Right to Present a Defense Archives

F-2018-481

Post author:Staff
Post published:December 12, 2019
Post category:F

In OCCA case No. F-2018-481, Derrick Lamont Garrett appealed his conviction for kidnapping and burglary in the first degree. In an unpublished decision, the court decided to affirm Garrett's conviction. One judge dissented. Garrett was tried and found guilty by a jury for kidnapping and burglary. He was sentenced to twenty years in prison for each count, with the sentences running one after the other. Garrett's appeal raised several points of error regarding his trial, such as claims that there wasn't enough evidence to support his convictions, that some evidence was wrongly excluded, and concerns about the jury selection process. The court looked carefully at the arguments and decided that the trial was fair, and the evidence was sufficient to support the jury’s guilty verdicts. They noted that Garrett had requested specific jury instructions that he later challenged, which the court found was not a valid complaint. They also stated that the eyewitness testimony was handled correctly and that the exclusion of some evidence didn’t violate Garrett's rights. Regarding the jury selection, the court stated that Garrett did not prove any discrimination occurred in the way jurors were chosen. Since they found no significant errors in the trial, they affirmed the conviction, meaning Garrett must continue to serve his sentences.

F-2014-698

Post author:Staff
Post published:October 28, 2015
Post category:F

In OCCA case No. F-2014-698, Weimer appealed his conviction for First Degree Murder (Child Abuse). In a published decision, the court decided to affirm the conviction and sentence but vacated the order of restitution. One judge dissented. Weimer was found guilty after a jury trial in Comanche County and was sentenced to life in prison. He also had to pay restitution of $6,395. During his appeal, Weimer claimed several issues. He argued that evidence from the Medical Examiner's office was not valid because the office was not accredited. He also said that he could not present his defense properly and that he could not confront the witnesses effectively. Another issue was his complaints about gruesome photos shown during the trial, saying they made the trial unfair. Weimer's defense team also argued that not letting the jury visit the crime scene was unfair and that the restitution amount was not backed by real evidence. Lastly, he expressed that the total mistakes during the trial made the whole process unfair. The court reviewed each of Weimer's points. They decided that even though the Medical Examiner's office was not accredited, it did not make the evidence inadmissible. They also ruled that Weimer was able to defend himself properly and that he was not unfairly restricted in doing so. The court allowed the autopsy photos because they were relevant to the case. Regarding the jury's visit to the crime scene, the court agreed with the trial judge that it was not necessary. On restitution, the court found the trial judge had not given a clear basis for the restitution amount, which led to the decision to vacate the order and send it back to the lower court for further evaluation of the actual loss. In the end, the court found no errors in the trial that would require a new trial. Therefore, they affirmed Weimer's conviction but sent the case back for more work on the restitution amount because there wasn't enough evidence to support it. One judge disagreed with part of the ruling about the Medical Examiner’s office not being accredited but agreed with the final result of the decision.