Rape

C-2021-504

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In OCCA case No. C-2021-504, Starlyn Sean Hill appealed his conviction for multiple serious crimes, including aggravated possession of child pornography and multiple counts of rape and sodomy. In an unpublished decision, the court decided to grant his appeal, allowing him to withdraw his guilty plea. One judge dissented from the opinion. Hill had pleaded guilty to several counts, and upon sentencing, he received a lengthy prison term. After his plea, he filed a motion to withdraw it, arguing that he felt rushed into making his decision and that he was misinformed about the potential consequences. He also raised issues regarding the statute of limitations for some of the charges, claiming that ten of them should not have been prosecuted because they were filed too late. The court reviewed the case and found that the prosecution for some of the counts may indeed have been beyond the statute of limitations. They concluded there were errors in how Hill’s plea was accepted, particularly as he did not properly waive his right to challenge the statute of limitations on several counts. This led the court to determine that his guilty plea was not made voluntarily or intelligently. As a result, the court vacated Hill's judgment and sentence and instructed that he be allowed to withdraw his guilty plea. The case was sent back to the lower court for further proceedings that would not contradict this new decision.

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F-2019-854

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In OCCA case No. F-2019-854, Joshua Lee Purdom appealed his conviction for several serious crimes, including assault and battery, kidnapping, and rape. In an unpublished decision, the court decided to reverse his convictions and remand the case with instructions to dismiss it. One judge dissented. Joshua Lee Purdom was found guilty by a jury of multiple crimes and received a lengthy sentence in the District Court of Hughes County. The court took into account that Purdom committed these crimes against a victim who had Indian heritage and that the crimes occurred on land considered part of an Indian Reservation. This brought up a question about whether the state had the right to convict him. Purdom argued that because the victim was an enrolled member of an Indian tribe and the crimes happened on Indian land, the state did not have jurisdiction to prosecute him; instead, this should be handled by federal courts. The case brought attention to a ruling from the U.S. Supreme Court that said parts of Oklahoma were still considered Indian Country for legal purposes. The OCCA agreed with Purdom and found that based on the facts established in a hearing, the state did not have the authority to prosecute him. The victim’s status as an Indian and the location of the crimes played a crucial role in the decision. Therefore, the court dismissed the case, emphasizing that only federal courts have jurisdiction over crimes against Indians in Indian Country under federal law. In summary, the court reversed Purdom’s convictions and ordered the case to be dismissed, which means he will not face charges from this case.

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C-2019-263

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In OCCA case No. C-2019-263, Floyd Joseph Ball, Jr. appealed his conviction for Rape in the First Degree and Kidnapping. In an unpublished decision, the court decided that the State of Oklahoma did not have the right to prosecute Ball because he is considered an Indian under federal law, and the crimes occurred in Indian Country. The judgment and sentence were reversed, and the case was remanded to the District Court with orders to dismiss it. One judge dissented from this decision.

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F-2017-1099

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In OCCA case No. F-2017-1099, Willie Donnell Jackson appealed his conviction for Rape in the First Degree-Victim Unconscious. In an unpublished decision, the court decided to affirm Jackson's conviction and sentence. One judge dissented. Willie Donnell Jackson was found guilty by a jury for a serious crime involving a victim who was unconscious. The jury suggested that he spend life in prison without the chance to get out, but the trial judge decided to give him a chance for parole after a long time instead. Jackson didn't agree with this decision and said there were errors made during the trial that affected his rights. Jackson raised five main arguments on appeal. First, he said that the prosecutor acted improperly during the trial, which made it unfair. He claimed this had a cumulative effect and harmed his chance for a fair trial. Second, he thought the judge didn't give the jury the right instructions, which was another error. The third point was about his lawyers not helping him enough, meaning that he didn't get the proper support he needed during the trial. Fourth, Jackson believed that the prosecutor's actions led to a sentence that was too harsh compared to what happened. Finally, his last argument was that all the mistakes added up to deny him a fair trial and the legal protections he should have received. After looking at everything presented during the appeal, the judges decided there were no significant errors that would change the outcome of the trial. They did not agree with Jackson's claims, concluding that his trial was fair. As a result, they upheld the original decision and affirmed his sentence, meaning Jackson must serve a long time in prison. The judges, in concise language, rejected all of Jackson's claims, confirming that he did not prove that any errors affected the fairness of his trial or the severity of his sentence, leading to the final ruling.

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F-2017-1029

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In OCCA case No. F-2017-1029, Timothy Brian Bussell appealed his conviction for Rape in the First Degree - Victim Unconscious. In an unpublished decision, the court decided to affirm the judgment and sentence against him. One judge dissented. Bussell was found guilty by a jury and was sentenced to life imprisonment with the possibility of parole, even though the jury recommended life without parole. The case involved Bussell and a co-defendant, who filmed another co-defendant having sex with an unconscious victim. The jury believed there was enough evidence to show Bussell helped and encouraged the assault. Bussell raised ten arguments in his appeal, claiming errors during his trial. He argued that he did not get proper notice of the charges against him, that there was not enough evidence to convict him, and that the trial should have separated him from his co-defendant. He also claimed the victim's testimony was not credible, the prosecution made unfair statements, and that his lawyer did not do a good job. The court reviewed the evidence and found it sufficient for a conviction. They determined there were no significant errors that would affect his rights. The court emphasized that someone's testimony alone could support a conviction, especially if it was backed by video evidence. They concluded that Bussell knew the accusations he was facing and did not show that he was prejudiced by any mistakes made during the trial. Ultimately, the court decided that Bussell's claims did not show any grounds for reversing his conviction. His serious involvement in the crime was evident. The sentence was upheld as appropriate based on the crime he committed, emphasizing the importance of the victim's mistreatment.

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F-2017-758

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In OCCA case No. F-2017-758, Shawn Conrad Freeman appealed his conviction for multiple serious crimes, including Kidnapping, Forcible Sodomy, Rape in the First Degree, and Robbery in the First Degree. In an unpublished decision, the court decided to affirm the judgment and sentence of the District Court. The court did, however, instruct the District Court to correct a clerical error regarding the fine for one of the robbery counts. Freeman was tried by jury and was found guilty on multiple counts involving four separate women. The jury sentenced him to long prison terms and significant fines. The trial court followed the jury's recommendations for sentencing. Freeman raised several arguments on appeal. He argued that having multiple convictions for crimes like Kidnapping, Rape, and Forcible Sodomy at once was unfair and violated laws against double punishment. However, the court found that the crimes were separate and showed that each act occurred at different times, meaning he could be punished for all of them. He also claimed that trying all fourteen counts together was wrong because it might have led the jury to convict him based on the total evidence rather than on proof for each individual charge. The court determined that the offenses were connected enough to be tried together and that no error occurred. Another point of contention was that one of the victims couldn't testify in court, and the jury was allowed to hear her previously recorded testimony instead. The court upheld this decision, stating that Freeman had previously had the chance to question her during an earlier hearing. Freeman argued that the evidence was not enough to support his robbery conviction. The court disagreed, stating that the evidence clearly showed he unlawfully took property from a victim. He raised questions about misconduct by the prosecutor, ineffective assistance of counsel, and that his sentences were too harsh. The court found no evidence to support his claims of improper actions or ineffective counsel. It ruled that his sentences were not excessively severe given the nature of the crimes he was convicted for. Finally, Freeman claimed that the combined issues during the trial denied him a fair trial. However, the court noted that it found no individual errors that would warrant a new trial. In conclusion, the court affirmed Freeman's convictions and sentences but ordered a correction to a minor error in the judgment regarding the fine imposed for one count of robbery. There was a dissenting opinion from one of the judges.

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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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J-2015-930

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In OCCA case No. J-2015-930, Z.M.M. appealed his conviction for two counts of Rape in the First Degree and seven counts of Lewd Acts with a Child under 16. In a published decision, the court decided to dismiss the appeal as moot. No one dissented. The case started after a non-jury trial where the District Court of Cleveland County found Z.M.M. guilty. The judge sentenced him to twenty-five years in prison for each count. Later, a motion was filed by the state to transfer Z.M.M. to the Oklahoma Department of Corrections. Z.M.M. appealed, arguing that he should receive credit for the time he spent in the custody of the Office of Juvenile Affairs. The state's response to the appeal acknowledged that Z.M.M. should be given credit for that time. They provided an amended judgment that corrected this mistake. Since the main issue in Z.M.M.’s appeal had been resolved, the court suggested that the appeal was no longer necessary and could be dismissed. When the court asked Z.M.M. to respond, he did not object to the dismissal. Because there was no reason to continue the case, the appeal was officially dismissed, ending the court's involvement.

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F-2014-22

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In OCCA case No. F-2014-22, Padillow appealed his conviction for rape and sexual offenses. In an unpublished decision, the court decided to affirm the convictions but reversed a citation for direct contempt of court and vacated the associated sentence. One judge dissented. Earnest Eugene Padillow faced serious charges in two cases related to the sexual abuse of young girls. The first case involved the abuse of his nine-year-old great-niece, S.G., during a single day in August 2007, and the second case involved the sexual assault of his 11-year-old niece, D.P., in 2011. In both instances, Padillow was accused of serious crimes, including rape and inappropriate sexual contact. During the trial, Padillow had a tumultuous relationship with his attorneys. He expressed dissatisfaction with their defense strategies and at times chose to represent himself. This led to a chaotic scene in the courtroom where Padillow violently attacked one of his attorneys, resulting in his removal from the courtroom. Despite his outbursts, the trial proceeded, and he was found guilty. The court sided with the trial judge's decision that Padillow waived his rights to be present during certain trial stages due to his disruptive conduct. Padillow also claimed that his constitutional right to testify was violated when he was removed from the courtroom. However, the court ruled that his violent actions constituted a waiver of that right. In another point of contention, Padillow argued that he should have been given the chance to respond to a direct contempt charge when the judge found him guilty of contempt for his outburst. Although the court acknowledged he did not have the opportunity to be heard, they decided to reverse the contempt finding rather than require a new hearing given the context of his other convictions. Lastly, it was determined that some of the judgment documents contained errors regarding sentences, which the court directed to be corrected. Overall, the court upheld the significant portions of Padillow's convictions while addressing some procedural errors related to his contempt citation and record-keeping in the judgments.

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S-2013-483

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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.

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S-2012-834

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In OCCA case No. S-2012-834, the State of Oklahoma appealed an order that granted a motion to dismiss several charges against Jeffrey Porras. In a published decision, the court decided to affirm the district court's ruling. One judge dissented. The case involved charges against Porras, who is a physician. He was accused of committing sexual battery and rape against multiple victims while they were receiving medical treatment. The accusations included five counts of sexual battery and one count of second-degree rape, with the incidents alleged to have occurred in different counties over a period of time from 2005 to 2007. The trial court dismissed some of the counts because it felt that the incidents were not part of a single plan or scheme. The law allows for multiple charges to be tried together if they are connected in a way that shows they are part of the same pattern of criminal behavior. However, the court decided that the alleged crimes in Oklahoma County and Cleveland County were separate and did not meet the criteria for joining them in one trial. In making this decision, the court looked at how the offenses occurred over a span of two years and did not significantly overlap in timing or in the way they were committed. This means that the crimes did not depend on each other and were not part of a continuous plan that would justify being tried together. The appellate court agreed with the trial judge's reasoning, stating that there was no clear error in the decision to dismiss those charges. The ruling reaffirmed that the charges from different counties could be handled separately without causing injustice to anyone. The dissenting judge, however, believed that the charges should not have been dismissed since they had common elements and were related to his actions as a doctor. The dissent argued that since all victims were patients and the incidents happened in similar situations, it was appropriate to consider them as part of a greater plan to commit these crimes. In conclusion, the appellate court upheld the trial court’s decision to dismiss certain charges against Porras, maintaining that the evidence did not sufficiently show a connection that warranted a single trial for all the charges.

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F-2012-437

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In OCCA case No. F-2012-437, Mark J. Lawler appealed his conviction for rape in the first degree. In an unpublished decision, the court decided to reverse and remand for a new trial. One judge dissented. Mark J. Lawler was found guilty of rape in the first degree by a jury and given a sentence of thirty-five years in prison. He claimed that the trial court made mistakes during his trial. First, Lawler thought he should have been allowed to represent himself instead of having a lawyer. He argued that this was his right under the Sixth Amendment of the U.S. Constitution. The court agreed with him, stating that he had clearly asked to represent himself at least five days before the trial, which was a reasonable request. The court also found that Lawler understood the risks involved in defending himself without a lawyer. The trial court was wrong to deny his request, so that was a significant error. Second, Lawler argued that he did not get a speedy trial, which is another right he had under the law. Although there were delays in the trial, the court found that they were not entirely Lawler's fault. The reasons for the delays included busy courts and other issues that were not intentional. However, the court also decided that Lawler did not show he was hurt by the delay, so they did not agree with his claim on this point. In summary, the court found that the trial court made a mistake by not allowing Lawler to represent himself. Because of this error, they reversed his conviction and sent the case back for a new trial.

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C-2009-48

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In OCCA case No. C-2009-48, Malissa Latoya Hamill appealed her conviction for First Degree Rape. In a published decision, the court decided to grant her request and remand the case for a new hearing on her motion to withdraw her plea of no contest. One member of the court dissented. Malissa Hamill had entered her plea in the District Court of Bryan County and was given a ten-year suspended sentence along with a fine. Later, she wrote a letter to the court asking to withdraw her plea, claiming it was not made knowingly and voluntarily. The court held a hearing on her motion, during which she represented herself without a lawyer. The judge believed she had waived her right to have a lawyer assist her, but the court found that this waiver wasn't clear. During the appeal, the issues were whether Hamill knowingly gave up her right to have a lawyer present and whether her plea was truly made in an informed way. The court noted that a defendant has the right to attorney assistance when trying to withdraw a plea. If this right is denied, it can be considered an error unless it's clear that the defendant wouldn't have been able to withdraw their plea anyway. Hamill's claims of innocence and concerns about the validity of her plea could not be disregarded based on the existing records, which were incomplete. Because there was no proper record of what was discussed during her initial plea, the court decided that it couldn’t confirm whether Hamill had fully understood the punishment when she made her plea. This lack of clarity led the court to conclude that Hamill should have a new hearing where she could have legal help. Therefore, the court granted her request, stating that the lower court must hold a new hearing on her motion to withdraw her plea, this time making sure she has the assistance of a lawyer.

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F-2006-1208

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In OCCA case No. F-2006-1208, Kendall Dewayne Carr appealed his conviction for Rape in the First Degree, After Former Conviction of Two or More Felonies. In a published decision, the court decided to reverse the judgment and remand the case for a new trial. One judge dissented. The case involved Carr being convicted by a jury and sentenced to life imprisonment. The main issue during his appeal was that Carr was not given a fair trial because he could not remove a juror who showed bias towards police officers. This juror openly stated he would believe police testimonies more than other witness statements, which raised concerns about his ability to be fair. The court agreed that this bias should have led to the juror's removal. They noted that when any doubts exist about a juror's fairness, they should favor the accused. Since this bias was significant, the court ruled that Carr did not receive proper justice and ordered a new trial. They decided not to consider other issues raised in the appeal since the need for a new trial was clear. In summary, the court found that an unfair juror could have influenced the case against Carr, leading to their decision to reverse the conviction and mandate a new trial.

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F-2006-905

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In OCCA case No. F-2006-905, Curtis Dale Gibson appealed his conviction for First Degree Rape, After Former Conviction of Two Felonies. In a published decision, the court decided to affirm the judgment of conviction but vacate the sentence and remand for resentencing. One judge dissented. Gibson was tried by a jury in Jackson County and found guilty of raping a victim. The jury sentenced him to thirty years in prison. Gibson raised several issues in his appeal, including whether he received a fair trial, due to certain evidence being allowed and comments made by the prosecutor. He also argued that he should have received an instruction about parole eligibility and that his prior suspended sentence for another crime should not have been discussed during the trial. The court looked at each point raised by Gibson. It found that the statements from the victim's sister, which claimed she had also been a victim of Gibson, were not hearsay and were admitted correctly. The prosecutor's comments during the trial were not seen as causing enough harm to reverse the decision. However, the court agreed that the jury should have been informed about the 85% rule regarding when Gibson could be eligible for parole, which was considered a mistake. As a result, the court affirmed Gibson's guilty verdict but changed his sentence, ordering that he be resentenced on account of this issue. The judges involved reached various conclusions, with one judge expressing disagreement with the decision to remand for resentencing.

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F-2006-1015

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In OCCA case No. F-2006-1015, Earnest Ray Kingery, Jr. appealed his conviction for rape in the first degree. In an unpublished decision, the court decided to modify Kingery's sentence from seventy years to twenty-five years imprisonment. One judge dissented. Earnest Ray Kingery, Jr. was found guilty of raping a child and was sentenced to a long prison term. He appealed, arguing that several things went wrong during his trial. He said that a witness should not have been allowed to talk about other crimes he allegedly committed, which could have confused the jury. He also claimed the judge pressured the jury into making a decision and that the prosecutor hinted he was guilty for not speaking to the police after a search warrant was served at his home. The court looked closely at Kingery's claims. They agreed that the evidence about the witness's testimony was not appropriate for the jury to hear, as it led to confusion about the other child that was involved in the case. The skills of the forensic interviewer were challenged because it seemed that testimony might have suggested the children were telling the truth without any evidence. Even if the trial court gave special instructions to limit how the jury should view this evidence, it still influenced their decision. However, the court found that the victim's own testimony was strong enough to prove Kingery's guilt. They acknowledged that while the testimonies of the other child were not correctly handled in terms of evidence, the main evidence from the victim was enough for a guilty verdict. In the end, the court decided to modify Kingery’s long sentence to a lesser one. They believed his punishment should still be serious but recognized that the jury might have been adversely influenced by some of the testimony they heard about other crimes. Thus, Kingery's prison time was reduced to twenty-five years. The court affirmed the conviction but made this change to the punishment. One of the judges disagreed with reducing the sentence, insisting that all of the evidence presented was appropriate, and so the original long sentence should have stood. Another judge agreed on the conviction but also dissented regarding the sentence being modified.

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F-2004-1261

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In OCCA case No. F-2004-1261, Jonathan Dwight Harjo appealed his conviction for rape in the first degree. In a published decision, the court decided to affirm the conviction but modify the sentence to ten years in prison. One judge dissented regarding the sentence modification.

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C-2004-1156

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In OCCA case No. C-2004-1156, Timothy Mark Watkins appealed his conviction for child abuse and rape. In an unpublished decision, the court decided to grant his appeal and allow him to withdraw his guilty plea. One judge dissented from this decision.

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RE-2000-1209

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In OCCA case No. RE-2000-1209, the appellant appealed his conviction for multiple crimes including kidnapping and rape. In an unpublished decision, the court decided to affirm the revocation of the appellant's suspended sentences. One judge dissented. The case began when the appellant pled guilty to several serious charges in 1992, including kidnapping and rape, and received suspended sentences, meaning he wouldn't serve time in prison as long as he followed certain rules. Later, a protective order was issued against him due to concerns from another person. Over the years, he faced more legal issues, including a new conviction in 1997. In 2000, the state asked the court to revoke his suspended sentences, claiming he violated the protective order. After a hearing, the court revoked all his suspended sentences. The appellant disagreed with this decision and pointed out four main problems with how his case was handled. He argued that his new sentence was too long, that the evidence wasn’t strong enough to prove he broke the protective order, that the revocation was unfair, and that he didn’t properly receive notice about the charges. The court reviewed his claims and found that there was enough evidence to support the revocation of his sentences and that the trial court made a reasonable decision. However, the court also agreed with the appellant that his sentence for one charge was incorrectly stated as nine years when it should have been seven years. In the end, the court upheld the revocation of his suspended sentences but changed his sentence for the kidnapping charge to the correct length.

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F-2000-897

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In OCCA case No. F-2000-897, Jack Albert Lowe appealed his conviction for First Degree Burglary and Rape in the First Degree by Instrumentation. In a published decision, the court decided to modify Lowe's conviction from Rape by Instrumentation to Lewd Molestation because the evidence did not prove beyond a reasonable doubt the required element of penetration. The court also modified his sentence to life imprisonment for the lewd molestation, which would be served consecutively with a twenty-year sentence for First Degree Burglary. One judge dissented.

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F 2000-515

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In OCCA case No. F 2000-515, Larry Alan Schroeder appealed his conviction for multiple serious crimes including burglary and sexual offenses. In an unpublished decision, the court decided to affirm most of his convictions and sentences but reversed some related to specific counts due to insufficient evidence and legal issues. One judge dissented regarding the reversal of certain burglary counts, believing there was enough evidence to support those convictions. Ultimately, some charges were upheld while others were dismissed, shaping the outcome of the appeal.

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