In OCCA case No. M-2007-62, Jimmy Dale Luttrell appealed his conviction for Domestic Assault and Battery in the Presence of a Minor Child. In an unpublished decision, the court decided to reverse Luttrell's conviction due to insufficient evidence. One judge dissented. Luttrell was found guilty by a special judge and was sentenced to one year in jail with the sentence suspended, along with fines and costs. The main issue in the appeal was the lack of evidence against Luttrell. The victim, who was Luttrell's wife, did not testify at the trial. Since the wife did not provide testimony, the judge did not allow police officers to share what she had told them or to show her written statement. This left no evidence that proved Luttrell was guilty beyond a reasonable doubt. The State tried to argue that even without the victim's testimony, there was enough evidence for a reasonable person to conclude Luttrell was guilty. However, the court found that in previous similar cases, the victim's statements were allowed as evidence. Since Luttrell's case did not have any proof to establish that he committed the crime, the court reversed his conviction. Because of double jeopardy rules, Luttrell cannot be tried again for the same accusation, and the case was sent back to dismiss the charges.