State of Oklahoma Archives - Page 15 of 23

F-2008-214

Post author:Staff
Post published:February 10, 2009
Post category:F

In OCCA case No. F-2008-214, Joe Lee Birmingham appealed his conviction for three counts of lewd and indecent acts with a child under sixteen. In an unpublished decision, the court decided to modify his sentences to four years imprisonment in each count, to be served concurrently, and as modified, the decision was affirmed. One judge dissented. Joe Lee Birmingham was found guilty by a jury of three counts of lewd acts against a child in the District Court of Oklahoma County. He was sentenced to four years for each count, and the sentences were to be served back-to-back. Birmingham had raised several arguments in his appeal, saying his trial was unfair because important evidence was not allowed, his lawyer didn’t help him properly, and other issues with the trial and sentencing. First, he argued that the judge would not let him show he had a medical condition called ALS, which he thought was important for his defense. However, the court concluded that this evidence did not really change the situation since he admitted to touching the girl, even if he said it wasn’t inappropriate. Next, Birmingham claimed his lawyer made many mistakes that hurt his case, but the court found that the mistakes did not likely change the trial's outcome. He also said that the proof his actions were wrong wasn’t good enough, but the court disagreed, stating that the evidence was sufficient for the jury to reach a conclusion. Birmingham’s complaints about not getting the right jury instructions were found to be invalid, as he did not raise them during the trial. Regarding the idea that changing one of the charges after the state had presented its evidence was incorrect, the court found it was done properly. Birmingham said the prosecutor behaved badly during the trial, but the court believed the comments made were just pointing out reasonable conclusions from evidence. His argument about the length of his sentences being too harsh was also denied. The court even said they believed he should serve his sentences concurrently, rather than back-to-back, because of his health issues. Overall, the court felt that the trial was fair, and even if there were some minor issues, they did not believe they negatively affected the outcome much. Thus, they decided his sentences would be adjusted to only four years overall for his actions, instead of having to serve each count one after the other.

S-2008-761

Post author:Staff
Post published:February 5, 2009
Post category:S

In OCCA case No. S-2008-761, Robert Lee Smallen appealed his conviction for First Degree Murder. In a published decision, the court decided to affirm the district court's suppression order of his statements made during a police interview. Smallen's refusal to waive his rights to silence and counsel was upheld, and he was found not to have voluntarily waived those rights. One judge dissented.

F-2007-848

Post author:Staff
Post published:December 19, 2008
Post category:F

In OCCA case No. F-2007-848, Marvis Evans appealed his conviction for robbery with a firearm, possession of a firearm after felony conviction, and pointing a firearm at another. In an unpublished decision, the court decided to affirm the convictions for robbery with a firearm and possession of a firearm but reversed and dismissed the conviction for pointing a firearm. One judge dissented. Marvis Evans was found guilty by a jury in Oklahoma County for several serious crimes. The jury decided he should spend twenty years in prison for each crime, but some sentences would be served at the same time. Evans argued that he was punished unfairly because of double jeopardy, meaning he did not think he should be tried and punished for the same act in two different ways. He also claimed there wasn't enough proof to prove he committed the crimes. The court looked at Evans's arguments closely. They found that he was guilty of robbery and possession of a firearm, and the law does allow for those two separate charges. However, they agreed that Evans was punished too harshly for pointing a firearm, which they decided to dismiss because it was too similar to the robbery charge. In the end, the court confirmed that he was guilty of robbery and possession of a firearm, but not for pointing a firearm. They ruled that the evidence against him was strong, including being caught shortly after the crime and making incriminating statements to police. Therefore, the court upheld part of his punishment but removed one conviction.

F-2007-526

Post author:Staff
Post published:November 19, 2008
Post category:F

In OCCA case No. F-2007-526, Chavis Lenard Day appealed his conviction for Shooting with Intent to Kill and Attempted Robbery with a Dangerous Weapon. In a published decision, the court affirmed the judgment and sentence from the District Court. One judge dissented. Chavis Lenard Day was found guilty by a jury for two crimes: shooting someone with the intention to kill and attempting to rob that person using a dangerous weapon. The jury decided that he should serve life in prison for both crimes, but these sentences would happen at the same time, not one after the other. During his appeal, Day raised several concerns about his trial. First, he argued that he should not be punished separately for both crimes because it might violate rules against double jeopardy, which means being tried for the same crime twice. However, the court found that it was okay to punish him for both offenses. Day also questioned if the person who identified him as the shooter was telling the truth. The court looked at the evidence and determined that the jury was allowed to trust this witness's testimony, even if it was challenged during the trial. Another issue Day raised was about the advice given to the jury. He claimed the judge didn’t give certain instructions, like reminding them that eyewitnesses can make mistakes. The court decided that these instructions were not necessary and that the trial was fair. Day also thought a witness should not have talked about changing a photo used in the trial because it could confuse the jury. The court explained that mentioning this did not mean Day had done something wrong or had been involved with gangs. Additionally, Day argued that the jury should have been told about how long he would have to serve in prison before being eligible for parole. However, the court found that the law did not require that information for his specific charge. Finally, Day pointed out that a mistake was made in official documents. They stated he was guilty of robbery when he was actually guilty of attempted robbery. The court agreed and said they would fix this error in the official records. In conclusion, the court affirmed Day's punishment but ordered that the documents reflect the correct details of the conviction. Overall, the court found that none of Day's complaints were enough to change the outcome of the trial except for the clerical correction.

F-2007-856

Post author:Staff
Post published:October 10, 2008
Post category:F

In OCCA case No. F-2007-856, Ricky Louis Hunter appealed his conviction for Lewd or Indecent Proposals or Acts to a Child Under 16 and Unlawful Use of a Computer. In an unpublished decision, the court decided to affirm the conviction for the first count while dismissing the second count due to double punishment concerns. One judge dissented.

F-2007-767

Post author:Staff
Post published:September 3, 2008
Post category:F

In OCCA case No. F-2007-767, Walter Roundtree appealed his conviction for robbery with a firearm, kidnapping, first-degree rape, and forcible sodomy. In an unpublished decision, the court decided to modify his sentences to run concurrently. One member of the court dissented. Walter Roundtree was charged with committing serious crimes, including robbery and rape. After a jury trial, he was found guilty and received various sentences that totaled quite a bit of time in prison. All of his sentences were set to run one after the other, which means he would have to serve them one at a time. Roundtree argued that the judge should have considered allowing his sentences to run at the same time instead. The law allows judges to decide whether sentences can be served concurrently or consecutively. However, the judge in this case had a rule that if someone chose a jury trial and lost, all their sentences would go one after the other. This policy was seen as potentially wrong because it might discourage people from exercising their right to have a jury trial. The court looked closely at this situation and decided that the judge had indeed abused his discretion by not even considering the option of concurrent sentences. Because of this, Roundtree's sentences were changed so that he would serve them at the same time instead of one after the other. The court also discussed some other issues Roundtree raised, such as not getting credit for the time he spent in jail waiting for his trial and the $500 fine that was added to one of his sentences. The court found that the trial didn't violate his rights in these areas, so they upheld the trial's decision regarding those matters. In the end, the court confirmed the conviction but made changes to the way the sentences were to be served, allowing them to be concurrent instead of consecutive.

F-2007-438

Post author:Staff
Post published:August 22, 2008
Post category:F

In OCCA case No. F-2007-438, Gregory Lynn Bryant appealed his conviction for Lewd Molestation. In an unpublished decision, the court decided to affirm his conviction and sentence of six years imprisonment, while vacating the $2500 fine. One judge dissented. Bryant was found guilty of lewd molestation after a jury trial. He had previously faced charges of first-degree rape but was acquitted of that charge. The jury recommended Bryant receive a six-year prison sentence and a fine. Bryant then appealed the decision, listing several reasons for his appeal. He claimed that there were errors that affected his trial. First, he argued the prosecution suggested he had a history of similar misconduct, which he believed was unfair because there was no evidence to support that. Next, he argued that an expert witness's testimony was improperly allowed, which affected the truthfulness of a key witness for the state. Bryant also argued that he should receive credit for time he spent in county jail while waiting for his trial. He further believed that the jury was wrongly instructed about the fine they imposed and that the trial court did not follow proper procedures when jurors had questions. Lastly, he claimed that the trial judge was wrong to stop an expert from testifying about psychological tests he performed on him. After reviewing all the evidence, the court found no errors that would lead to overturning the conviction. The court decided the prosecution did not improperly suggest past crimes. They also stated the expert witness did not comment on the victim's truthfulness and that Bryant was not entitled to credit for time served. Regarding the fine, the court ruled the previous instructions to the jury were incorrect, which led to the fine being vacated. Furthermore, they noted that the rules for communication with jurors were not followed, but this did not harm Bryant's case. Lastly, they concluded that the expert testimony he wanted to present was not relevant to his guilt or innocence. Overall, the court upheld the conviction and confirmed the six-year prison sentence, while directing the trial court to reassess his jail fees.

F-2006-1282

Post author:Staff
Post published:August 21, 2008
Post category:F

In OCCA case No. F-2006-1282, Michael Ralph Conroy appealed his conviction for several serious crimes, including first-degree rape, kidnapping, and domestic abuse. In an unpublished decision, the court decided to affirm his convictions but ordered a new sentencing hearing. One judge dissented, agreeing with the convictions but opposing the need for resentencing. Conroy was found guilty after a jury trial that reviewed evidence against him. He received significant prison time, amounting to 50 years for most of his charges and a year in jail for the domestic abuse charge, along with a fine. During the appeal, Conroy argued various issues, including the admission of evidence related to other crimes, the authenticity of certain exhibits, and the overall lack of evidence supporting his conviction. He also claimed that some evidence presented at trial was not allowed by law and that he did not receive effective legal representation. The court examined all of these arguments. They found that the evidence admitted during the trial was relevant and showed Conroy's guilt, including letters he wrote that indicated his intent to influence witness testimony. The report concerning the sexual assault was also deemed admissible because it fell under a specific exception to regular rules about hearsay. However, the court acknowledged a mistake regarding jury instructions on the 85% rule, which requires certain criminals to serve a significant part of their sentences before being eligible for parole. This oversight necessitated a new hearing only for sentencing. In the end, even though the appeals court affirmed the guilty verdicts, it recognized the trial court should reconsider the sentencing due to the jury instruction error.

S 2007-1212

Post author:Staff
Post published:August 6, 2008
Post category:S

In OCCA case No. S 2007-1212, Jason L. Bandy appealed his conviction for Negligent Homicide. In an unpublished decision, the court decided to deny the appeal regarding the suppression of a blood test. The court found that the State did not show that reviewing the case would be in the best interests of justice, and they concluded that the suppressed evidence was not a significant part of their case against Bandy. Consequently, the case was sent back to the trial court for further action consistent with this opinion. One judge dissented.

RE 2007-0484

Post author:Staff
Post published:August 1, 2008
Post category:RE

In OCCA case No. RE 2007-0484, Shaun Lee Gessel appealed his conviction for multiple charges including unauthorized use of a motor vehicle and threatening a witness. In a published decision, the court decided to affirm the revocation of his suspended sentences but ordered the cases to be sent back to the District Court for re-sentencing to fix the errors related to how the sentences were to run. One member of the court dissented.

RE-2007-850

Post author:Staff
Post published:July 18, 2008
Post category:RE

In OCCA case No. RE-2007-850, Barbara Denise Sanders appealed her conviction for grand larceny and false declaration of ownership, as well as three counts of bail jumping. In an unpublished decision, the court decided to affirm the revocation of her suspended sentence for the grand larceny charge, but reversed the revocation of her bail jumping sentences, which means those were dismissed. One judge dissented. Barbara Sanders had pleaded guilty to her charges and received several sentences that were mostly suspended, meaning she wouldn't have to serve time if she followed certain rules. However, she did not follow these rules, which included not paying fees, failing to report to her probation officer, and leaving Oklahoma without permission. Because of these issues, the state tried to revoke her suspended sentences. At a hearing, Barbara admitted to the problems but argued the state had not acted quickly enough to bring her back to court for these issues. The judge did not agree with her and decided to revoke her sentences. On appeal, Barbara claimed that the state had not been diligent in prosecuting her case, and she also pointed out mistakes in the court's records. The court agreed that certain parts of her previous sentences had not been revoked properly and decided that the state had acted too late in one of her cases, which resulted in those charges being dismissed. In the end, the court kept the revocation for the grand larceny charge but said the revocation for the bail jumping charges was invalid because the state did not follow the rules in time.

S-2008-53

Post author:Staff
Post published:July 1, 2008
Post category:S

In OCCA case No. S-2008-53, the State of Oklahoma appealed the conviction for Child Abuse. In an unpublished decision, the court decided to affirm the earlier decisions, meaning they upheld the conclusion that there was not enough evidence to proceed with the trial against the defendant. One judge dissented in this case. The case was about a parent who was accused of child abuse after leaving her two children in a vehicle while she became unconscious. The court looked at whether the parent’s actions met the legal definition of child abuse. A special judge had already decided there wasn’t enough evidence to charge her, and when the State appealed that decision, the district judge agreed. When the case reached the Oklahoma Court of Criminal Appeals, the justices reviewed the earlier decisions. They listened to arguments from both sides and looked closely at the facts. They saw that the earlier judges had acted reasonably and hadn’t made any mistakes that would change the outcome. Therefore, they decided to keep the original ruling, which meant that the parent wouldn’t have to face trial for the charges brought against her.

F-2007-346

Post author:Staff
Post published:June 5, 2008
Post category:F

In OCCA case No. F-2007-346, Shawn Dion Reid appealed his conviction for various drug-related offenses including possession of methamphetamine and marijuana with intent to distribute. In a published decision, the court decided to affirm the termination of Reid from the Drug Court Program; however, it vacated the judgments and sentences imposed on certain counts that had been dismissed prior to his guilty pleas. One judge dissented.

RE-2007-323

Post author:Staff
Post published:May 23, 2008
Post category:RE

In OCCA case No. RE-2007-323, Durant appealed his conviction for the unlawful use of photographic equipment for lewd and lascivious purposes. In a published decision, the court decided to reverse the revocation of his suspended sentence. One judge dissented. To provide a bit more detail: Durant had entered a plea of no contest to a charge of second-degree rape in 2003 but received a suspended sentence. In 2005, he was charged with a new crime, which caused the state to seek to revoke his suspended sentence. After being convicted of the new offense in 2006, his suspended sentence was revoked in 2007. Durant argued that the law used to revoke his sentence was unconstitutional, that evidence against him was gathered illegally, and that there wasn't enough evidence for revocation. Later, in May 2008, the court reversed his conviction for the new crime, suggesting that his actions, though not acceptable, did not fit the legal definition of a crime. Because his suspended sentence was based only on that conviction, the court reversed the decision to revoke it.

F-2007-102

Post author:Staff
Post published:May 16, 2008
Post category:F

In OCCA case No. F-2007-102, #Hightower appealed his conviction for #forcible oral sodomy, resisting arrest, and indecent exposure. In a (published) decision, the court decided #to reverse the conviction for indecent exposure and remand for a new trial, while affirming the other convictions. #One dissented. Corey Antwonne Hightower was found guilty of three crimes. The first crime was for forcible oral sodomy, the second was for resisting arrest, and the third was for indecent exposure. The jury decided that Hightower should spend a total of eleven years and eight months in prison for the first two crimes and three years for the third. Hightower's team argued that his convictions for forcible oral sodomy and indecent exposure should not both count because they were too similar. They also said that the indecent exposure charge was wrong since the act wasn’t mentioned in the original court documents, and he didn't get a fair chance to defend himself. Finally, they claimed the judge didn’t properly tell the jury how to use the evidence of other crimes during the trial. After looking closely at everything presented in the case, the court decided that it was not fair to convict Hightower for the indecent exposure. They found that the original case wasn’t clear about which incidents occurred when, especially since the indecent exposure was thought to have happened on a different date than the other crimes. The judges agreed that Hightower should have another chance to defend himself for the indecent exposure charge. However, they said that the convictions for forcible oral sodomy and resisting arrest would remain. The court's decision was important because it showed that everyone has the right to know exactly what they are being charged with and that they need a fair chance to defend themselves in court.

S-2007-885

Post author:Staff
Post published:April 29, 2008
Post category:S

In OCCA case No. S-2007-885, the defendant appealed his conviction for Failure to Register as a Sex Offender. In an unpublished decision, the court decided to affirm the earlier decisions made by the lower courts. One judge dissented. The case started in the District Court of Tulsa County, where the defendant was accused of not registering as a sex offender. After looking at the evidence presented by the state, the special judge decided there was not enough evidence to go to trial. The state didn't agree and decided to appeal this decision, claiming that the lower courts made errors in their judgments. The main points raised in the appeal included whether there was enough evidence to charge the defendant, if the defense of being homeless should be considered, and if homelessness could excuse the defendant from registering as a sex offender. After listening to arguments and reviewing all the evidence and decisions made previously, the court found that the lower courts did not make mistakes. The judges agreed that there was not enough evidence to hold the defendant for trial and that the reasons given by the lower courts were valid. As a result, the court upheld the decisions of the lower judges and ruled that the defendant would not be tried for the charges brought against him. The final orders from the lower courts were affirmed, meaning that the case was closed without any changes.

F-2006-905

Post author:Staff
Post published:April 10, 2008
Post category:F

In OCCA case No. F-2006-905, Curtis Dale Gibson appealed his conviction for First Degree Rape, After Former Conviction of Two Felonies. In a published decision, the court decided to affirm the judgment of conviction but vacate the sentence and remand for resentencing. One judge dissented. Gibson was tried by a jury in Jackson County and found guilty of raping a victim. The jury sentenced him to thirty years in prison. Gibson raised several issues in his appeal, including whether he received a fair trial, due to certain evidence being allowed and comments made by the prosecutor. He also argued that he should have received an instruction about parole eligibility and that his prior suspended sentence for another crime should not have been discussed during the trial. The court looked at each point raised by Gibson. It found that the statements from the victim's sister, which claimed she had also been a victim of Gibson, were not hearsay and were admitted correctly. The prosecutor's comments during the trial were not seen as causing enough harm to reverse the decision. However, the court agreed that the jury should have been informed about the 85% rule regarding when Gibson could be eligible for parole, which was considered a mistake. As a result, the court affirmed Gibson's guilty verdict but changed his sentence, ordering that he be resentenced on account of this issue. The judges involved reached various conclusions, with one judge expressing disagreement with the decision to remand for resentencing.

C-2007-717

Post author:Staff
Post published:March 31, 2008
Post category:C

In OCCA case No. C-2007-717, Inez Lee Shaw appealed her conviction for multiple counts of knowingly concealing stolen property and possession of firearms after conviction. In an unpublished decision, the court decided to modify Shaw's sentence for one of the counts from ten years to five years but affirmed the judgments and sentences in all other respects. One judge dissented.

F-2006-1339

Post author:Staff
Post published:March 27, 2008
Post category:F

In OCCA case No. F-2006-1339, Robert Larue Jones appealed his conviction for robbery with a dangerous weapon after being previously convicted of two or more felonies. In an unpublished decision, the court decided that Jones's conviction should be reversed and that a retrial should take place with proper instructions. One judge dissented from this decision. Jones was found guilty by a jury and was sentenced to fifty years in prison. He raised several issues on appeal, including whether the evidence was enough to support his conviction, if the jury was properly instructed on his alibi defense, and if his sentence was too harsh. The court determined that the trial court made an error by refusing to allow Jones to offer an alibi defense. It was concluded that he should have been given an instruction regarding this defense because he presented enough evidence to support it. The court noted that the law states a defense should be given when there is sufficient evidence for the jury to consider. Due to the lack of an alibi instruction during the trial, the court found that this mistake was significant enough to require a new trial, where Jones could properly present his defense. The court reversed the previous judgment and ordered a new trial with the right legal instructions provided to the jury. The dissenting opinion argued that the trial court was correct in its decision and that any error in not giving the alibi instruction was not harmful to the overall case.

RE-2006-1322

Post author:Staff
Post published:March 18, 2008
Post category:RE

In OCCA case No. RE-2006-1322, a person appealed his conviction for First Degree Rape. In an unpublished decision, the court decided to reverse the District Court's revocation of his suspended sentence and instructed the District Court to vacate the sentence imposed. One judge dissented. The case began when the person entered a guilty plea in 2001 for First Degree Rape. He was originally sentenced to seven years in prison, with three years served and the rest suspended, meaning he would be on probation under certain conditions. In 2006, the state filed a motion to revoke his suspended sentence because he did not register as a sex offender, did not pay his probation fees, and did not pay fines. After a hearing, the court revoked his suspended sentence entirely. The person argued that his sentence was illegal because he was treated as a youthful offender, which is for younger people who commit crimes. He maintained that he should not have been sent to an adult prison. The court found that he had been correctly charged as a youthful offender and that the state did not follow proper procedures to change his status. The court also ruled that the lower court committed an error by sentencing him as an adult instead of as a youthful offender, which was against the law. Since he was now older, they could not send him back for new sentencing as a youthful offender, and the original sentence needed to be canceled. In summary, the appellate court acted to correct the mistakes made in the original sentencing, showing that legal procedures must be followed when sentencing individuals, especially those classified as youthful offenders.

M-2007-192

Post author:Staff
Post published:January 14, 2008
Post category:M

In OCCA case No. M-2007-192, the appellant appealed his conviction for three counts of Threatening by Telephone or Other Electronic Communication. In an unpublished decision, the court decided to reverse the conviction and instructed the lower court to dismiss the case. One judge dissented. The appellant, Robert Eugene Schwab, was found guilty by a jury in Creek County for sending threats through electronic communication. The jury decided his punishment would consist of a short jail time and fines. However, the case raised a significant legal question about whether the appellant's actions were considered a crime at the time he committed them. During the trial, it was discovered that the specific crime Schwab was convicted of was not defined as illegal when he sent the emails in question. After looking into this issue, the State acknowledged this error and agreed that the conviction should be reversed. The court decided that Schwab's actions did not fit into the law as it was understood at that earlier time, which led to the decision to dismiss the charges against him.

F-2006-469

Post author:Staff
Post published:December 13, 2007
Post category:F

In OCCA case No. F-2006-469, Ricky Dale Hester appealed his conviction for First Degree Murder, First Degree Arson, Conspiracy, Robbery with a Dangerous Weapon, and Kidnapping. In a published decision, the court affirmed his convictions on Counts 1, 2, 3, and 4, but reversed the conviction on Count 5 with instructions to dismiss. One judge dissented regarding the kidnapping conviction. Hester was found guilty after a series of serious crimes. The events began when he, along with co-defendant Carl Myers, targeted Richard Hooks. They lured Hooks to a vacant house under false pretenses, where they planned to rob him. Hooks was beaten, stabbed multiple times, and then his body was moved to a garage that was set on fire. The jury sentenced Hester to life in prison without parole for the murder, and significant prison terms for the other counts. During the trial, various pieces of evidence were presented, including confessions made by Hester. However, he raised concerns about certain jury instructions and the admission of evidence. Hester argued that a specific instruction given to the jury about co-conspirator liability was incorrect, as it could lead the jury to presume guilt simply because he was part of a conspiracy. The court found that the jury was properly instructed on the law, and that the evidence presented showed Hester's active involvement in the crimes. He also challenged the trial court’s failure to provide instructions regarding the need for corroboration of confessions and accomplice testimony. The court ruled that sufficient evidence supported Hester’s confessions and that any omission in instructions did not impact the trial's fairness. Hester claimed that the admission of statements made by his co-defendant during the conspiracy was improper and that his statements to his partner were protected by spousal privilege. The court disagreed, finding that the trial had properly handled those matters and that the evidence substantiating the crimes was strong. Despite Hester's arguments, the court determined that the evidence was enough to support the convictions for murder, arson, conspiracy, and robbery, finding he played a crucial role in the criminal acts committed. However, due to a lack of evidence showing an intent to extort while holding Hooks against his will, the kidnapping conviction was reversed. In the end, while Hester's more serious convictions were upheld, the court acknowledged flaws in the evidence related to the kidnapping charge, leading to that particular conviction being dismissed.

F-2007-269

Post author:Staff
Post published:December 4, 2007
Post category:F

In OCCA case No. F-2007-269, Victor Allen Martin appealed his conviction for several drug offenses, including possession of methamphetamine with intent to distribute. In an unpublished decision, the court decided to reverse one of Martin's convictions for possessing methamphetamine without affixing a tax stamp, as there was not enough evidence to support that charge. The court affirmed his other convictions and sentences, agreeing that the evidence was sufficient for them. One member of the court dissented.

F-2006-850

Post author:Staff
Post published:October 19, 2007
Post category:F

In OCCA case No. F-2006-850, Jeffrey Airehart appealed his conviction for drug-related offenses. In a published decision, the court decided to reverse his termination from the Drug Court program and instructed that he be reinstated. One judge dissented. Jeffrey Airehart was removed from a Drug Court program due to several positive drug tests. The judge had previously sanctioned him for these tests by imposing short jail terms. Airehart claimed that terminating him was unfair because he had already faced penalties for the same violations. He argued that this violated laws meant to protect individuals from being punished multiple times for the same issue, known as double jeopardy. The court agreed with Airehart's first argument, stating that the Drug Court system is designed to help individuals recover by allowing for relapses and providing a structured way to deal with them rather than terminating their participation after violations. Since Airehart had already been punished, the court ruled that it was not right to terminate him again for those same actions. Regarding his second argument, Airehart said that he did not get proper notice of the grounds for his termination, which made it hard for him to prepare his defense. The court found that while the State could consider his overall performance in the program to decide on termination, the specific terminations were based on violations for which he had been already punished. Therefore, the additional reasons the State brought up were not the basis for his termination. Ultimately, the court ordered that Airehart be reinstated to the Drug Court program and that previous jail sentences related to his termination be canceled, emphasizing the importance of encouraging rehabilitation rather than simply punishing individuals who struggle with addiction.

F-2006-854

Post author:Staff
Post published:September 13, 2007
Post category:F

In OCCA case No. F-2006-854, Delbert L. Gibson appealed his conviction for two counts of lewd molestation. In a published decision, the court decided to affirm his conviction but modified his sentence to twenty-five years imprisonment on each count, to be served concurrently. One judge dissented. Gibson was found guilty of sexually fondling two young girls, aged thirteen and eleven, in September 2002. During the incident, Gibson followed the older girl into a bedroom and began to fondle her. The younger girl was also fondled shortly after. The girls told their mother about the incident and reported it to the police. Gibson raised four main points of error during his appeal. The first claimed he did not receive a speedy trial. The court looked at how long he waited for the trial, why there was a delay, whether he asked for a quick trial, and if the delay harmed his case. Gibson was charged in November 2002 but was not arrested until March 2005, with the trial occurring in June 2006. The court found that even though the delay seemed long, Gibson did not complain about it before the trial, which hurt his argument. Therefore, the court believed he was not denied a speedy trial. Gibson's second point was about other-crimes evidence that was presented during his trial. The state brought up a past incident where Gibson had fondled a ten-year-old girl while working as a school photographer twenty years earlier. The court agreed that this evidence was probably not properly connected to the current case but felt it did not significantly impact the jury’s decision, especially since the two young girls provided strong testimonies. In his third point, Gibson argued the jury was incorrectly instructed on the penalties for his crimes. He believed that the law didn’t support a mandatory life sentence without parole based on the charges brought against him. The court analyzed the laws and determined that the proper penalties did not include mandatory life sentences, leading them to modify his sentence instead. Finally, Gibson claimed that all these problems together denied him a fair trial. Since the court found no major errors, the cumulative effect claim was also denied. Overall, the court upheld Gibson's conviction for molestation, but changed his sentence to a total of twenty-five years in prison instead of life without parole.