Stalking

RE-2019-522

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In OCCA case No. RE-2019-522, Leslie Ford appealed his conviction for revocation of his suspended sentences. In an unpublished decision, the court decided to affirm the revocation of the suspended sentences in both cases but also instructed the lower court to correct a written order error regarding the duration of the revocation. One member of the court dissented. Leslie Ford had previously been sentenced in two cases for stalking, with each sentence being five years long but suspended, meaning he would not have to go to prison if he followed certain rules. However, he was accused of breaking these rules. The state said he didn’t pay the required fees, didn’t go to treatment for domestic abusers, drank alcohol, and even got in trouble for more offenses. At a hearing, the judge found that Leslie did indeed break the rules, leading to the full revocation of his sentences. Leslie then appealed the decision, bringing up several reasons why he thought the revocation was unfair. He argued about his mental fitness during the process and claimed there were time limit violations concerning the hearings. The court explained that they could only focus on whether the revocation was valid and that the evidence showed he broke the rules. They also found that a confusion on how long he was sentenced was a mistake, which they ordered to be fixed. Overall, Leslie did not manage to successfully argue for the reversal of his revocation, except for the correction regarding the error in the time of imprisonment mentioned in the written order.

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F-2018-973

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In the case of Brian Scott Willess v. The State of Oklahoma, the Oklahoma Court of Criminal Appeals addressed an appeal concerning the acceleration of Willess' deferred sentence for the crime of Stalking. The appeal was brought forth after the District Court of Cleveland County, under Judge Thad Balkman, found that Willess had violated the terms of his probation by not taking mandated mental health medication and committing a new stalking offense. **Background:** - On May 23, 2018, Willess entered a no contest plea to stalking, with sentencing deferred for five years, under probation terms. - The State later filed an Application to Accelerate Judgment, alleging violations of probation terms. A hearing was held on September 5, 2018, leading to the acceleration of Willess' sentence to five years imprisonment. **Propositions of Error:** Willess raised multiple arguments in his appeal: 1. **Ineffective Assistance of Counsel**: Claimed his counsel failed to argue for credit for time served prior to his plea. 2. **Jurisdiction Issues**: Argued that the district court lacked jurisdiction because there was no preliminary hearing held. 3. **Insufficient Evidence**: Contended that the State did not provide adequate evidence to prove a violation of probation terms. 4. **Due Process Concerns**: Suggested that he was not given adequate notice of the allegations against him and that hearsay evidence was improperly considered. 5. **Premature Acceleration**: Argued that the court should have considered intermediate sanctions instead of incarceration. **Court Opinion:** - The court affirmed the acceleration of Willess' deferred sentence, stating that the issues raised about ineffective counsel and jurisdiction were not valid in an acceleration appeal context. Proper processes for addressing these claims require filing a writ of certiorari. - On the sufficiency of evidence claim, the court found that the State had met its burden of proving violations by a preponderance of evidence, and the hearsay evidence presented had sufficient reliability. - Regarding due process, the court held that Willess had been duly notified of the allegations against him, and his hearsay concerns were addressed previously. - Finally, the court reiterated that even a single violation of probation conditions could warrant acceleration of the sentence, which was upheld in this case. The court's decision highlighted that procedural safeguards were followed and determined there was no abuse of discretion by the district court in accelerating Willess' sentence. In conclusion, the Oklahoma Court of Criminal Appeals ruled in favor of the State, affirming Willess' five-year sentence for the violations of probation.

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F-2018-326

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In OCCA case No. F-2018-326, #1 appealed his conviction for #stalking. In a (published) decision, the court decided #the State proved that the protective order was valid during the time of the incidents. #2 dissented.

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F-2018-321

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In OCCA case No. F-2018-321, Wayne William White appealed his conviction for Stalking. In an unpublished decision, the court decided to affirm the conviction. One judge dissented. Wayne William White was found guilty by a jury for stalking his ex-girlfriend after he repeatedly bothered her over several months, which included breaking a protective order meant to keep him away from her. He was sentenced to twenty years in prison. White argued two main points in his appeal. First, he claimed that the trial court made a mistake by not requiring the prosecution to choose specific actions that proved he stalked the victim. He believed this could confuse jurors, making it impossible for them to reach a unanimous agreement on what actions he took. The court explained that for a conviction of stalking, the law only needed to show that White repeatedly followed or harassed the victim, which means doing things that would cause someone to feel scared or upset. The State provided proof that he made multiple phone calls, left threatening messages, and damaged her property. The court looked into his argument and found no error. They stated that the process of how they reached their decision didn’t have to have them agree on every small action, but rather just that he was guilty of stalking overall. For White's second argument, he suggested that his lawyer did not do a good job by not asking the State to pick specific actions to focus on. The court said that since the State wasn’t required to choose specific actions anyway, his lawyer's actions did not hurt his case. Because of this, the court also denied this argument. In conclusion, the court affirmed Wayne William White's conviction, meaning his appeal was unsuccessful, and he would continue to serve his sentence. One judge had a different opinion but the majority agreed with the decision.

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C-2016-877

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In OCCA case No. C-2016-877, Charles David Miller appealed his conviction for multiple charges including stalking and possession of a firearm during a felony. In an unpublished decision, the court decided to grant Miller’s petition in part. The court affirmed the judgments and sentences for some counts but reversed the sentence for Count 1 and dismissed Count 4 due to double punishment concerns. One judge dissented. The case began when Miller, facing serious charges, entered a guilty plea in December 2014, agreeing to certain terms. He was originally given deferred sentences, meaning he would not serve time in prison if he followed the terms of his probation. However, after a hearing in 2015, the court ruled to impose a harsher sentence because Miller did not comply with the terms, leading to his appeal. Throughout the appeal, Miller argued that his guilty plea should be withdrawn for several reasons. He claimed there was no factual reason for his plea, that he was not made aware of his rights, and expressed concerns about double punishment as well as the effectiveness of his lawyer. The court reviewed the details and concluded that Miller had not shown enough grounds for his claims because some issues were not raised earlier in court, making them not eligible for review. The court particularly focused on whether Miller's plea was voluntary and if he was properly informed. They found that while Miller's plea might have been motivated by a desire to get his car back, he did understand the consequences of his actions. The court upheld the judgment for some counts, but it noted that the sentence for Count 1 was illegal because it exceeded the maximum allowed by law. As a result, they ordered a new sentencing for that count and dismissed Count 4 entirely because of double punishment. In summary, the main points were that Miller wanted to reverse his guilty plea but the court found many of his arguments unsubstantiated. They decided to change his sentence on one charge while dismissing another, affirming the result on several others.

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M-2003-784

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In OCCA case No. M-2003-784, the Appellant appealed his conviction for Stalking. In a published decision, the court decided to reverse the Appellant's judgment and sentence and remand for a new trial. One judge dissented. The Appellant, Bradley Allen Crawford, was initially convicted of Stalking in the District Court of Oklahoma County. He was sentenced to six months in county jail. During his appeal, he argued that he should have been allowed to show that the complaining witness might have had a reason to be biased against him. During the trial, the Appellant wanted to present evidence related to a child custody case that involved the complaining witness. However, the trial court did not permit this information. The Appellant also tried to question the complaining witness about her possible bias during her testimony, but the trial court stopped him, stating that it was related to other domestic issues. After the trial, the Appellant requested a new trial because the judge had not allowed him to present evidence about the witness’s potential bias, but this request was denied. The court noted that it’s important to allow evidence that could show a witness might be biased. It explained that this kind of evidence is usually admissible in court. The appellate court found that the Appellant was not given a chance to show that the complaining witness had motives that could affect her testimony. They pointed out that the witness's credibility was crucial to the trial since everything the police said was based on her accounts. The appellate court decided that the trial court's errors in not allowing the questioning about the witness's bias were significant enough that they could have changed the outcome of the trial. Because of this, the Appellant's original conviction was overturned, and the case was sent back to be tried again.

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