Strategic Decisions Archives

C-2016-40

Post author:Staff
Post published:February 9, 2017
Post category:C

In OCCA case No. C-2016-40, Deandre Lashawn Henderson appealed his conviction for assault with a dangerous weapon and possession of a firearm after a former conviction of a felony. In a published decision, the court decided to grant part of his appeal. The court affirmed the convictions for Counts 1 and 5, but reversed and vacated the judgments for Counts 2 through 4. One justice dissented. The case began when Henderson entered a negotiated Alford plea, which means he maintained his innocence but accepted the plea for the sake of a more favorable sentence. He was sentenced to twenty years for the assault counts and ten years for the possession count, all to be served concurrently, meaning at the same time. Later, Henderson wanted to withdraw his plea. He claimed that his plea was not made knowingly, intelligently, or voluntarily. He also said that he did not receive effective help from his lawyer and that the trial court should have appointed a different lawyer due to a conflict of interest. During the appeal, the court looked closely at whether Henderson's plea was made voluntarily and if the district court had the authority to accept it. The court found that Henderson's plea was indeed voluntary because he knew the charges and the consequences. His choice to accept the plea was motivated by a desire to reduce his overall prison time, especially given the evidence against him. However, the court agreed that Henderson's lawyer should have argued that some of the charges violated the double jeopardy clause, which means he shouldn't be punished multiple times for the same act. The court found that the counts for assault stemmed from the same event and that it was wrong to punish him multiple times for it. Therefore, while verifying his conviction for some counts, the court ruled that the counts of conviction for assault with a dangerous weapon were not valid as they violated his rights. This decision meant that Henderson would not have to serve time for those three convictions but would still be sentenced for the other charges. Overall, the court upheld some aspects of the conviction but also corrected parts that were not handled properly.

F-2014-286

Post author:Staff
Post published:March 24, 2015
Post category:F

In OCCA case No. F-2014-286, Ketcher appealed his conviction for eluding a police officer after two or more felonies. In an unpublished decision, the court decided to affirm the conviction and sentence but vacated the $5000 fine associated with the felony offense. One judge dissented. Ketcher was found guilty by a jury on several counts, including eluding police, leaving the scene of an accident, driving without a license, and having improper vehicle equipment. He was sentenced to a total of thirty years in prison and received various fines based on his convictions. The main point of his appeal was about the eluding charge, where he argued that the evidence was not strong enough to show he endangered others while trying to escape the police. The court reviewed the case and found that the evidence, including video footage, demonstrated that Ketcher did endanger others. He ran stop signs and drove very fast through neighborhoods, even close to pedestrians. Therefore, the court felt that a reasonable person could find him guilty of the charge beyond doubt. Ketcher also argued that the trial court should have instructed the jury about a lesser charge for eluding. However, the court stated that the evidence did not support this request, so they denied it. Additionally, the court acknowledged a mistake in how the jury was told about fines for the felony eluding charge. It should have been clear that the jury had the choice to impose a fine rather than it being mandatory. Because of this, they removed the $5000 fine from Ketcher's sentence. Regarding other claims of unfairness during the trial, the court found no serious problems that damaged Ketcher’s right to a fair trial. They noted that much of what the prosecutor said during the trial was based on evidence presented. Ketcher also claimed his attorney did not do a good job, but since the court found no serious errors during the trial, they did not agree with this claim. The final decision by the court was to uphold the prison sentences but to remove the fine, allowing them to issue their final ruling without more delays.