Statutory Elements Archives

RE-2014-96

Post author:Staff
Post published:June 2, 2015
Post category:RE

In OCCA case No. RE-2014-96, Blackwell appealed his conviction for Child Abuse. In a published decision, the court decided to affirm the revocation of Blackwell's suspended sentence but remanded the case to determine whether Blackwell is entitled to credit for time served as a Youthful Offender. One member of the court dissented. Blackwell was charged with First Degree Rape but later pleaded guilty to Child Abuse, and his sentence was delayed for five years on probation. After violating several terms of his probation, the state requested to revoke his suspended sentence. Blackwell claimed that the court did not have the right to revoke his sentence because he argued he was a youthful offender and that his adult conviction was improper. The court explained that the appeal focused on if the revocation was valid rather than the underlying conviction's correctness. Blackwell’s claims related to his conviction need to be addressed through a different legal process, not this appeal. The court also pointed out that issues about the correctness of laws mentioned in the documents were not within their authority to correct in this appeal. Additionally, Blackwell argued that his entire sentence revocation was too harsh. However, the court mentioned that breaking even a single probation rule is enough to revoke the suspended sentence. Finally, Blackwell maintained he should get credit for the days he spent under juvenile custody, and the court agreed to look into this matter further, sending the case back for clarification on this issue. They affirmed the revocation overall but allowed for the investigation into how much credit Blackwell should receive.

F-2011-1047

Post author:Staff
Post published:February 25, 2013
Post category:F

In OCCA case No. F-2011-1047, Melvin Edward Dan appealed his conviction for robbery with a dangerous weapon, burglary in the first degree, and possession of a firearm after previous juvenile adjudication for a felony. In an unpublished decision, the court decided to affirm the convictions for robbery and burglary, but reverse the conviction for possession of a firearm. One judge dissented.

S-2011-774

Post author:Staff
Post published:February 15, 2012
Post category:S

In OCCA case No. S-2011-774, the State of Oklahoma appealed the decision regarding the conviction of DeJear. In a published decision, the court decided to affirm the previous ruling, which found there was not enough evidence to prove that DeJear was under the supervision of the Department of Corrections, making the charges not applicable. One judge dissented from this opinion.

C-2010-260

Post author:Staff
Post published:July 20, 2011
Post category:C

In OCCA case No. C-2010-260, the petitioner appealed his conviction for ten counts of child sexual abuse. In an unpublished decision, the court decided to grant the petitioner’s request for a remand for a new hearing with conflict-free counsel. The case focused on whether the petitioner’s guilty plea was entered knowingly and intelligently, particularly regarding the requirement that he be a person responsible for the child's health, safety, or welfare. One judge dissented, arguing that the majority's discussion on the plea's validity was unnecessary and constituted advisory dicta.

F-2008-1087

Post author:Staff
Post published:January 27, 2010
Post category:F

In OCCA case No. F-2008-1087, Mitchell Dewayne Baker appealed his conviction for First Degree Rape and Domestic Assault and Battery by Strangulation. In an unpublished decision, the court decided to affirm the conviction but vacated the order for restitution, remanding the case to the district court for a proper determination of the victim's loss. One judge dissented. Baker was found guilty by a jury and was sentenced to ten years in prison for each offense, with the sentences ordered to run consecutively. The trial court also required him to pay restitution. Baker raised several issues in his appeal, claiming that the court had made errors during the trial process. One major issue was about the restitution ordered by the trial court, which Baker argued lacked factual support. The court acknowledged that the trial judge has discretion in deciding restitution, but determined that the record did not provide enough information to support the amount that was initially ordered. Therefore, while the conviction stood, the restitution order was removed, and the case was sent back to determine the correct restitution amount. Baker also challenged the prosecution’s use of evidence from his past crimes, saying it was unfairly used to paint him as a bad person. The court ruled that this evidence was allowed to help show that Baker’s explanation of how the victim got hurt was not credible. This was because his past behavior was relevant to his defense. Another point raised by Baker dealt with how the prosecutor questioned witnesses about their feelings during and after the incidents. The court said this questioning was relevant to establish the elements needed to prove the charges against Baker. They found no error in how this evidence was presented as it was crucial to the prosecution's case. Lastly, Baker pointed to some statements made by the prosecutor regarding the burden of proof. The court found that any mistakes were not serious enough to affect the fairness of the trial, as the jury was correctly informed about the burden of proof at several points. Overall, while the court upheld Baker's convictions, they took issue with the restitution ordered and directed that it be reassessed to ensure a fair determination.

F 2004-1238

Post author:Staff
Post published:March 3, 2006
Post category:F

In OCCA case No. F 2004-1238, James Alan Wade appealed his conviction for Embezzlement of Rented Property. In an unpublished decision, the court decided to reverse the conviction and remand the case with instructions to dismiss. One judge dissented. Mr. Wade was found guilty by a jury of embezzling a rented car and was sentenced to twenty years in prison. He appealed this conviction, raising several arguments. He claimed there wasn't enough evidence to prove his prior felony convictions and that his sentence was too harsh. He also argued that his lawyer didn’t do enough to protect his rights during the trial. The court looked closely at whether there was enough proof that Mr. Wade had committed the crime he was accused of. One key point was whether the car he rented was valued correctly according to the law. The court found that the prosecution didn't provide evidence proving the car's value was over $1,000, which is necessary for the embezzlement charge. Because of this lack of evidence, the court decided that Mr. Wade should not have been convicted and ordered that the case be dismissed. The dissenting judge, however, thought that there was enough evidence for the jury to make their decision and believed the conviction should be upheld.