Sufficiency of Evidence Archives - Page 2 of 5

F-2018-596

Post author:Staff
Post published:May 30, 2019
Post category:F

This document is a summary opinion from the Oklahoma Court of Criminal Appeals related to the case of Worth Lerance Martin. The appellant, Martin, was convicted of two offenses in the District Court of Stephens County: Feloniously Pointing a Firearm and Possession of a Firearm After Conviction of a Felony. Following a bench trial, he was sentenced to twenty-five years in prison and a $1,500 fine for each count, with sentences to run concurrently. In his appeal, Martin argued that the twenty-five-year sentences were shockingly excessive. However, the Court reviewed the circumstances of the case, including Martin's violent behavior of pointing a pistol at another individual and using threatening language, which occurred without provocation. The Court noted that Martin presented no counter-evidence to challenge the victim's testimony or the State's evidence and did not dispute his criminal history, which was a factor in determining his sentence. Ultimately, the Court found that the imposed sentences were not shocking to the conscience, especially when considering the nature of the offenses and the fact that they were less severe than what the prosecutor requested. Consequently, the Court affirmed the judgment and sentence from the lower court. The decision signifies the Court's discretion in sentencing and highlights the weight of prior criminal history and the nature of the crimes committed when determining appropriate punishment. In conclusion, the judgment and sentence of the District Court of Stephens County is affirmed, and the Court ordered that the mandate be issued upon filing this decision.

F-2018-547

Post author:Staff
Post published:May 30, 2019
Post category:F

**Oklahoma Court of Criminal Appeals Summary Opinion: Carlos Antonio King v. State of Oklahoma** **Case No.:** F-2018-547 **Filed:** May 30, 2019 **Judges:** LUMPKIN, P.J., LEWIS, P.J., KUEHN, V.P.J., HUDSON, J., ROWLAND, J. **Facts of the Case:** Carlos Antonio King was convicted by a jury for Unlawful Possession of a Controlled Drug with Intent to Distribute (Methamphetamine and Marijuana) and Unlawful Possession of a Firearm After a Prior Felony Conviction in the District Court of Choctaw County. The jury sentenced him to 20 years each for the drug counts (concurrent) and 1 year in jail for the firearm count (consecutive). **Propositions of Error:** 1. Admission of other crimes evidence violated King's right to a fair trial. 2. Admission of evidence related to an alleged December 2015 buy and an existing arrest warrant violated his fair trial rights. 3. Evidence from an April 15 vehicle search should have been suppressed due to a violation of his Fourth Amendment rights. 4. Prosecutorial misconduct due to the premature publication of unadmitted photographs. 5. Cumulative errors denied him a fair trial. 6. Insufficient evidence to convict him for Possession with Intent to Distribute. **Court's Analysis and Decision:** 1. **Proposition One:** The court upheld the trial court’s decision to admit evidence of other crimes, determining it was relevant to prove knowledge and intent, affirming that it did not substantially outweigh its prejudicial effect. 2. **Proposition Two:** King’s argument regarding the December 2015 buy and arrest warrant was found forfeited due to lack of supporting argument or authority, hence denied. 3. **Proposition Three:** The court found that the search warrant adequately described the areas to be searched. The vehicle, parked on the premises described in the warrant, did not require an additional search warrant. No plain error was identified. 4. **Proposition Four:** While it was noted that the prosecutor used photographs in opening statements that hadn’t yet been admitted into evidence, this was not found to affect King's substantial rights, especially since the photographs were ultimately admitted without objection. 5. **Proposition Five:** The court denied the cumulative error claim, stating that no errors were identified during the trial. 6. **Proposition Six:** The court used the Jackson v. Virginia standard for evaluating the sufficiency of evidence, affirming that sufficient evidence existed that could lead a rational jury to conclude King's guilt beyond a reasonable doubt. **Conclusion:** The Oklahoma Court of Criminal Appeals affirmed the judgment and sentence of the District Court, finding no reversible errors in the trial proceedings. **Opinion by:** LUMPKIN, P.J. **Concurred by:** LEWIS, P.J.; KUEHN, V.P.J.; HUDSON, J.; ROWLAND, J. [Click Here To Download PDF](https://opinions.wirthlawoffice.com/wp-content/uploads/F-2018-547_1735318084.pdf)

F-2018-384

Post author:Staff
Post published:May 23, 2019
Post category:F

In OCCA case No. F-2018-384, Jimmy Dean Coke, Jr. appealed his conviction for Knowingly Concealing Stolen Property and Obstructing an Officer. In an unpublished decision, the court decided to affirm the Judgment and Sentence of the district court. One judge dissented. Jimmy Dean Coke, Jr. was convicted of two crimes. The first was knowing concealment of stolen property, and the second was obstructing an officer. The court sentenced him to twenty-five years for the first charge and one year for the second, and he also had to pay fines. Coke argued that the proof against him was not strong enough. He believed there was not enough evidence to convict him beyond a reasonable doubt for either charge. However, the court reviewed the evidence in a way that favored the state. This meant they looked for any reasonable way a jury could have found him guilty. They decided there was enough evidence to support both convictions. Coke also claimed the trial court didn’t tell the jury about the value of the stolen property, which he thought was a mistake. For a charge of concealing stolen property to be a felony, the property must be worth $1,000 or more. Although the judge did not instruct the jury about this value, they still found that the property was worth $1,500 based on testimony, so the court determined that the omission was harmless. Coke left the courthouse during the jury's deliberation. The jury reached a verdict, and he was not there. Coke argued that he had the right to be present during this critical time. The court decided that because Coke chose to leave, he waived his right to be there, and the judge acted correctly by continuing without him. Coke believed that the prosecutor’s arguments were unfair and made it hard for him to have a fair trial. They reviewed the claims of misconduct and found that some were not objected to during the trial; therefore, they could only check for obvious errors. The court found minimal misconduct and did not feel it affected his trial's fairness. He also felt that he was not treated fairly by the judge. However, the court believed the evidence did not show that the judge was biased against him. The decisions made during the trial were consistent with legal practices. Coke said the judge gave him fines even though the jury did not decide on fines. The court agreed that the judge could impose fines even if the jury did not because the law allows it. Coke claimed that his lawyer did not do a good job and that this hurt his chance for a fair trial. The court found that since there were no significant mistakes made, the claims for ineffective counsel did not hold. Coke lastly argued that even if no single mistake was significant enough to reverse the decision, the total of all mistakes could warrant a new trial. The court decided that since they did not find any errors, this claim was also denied. In conclusion, the court affirmed the original decision, meaning Coke would remain convicted and serve his sentences as decided by the original trial.

F-2018-119

Post author:Staff
Post published:May 23, 2019
Post category:F

In OCCA case No. F-2018-119, Arthur Tequon Hill, Jr. appealed his conviction for Robbery with a Firearm, Kidnapping, and Gang Association. In an unpublished decision, the court decided to affirm the judgment and sentence. No one dissented. Arthur Tequon Hill, Jr. was found guilty by a jury for several serious crimes. The jury decided he should go to prison for 25 years for robbery, 20 years for kidnapping, and 5 years for gang association. The court said he must serve these sentences one after the other. Hill made several arguments in his appeal. First, he suggested that there wasn’t enough evidence to support his conviction and that the case should be dismissed. However, the court found that there was enough evidence for a reasonable person to believe he was guilty, so this argument was rejected. Second, Hill argued that the court should not have allowed the jury to hear about other robberies he was involved in just days before this crime. The court ruled that this evidence was permissible because it showed similarities between the robberies and helped prove his identity in this case. Third, he claimed the court made a mistake by letting the jury separate after they finished hearing the case, which he said could lead to unfair influence. The State agreed this was an error but said it wasn't harmful. The court concluded the jurors followed instructions not to talk about the case while they were apart, so this did not harm Hill’s case. Lastly, Hill argued that evidence about his gang membership was presented in a way that was too unfair and made his trial less fair. The court disagreed and stated that the evidence was important to the case. They believed it helped confirm his involvement in the robbery. In the end, the court found no reasons to change Hill's conviction or punishment. The decision to affirm his sentencing was based on thorough review of all the points made in his appeal and the evidence presented during the trial.

F-2018-339

Post author:Staff
Post published:May 16, 2019
Post category:F

In OCCA case No. F-2018-339, Gary Julian Gallardo, Jr., appealed his conviction for Trafficking in Illegal Drugs (Methamphetamine) and Conspiracy to Commit Trafficking. In an unpublished decision, the court decided to affirm the judgment and sentence. One member of the court dissented. Gary Gallardo was found guilty of two serious crimes related to drugs. This happened in Jackson County. The jury decided to give him a very long sentence of 40 years in prison for each crime, and these sentences would happen one after the other. When Gallardo appealed, he pointed out a few reasons he believed he should not have been convicted. First, he claimed that the court did not have the right to try him in Jackson County because he believed the crime happened somewhere else. However, the court explained that the issue was actually about where the trial should be held, not whether the court had the power to judge the case. Next, Gallardo said there wasn't enough evidence to prove he was involved in the drug trafficking. The court disagreed after looking at all the evidence and decided that it was enough to show he was part of the crime, even though he was in prison at the time. Gallardo also thought that his trial wasn’t fair because the jury heard about other bad things he had done. The court said this evidence was important to understand his ability to carry out the crime in question. He raised concerns about the way the prosecutors behaved in court, but the court found that their actions did not make the trial unfair or wrong. Gallardo argued that the long sentences he received were too harsh but the court affirmed that his punishments were right given his previous criminal record. Lastly, Gallardo claimed that all the errors during the trial together made it unfair. The court stated that because they didn’t find any actual errors in the trial, there was no unfairness. In summary, the court upheld Gallardo's conviction and sentence, stating there was sufficient evidence, no unfair trial conditions, and that the sentences were appropriate based on his prior convictions.

F-2018-103

Post author:Staff
Post published:May 16, 2019
Post category:F

In OCCA case No. F-2018-103, the appellant appealed his conviction for manslaughter in the first degree, heat of passion. In an unpublished decision, the court decided to affirm the conviction. One judge dissented. David Wayne Ellis was charged with first degree murder, but the jury found him guilty of the lesser charge of manslaughter in the first degree. This happened after a trial in which the jury decided on a sentence of life imprisonment. The judge took into account the time Ellis had already served in jail. Ellis raised several issues in his appeal: 1. He argued that the State did not prove beyond a reasonable doubt that he was not acting in self-defense when he stabbed the victim. The court looked at the evidence and decided that the jury had enough information to find that Ellis was not acting in self-defense. The court noted that Ellis had confronted the victim with a knife and had made threats, showing he was the aggressor. 2. Ellis claimed that the prosecutor made a mistake by calling the decedent's death a murder during the trial. He believed this was wrong because it was up to the jury to decide on the nature of the death. However, the court found that since the jury had been instructed correctly and had not convicted him of murder but rather manslaughter, this was not a mistake that would affect the trial's fairness. 3. Ellis argued that he did not receive effective legal help during the trial. The court considered this argument but found that his lawyer’s performance did not fall below what is acceptable. Moreover, since there was no error established in the previous points of appeal, this claim also failed. 4. Finally, he objected to the admission of a photograph of the decedent that he felt was unfairly prejudicial. The court determined that the photo was allowed under the law because it provided context about the victim and was relevant to the trial. They did not find any error in allowing it. Overall, the court affirmed the conviction and determined that there were no significant mistakes made during the trial that would change the outcome.

F-2017-1247

Post author:Staff
Post published:May 16, 2019
Post category:F

In OCCA case No. F-2017-1247, Michael Wesley Watters appealed his conviction for Child Abuse by Injury and Misdemeanor Domestic Assault and Battery in the Presence of a Minor. In an unpublished decision, the court decided to affirm the district court's order to accelerate Watters' deferred judgment and sentencing. There was one dissenting opinion. Watters had entered a plea of no contest for his charges and was given a deferred judgment. This meant that if he followed the rules for a certain period, he would not have to serve time. However, the state claimed that he violated the terms of his deferred sentence, which led to this appeal. The court examined various issues presented by Watters regarding his case, including whether there was enough evidence for his probation violation, if the judge used proper evidence to make decisions, and if he received fair representation from his lawyer. The court found that the state's evidence, which included testimony from Watters' former spouse, was sufficient to show that he had violated a protective order. It also decided that while some issues regarding how jail costs were calculated were raised, these issues were moot because earlier court rulings had already addressed them. Watters argued that he did not get a fair hearing because of the prosecutor's behavior and that his lawyer did not do a good job representing him. However, the court felt that any mistakes made by his lawyer did not affect the outcome of the case significantly. Watters claimed his sentence was too harsh, but the court explained that questions about the length of a sentence in this situation need to be addressed in a different kind of appeal, not this one. Ultimately, the court found no significant errors in the proceedings and affirmed the decision to accelerate Watters' sentencing, meaning he was required to serve his time in prison.

M-2018-212

Post author:Staff
Post published:May 9, 2019
Post category:M

**COURT OF CRIMINAL APPEALS OF THE STATE OF OKLAHOMA** **Rodney Eugene Smith, Appellant,** **v.** **The State of Oklahoma, Appellee.** **Case No. M-2018-212** **Filed May 9, 2019** **Summary Opinion** **Presiding Judge: Lewis** **Judgment and Sentence Affirmed** **Facts:** Rodney Eugene Smith appeals his conviction for Domestic Assault and Battery, a misdemeanor. The incident occurred on May 29, 2017, when Alexis Perkins alleged that Smith struck her. Witness Bridgett Downum testified to witnessing Smith slap Perkins during a heated argument at Downum's residence. The jury convicted Smith, resulting in a one-year county jail sentence and a $5,000.00 fine. **Propositions of Error:** 1. **Insufficient Evidence of Dating Relationship:** Smith argues that the State failed to prove he was in a dating relationship with Perkins. The court found Perkins' testimony about their living and sexual relationship sufficient for a jury to reasonably conclude a dating relationship existed. 2. **Intent to Injury:** Smith contends the State did not prove he acted with intent to injure. The court found that his actions during the confrontation demonstrated sufficient intent to do harm, as viewed in light most favorable to the State. 3. **Failure to Instruct on Lesser Included Offense:** The court found no error in failing to instruct on simple assault and battery because the evidence supported the charge of domestic assault and battery. Smith's claims about the dating relationship were rejected. 4. **Self-Defense Instruction Denied:** The trial court did not abuse its discretion in refusing Smith's self-defense instructions, as the evidence did not support his claim of self-defense. 5. **Jury Instructions on Specific Crime:** Smith's claim that the jury instructions were improper was denied as he did not object at trial, and the instructions sufficiently defined the offense. 6. **Insufficient Information:** The court ruled the Information provided adequate notice to Smith regarding the charges against him, as it included essential details about the crime. 7. **Cumulative Prosecutorial Misconduct:** Smith's claims of prosecutorial misconduct were rejected as the comments did not fundamentally undermine his trial's fairness. 8. **Improper Lay Opinion Testimony:** Downum's opinion testimony was not objected to at trial and, assuming it was improper, did not constitute plain error. 9. **Ineffective Assistance of Counsel:** Smith's trial counsel's performance did not result in prejudice, and he failed to show how the outcome would have differed had the objections been raised. 10. **Cumulative Errors:** The cumulative nature of alleged errors did not affect the trial outcome, and therefore, no relief is warranted. **Conclusion:** The court affirmed the judgment and sentence, concluding that Smith received a fair trial despite the raised propositions. **Opinion by: Lewis, P.J.** **Concurrences:** Kuehn, V.P.J.; Lumpkin, J.; Hudson, J.; Rowland, J.

F-2017-825

Post author:Staff
Post published:May 9, 2019
Post category:F

In OCCA case No. F-2017-825, Ryan Paul Farr appealed his conviction for burglary in the second degree and possession of a firearm. In an unpublished decision, the court decided to affirm the convictions and sentences. There was one dissenting opinion. The case began when Farr was found guilty by a jury in Carter County. He faced two counts: one for burglary after having previous convictions, and another for having a firearm despite also having previous convictions. The jury decided that he should serve 25 years for the burglary and 15 years for the firearm possession, and the sentences were ordered to be served one after the other. Farr raised many complaints in his appeal, mentioning problems he believed occurred during the trial. He argued that the trial court made mistakes when it allowed the case to be reopened for more witness testimony and that he did not get a fair trial due to evidence of other crimes being presented. He also expressed concern about the prosecutor’s comments, which he thought made it seem like he was guilty before the jury could decide. The court looked closely at each of Farr's points. For the first complaint, the court said that letting the State present more witness testimony was a reasonable choice and didn’t hurt Farr's case. About the evidence of other crimes, the court noted that Farr didn’t object at the time these details were shared, which meant he couldn’t complain later. Farr also had issues with how his prior convictions were brought up during the trial, but the court found no major errors there either. When it came to the prosecutor’s behavior, the court decided that while the prosecutor made some points during arguments, they did not sway the trial's fairness. Farr's claims about not having enough evidence supporting his burglary and firearm possession were rejected since the court believed the evidence presented was sufficient to prove his guilt. Lastly, although Farr thought his sentences were too long, the court reminded him that sentences are usually left to the discretion of the judge unless they are extremely unfair, which in this case they weren’t. Because the court found no errors in the trial process, they confirmed the decision made in the lower court. In conclusion, the court affirmed the judgment and sentence against Farr, stating that all of his arguments were without merit.

F-2017-1285

Post author:Staff
Post published:May 2, 2019
Post category:F

In OCCA case No. F-2017-1285, Isaac Avila appealed his conviction for multiple counts of kidnapping, possession of a firearm during the commission of a felony, and resisting an officer. In an unpublished decision, the court decided to affirm his convictions and sentences. One judge dissented. Isaac Avila was found guilty by a jury for kidnapping his estranged wife and his own children, along with possessing a firearm during these events and resisting an officer. The jury gave him various sentences, including a total of 50 years in prison for the kidnappings and other convictions. Avila argued that his convictions for kidnapping his children were not valid since he believed he had the right to be with them as their parent. He also claimed there wasn’t enough evidence to convict him for these crimes. The court examined the law and the evidence. They found that, while parents do have rights, Avila acted in a way that was not allowed by law when he took his children. The court also decided that the evidence was sufficient to support his convictions, meaning it was strong enough for a reasonable person to believe he was guilty. Avila further argued that the jury should have been told about the defense of consent, which is when someone allows an action to happen, and that his lawyer didn’t do a good job helping him. However, the court ruled that the trial instructions were adequate and that his lawyer's performance did not harm his case. Lastly, Avila thought his sentences were too harsh. The court agreed that, while they were serious, they were reasonable given the facts of the case. Overall, the court upheld Avila's convictions and sentences, deciding that he had received a fair trial and that the evidence against him was strong enough to support the jury's decisions.

F-2017-147

Post author:Staff
Post published:April 25, 2019
Post category:F

**IN THE COURT OF CRIMINAL APPEALS OF THE STATE OF OKLAHOMA** **BRIAN A. STALEY, Appellant,** **Case No. F-2017-147** **V.** **STATE OF OKLAHOMA, Appellee.** **FILED IN COURT OF CRIMINAL APPEALS STATE OF OKLAHOMA APR 25 2019** **SUMMARY OPINION** **JOHN D. HADDEN, JUDGE:** Appellant Brian A. Staley was convicted in Caddo County District Court for various drug-related offenses and possession of a firearm. He appealed, raising eleven propositions of error. **Propositions of Error:** 1. Denial of motion to suppress evidence from a warrantless search. 2. Admission of evidence concerning other controlled substances. 3. Conviction for an uncharged offense. 4. Insufficient evidence on acquiring proceeds from drug activity. 5. Insufficient evidence linking firearms to trafficking. 6. Prejudicial statements by a state trooper. 7. Improper prosecutorial arguments. 8. Insufficient evidence of knowing possession of marijuana. 9. Improper admission of irrelevant handwriting evidence. 10. Cumulative effect of errors denying a fair trial. 11. Excessive sentences. **Court Decision:** After reviewing the record, the Court affirmed Staley's convictions. **Key Findings:** - **Proposition I:** The traffic stop and subsequent consent to search were lawful, thus the motion to suppress was denied. - **Proposition II:** The evidence of other controlled substances was admissible as res gestae; hence, no abuse of discretion in its admission. - **Proposition III:** Any scrivener's error in statute citation for Count 2 did not affect substantial rights and was denied plain error review. - **Propositions IV, V, and VIII:** The evidence was sufficient for a conviction on all counts when viewed favorably to the prosecution. - **Propositions VI and VII:** Claims of evidentiary harassment and improper argument did not impede a fair trial; the trial court’s admonishments mitigated any potential prejudice. - **Proposition IX:** The handwritten note was relevant and supported the themes of trafficking and possession designed by the prosecution. - **Proposition X:** Cumulative error doctrine was not applicable as no significant errors occurred that affected the outcome. - **Proposition XI:** The sentences did not shock the conscience and were not excessive in light of the offenses committed. **Opinion of the Court:** The Judgment and Sentence of the District Court is AFFIRMED. --- **APPEARANCES:** - **For Appellant:** Albert Hoch, Norman, OK - **For Appellee:** Alan Rosenbaum, Caddo County District Attorney; Mike Hunter, Attorney General of Oklahoma; William R. Holmes, Assistant Attorney General, Oklahoma City, OK **Opinion by:** Hudson, J. **Concurrences:** Lewis, P.J.; Kuehn, V.P.J. (concurring in part/dissenting in part); Lumpkin, J.; Rowland, J. **Concurring/Dissenting Opinion by Kuehn, V.P.J.:** While I agree with the majority on other claims, I dissent regarding the admission of evidence about extraneous controlled substances and the handwritten notes. I believe such evidence was improperly admitted and could have imparted an unfair prejudice. Nonetheless, this evidence did not materially affect the trial's outcome. For a detailed opinion and further reading, access the [full opinion here](https://opinions.wirthlawoffice.com/wp-content/uploads/F-2017-147_1734273240.pdf).

F-2018-617

Post author:Staff
Post published:April 25, 2019
Post category:F

This document is a summary opinion from the Oklahoma Court of Criminal Appeals regarding the case of Douglas Edward Scott. Scott was convicted of Domestic Assault and Battery by Strangulation and Petit Larceny in a non-jury trial and was sentenced to eight years in prison for the first charge and six months in county jail for the second, with both sentences running concurrently. ### Key Points from the Opinion: 1. **Proposition I - Sufficiency of Evidence**: - Scott challenged the sufficiency of the evidence for his domestic assault conviction. - The court reviewed the evidence favorably toward the prosecution and concluded that a rational trier of fact could have found him guilty beyond a reasonable doubt. - The trial court rejected Scott's claim of innocence, and the court affirmed that there was sufficient evidence to support the conviction. 2. **Proposition II - Sentence Excessiveness**: - Scott argued that his eight-year sentence was excessive. - The court noted that the sentence was within the statutory range and considered the facts of the case. - The court determined that the sentence did not shock its conscience and denied the proposition of excessive sentencing. ### Conclusion: - The court affirmed Scott's judgment and sentence, denying both of his propositions of error. - The mandate for the decision was ordered upon the delivery and filing of the opinion. ### Representations: - The trial representation included Charles Michael Thompson for the appellant and Richard Smothermon as the District Attorney for the State. - The opinion was written by Judge Lumpkin, with all other judges concurring. For more detailed information or legal context, you can download the full PDF of the opinion [here](https://opinions.wirthlawoffice.com/wp-content/uploads/F-2018-617_1735229379.pdf).

F-2017-758

Post author:Staff
Post published:February 7, 2019
Post category:F

In OCCA case No. F-2017-758, Shawn Conrad Freeman appealed his conviction for multiple serious crimes, including Kidnapping, Forcible Sodomy, Rape in the First Degree, and Robbery in the First Degree. In an unpublished decision, the court decided to affirm the judgment and sentence of the District Court. The court did, however, instruct the District Court to correct a clerical error regarding the fine for one of the robbery counts. Freeman was tried by jury and was found guilty on multiple counts involving four separate women. The jury sentenced him to long prison terms and significant fines. The trial court followed the jury's recommendations for sentencing. Freeman raised several arguments on appeal. He argued that having multiple convictions for crimes like Kidnapping, Rape, and Forcible Sodomy at once was unfair and violated laws against double punishment. However, the court found that the crimes were separate and showed that each act occurred at different times, meaning he could be punished for all of them. He also claimed that trying all fourteen counts together was wrong because it might have led the jury to convict him based on the total evidence rather than on proof for each individual charge. The court determined that the offenses were connected enough to be tried together and that no error occurred. Another point of contention was that one of the victims couldn't testify in court, and the jury was allowed to hear her previously recorded testimony instead. The court upheld this decision, stating that Freeman had previously had the chance to question her during an earlier hearing. Freeman argued that the evidence was not enough to support his robbery conviction. The court disagreed, stating that the evidence clearly showed he unlawfully took property from a victim. He raised questions about misconduct by the prosecutor, ineffective assistance of counsel, and that his sentences were too harsh. The court found no evidence to support his claims of improper actions or ineffective counsel. It ruled that his sentences were not excessively severe given the nature of the crimes he was convicted for. Finally, Freeman claimed that the combined issues during the trial denied him a fair trial. However, the court noted that it found no individual errors that would warrant a new trial. In conclusion, the court affirmed Freeman's convictions and sentences but ordered a correction to a minor error in the judgment regarding the fine imposed for one count of robbery. There was a dissenting opinion from one of the judges.

F-2017-602

Post author:Staff
Post published:December 13, 2018
Post category:F

In OCCA case No. F-2017-602, Kenneth Donald Knox appealed his conviction for Child Abuse by Injury. In a published decision, the court decided to affirm Knox’s conviction and twenty-five-year prison sentence, but they modified the period of post-imprisonment supervision from three years to one year. One justice dissented. Knox was found guilty by a jury in Tulsa County for causing injuries to a four-month-old baby. The jury decided that he should spend twenty-five years in prison for this crime. Knox thought his lawyer didn’t help him properly, said there wasn’t enough proof for the conviction, and argued that the extra year of supervision after prison was not allowed by law. The court looked closely at all the facts and evidence in his case. They explained that to prove a lawyer didn’t do a good job, Knox had to show that it hurt his chances of winning the case. The court found that Knox didn’t provide enough proof to support his argument about his lawyer’s effectiveness. When it came to the conviction, the court reviewed whether there was enough evidence against Knox. They decided that there was enough proof to show that Knox harmed the baby. Lastly, about the extra supervision time after prison, they agreed that Knox should only have to do one year instead of three, as the law supports a shorter period in his case. In summary, Knox's conviction was upheld, he was given a long prison sentence, and the court changed the rules about his supervision time after he’s released.

F-2017-762

Post author:Staff
Post published:November 18, 2018
Post category:F

In OCCA case No. F-2017-762, Kendell Paul Sparrow appealed his conviction for Murder in the First Degree (Malice Aforethought). In a published decision, the court decided to affirm the Judgment and Sentence of the district court, sentencing him to life imprisonment with the possibility of parole. One judge dissented. Sparrow was convicted of a serious crime, and his appeal included two main issues. First, he argued that the trial should not have included the preliminary hearing testimony of a witness because he believed it went against his right to confront witnesses. Second, he contended that there was not enough evidence to support his conviction for murder. During the trial, the court allowed a witness’s earlier testimony to be used because that witness was unavailable to testify in person. Sparrow challenged this, claiming it violated his constitutional rights. However, the court found no error because the State had made reasonable efforts to bring the witness to trial. The court also determined that Sparrow had a chance to question the witness during the preliminary hearing. Therefore, the admission of the testimony was upheld. As for the evidence presented against Sparrow, the court examined whether the State proved he was guilty of murder. The law requires that to convict someone of first-degree murder, it must be shown they unlawfully caused the death of another with intent or malice. The court looked at all the evidence in favor of the State and concluded that reasonable jurors could find Sparrow guilty beyond a reasonable doubt. Ultimately, the court decided that Sparrow's appeal did not provide grounds for reversing his conviction. Therefore, the original sentence of life imprisonment was affirmed.

F-2015-937

Post author:Staff
Post published:December 7, 2017
Post category:F

In OCCA case No. F-2015-937, Isaiah Jamil Walker appealed his conviction for first-degree felony murder, robbery, burglary, and possession of a firearm. In an unpublished decision, the court decided to affirm his convictions for first-degree felony murder, robbery, and possession of a firearm, but reversed the burglary conviction with instructions to dismiss. One member dissented. The case involved a jury trial where Walker was convicted of serious crimes after the jury found him guilty of all charges against him. The jury recommended severe penalties, including life imprisonment for the murder charge and additional years for the other charges. Walker raised multiple issues on appeal, claiming that the evidence was not strong enough to support his convictions and that his rights were violated during the trial. The court reviewed each of Walker's arguments carefully. It found that there was enough evidence to support his conviction for felony murder because the facts of the case showed he committed a burglary that led to the murder. They also believed the testimony from witnesses was sufficient to corroborate the co-defendants' accounts of the crimes. However, the court agreed with Walker's argument regarding double jeopardy. Since his felony murder charge was based on the burglary charge, convicting him of both was legally incorrect. Therefore, the burglary conviction was reversed and dismissed. In terms of the other claims Walker made, the court denied them, explaining that the trial was conducted fairly and following legal standards. The court mentioned that for some issues, like failing to instruct the jury on lesser offenses, Walker had not requested those instructions at his trial, so he could not raise that problem on appeal. Overall, the court concluded that most of Walker's convictions were valid and decided to uphold them while correcting the double jeopardy issue by dismissing the burglary charge.

F-2016-997

Post author:Staff
Post published:December 2, 2017
Post category:F

In the case of Jimmie Lee Lovell, the Oklahoma Court of Criminal Appeals reviewed his convictions for First Degree Manslaughter and Driving Under the Influence. Lovell challenged the trial court's denial of his motion to suppress blood test results, arguing he was not given an opportunity for independent testing as required by statute. The court affirmed the trial court's decision, finding no abuse of discretion, since Lovell did not request a sample for independent testing during the proper timeframe. Additionally, Lovell argued that the jury’s verdicts—guilty of First Degree Manslaughter and not guilty of Negligent Homicide—were inconsistent. The appeals court found that no objection had been raised regarding the verdict at trial, and therefore reviewed for plain error, concluding there was no actual error affecting his rights, as the jury’s intent was clear. The court noted a variance between the jury’s recommended punishment in Count II (Ten days and a $1,000 fine) and the subsequent sentence (one year in jail). The case was remanded for correction of this discrepancy. Overall, the court affirmed the judgment and sentence in Count I, affirmed the judgment in Count II, and ordered the trial court to correct the Judgment and Sentence in Count II in accordance with the jury's recommendation.

F-2016-179

Post author:Staff
Post published:August 17, 2017
Post category:F

In OCCA case No. F-2016-179, John Stanton Lewis appealed his conviction for possession of a controlled dangerous substance and other related offenses. In an unpublished decision, the court decided to affirm Lewis's convictions for three counts and modify his conviction for one count from a felony to a misdemeanor, resulting in a shorter sentence. One judge dissented. Lewis was convicted in a district court for several counts involving drugs and a firearm. The jury sentenced him to different terms, including 15 years for possession of methamphetamine after previous felonies, 2 years for firearm possession, 4 years for marijuana possession, and 90 days for drug paraphernalia. The court made these sentences consecutive and gave him credit for time served. Lewis raised four main arguments on appeal: 1. **Illegal Search**: He argued that evidence against him should not have been used because it was obtained through an illegal search. The court found that the initial entry into his mobile home by law enforcement was legal since it was during a fire incident and they were investigating. Therefore, this argument was denied. 2. **Jury Instructions**: Lewis contended that the jury was not properly instructed on the possible punishments for his offenses, particularly about the enhancement of his charges due to prior convictions. The court agreed that there was a plain error concerning the instruction for the marijuana possession charge, modifying it to reflect a misdemeanor instead of a felony. His sentence for that charge was reduced from four years to one year. 3. **Evidence for Firearm Charge**: He claimed the evidence was insufficient to convict him for possession of a firearm because the state did not prove the firearm he had was capable of firing. The court found that it is not necessary to prove whether the gun could fire for a conviction under the law, so this argument was denied. 4. **Ineffective Counsel**: Lewis argued that his lawyer did not do a good job representing him. The court noted that proving ineffective counsel requires showing that the lawyer's mistakes affected the outcome of the trial. Lewis couldn't prove his lawyer was ineffective in this case because the range of punishment given was correct, and therefore, this claim was denied. Ultimately, the court affirmed the convictions for several charges, but modified the marijuana possession conviction to reflect a misdemeanor resulting in a shorter sentence. The judgments overall were mostly upheld.

F-2016-82

Post author:Staff
Post published:April 27, 2017
Post category:F

In OCCA case No. F-2016-82, Angel Marie Proctor appealed her conviction for First Degree Murder, Kidnapping, and Assault and Battery with a Deadly Weapon. In a published decision, the court decided to reverse and remand the kidnapping conviction with instructions to dismiss, while affirming the other convictions. One judge dissented.

JS-2016-1062

Post author:Staff
Post published:March 3, 2017
Post category:JS

In OCCA case No. JS-2016-1062, Z.N. appealed his conviction for First Degree Burglary. In a published decision, the court decided to affirm the lower court's ruling that granted Z.N. certification as a juvenile. The State had claimed that the judge made a mistake in allowing Z.N. to be treated as a juvenile. However, the court found that the judge's decision was reasonable given the evidence and factors surrounding the case. The ruling included considerations of the nature of the crime, Z.N.'s background, and the potential for rehabilitation. No judge dissented.

F-2016-30

Post author:Staff
Post published:January 19, 2017
Post category:F

In OCCA case No. F-2016-30, Ladarius Burnell Kelly appealed his conviction for robbery with a firearm and assault with a dangerous weapon. In an unpublished decision, the court decided to affirm his convictions but modified the fines associated with the charges. One judge dissented regarding the change in fines. Ladarius Burnell Kelly was charged and found guilty by a jury for committing robbery with a firearm and assault with a dangerous weapon. He received a punishment of 18 years in prison along with a $2,500 fine for the robbery and 2 years in prison with a $2,500 fine for the assault. The sentences were to be served one after the other. Kelly appealed, raising several issues. First, he argued that the witnesses who identified him were not reliable, which he believed violated his rights. However, the court found that the methods used for identification were not overly suggestive and did not mislead the jury. Therefore, his claim was denied. Next, Kelly challenged the evidence presented against him for the assault charge. The court looked at the evidence favorably for the prosecution and determined there was enough proof to support the conviction. The testimony showed that Kelly had threatened to shoot a victim, which the jury could reasonably interpret as an intent to harm, so this argument was also denied. He also argued that he had not received a fair trial due to prosecutorial misconduct. However, the court found that any alleged missteps by the prosecutor didn't significantly impact the fairness of the trial. Because of this, this claim was denied as well. Importantly, Kelly had a point regarding the fines. The court found that the jury was wrongly instructed about the mandatory fines for the charges. They decided to correct this by changing the fine for the assault count to $0 and reducing the fine for the robbery charge to $2,000. Kelly also believed that his lawyer did not do their job effectively, but the court ruled that his claims did not show that the outcome of the trial would have changed if his lawyer had acted differently. In summary, the court upheld Kelly's convictions and changed the financial penalties, showing that while he did not win the major points of his appeal, he was granted some relief on the fines imposed.

F 2015-738

Post author:Staff
Post published:August 8, 2016
Post category:F

In OCCA case No. F 2015-738, Richard Jerrel Jackson appealed his conviction for multiple drug-related offenses and driving with a suspended license. In an unpublished decision, the court decided to reverse and dismiss some of the charges while affirming the rest of the conviction. One judge dissented. Jackson was found guilty of possessing methamphetamine, marijuana, alprazolam, drug paraphernalia, and driving with a suspended license. His sentences included life imprisonment for the methamphetamine conviction and varying years for the other charges, all to be served consecutively. Jackson raised several arguments on appeal, mainly focusing on claims of double jeopardy, ineffective counsel, and evidence errors. The court found that it was wrong for Jackson to be convicted of possession of three drugs when they were all found together. The State agreed that this violated the rules against double punishment, leading to a reversal of the convictions related to the marijuana and alprazolam. For the other claims, including the effectiveness of Jackson's lawyer and various evidentiary issues, the court ruled largely in favor of the trial's findings, concluding that Jackson had not demonstrated any substantial harm or errors that affected his conviction significantly. This included affirming the use of prior felony convictions for sentencing enhancements and the handling of evidence during the trial. In summary, while the court dismissed two of the charges against Jackson, it upheld the others and determined that there were no significant errors in how the trial was conducted. The judges agreed on most aspects of the case, with one judge expressing a differing opinion on some points.

F-2015-457

Post author:Staff
Post published:July 20, 2016
Post category:F

In OCCA case No. F-2015-457, Christopher Wayne Goldman appealed his conviction for First Degree Rape, Rape by Instrumentation, Forcible Sodomy, and Incest. In a published decision, the court affirmed the convictions for the first three counts but reversed and dismissed the conviction for Incest. One member of the court dissented. Goldman was found guilty of serious crimes related to sexual offenses against his niece. The jury recommended prison sentences that ran together for counts related to rape, sodomy, and separately for the count of incest. Goldman raised several issues in his appeal. He argued that there wasn’t enough evidence to prove his guilt for some charges, that unfair evidence was presented, that the prosecutor acted improperly, and that he did not receive adequate help from his attorney during the trial. The court agreed that the incest conviction should be reversed because it was based on the same act as the rape, which is not allowed by law. This meant Goldman was improperly punished for two things for doing one act, which is unfair. However, the court found sufficient evidence to support the convictions for First Degree Rape and Forcible Sodomy, stating that a jury could reasonably decide he was guilty based on the evidence presented. Goldman's claims about the prosecution and defense lawyer's conduct were reviewed, but the court found that the lawyers acted within their rights. The evidence of Goldman’s behavior after he was accused, which included uncomfortable actions in a police room, was allowed in the trial since it showed his possible guilt. In conclusion, while Goldman did not get relief for all his claims, the court recognized an important mistake about the incest charge and fixed it by not allowing that conviction to stand.

F-2014-764

Post author:Staff
Post published:April 5, 2016
Post category:F

In OCCA case No. F-2014-764, Hawks appealed her conviction for Murder in the First Degree, Burglary in the First Degree, and two counts of Kidnapping. In an unpublished decision, the court decided to reverse and remand Count I, which was the murder conviction, but affirmed Counts II, III, and IV, which were the burglary and kidnapping convictions. One judge dissented on the reversal of the murder conviction. Hawks was accused of being involved in serious crimes, including murder, along with two other co-defendants. After being found guilty by a jury, Hawks was sentenced to a long prison term, with the murder sentence being life imprisonment. Hawks argued that the evidence against her was weak, claiming she didn’t participate in the crimes or know about them beforehand. She believed the jury wasn't given a fair chance to make their decision because the prosecution made mistakes in explaining the law regarding aiding and abetting. Aiding and abetting means that someone helped or supported a crime, even if they weren't the main person committing it. For Hawks to be found guilty, the evidence needed to show she had some knowledge or intent to support the crimes of her co-defendants, which involved planning and executing the murder and kidnappings. However, the court found that there were major issues with how the prosecutors explained the law, which misled the jury. The judges agreed that the jury may not have properly understood the law because the prosecutor repeatedly misstated it, even if the jury was given the correct instructions. As a result, the court agreed to give Hawks a new trial for the murder charge. For the kidnapping and burglary charges, the evidence seemed sufficient to support the jury’s verdict, so those were upheld. In conclusion, while Hawks' murder conviction was reversed for a new trial due to errors in how the law was presented to the jury, her other convictions were confirmed as valid. One judge disagreed with reversing the murder conviction, believing that the verdict was just and the evidence against Hawks clear.

F-2014-942

Post author:Staff
Post published:February 4, 2016
Post category:F

In OCCA case No. F-2014-942, Eric Josiah Mardis appealed his conviction for Lewd Acts With a Child Under Sixteen and Engaging in a Pattern of Criminal Offenses in Two or More Counties. In a published decision, the court decided to affirm his convictions but modify his sentences. Two judges dissented regarding the sentence modification. Mardis was found guilty by a jury for multiple counts of lewd acts against a child and received very harsh sentences of 100 years for each of the first five counts and 2 years for the last count, which were to be served one after the other. He questioned the fairness of his trial by stating that the prosecution used information from his mental health records improperly. The court found that while the trial had some errors, they did not significantly harm the fairness of the trial regarding his guilt. However, these errors did affect how the jury decided on his punishment, leading to a modification of those sentences. In his appeal, Mardis raised several concerns, including that his long sentences were cruel and unusual since he was a minor when he committed the offenses. The court noted that he was not given a sentence of life without parole and would have a chance for parole after serving part of his sentence. This meant he had an opportunity for early release based on his behavior and rehabilitation. Mardis also questioned whether there was enough evidence to support his convictions and claimed that his right to confront witnesses was violated when the testimony of a physician’s associate was allowed. The court rejected these claims, finding that there was sufficient evidence to support the jury's decision and that the use of some statements for medical diagnosis purposes did not violate his rights. In summary, his convictions were upheld, but due to the mistakes made during the trial, Mardis's sentences were reduced to 50 years each for the first five counts. This means he would serve a total of 52 years with the last count included. The final decision reflected the need for a fair process while recognizing the severe nature of the crimes committed. Mardis's appeal was partially successful, leading to a lesser punishment than initially given, which was seen as a fair outcome given the legal issues at hand.