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F-2018-391

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In OCCA case No. F-2018-391, Zachary Troy King appealed his conviction for Child Abuse by Injury. In an unpublished decision, the court decided to affirm the conviction and sentence. One judge dissented. Zachary Troy King was found guilty by a jury in a case where he was accused of injuring a child. The jury decided that he had caused harm to the child, and he was sentenced to twenty years in prison, with the first fifteen years needing to be served. King argued four main points in his appeal. First, King said that the evidence presented in his trial was not strong enough to prove he committed child abuse. He claimed that the injuries to the child were not clearly caused by him, and he thought the jury should not have convicted him. However, the court believed that there was enough evidence for any reasonable person to conclude that King did injure the child. Second, King claimed that the judge made a mistake by not allowing a mistrial after the prosecution introduced certain evidence. He argued that this evidence was not important or added to the case in a meaningful way. Yet, the court felt that the testimony included by the prosecution was relevant to proving injuries were intentionally inflicted rather than accidental. Third, King accused the prosecutor of acting unfairly during the trial, which made it hard for him to get a fair trial. The court reviewed the prosecutors' actions and felt there were no significant errors that would have impacted the trial's fairness. Lastly, King argued that the collection of mistakes in his trial added up to take away his right to a fair hearing. But, since the court did not find any errors that would require a reversal of the conviction, the claim was also denied. In conclusion, the court upheld the jury's decision and the trial judge's actions, stating that King received a fair trial and that there was enough evidence to support the conviction. The judgment from the trial court was confirmed, and King will continue to serve his sentence.

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F-2009-407

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In OCCA case No. F-2009-407, Thomas Ray Young appealed his conviction for four counts of Sexual Abuse of a Child. In an unpublished decision, the court decided to affirm the convictions but modify the sentences to be served concurrently. One judge dissented. Young was found guilty of sexually abusing his daughter and was sentenced to four life terms in prison, which the jury recommended to be served one after the other. Young raised several issues in his appeal, including claims that the trial court made errors by allowing certain evidence, giving confusing jury instructions, allowing expert testimony that supported the complainant's credibility, and examples of prosecutorial misconduct. Additionally, Young argued that the accumulated errors denied him a fair trial. The court carefully assessed the evidence admitted during the trial. Young contested evidence about past physical abuse towards his daughter and son, as well as a 1979 sexual assault against a teenager. The court found that references to the past abuse of the daughter were relevant to understand why she may have been hesitant to report the sexual abuse. The mention of his son was seen as proper because it challenged the credibility of a defense witness. However, evidence regarding the 1979 sexual assault had minimal relevance and could have been too prejudicial. Regarding jury instructions, the court found the trial judge's instructions were tailored to the evidence, even though they were not standard. The court decided that these instructions did not create errors. The expert witnesses presented by the state were seen as helpful rather than harmful to the case; they did not improperly support the credibility of the complainant. The court ruled that most of the prosecutor's comments during trial did not warrant a problem, except for some details about Young's criminal past, which could have unfairly influenced the jury. The court believed that the modification of Young's sentences to run concurrently addressed any potential unfairness. In summary, the court affirmed Young's conviction but changed his sentences to be served at the same time instead of one after another.

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S-2005-1067

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In OCCA case No. S-2005-1067, one person appealed his conviction for Shooting with Intent to Kill, Kidnapping, and Assault and Battery. In an unpublished decision, the court decided to affirm the trial court's ruling that denied the State's request to use the transcript of a witness's preliminary hearing testimony during the trial. One judge dissented. The case involved Deangelo Favors and another person who were charged with serious crimes. During the preliminary hearing, a key witness, Roberta Verner, testified, but another potential witness, Lesha Huggins, was not allowed to testify even though the defense wanted to present her testimony, claiming it would prove Verner lied about the crimes. The judge decided that Verner was unavailable for the trial, which meant her earlier statements could not be used unless the defense had a chance to fully question her and present their case. The judge believed that not allowing Huggins to testify took away the defense's opportunity to question Verner properly. The State wanted to appeal the decision, saying it was wrong to not allow them to use Verner’s testimony. However, after looking closely at the facts and arguments from both sides, the court found that the trial judge acted correctly in not letting the State use Verner's earlier testimony. The court noted that it is important for defendants to have the right to question witnesses against them, and that this right was not met in the preliminary hearing because the defense could not call Huggins to support their case. In the end, the decision to deny the State's appeal was upheld, and the case was sent back to the lower court for more proceedings based on the ruling.

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F-2000-1163

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In OCCA case No. F-2000-1163, Byrin Carr appealed his conviction for unlawful delivery of a controlled dangerous substance (cocaine base). In an unpublished decision, the court decided to modify Carr's convictions. One judge dissented. Byrin Carr was found guilty by a jury of two counts related to selling cocaine near a school and public housing. The judge sentenced him to ten years in prison for each count, plus fines. However, Carr argued that the court made mistakes during his trial. One of the key points was that Carr wanted the jury to hear about entrapment. This means he believed he was tricked into committing the crime by police. The court agreed that this important point should have been shared with the jury. Because of this mistake, the court changed Carr's convictions. Now, instead of being convicted of delivery, Carr was found guilty of possessing cocaine near a school and just possession of cocaine in general. His new sentence was reduced to five years for each conviction, to be served one after the other. While most of the judges agreed with this decision, one judge dissented. This dissenting judge believed that instead of changing the convictions, the case should be sent back for a new trial to address the mistakes made. Overall, the case highlighted the importance of fair instructions to the jury and how mistakes in court can lead to changes in sentences or corrections in charges.

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