F-2018-248

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In OCCA case No. F-2018-248, Mosi Abasi Dennis appealed his conviction for first degree murder and conspiracy to commit robbery with a dangerous weapon. In an unpublished decision, the court decided to affirm the verdict. One member dissented. Mosi Abasi Dennis was found guilty by a jury of first degree murder and conspiracy related to a robbery. The jury sentenced him to life in prison without the possibility of parole for the murder and ten years for conspiracy, with both sentences to be served one after the other. Dennis was involved in a plan to rob Antonio Walker. He and others went to Walker's house under the false pretense of purchasing drugs. When they arrived, Dennis refused to abandon the plan, even when it became clear that others were present in the house. Things escalated, and during the robbery attempt, Dennis shot Walker's father, Kenneth, who had entered the room to see what was happening. On appeal, Dennis raised several arguments. First, he claimed that there was unfair treatment in jury selection because a minority juror was removed while a white juror, who had similar issues, was allowed to stay. The court found no evidence of racial bias and held that the reasons given for removing the juror were fair. Second, Dennis argued that the prosecution made unfair comments during closing arguments, asking jurors to sympathize with a co-conspirator. The court ruled that this did not unfairly influence the jury as the statements were part of explaining the witness's behavior. Third, he contested the admission of graphic photographs of the victim, believing they were too prejudicial. The court decided that the images were relevant to the case and helped explain the events that unfolded during the crime. Dennis also claimed that the evidence presented was not enough to prove his guilt beyond a reasonable doubt. However, the court disagreed, stating that the evidence adequately demonstrated that Dennis shot the victim during the robbery. Furthermore, Dennis believed he should have been given instructions for a lesser offense of second-degree murder, but the court found that there was no solid evidence supporting such a charge. Finally, Dennis argued that the combination of errors during the trial warranted a reversal of the conviction. The court concluded there were no significant errors that would have affected the trial's outcome. The court ultimately upheld the conviction and sentencing, stating that there were no legal errors that warranted overturning the jury’s decision.

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F-2009-749

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In OCCA case No. F-2009-749, Waymond George Morrison appealed his conviction for multiple offenses, including Possession of Controlled Dangerous Substances (CDS) with Intent to Distribute, Driving a Motor Vehicle Without a License, Distribution of CDS, and Possession of Proceeds from drug-related activities. In an unpublished decision, the court decided to affirm his conviction for three counts while reversing one count related to possession of proceeds, ordering that it be dismissed. One justice dissented. Morrison faced several serious charges related to drugs and was sentenced to a total of 100 years in prison for the most severe charges, along with some fines. During his trial, he argued that his rights to due process were violated, that there was an improper handling of testimony, and that he faced double punishment for his actions. The court evaluated his claims: 1. The first issue was whether Morrison’s rights were violated when the court didn’t allow certain testimony. The court decided that the excluded testimony wasn't relevant to the case, so his rights were not infringed upon. 2. The second concern was about the trial being split into two parts (bifurcated). The court ruled that this was a correct decision and that it did not abuse its discretion. 3. Morrison also contended that testimony from a rebuttal witness should not have been permitted. The court found that this was appropriate because the rebuttal witness provided necessary clarifications to previous testimonies. 4. Regarding the issue of double punishment, the court explained that Morrison’s possession and distribution charges were based on separate actions—one for having cocaine and one for selling it. However, his conviction for possession of proceeds was tied to the same act of selling cocaine, so that particular conviction was reversed. 5. The sufficiency of the evidence against him was also questioned. The court found that there was enough evidence for the jury to reasonably convict Morrison of intent to distribute due to the drugs found in his car shortly after a sale. 6. Lastly, Morrison felt his sentence was excessively harsh. The court did not agree, noting that due to his previous criminal record, the sentence was justifiable. In conclusion, the court upheld the majority of Morrison's convictions and sentences, significantly addressing various legal arguments made by him during the appeal process.

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F-2005-814

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In OCCA case No. F-2005-814, James Joseph Wymer appealed his conviction for First Degree Burglary. In an unpublished decision, the court decided to affirm the conviction but modify the sentence. One judge dissented. Wymer was found guilty by a jury and sentenced to forty-five years in prison. He argued that the jury was not fully instructed about the law regarding his sentence, which meant he wasn't told he had to serve eighty-five percent of it. He also felt that his sentence was too long and that the evidence against him wasn't strong enough to prove he was guilty beyond a reasonable doubt. After looking closely at both the facts and the law, the court believed that the jury should have been informed about the eighty-five percent rule, but they did not think this mistake was enough to set aside the conviction. Therefore, they decided to lower Wymer's sentence from forty-five years to thirty-five years. The court also considered whether his sentence was excessive. They found that given Wymer's past convictions, the sentence was fair and not shocking or unreasonable. Finally, they reviewed the evidence and concluded that there was enough proof to show that Wymer took part in the burglary rather than just standing by. The final decision was to keep the conviction but change the punishment to thirty-five years.

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