State of Oklahoma

F-2014-452

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In OCCA case No. F-2014-452, Roderick Leandrew Jackson appealed his conviction for various crimes, including knowingly concealing stolen property and drug-related offenses. In a published decision, the court decided to reverse the termination of his participation in the Drug Court program. The state also agreed that the termination was a mistake. Jackson had previously been sanctioned for his violations, and since there was no new evidence of violations presented at the hearing, he was reinstated in the Drug Court program. One judge dissented.

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J-2015-353

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In OCCA case No. J-2015-353, E.A.F. appealed his conviction for robbery and attempted robbery. In a published decision, the court decided to reverse the order to sentence E.A.F. as an adult and instructed for a new hearing to be held before a different judge, only after a psychological evaluation was completed. Two judges dissented.

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RE 2014-0777

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In OCCA case No. RE 2014-0777, Rogelio Solis, Jr. appealed his conviction for Domestic Abuse - Assault and Battery. In an unpublished decision, the court decided to affirm the order revoking his suspended sentence but found merit in his argument regarding post-imprisonment supervision and remanded the case to modify that part. One judge dissented.

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S-2014-812

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In OCCA case No. S-2014-812, the State of Oklahoma appealed the conviction of Adam Clayton Zilm for Sexual Abuse of a Minor. In an unpublished decision, the court decided to affirm the ruling of the District Court that suppressed certain child hearsay statements. One judge dissented. The case started when Adam Clayton Zilm was charged with sexually abusing a minor in Tulsa County. Before the trial began, there was a hearing to determine if the statements made by the child victim, K.A., could be used as evidence in the trial. During this Reliability Hearing, the child made statements to a forensic interviewer and a neighbor about the alleged abuse. However, K.A. later testified that she had not been abused and said she had been influenced to make claims about the abuse. The State argued that the trial court was wrong to suppress the child’s statements because they believed the statements should have been allowed to support the case against Zilm. The court had to decide if these hearsay statements were trustworthy to be presented at trial. According to Oklahoma law, a child’s hearsay statements can be used if the court finds them to be reliable based on several factors. The trial court decided that K.A.'s statements to the forensic interviewer and neighbor were not reliable enough. They allowed K.A. to give her testimony because it was necessary to determine if her earlier statements could be trusted. The court found inconsistencies in her testimony compared to her earlier claims, which made the hearsay statements questionable. The appellate court upheld the trial court's decision, stating that they did not abuse their discretion by suppressing the hearsay statements from the child victim. They believed the trial court made the right choice by considering the total context around the statements. Meanwhile, one judge disagreed. This judge felt that the earlier statements made by K.A. should still be considered admissible. They argued that the trial court focused too much on K.A.'s later testimony, which could have been influenced and not truly reflected what had happened earlier. Overall, the court decided that the suppression of the hearsay evidence was appropriate, allowing the earlier ruling to stand and ensuring that K.A.'s inconsistent statements were not used in the trial against Adam Clayton Zilm.

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RE 2014-0536

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In OCCA case No. RE 2014-0536, Matthew Carl Eddings appealed his conviction for Possession of a Controlled Substance and Driving Under the Influence of Drugs. In a published decision, the court decided to affirm the revocation of Eddings' suspended sentence. One judge dissented. Eddings was originally given a deferred sentence with rules for probation and fines for his crimes. However, over the years, he struggled to meet the conditions of his probation, which included paying fines and child support. The state moved to revoke his sentence because of these issues. When the court reviewed Eddings' case, they found enough evidence to support the revocation. Eddings had not made required payments for over a year and had not shown a good faith effort to comply with the rules. The court also noted that since there were new facts presented during the latest revocation hearing, the principle of res judicata, which prevents re-judging the same issue, did not apply. However, there was an issue identified with an added requirement for supervision after imprisonment. The court agreed that the requirement for one year of supervision after his sentence was not appropriate, as new laws did not apply to his case. In conclusion, while Eddings’ suspended sentence was revoked, the court ordered that the requirement for post-imprisonment supervision be removed.

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S-2014-759

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In OCCA case No. S-2014-759, #x appealed his conviction for #y. In an unpublished decision, the court decided to affirm the lower court’s dismissal of the case. #n dissented. In this case, the State of Oklahoma charged Chad Allan Lunsford with serious drug crimes. The police found a large amount of methamphetamine and other drug-related items in a car after they stopped the driver for a traffic violation. The driver, Gloria Caffey, was arrested, and Lunsford was also taken into custody after the police found the drugs. Lunsford said the case should be thrown out because the State didn’t prove that he owned or knew about the drugs. He argued that just being in the car wasn’t enough to show that he controlled the drugs. The judge in the district court agreed with Lunsford and dismissed the case, saying there wasn’t enough evidence to show that he had control over the drugs. The court explained that just being near drugs doesn’t mean someone is guilty. There has to be more proof, showing that the person really knew the drugs were there and had control over them. For example, in this case, the drugs were found in a bottle with Caffey's name on it, and she admitted they were hers. Also, there was no clear evidence that Lunsford was trying to hide anything, and he didn’t try to run away when he could. When the State appealed the judge’s decision, the higher court looked at the facts carefully. They reviewed whether the lower court made a mistake in its decision. The higher court found that the lower court was correct in dismissing the case because they didn’t have the right evidence to show Lunsford was guilty. Thus, they agreed to keep the lower court's dismissal. However, one judge did not agree with the decision. This dissenting judge thought that the trial court made a mistake by not considering some evidence that could connect Lunsford to the drugs. They felt that there were enough signs showing Lunsford might have had knowledge and control over the drugs, and the matters should have been decided by a jury. Ultimately, the court upheld the lower court's decision to dismiss the case against Lunsford, agreeing that the evidence wasn’t strong enough to prove he was guilty of the drug charges.

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RE-2014-575

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In OCCA case No. RE-2014-575, Jason Duane Barnes appealed his conviction for violating his probation. In an unpublished decision, the court decided to reverse the decision to revoke his suspended sentences. The judges noted that the evidence was not enough to support the revocation because the prosecution failed to show that the judgment related to his new crime was final. One judge dissented.

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F-2014-889

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In OCCA case No. F-2014-889, Klayton Jordan Kitchens appealed his conviction for possession of controlled dangerous substances, specifically methamphetamine and marijuana, as well as unlawful possession of drug paraphernalia. In an unpublished decision, the court decided to reverse one of the convictions related to marijuana possession but affirmed the other convictions. The events leading to the case began when the police served a search warrant at Kitchens' home in Lawton, Oklahoma, and found methamphetamine and marijuana. They initially found meth but returned later with a new warrant, where they found both drugs and drug paraphernalia in his room. Kitchens argued that having two convictions for possession of different controlled substances violated the law against double jeopardy, which means a person cannot be punished for the same offense twice. The court agreed, stating that both drugs were found as part of one act—meaning one violation of the law. Therefore, he should not have been punished twice for the two different drugs since they were found in the same piece of furniture. On the other hand, Kitchens also argued that the judge made a mistake by making his sentences run consecutively, rather than concurrently. The court disagreed, saying that it was within the judge's authority to decide how the sentences should be served, and there wasn't enough reason to change this decision. In summary, the court reversed the conviction for possession of marijuana since it felt that Kitchens should not be punished twice for the same action, but it upheld the decision on the other drug offenses. The case was sent back to the lower court just for that change.

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C 2014-693

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In OCCA case No. C 2014-693, a person appealed his conviction for child neglect. In an unpublished decision, the court decided to allow him to withdraw his no contest plea due to receiving bad advice from his attorney, which made his plea not knowing and voluntary. One judge dissented.

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S-2013-510

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In OCCA case No. S-2013-509 and S-2013-510, two individuals appealed their convictions for first-degree murder. In an unpublished decision, the court decided to affirm the dismissal of the charges against them based on their claim of immunity under the Stand Your Ground law. The court found that the appeal by the State of Oklahoma was not authorized to challenge the dismissal order. One judge dissented.

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S-2013-509

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In OCCA case No. S-2013-509, Julio Juarez Ramos and Isidro Juarez Ramos appealed their convictions for first-degree murder. In a published decision, the court decided to affirm the district court's ruling granting the Appellees immunity from prosecution under Oklahoma's Stand Your Ground law. #1 dissented.

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RE 2014-0706

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In OCCA case No. RE 2014-0706, Sean Eddie Howland appealed his conviction for possessing a stolen vehicle and obstructing an officer. In a published decision, the court decided to reverse the revocation of Howland's suspended sentence and remanded the case to the District Court with instructions to dismiss. One judge dissented. Howland had pled guilty to the charges in 2009 and was given a suspended sentence that included time in jail and fines. He was supposed to follow rules while on probation. However, the State accused him of not staying in touch with his probation officer after he got out of prison in New Mexico. In 2011, Howland admitted to the allegations, and the judge gave him more time to comply with the probation rules. When Howland didn't show up for a review hearing later, the judge revoked his suspended sentence in 2014. Howland then argued that he didn’t get good help from his lawyer during the revocation process and that the delays were unfair. The State also admitted that the delays hurt Howland's case. After looking at everything, the court agreed with Howland and decided to reverse the revocation. The case was sent back to the lower court to dismiss the revocation.

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RE-2014-248

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In OCCA case No. RE-2014-248, Harvell appealed his conviction for violating conditions of probation related to drug possession. In an unpublished decision, the court decided to reverse the lower court's order that sentenced him to prison. The court concluded that the District Court lost its authority to revoke his suspended sentence when the state asked to dismiss the motion. Judge Smith dissented.

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RE-2014-238

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In OCCA case No. RE-2014-238, the appellant appealed his conviction for possession of a controlled substance within the presence of a minor child, driving a motor vehicle while under the influence of drugs, unlawful possession of drug paraphernalia, and failure to carry an insurance verification form. In an unpublished decision, the court decided to affirm the revocation of his suspended sentence but vacated the one year of post-imprisonment supervision. One judge dissented.

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M-2014-235

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In OCCA case No. M-2014-235, Donald Wayne Farino appealed his conviction for Obtaining Cash By False Pretenses and Petit Larceny. In a published decision, the court decided to reverse his convictions and send the case back for a new trial. No one dissented.

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S-2014-786

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In OCCA case No. S-2014-786, the State of Oklahoma appealed the conviction of Douglas Raymond Norwood for misdemeanor possession of marijuana. In an unpublished decision, the court decided to affirm the lower court's ruling, which dismissed the felony charge that the State had brought against him. The court also accepted Norwood's guilty plea for the misdemeanor charge. One judge dissented. The case began when the State charged Norwood with felony possession of marijuana because he had three prior convictions related to drug offenses. Norwood argued that because his past convictions were not from the specific law under which the State was trying to charge him this time, his current charge should be treated as a misdemeanor instead of a felony. The trial court agreed with Norwood and dismissed the felony charge, allowing him to plead guilty to the lesser charge. The State then appealed, but the court explained that its ability to appeal was limited by law. They could only do so in specific situations, one of which is if there has been a dismissal that prevents further prosecution. The court indicated that the trial court had correctly dismissed the felony charge because the law only allows such enhancements to felony charges when a person has previous convictions specifically under that law. The court referred to a similar earlier case, showing that they had already decided against the State in a comparable situation. They reaffirmed that in order to enhance a charge to a felony, the previous convictions must originate from the same specific law, which was not the case for Norwood. In conclusion, the court upheld the decision of the lower court to dismiss the felony charge and accepted Norwood's guilty plea for misdemeanor possession. Thus, the appeal was rejected, and the original ruling was confirmed, with one judge explaining why he disagreed with the outcome.

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F-2013-1199

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In OCCA case No. F-2013-1199, Gene Douglas Graham appealed his conviction for lewd molestation. In a published decision, the court decided to reverse his conviction and order a new trial. One judge dissented. Gene Douglas Graham was found guilty by a jury for lewd molestation, which is against the law. The jury decided that he should spend twenty-five years in prison. However, the judge took some time off his sentence and said he would only have to serve thirteen years and pay a fine. During the trial, Gene's arguments for appeal included that there wasn't enough evidence to prove he did something wrong, that he couldn't present a defense, and that he didn’t get a fair trial. Specifically, he said the judge made a mistake by not letting him talk about an eviction notice he received, which he thought was important to show that he knew about the accusations before he made a statement to the police. The court decided that the judge had made a mistake by not allowing Gene to talk about the eviction notice and that it was important for his defense. They believed that not being able to mention it could have affected the jury's decision. Even though the State had a strong case, the jury was still confused because they found him not guilty on two other counts related to the same victim. The judge also mentioned that talking about Gene's right to stay silent when the police questioned him was wrong and should not have happened. Gene’s lawyer didn’t object to this at the trial, so it complicated the case. However, since they found other problems, they reversed the conviction and decided he needed a new trial. In the end, the court agreed that Gene had not been treated fairly during his trial, leading them to reverse the decision and start over. This means they felt important evidence was wrongfully kept out and that he was not given a fair chance to defend himself.

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RE-2013-1177

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In OCCA case No. RE-2013-1177, Ford appealed his conviction for Domestic Assault and Battery by Strangulation. In a published decision, the court decided to affirm the revocation of his suspended sentence but vacate the sentencing portion, ordering that a new sentencing order not exceed the original sentence. No one dissented.

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SR-2013-1187

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In OCCA case No. SR-2013-1187, the State appealed the conviction of Carson for lewd molestation. In an unpublished decision, the court decided to affirm the district court's ruling. One judge dissented. Carson was charged with six counts of lewd molestation. A jury found him not guilty on three charges and couldn’t make a decision on the other three, which are still unresolved. The appeal centered around whether the district court made the right call when allowing evidence about past sexual abuse involving a different perpetrator. The State argued that this evidence should not have been allowed under a law known as the Rape Shield statute, designed to protect victims by limiting the introduction of their past sexual behavior. The district court, however, let the defense question the victim about these other incidents. The State believed this was a mistake and wanted the court to review the evidence ruling. However, the court decided not to do so. They trust the trial court's judgment on these matters unless there is clear proof of a mistake. The court said the State did not show that the trial court made an error in allowing the evidence. In summary, the OCCA upheld the decision made by the district court, ruling that they acted within their rights, and the case for Carson was allowed to stand as it was.

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M-2013-918

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In OCCA case No. M-2013-918, the appellant appealed his conviction for direct contempt of court. In a published decision, the court decided to reverse and remand the case for further proceedings. One judge dissented, stating that while the court's warning was correct, the error in not allowing the appellant a chance to be heard was harmless because the appellant's sentence was later reduced.

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C-2014-124

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In OCCA case No. C-2014-124, Roach appealed her conviction for three counts of Child Neglect. In a published decision, the court decided to grant her petition to withdraw her guilty plea and remanded the case for a new evidentiary hearing with conflict-free counsel. One judge dissented.

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RE-2013-939

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In OCCA case No. RE-2013-939, Quinton Blake Richardson appealed his conviction for larceny of merchandise from a retailer. In an unpublished decision, the court decided to reverse the order that revoked a part of his suspended sentence based on a conflict of interest involving his attorney. One judge dissented. Mr. Richardson had originally entered a guilty plea to stealing items worth over $500 from a Wal-Mart and was sentenced to seven years of imprisonment, which was suspended under probation. However, he later faced a motion to revoke his suspended sentence. This motion claimed he violated his probation with new charges in Kansas for threatening and hitting a person, as well as failing drug tests. During the revocation hearing, Mr. Richardson's attorney had previously represented the victim in his case, which created a conflict of interest. The victim testified against Mr. Richardson, and the court judged that this situation affected how well Mr. Richardson was defended. The court emphasized that if a lawyer has a conflict of interest that harms their representation, the defendant may have their case overturned. Therefore, since the court believed Mr. Richardson did not get the fair help he needed because of the attorney's former relationship with the victim, they decided to reverse the revocation of his sentence and sent the case back for further proceedings. Additionally, the court found that other issues raised by Mr. Richardson about paperwork errors were not necessary to address further because of the main reversal decision. Overall, this case highlighted the importance of fair legal representation and how conflicts of interest can lead to wrong decisions in court.

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F-2013-994

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In OCCA case No. F-2013-994, Horace Joe Bigmedicine appealed his conviction for First Degree Burglary, After Former Conviction of Two or More Felonies. In an unpublished decision, the court decided to affirm the Judgment and Sentence of the district court but vacated the order of restitution. One judge dissented. Bigmedicine was found guilty in a trial held in Blaine County and was sentenced to thirty years in prison. He raised two main issues in his appeal. First, he argued that misconduct by the prosecutor unfairly influenced the trial. The court stated that it would only grant relief for prosecutorial misconduct if it was very serious and made the trial unfair. The court found the prosecutor's comments were appropriate and did not make the trial unfair, so they did not grant relief on that issue. Second, Bigmedicine claimed that the court did not properly follow the rules when it ordered him to pay $2,000 in restitution. The court pointed out that Bigmedicine did not object to the restitution at the time, so he could not challenge it later unless there was a serious mistake. The law allows a trial court to require a defendant to pay restitution for the victim's financial losses, but these losses must be proven with reasonable certainty. In Bigmedicine’s case, the evidence about the victim’s financial loss was lacking because the victim did not testify about it, and the necessary documents were not presented in court. Therefore, the court ruled that the restitution order was arbitrary and that it had to be canceled. Ultimately, the court affirmed Bigmedicine's conviction but required that the issue of restitution be looked at again in the lower court to make sure it was handled correctly.

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RE 2013-0885

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In OCCA case No. RE 2013-0885, Lela Mae Goodwin appealed her conviction for violation of her probation due to several reasons, including drug use and not attending treatment. In an unpublished decision, the court decided to uphold the revocation of her suspended sentences but ordered the district court to remove a part that imposed post-imprisonment supervision. One judge dissented.

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C-2013-730

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In OCCA case No. C-2013-730, Mon'tre Brown appealed his conviction for First Degree Felony Murder, First Degree Burglary, and Attempted Robbery. In an unpublished decision, the court decided to reverse the denial of his motion to withdraw his guilty plea and remand the case to the District Court. The dissenting opinion argued against the majority's decision. Mon'tre Brown was given several charges, including serious ones like murder and burglary. He pleaded guilty to all counts in April 2013 but later wanted to change his plea, claiming he didn’t understand what he was doing due to his mental condition. The trial court denied his request, leading to this appeal. During the initial plea hearing, there were concerns about Mon'tre's mental competency because of his low IQ, which was reported as around 65. His attorney was aware of his learning disabilities, but they appeared not to conduct a thorough investigation into his mental health before allowing him to plead guilty. Mon'tre claimed he felt pressured to plead guilty because his counsel had said he couldn’t win the case. At a later hearing, Mon'tre's family and mental health professionals testified that he struggle to understand the legal concepts involved in his case, which raised questions about his ability to make informed decisions. Some of the professionals stated he didn’t have a clear understanding of what his guilty plea meant or the consequences of waiving his right to trial. The court found that the attorney had not adequately assessed Mon'tre's competence or sought further evaluations that could have supported his claim of mental retardation. It decided that his attorney's failure to investigate his mental condition and present sufficient evidence during the plea process was ineffective assistance of counsel. Ultimately, the court believed that there’s a reasonable chance that had adequate evidence of Mon'tre's mental condition been presented early, it may have changed the outcome of his guilty plea. Thus, they ruled in favor of allowing Mon'tre to withdraw his guilty plea and directed for conflict-free counsel to represent him in further proceedings.

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