Sexually Abusing a Minor Archives

F-2005-232

Post author:Staff
Post published:July 25, 2006
Post category:F

In OCCA case No. F-2005-232, Timothy Mark Dunivan appealed his conviction for sexually abusing a minor and child abuse. In an unpublished decision, the court decided to reverse the convictions for child abuse but affirmed the convictions for sexually abusing a minor. One judge dissented. To explain a little more, Timothy was found guilty of hurting and abusing his minor daughter in serious ways over several years. The case involved very serious charges, and a jury in Tulsa County agreed with the accusations against him. As a result, he was sentenced to many years in prison and also had to pay fines. Timothy argued that he should not have been charged because too much time had passed since the crimes occurred. He believed that the law didn't apply in his case due to what is called the statute of limitations. However, the court found that for the sexual abuse charges, the time limit to charge him was still valid, so those charges stuck. On the other hand, for the child abuse charges, they decided that quite a bit of time had passed, and so those charges were dropped. Throughout this process, there was a lot of discussion about the laws and how they applied to the case. The court also looked at the evidence provided during the trial and found that it was indeed acceptable to use some evidence from before the time period in which he was charged to show a pattern of behavior. In the end, while Timothy's very serious sentence for abusing his daughter stayed, he ended up having fewer charges against him after the appeal.

F-2005-129

Post author:Staff
Post published:April 3, 2006
Post category:F

In OCCA case No. F-2005-129, Denise Sue Watie appealed her conviction for sexually abusing a minor. In an unpublished decision, the court decided to affirm the judgment but modify the sentence. One judge dissented. Denise Sue Watie was found guilty by a jury in Tulsa County for sexually abusing her son. The jury suggested that she should serve eight years in prison. She was sentenced accordingly on January 24, 2005. After her conviction, she decided to appeal the decision, stating several reasons why she believed the trial was unfair. First, Watie claimed the court made an error by allowing certain evidence that she thought was unnecessary and repetitive. However, the court found that the admission of a videotaped interview of the complainant was acceptable under the law. Since the court followed the correct procedures, this part of her appeal was denied. Next, Watie argued that her confession to the police should not have been allowed because it was taken without informing her of her rights. The court examined how the police interviewed her. They noted that she was not arrested and could leave at any time. Because of this, the court concluded that the interview was not a custodial interrogation and did not require the police to read her the Miranda rights. Thus, Watie's statements were considered voluntary, and these claims were also denied. Watie also contended that the jury should have been instructed about the requirement that she would serve at least 85% of her sentence in prison. The court agreed that this information was important and should have been provided to the jury upon Watie’s request. Due to this oversight, her sentence was modified from eight years to six years. Lastly, Watie claimed that her sentence was too harsh. Since the court found that the jury should have been informed about the 85% rule, they reduced her sentence but did not fully agree with her position on its harshness. The decision to modify the sentence made her final argument about the severity of the punishment unnecessary. In conclusion, the judgment of the district court was affirmed, but her sentence was reduced to six years. The appeal brought attention to important legal procedures, but ultimately, the court decided that the original conviction stood, with a slight change to the length of time she would serve in prison.