Sodomy

F-2019-854

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In OCCA case No. F-2019-854, Joshua Lee Purdom appealed his conviction for several serious crimes, including assault and battery, kidnapping, and rape. In an unpublished decision, the court decided to reverse his convictions and remand the case with instructions to dismiss it. One judge dissented. Joshua Lee Purdom was found guilty by a jury of multiple crimes and received a lengthy sentence in the District Court of Hughes County. The court took into account that Purdom committed these crimes against a victim who had Indian heritage and that the crimes occurred on land considered part of an Indian Reservation. This brought up a question about whether the state had the right to convict him. Purdom argued that because the victim was an enrolled member of an Indian tribe and the crimes happened on Indian land, the state did not have jurisdiction to prosecute him; instead, this should be handled by federal courts. The case brought attention to a ruling from the U.S. Supreme Court that said parts of Oklahoma were still considered Indian Country for legal purposes. The OCCA agreed with Purdom and found that based on the facts established in a hearing, the state did not have the authority to prosecute him. The victim’s status as an Indian and the location of the crimes played a crucial role in the decision. Therefore, the court dismissed the case, emphasizing that only federal courts have jurisdiction over crimes against Indians in Indian Country under federal law. In summary, the court reversed Purdom’s convictions and ordered the case to be dismissed, which means he will not face charges from this case.

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S-2013-483

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In OCCA case No. S-2013-483, the defendant appealed his conviction for various crimes involving minors, including sodomy, lewd acts, and sexual battery. In an unpublished decision, the court decided to deny the State's appeal regarding the exclusion of certain evidence. One judge dissented from this decision. Thomas Bradley Porton was charged with serious crimes against children. The crimes included sodomy and other lewd acts, as well as providing alcohol to minors and possessing indecent photographs. These charges were based on incidents that occurred in McCurtain County. During the pretrial, the State wanted to use photographs found on Porton's computer as evidence. However, the judge ruled that these photographs could not be used in court. The State believed that the photos were important to prove their case against Porton. They argued that the photographs showed a pattern of behavior that related to the crimes he was charged with. The State appealed the judge's decision to keep the photographs out of the trial. They said that their ability to prove Porton's guilt was greatly affected without this evidence. The law allows the State to appeal when evidence is excluded if it is believed to be in the interests of justice. However, the court found that the State did not show that the photographs were a critical part of the evidence needed to prove the case. Because of this, the appeal was denied, meaning the photographs would not be part of the trial. The ruling pointed out that the trial judge had looked closely at the case and had reasonable grounds to decide that the photographs were not relevant or that their potential to cause unfair problems outweighed their usefulness as evidence. One judge disagreed with the majority opinion. He felt that the photographs should not have been excluded because they could help prove Porton's motive and intent regarding the charges. He argued that evidence of other actions taken by the defendant should have been considered, especially since there were connections between the photographs and the charges against Porton. In summary, the court upheld the lower court's decision to exclude the evidence, impacting the State's case against Porton, while one judge believed this decision was incorrect and would have allowed the evidence.

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F-2008-60

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In OCCA case No. F-2008-60, Valenta E. Thompson appealed his conviction for multiple serious crimes including first-degree rape, sodomy, kidnapping, and witness intimidation. In an unpublished decision, the court decided to uphold some of the convictions while reversing others. One judge dissented. Valenta E. Thompson faced serious charges in the District Court of Muskogee County. He was found guilty by a jury of crimes that included rape and sodomy, among others. The jury recommended significant sentences, leading to Thompson receiving life imprisonment for some charges and lesser sentences for others. In his appeal, Thompson raised many issues. He argued that he did not receive a fair trial, citing that he was not properly informed of the elements of some charges. Specifically, he mentioned that the jury wasn't instructed about the components necessary to prove anal sodomy and witness intimidation. These mistakes were recognized as severe enough to warrant a reversal of those convictions. Thompson also claimed that there was not enough evidence to support his conviction for rape, and he argued that incorrect jury instructions regarding his potential sentences impacted his case. In addition, he pointed out that the prosecutor had made improper comments during the trial about plea deals, and that his own lawyer did not provide adequate representation throughout the process. The court carefully reviewed all the arguments and the entire record of the case. They found that the lack of instruction for some charges was a significant error. This was particularly true for witness intimidation, where the jury did not understand what needed to be proven for a conviction. Because of this, those specific counts were reversed. However, regarding the charge of first-degree rape and other offenses, the court found enough evidence to support the convictions. The judges determined that despite the errors concerning instructions, Thompson's sentences for the remaining counts were appropriate and should be upheld. In conclusion, the court affirmed the judgments and sentences for most of Thompson's convictions while reversing and remanding the convictions related to anal sodomy and witness intimidation for further proceedings. Some judges agreed with this decision, but one judge dissented, believing that the convictions should not have been reversed.

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F-2003-1261

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In OCCA case No. F-2003-1261, Ronnie Odell Gargus appealed his conviction for Rape by Instrumentation, five counts of Sodomy, and Lewd Acts with a Child. In an unpublished decision, the court decided to affirm Gargus' convictions and sentences. One judge dissented. The case involved a jury trial where Gargus was found guilty of serious sexual offenses against a child. The jury decided on lengthy prison sentences for each count, totaling a significant amount of time in prison. Gargus raised two main points in his appeal. First, he argued that he should have been allowed to ask the State's expert witness about any bias in his testimony against Gargus. The court acknowledged that usually, a witness cannot be questioned about their past arrests if there was no conviction. However, the court agreed that there are times when it is important to explore a witness’s potential bias, especially if the witness has pending criminal issues. Despite this, the court found that excluding the questioning about the expert's bias did not change the outcome of the case since there was also strong evidence against Gargus, including the child’s own credible testimony. Second, Gargus claimed he was not properly informed before the court ordered him to pay restitution to the victim. The court noted that Gargus did not raise this issue during the trial. However, they agreed that the amount of restitution was not clearly supported by evidence, and that needed to be corrected. The court ordered a new hearing to determine the correct amount that Gargus should pay. Overall, the court upheld the convictions and long sentences but recognized that some legal issues concerning restitution needed further attention. They will have a new hearing to ensure the restitution amount is fair and based on proper evidence.

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