthful Offender and requested to be treated as a juvenile instead. The trial court denied his motion, stating that he could be rehabilitated and that the public would be safe if he was treated as a Youthful Offender. The court's decision was based on facts and evidence presented during the hearing. On appeal, M.D.M. argued that the trial court made several mistakes in denying his request. He believed the written order did not match what was discussed in court and that he was not given a fair chance for rehabilitation while being treated as a Youthful Offender. The court ruled that the trial court's initial decision was reasonable and did not abuse its discretion in treating M.D.M. as a Youthful Offender. However, the court also found that the written order mistakenly stated that M.D.M. should be sentenced as an adult. The court clarified that M.D.M. should be treated as a Youthful Offender if convicted. The decision included guidance for the trial court to ensure that M.D.M.'s case is handled appropriately moving forward.

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J-2005-542

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In OCCA case No. J-2005-542, S.H. appealed his conviction for being sentenced as an adult. In a published decision, the court decided to reverse the district court's decision, stating that there was not enough convincing evidence to support this adult sentencing. One judge dissented. The court found that S.H. should be sentenced as a youthful offender instead.

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J-2004-305

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In OCCA case No. J-2004-305, D.H.D. appealed his conviction for Murder in the First Degree. In a published decision, the court decided to affirm the denial of D.H.D.'s motion for certification as a juvenile but reversed the denial for certification as a youthful offender, meaning D.H.D. would be tried in a system that focuses on rehabilitation rather than punishment. One judge dissented.

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J 2002-0247

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In OCCA case No. J 2002-0247, A.B.H. appealed his conviction for Assault and Battery With A Deadly Weapon With Intent To Kill. In a published decision, the court decided to reverse the order that allowed the State to sentence him as an adult. One judge dissented. A.B.H. was charged as a Youthful Offender and the State wanted him to be tried and sentenced as an adult. There was a hearing to discuss this, and the judge decided to allow the State's request. A.B.H. argued that this was not fair because the judge did not properly consider if he could be rehabilitated as a youthful offender. The court looked at the evidence, including studies that showed A.B.H. could complete a plan for rehabilitation and that the public would be safe if he was treated as a youthful offender. Because the State did not provide strong evidence to support trying him as an adult, the court decided to reverse that decision and send the case back for further action.

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J-2001-80

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In OCCA case No. J-2001-80, B. D. S. appealed his conviction for Murder in the First Degree. In a published decision, the court decided to reverse the District Court’s order denying his motion for certification as a youthful offender and remand the case for certification. One judge dissented. The case began when B. D. S. was charged as an adult with a serious crime. He wanted to be recognized as a youthful offender instead of being treated like an adult in the legal system. The court had to decide whether he should be classified as a youthful offender, which could mean a different kind of punishment and possible help for rehabilitation. B. D. S. argued that the trial court made mistakes. He said the court did not follow the rules about notifying his family of his rights regarding the case, and he claimed his lawyer did not do enough to defend him by speaking up about this issue. After listening to the arguments, the court found that the trial court did not provide proper notice to B. D. S.’s parents or guardian. This lack of communication meant that he might not have received a fair chance in court. The judges agreed that this was important and decided that B. D. S. should be given another chance to be classified as a youthful offender. The dissenting judge felt differently. This judge believed that the trial court's decision not to classify B. D. S. as a youthful offender was the right choice. This judge thought that the evidence showed B. D. S. had committed a serious crime in a cold and calculated way, and that he had a history of violent behavior, which warranted treating him as an adult. The dissenting opinion emphasized the importance of public safety and questioned whether B. D. S. could be rehabilitated. In summary, the court’s majority agreed that B. D. S. should be treated as a youthful offender for a fresh evaluation, while the dissenting judge maintained that the evidence showed he should remain classified as an adult.

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