F-2017-153

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In OCCA case No. F-2017-153, Crawley appealed his conviction for First Degree Felony Murder, Felony Eluding, Second Degree Burglary, and Possession of Burglary Tools. In an unpublished decision, the court decided that the exclusion of key evidence violated Crawley's right to a fair trial, leading to the reversal of his convictions for Counts 1 and 2. A judge dissented.

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F 2012-1131

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In OCCA case No. F 2012-1131, Antonio Herman Cervantes appealed his conviction for sixty-nine counts of child sexual abuse and one count of child physical abuse. In an unpublished decision, the court decided to affirm the judgment and sentence of the district court while ordering the correction of the sentencing documentation. One judge dissented. Cervantes was found guilty of serious crimes against children and received a significant prison sentence of forty years for each count. The court decided that some counts would be served concurrently, while others would be served consecutively. This meant that Cervantes would spend a long time in prison before being eligible for parole. Cervantes raised several issues in his appeal. First, he argued that the jury instructions at his trial were not correct, but the court found that these instructions were adequate since there were no objections made at the trial. Therefore, the court only looked for plain errors and did not find any. Next, Cervantes claimed that many of his convictions should not have happened because they involved double punishment for the same act. However, the court disagreed, stating that the evidence showed these were separate acts that could be considered individual offenses. Cervantes also thought that the trial judge did not treat him fairly. Yet, since there were no objections to any of the judge's comments during the trial, the court reviewed these comments and concluded that they did not show bias against Cervantes. He further claimed that he was denied a speedy trial. The court reviewed the reasons for trial delays, noting that they mostly stemmed from issues with his defense attorneys and were not caused by the state. The court decided that the delays were not a violation of his rights because he did not demonstrate how he was prejudiced by the wait. Cervantes also argued that there were mistakes in how his previous convictions were presented during the trial, but he did not raise objections when the evidence was introduced, so the court did not find any reversible error. Another point he raised was that the written judgment did not match what was said in court regarding his sentence. The court agreed that his sentencing documents needed to be corrected to reflect the proper orders given during the trial. Cervantes also suggested that his lawyer did not provide effective assistance because he failed to complain about certain aspects during the trial. However, the court found that there was no evidence of how this alleged absence of support affected the outcome of his case. He also noted instances of what he thought was misconduct by the prosecution but concluded that overall, he was not denied a fair trial due to these points. The court found that his sentences were appropriate and did not see any major errors that would warrant changing its earlier decisions. Finally, the court ruled that there was no cumulative effect of errors since no individual error was found to be significant enough to affect the fairness of the trial. Thus, the court affirmed the conviction while ordering the necessary corrections in the documentation of the sentence.

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F-2007-993

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In OCCA case No. F-2007-993, the appellant appealed his conviction for First Degree Rape and Rape by Instrumentation. In a published decision, the court decided that the failure of defense counsel to call the appellant to testify, after promising the jury he would, constituted ineffective assistance of counsel, which significantly impacted the trial's fairness. The court also found that the admission of other-crimes evidence related to previous molestation was improperly admitted and prejudicial. Because of these reasons, the appellant was granted a new trial. One judge dissented, arguing that the decision to not testify was the appellant's choice and did not affect the trial's outcome.

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C-2001-341

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In OCCA case No. C-2001-341, Terrell Dwayne Gurley appealed his conviction for multiple crimes, including robbery with a firearm, kidnapping, burglary, larceny of an automobile, possession of a firearm after felony conviction, forcible entry, and attempting to intimidate a witness. In a published decision, the court decided to reverse Gurley's conviction for one of the charges, burglary in the first degree, and ordered that this count be dismissed. The court upheld the remaining convictions and found Gurley's sentences were not excessive. One judge dissented, arguing that the laws applied in the case should be reconsidered regarding the relationship between the crimes committed.

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F-1999-1422

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In OCCA case No. F-99-1422, Crider appealed his conviction for Murder in the First Degree. In an unpublished decision, the court decided to reverse and remand the case for a new trial. One judge dissented. Crider was found guilty of killing his 12-year-old stepdaughter, Crystal Dittmeyer, after she went missing in 1996. In trial, the evidence against him included blood found in their home and in his car, as well as a patterned injury on Crider's arm that was argued to be a bite mark from Crystal. The prosecution claimed Crider transported her body in a garment bag and disposed of it. Crider raised several issues in his appeal, including concerns about the reliability of expert testimony that suggested the bite mark on his arm could have come from Crystal. The court found that the expert methods used were not scientifically reliable and did not help the jury understand the evidence. This issue alone warranted a reversal of the conviction. Additionally, the court identified errors in admitting evidence related to luminol tests, which suggested the presence of blood in Crider's car but later tests were inconclusive. The admission of testimony related to a rural area where Crystal's body was not found was also seen as prejudicial and misleading. Overall, the court determined that the combination of these errors negatively impacted Crider's right to a fair trial. The ruling emphasized the need for reliable and helpful expert evidence in criminal trials, especially in cases involving serious allegations like murder. The court called for a new trial to ensure Crider received a fair hearing.

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