Second Degree Murder

F-2017-1279

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In OCCA case No. F-2017-1279, Dakota James Alleyn Shriver appealed his conviction for Second Degree Murder, Accessory After the Fact, and misdemeanor Obstructing an Officer. In an unpublished decision, the court decided that the State of Oklahoma did not have jurisdiction to prosecute him. One judge dissented. Dakota Shriver was found guilty by a jury and sentenced to serve time for various charges. Shriver argued that he should not have been tried in state court because he is a citizen of the Cherokee Nation and the crime happened on land that is considered Indian Country. This argument was based on a previous case, McGirt v. Oklahoma, which changed how some crimes are viewed depending on whether they happen on Native American land. The court decided to look into these claims further and sent the case back to the lower court to gather more information. The lower court held a hearing to determine if Shriver was indeed an Indian and if the crime occurred on a reservation. After the hearing, the lower court found Shriver was a member of the Cherokee Nation and that the crime did happen within the boundaries set for the reservation. The evidence showed that Shriver had a certain amount of Cherokee blood and was a recognized member of the Cherokee Nation at the time of the crime. The court found that the United States Congress had established a reservation for the Cherokee Nation, and no evidence existed to prove that Congress had removed those boundaries. Both parties were allowed to respond to the findings from the lower court. Shriver's team argued that the court should agree with the lower court's findings because they were backed by the evidence presented. The state agreed with these findings but asked for time to look at the case again in terms of whether they could charge Shriver under different laws. After considering everything, the court agreed with the findings of the lower court and decided that the state did not have the right to prosecute Shriver. Therefore, they overturned the convictions and told the lower court to dismiss the case.

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F-2017-1232

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In OCCA case No. F-2017-1232, Adrian Luis Walker appealed his conviction for second-degree murder and robbery by two or more persons. In an unpublished decision, the court decided to reverse the conviction on the robbery charge because it violated the law against being punished for the same crime more than once. The court affirmed the other parts of the sentence. One judge dissented.

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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-2017-892

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In OCCA case No. F-2017-892, David Lee Seely appealed his conviction for Murder in the First Degree. In an unpublished decision, the court decided to affirm the judgment and sentence. One judge dissented. David Seely was found guilty of murdering Jackie Tyler Wesnidge during a fight that escalated in a car. Seely and Misty Dawn Benefield had left the house they were staying in after an argument between Wesnidge and Benefield. Seely, who had previously expressed strong feelings for Benefield, ended up stabbing Wesnidge seventeen times after a confrontation in the car. After the murder, Seely and Benefield crashed the car and tried to escape on foot. They were eventually found by the police. Seely claimed several errors during his trial, including the trial court's failure to instruct the jury on certain defenses, the exclusion of evidence he wanted to present, the admission of graphic photographs, and issues of prosecutorial misconduct. He also argued that he received ineffective assistance of counsel. The court reviewed Seely's arguments and found that the trial court did not err in failing to instruct the jury on defenses like defense of another or voluntary intoxication, as there was no sufficient evidence to support those claims. It also determined that the evidence excluded by the court was not necessary for understanding the case, and that the photographs admitted were relevant to the crime. Prosecutorial misconduct claims were examined, yet the court concluded these did not significantly harm Seely's right to a fair trial. Finally, it ruled that his counsel performed adequately, and there were no grounds for claiming he received ineffective representation. The court affirmed Seely's conviction, finding all claims of error were without merit.

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F-2017-1230

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In OCCA case No. F-2017-1230, Oleithia June Cudjo appealed her conviction for second degree murder while in the commission of felony driving under the influence, driving while privileged suspended, and transporting an open container of liquor. In an unpublished decision, the court decided to affirm her conviction. One judge dissented.

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F-2012-703

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In OCCA case No. F-2012-703, Heather Ann Jones appealed her conviction for Second Degree Murder, Robbery Committed by Two or More Persons, Conspiracy to Commit Robbery, and Child Neglect. In an unpublished decision, the court decided to reverse the conviction for Robbery but otherwise affirmed the Judgment and Sentence from the District Court. One judge dissented. Heather Ann Jones was found guilty after a jury trial in Sequoyah County. The jury sentenced her to fifteen years for Second Degree Murder, five years for Robbery, a fine for Conspiracy to Commit Robbery, and one year in jail for Child Neglect, with all sentences running at the same time. Jones raised several issues on appeal. First, she questioned whether there was enough evidence to support her convictions. The court found that the evidence was sufficient to support the jury's decisions, as it showed that Jones knew her accomplices intended to commit robbery. Even though initially the victim let them in, it was shown that they used deception to gain entry, which made their actions unlawful. Second, Jones argued that it was wrong for the trial court to allow testimony about her behavior during a TV interview after her daughter was shot. The court found that while the video of the interview was inadmissible, the investigator’s testimony about her demeanor did not count as hearsay and did not unfairly affect the trial. Jones also claimed that statements made by a witness to the police were wrongly admitted, claiming it deprived her of a fair trial. Despite the admission being deemed an error, the court ruled that since the witness testified in court about the same things, the error did not impact the outcome significantly. Jones's objection to some character evidence used against her related to her behavior following her daughter’s shooting was dismissed, as the court believed it directly supported the charge of Child Neglect. She also argued that being convicted for both Robbery and Second Degree Murder was unfairly punishing her twice for the same act. The court agreed, finding that the acts were part of the same crime, so they reversed her conviction for Robbery. In terms of ineffective assistance of counsel, Jones claimed her lawyer should have objected to several pieces of evidence, including the TV interview, police statements, and character evidence. The court ruled that her lawyer's performance did not prejudicially affect the outcome because the decisions were matters of which objections would not have made a difference. Finally, Jones asked for a review of all issues together, hoping that their combined impact on her trial would show that she did not receive a fair trial. However, the court found the errors were not enough to change the outcome. Overall, the court reversed Jones's conviction for Robbery but affirmed the rest of her convictions and sentences.

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F-2011-693

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In OCCA case No. F-2011-693, Michael Wayne Dorsey appealed his conviction for Manslaughter in the First Degree and Shooting with Intent to Kill. In a published decision, the court decided to affirm Dorsey's conviction and his sentences but vacated the $5,000 victim compensation assessment set by the trial court. One member of the court dissented. Dorsey was found guilty by a jury of manslaughter and shooting with intent to kill. The jury decided on a punishment of thirty years for manslaughter and five years for the shooting charge, which would be served one after the other. Dorsey argued that he should have been allowed to use self-defense as a reason for both charges, but the court found that the instructions given to the jury were correct. Dorsey also claimed that the trial judge made an error with jury instructions regarding self-defense and intoxication, but the court disagreed. He further asserted that his lawyer was not effective because there was no objection raised to those jury instructions, but the court ruled that there was nothing wrong with the instructions in the first place. Lastly, Dorsey objected to the judge imposing the victim compensation amount without considering several important factors. The court agreed that the judge did not properly assess the situation and sent the case back to the trial court for a new decision on the compensation amount. Thus, the main outcome was that while Dorsey's conviction was upheld, the court required a reconsideration of the victim compensation assessment based on certain statutory factors outlined in the law.

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F-2009-525

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In OCCA case No. F-2009-525, Sparks appealed his conviction for Second Degree Murder, Unlawful Delivery of a Controlled Drug, and Unlawful Removal of a Dead Body. In a published decision, the court decided to affirm the convictions for Counts 2 and 3 but reversed and remanded Count 1, with instructions to dismiss. One judge dissented regarding Count 1. The case involved Nathan David Sparks, who was tried and found guilty in Osage County. The jury decided that he should spend ten years in prison for Second Degree Murder, along with a fine for delivering a controlled substance and a year in county jail for improperly handling a dead body. The trial judge followed the jury's recommendations. The appeal focused on several issues, including whether there was enough evidence to support a conviction for Second Degree Murder. During the trial, the prosecution argued that Sparks gave methamphetamine to a woman who later died from it, claiming they had a close relationship and that he knew about her health issues. Sparks argued that the evidence did not strongly support the idea that his actions were extremely dangerous. The court reviewed prior cases and determined that not every case of delivering drugs resulting in death is automatically Second Degree Murder. They explained that for a murder charge to stick, the actions must show a clear disregard for life. They found that in Sparks' case, while he knew the victim had health problems, there wasn't enough evidence to prove his actions were dangerously reckless enough to warrant a murder conviction. Each of Sparks' other issues was also reviewed. They found some testimony was not directly related to the case, but since the evidence for Counts 2 and 3 was strong, it did not change the outcome. They determined that there was no misconduct during the trial and that Sparks had adequate legal representation. In summary, the court upheld Sparks' convictions for the drug delivery and body removal but did not find strong enough evidence for the murder charge, leading to its dismissal. One judge disagreed, believing the evidence was sufficient to uphold the murder charge due to Sparks' knowledge of the victim's health issues.

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F-2009-404

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In OCCA Case No. F-2009-404, Kassie Lakei Bills appealed her conviction for First Degree Murder. In an unpublished decision, the court decided to reverse her conviction and remanded the case for a new trial. One judge dissented. Kassie Lakei Bills was found guilty of murder after a jury trial in Oklahoma County. The jury sentenced her to Life Imprisonment Without the Possibility of Parole. Bills raised several complaints about how the trial was conducted. She argued that the trial court, which is responsible for making sure the trial runs smoothly, acted improperly during jury selection (called voir dire) by making comments that could have influenced the jurors. She said the court restricted her ability to question potential jurors about an important issue in her case: insanity. Further, Bills claimed that the trial court did not allow the jury to consider lesser offenses that might have been more appropriate, and that it should not have allowed certain evidence that was not relevant to the case. She felt her lawyer did not do a good job representing her, and there were too many mistakes made during the trial that affected her right to a fair trial. One key issue was the trial judge’s comments during jury selection. The judge told jurors that they should come to a decision quickly and warned them against being hard-headed. Bills argued that these comments pressured jurors to reach a verdict even if they had honest disagreements about the evidence. The court pointed out that such comments could be seen as coercive, leading to a situation where jurors would not feel free to express their true opinions. The court agreed with Bills that the trial judge’s comments were improper and could have influenced the jury's actions unfairly, which led to the decision to reverse her conviction and order a new trial. Since the case was sent back for a new trial, the court did not need to discuss the other complaints Bills raised about her trial or her request for a hearing regarding her lawyer's performance. In conclusion, Bills' conviction was overturned, and she was granted a new beginning in court, where she may have a chance to present her case fairly.

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F-2008-434

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In OCCA case No. F-2008-434, Dusty Ray McGee appealed his conviction for First Degree Murder. In an unpublished decision, the court decided to reverse the conviction and remand the case for a new trial. One judge dissented. Dusty Ray McGee was found guilty of murdering a homeless man named John Seeley after a brutal attack. The attack happened when McGee and others returned to an abandoned apartment complex where Seeley was staying. They confronted him because they were stealing metal from the site. During this attack, McGee, along with his accomplices, kicked and hit Seeley multiple times with different objects. After the assault, they took pictures of the injured Seeley, who was still alive at that time. McGee was arrested a few days later and admitted to being part of the attack but claimed he didn't intend to kill Seeley. He mentioned that he wanted to call an ambulance afterward but was threatened by one of his accomplices. During McGee's trial, there were several issues. The jury asked many questions that showed they were confused about what made a crime first or second-degree murder and how sentencing worked. The judge didn’t handle these questions properly and didn’t bring the jurors back to discuss their worries in front of everyone. This made it hard for the jury to understand everything they needed to know to make a fair decision. The court acknowledged that the improper handling of the jury's questions likely impacted McGee's rights to a fair trial. Because of these errors, the court reversed McGee's conviction and ordered a new trial, suggesting that the previous trial did not follow the required legal procedures properly.

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F-2007-1133

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In OCCA case No. F-2007-1133, Jona Ann Montgomery appealed her conviction for Second Degree Murder and Leaving the Scene of a Fatality Accident. In an unpublished decision, the court decided to reverse the conviction for Second Degree Murder and affirmed the conviction for Leaving the Scene of a Fatality Accident. One judge dissented. Jona Ann Montgomery was tried in Pittsburg County for her involvement in a tragic incident where she hit two children with her car while speeding near a crowded football game. The younger child, a ten-year-old girl, unfortunately died, while her brother survived. After the accident, Montgomery left the scene but left behind her belongings in the car. The main issue in Montgomery's appeal was the trial court's refusal to instruct the jury on the possibility of a lesser charge known as Misdemeanor Manslaughter. Initially, the law at the time of Montgomery's trial did not permit this instruction, and her attorney argued against it. However, shortly after the trial, a higher court changed its stance on this law, ruling that driving while impaired could indeed be used for a Misdemeanor Manslaughter charge. Montgomery argued that she should receive a new trial based on this new rule. The court reviewed the situation and agreed that the trial court had made a mistake by not allowing the jury to consider this lesser charge. They believed that a fair jury could have potentially found Montgomery guilty of Misdemeanor Manslaughter instead of Second Degree Murder, given the circumstances of the case. Montgomery also raised concerns about other evidence that was presented during her trial. This included items found in her vehicle that were linked to drug use and remarks made during the trial suggesting she showed no remorse for her actions. The court found that much of this evidence was not necessary and could unfairly bias the jury against Montgomery. The decision ultimately led to the reversal of her conviction for Second Degree Murder because of the instructional error on Misdemeanor Manslaughter, while they upheld the conviction for Leaving the Scene of a Fatality Accident. The judges aimed to ensure that future trials would avoid the errors found in Montgomery's case.

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F 2007-201

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In OCCA case No. F 2007-201, Kristopher Lee Morphew appealed his conviction for Second-degree Murder. In a published decision, the court decided to reverse Morphew's Judgment and Sentence and remand the case for a new trial. One judge dissented. Morphew was found guilty of Second-degree Murder after a jury trial. The jury decided on a punishment of twenty years of prison time. However, Morphew argued that he did not receive a fair trial due to several reasons, including ineffective help from his lawyer, errors in jury instructions, and misconduct by the prosecution. The main issue that led to the court's decision was about how the jury was instructed regarding what depraved mind meant in the context of Second-degree Murder. The jury was confused about a key part of the instruction, and the trial judge did not clarify it properly. Because of this, the court found that the instructions did not adequately explain the law and could have led to a misunderstanding during the trial. Since this error was significant enough to possibly change the outcome of the case, the court concluded that Morphew deserved a new trial. The other points raised by Morphew were not discussed because the error regarding jury instructions was sufficient to reverse the conviction. In summary, the court's decision sends Morphew back for a new trial to ensure he receives a fair chance to defend himself under the correct laws and instructions.

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F-2006-114

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In OCCA case No. F-2006-114, Tuydale Eugene LeFlore appealed his conviction for Second Degree Murder, Leaving the Scene of an Accident Involving Damage, and Unauthorized Use of a Motor Vehicle. In a published decision, the court decided to affirm the judgment for Leaving the Scene and Unauthorized Use of a Motor Vehicle, but modified his sentence for Second Degree Murder from sixty years to thirty years. One judge dissented regarding the modification of the sentence for the murder charge, arguing that there was no evidence that the jury considered parole during their decision.

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F-2005-829

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In OCCA case No. F-2005-829, Clarence Andre Gatewood appealed his conviction for Second Degree Murder. In a published decision, the court decided to affirm Gatewood's conviction but remand for resentencing. One member of the court dissented. Gatewood was found guilty by a jury of Second Degree Murder after initially being charged with First Degree Murder. He was sentenced to life in prison. During the appeal, he raised several issues, including that the trial court didn't notify his lawyer about a jury note, denied his request for a specific sentencing instruction, and allowed an involuntary confession to be used against him. The court examined these claims. It determined that Gatewood's confession was voluntary since he was aware of his rights, was sober, and spoke to the police without any threats or promises. Therefore, this part of his appeal was denied. However, the court found that Gatewood should have received instructions about parole eligibility, based on a previous case ruling. Since the jury had even asked a question related to the meaning of a life sentence with the possibility of parole, the court felt that this instruction was necessary. Consequently, while Gatewood's conviction stands, his sentence was overturned, and the case was sent back to lower court to determine a new sentence. The court did not consider his claim about the severity of his sentence because the other findings made it unnecessary to address.

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F 2001-668

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In OCCA case No. FT 2001-668, Richard James Cordon appealed his conviction for Second Degree Murder. In an unpublished decision, the court decided to reverse the conviction and remand for a new trial. One judge dissented. Richard Cordon was found guilty of Second Degree Murder after a trial. He was sentenced to fifteen years in prison. Cordon believed he did not get a fair trial because the court refused to give certain jury instructions. These instructions were about statements he made that could show he was innocent, as well as instructions on different types of manslaughter, voluntary intoxication, and self-defense using non-deadly force. After looking carefully at all the evidence and arguments, the court agreed that Cordon’s conviction should be reversed. They felt the trial court made a mistake by not allowing the jury to consider his exculpatory statement, which means a statement that could help prove he was not guilty. The court believed that if the jury had heard this statement, they might have decided Cordon was innocent. The court did not agree with all of Cordon's claims, particularly those about the other types of defenses and instructions he wanted, but they found that the lack of an instruction on his exculpatory statement influenced the trial's fairness. Therefore, the case was sent back for a new trial.

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F-2001-281

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In OCCA case No. F-2001-281, Jimmy Lee Mullins appealed his conviction for Second Degree Murder, Leaving the Scene of an Accident involving Death, and Leaving the Scene of an Accident involving Non-Fatal Personal Injuries. In a published decision, the court decided that Mullins's conviction for Leaving the Scene of an Accident involving Non-Fatal Personal Injuries should be reversed and dismissed. The court confirmed his convictions for Second Degree Murder and Leaving the Scene of an Accident involving Death. One judge dissented.

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F-2000-1232

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In OCCA case No. F-2000-1232, Virginia Lee Patton appealed her conviction for Second Degree Murder and Injury to a Minor Child. In an unpublished decision, the court decided to affirm the conviction for Second Degree Murder but reversed the conviction for Neglect of a Minor Child with instructions to dismiss. One judge dissented. Virginia Lee Patton was found guilty by a jury of killing someone (which was labeled as Second Degree Murder) and of causing harm to a child (originally charged as Injury to a Minor Child). The jury recommended a punishment of fifty years in prison for the murder, and a one-year sentence for the charge related to the minor child. The sentences were set to be served one after the other. During her appeal, Patton claimed two main issues. First, she argued that there wasn't enough evidence to support the murder conviction and that it was wrong to charge her with Second Degree Murder. Secondly, she pointed out that it was unfair to charge her with two crimes based on the same situation, which might violate her rights. The court examined all details and evidence from the trial. After reviewing everything, the judges agreed that there was enough evidence to support the murder conviction. They felt that a reasonable person could conclude she was guilty of that offense based on the facts presented during the trial. However, the court also recognized that charging Patton with both Second Degree Murder and Neglect of a Minor Child was a problem because it relied on the same evidence for both charges. Due to this, they decided to reverse the conviction for Neglect of a Minor Child and ordered it to be dismissed, meaning she would not be punished for that crime. In summary, the court upheld the serious conviction for murder while removing the lesser charge related to the child. One judge disagreed with the decision about the murder conviction.

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