Testimony

PC 2006-0638

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In OCCA case No. PC 2006-0638, the petitioner appealed his conviction for manufacturing a controlled dangerous substance, possession of counterfeit bills, and larceny by fraud. In an unpublished decision, the court decided to reverse the lower court's denial of post-conviction relief and ordered a new trial due to ineffective assistance of counsel. One judge dissented. The petitioner had previously been convicted by a jury and sentenced to prison along with fines. After the conviction, the petitioner argued that his trial and appellate lawyers did not perform effectively. He contended that many mistakes were made during his trial, impacting the fairness of his case. The trial court found that the petitioner's attorney did not challenge the way his statement to the police was obtained, which was a significant part of the evidence used against him. The lawyer also failed to ask for important jury instructions and did not properly raise issues on appeal. The trial court agreed that the lawyer made many mistakes, but initially decided that these mistakes did not change the outcome of the case. However, upon review, the appellate court determined that the mistakes made by the lawyer were so serious that they undermined confidence in the trial's outcome. This meant that the petitioner did not get a fair trial, violating his rights. The decision was reversed, and the case was sent back to the lower court for a new trial. This case highlights the importance of having effective legal representation, as mistakes made by lawyers can lead to wrongful convictions or unfair trials.

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S-2005-1067

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In OCCA case No. S-2005-1067, one person appealed his conviction for Shooting with Intent to Kill, Kidnapping, and Assault and Battery. In an unpublished decision, the court decided to affirm the trial court's ruling that denied the State's request to use the transcript of a witness's preliminary hearing testimony during the trial. One judge dissented. The case involved Deangelo Favors and another person who were charged with serious crimes. During the preliminary hearing, a key witness, Roberta Verner, testified, but another potential witness, Lesha Huggins, was not allowed to testify even though the defense wanted to present her testimony, claiming it would prove Verner lied about the crimes. The judge decided that Verner was unavailable for the trial, which meant her earlier statements could not be used unless the defense had a chance to fully question her and present their case. The judge believed that not allowing Huggins to testify took away the defense's opportunity to question Verner properly. The State wanted to appeal the decision, saying it was wrong to not allow them to use Verner’s testimony. However, after looking closely at the facts and arguments from both sides, the court found that the trial judge acted correctly in not letting the State use Verner's earlier testimony. The court noted that it is important for defendants to have the right to question witnesses against them, and that this right was not met in the preliminary hearing because the defense could not call Huggins to support their case. In the end, the decision to deny the State's appeal was upheld, and the case was sent back to the lower court for more proceedings based on the ruling.

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F-2004-874

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In OCCA case No. F-2004-874, Pierson appealed his conviction for Sexual Abuse of a Child. In an unpublished decision, the court decided to affirm the conviction but modify the sentence to thirty years of imprisonment. One judge dissented. Deitric Benard Pierson was found guilty of sexually abusing a twelve-year-old girl, referred to as L.H. The case started when L.H. told her mother that Pierson had done something inappropriate to her. She explained to her mother and grandmother that he had pulled her pants down and touched her with his private parts. There was also DNA evidence that connected Pierson to the abuse. During the trial, the girl did not testify herself, but her statements to her mother, grandmother, and a social worker were presented as evidence. Pierson argued that this was unfair because he could not cross-examine the girl, which is normally his right in court. The court decided that the girl's statements were reliable and allowed them to be presented. Pierson raised several points in his appeal. He claimed that the way jurors were chosen was unfair because some were removed based on race. He also argued that he should have been informed about how much time he needed to serve before being eligible for parole. Additionally, he felt that his sentence was too harsh and should be changed. After looking at all the issues, the court concluded that most of the problems Pierson pointed out were not strong enough to change the decision. They recognized that the failure to inform the jury about parole eligibility was a mistake and adjusted his sentence from life in prison to thirty years. However, one judge thought that changing the sentence was not correct because the jury had decided he should spend life in prison, and he felt that altering that decision disregarded the jury's authority. In summary, the court upheld the conviction but agreed to change the length of the sentence, allowing Pierson a chance for parole after serving thirty years instead of life in prison.

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F-2004-1081

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In OCCA case No. F-2004-1081, Charles Edward Moore, Jr. appealed his conviction for robbery with firearms, kidnapping, and possession of a firearm after a felony conviction. In a published decision, the court decided to affirm most of his convictions and modify some sentences. One of the judges dissented. Charles Edward Moore faced serious charges and was found guilty by a jury. He received a total of fourteen years for each robbery, ten years for each kidnapping, and ten years for possession of a firearm related to a past felony. The judge ordered that Moore serve these sentences one after the other. On appeal, Moore argued several points. First, he believed he was unfairly punished for two separate robbery counts concerning the same incident. However, the court decided that this did not violate any laws about double punishments. Next, Moore claimed a conflict between his robbery conviction and the charge for possession after a felony. The court agreed with Moore regarding this point and reversed his conviction for that charge. Additionally, Moore argued that the trial court made an error by not allowing a jury instruction about his eligibility for parole. The court found this to be a mistake but decided to change the sentences for the robbery convictions from fourteen years to ten years each. The court maintained the trial judge's decision to have the sentences served consecutively. Moore also argued that he did not receive effective help from his lawyer, but the court believed that his case would not have ended differently even with better representation. He further disagreed with the court's admission of evidence about his past wrongdoings, but the court denied that claim too. Lastly, Moore asserted that the combined errors during his trial should lead to a reversal. The court disagreed and upheld the decisions made during the trial. In summary, while the court agreed to modify some of Moore's sentences, it affirmed most of the convictions and found no significant errors that would affect the overall outcome of the trial.

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M 2005-0332

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In OCCA case No. M 2005-0332, the appellant appealed his conviction for reckless driving. In an unpublished decision, the court decided to vacate the conviction and modify it to a lesser charge of speeding. One judge dissented. The case began when the appellant received a speeding ticket on September 17, 2003, for going 90 mph in a 65 mph zone. During the trial, the judge found the appellant guilty of reckless driving and sentenced him to 90 days in jail, with 30 days to serve and the rest suspended, along with a $300 fine. The appellant did not appeal in time but was allowed to do so later. During the appeal, the appellant claimed two main points. First, he argued that his speeding did not meet the level of culpable negligence needed for reckless driving. The law requires more than just speeding to prove reckless driving. The state argued that speeding around other cars during the day showed enough negligence to support the conviction. Second, the appellant contended that he was not allowed to cross-examine a witness after the judge asked a question about intersecting roads. The judge’s questioning provided new information that had not been discussed before. The court pointed out that the appellant had the right to confront witnesses and cross-examine them, which was denied in this case. Ultimately, the court found that there was not enough evidence to support the reckless driving charge and modified the conviction to speeding instead. The court agreed to vacate the reckless driving sentence and sent the case back to the district court for proper sentencing on the speeding charge.

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M-2002-1195

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In OCCA case No. M-2002-1195, Anita Shank appealed her conviction for Driving Under the Influence, Transporting an Open Container of Beer, and Obstructing an Officer. In a published decision, the court decided to affirm her convictions for Transporting an Open Container and Obstructing an Officer, but modified her Driving Under the Influence conviction to Driving While Impaired and remanded the case for sentence modification. One judge dissented. Anita Shank was found guilty of driving under the influence of alcohol, transporting open containers of beer, and obstructing an officer during her trial. She received a 90-day sentence for driving under the influence and fines for the other two charges. Shank contested her convictions on several grounds, claiming the evidence was insufficient and arguing errors regarding jury instructions and sentencing. During the trial, it was noted that Shank was stopped by a sheriff's deputy while she was driving and had an open container of beer in her car. The deputy observed signs of intoxication, like bloodshot eyes. Shank admitted to drinking two beers but refused to take a breathalyzer test. When questioned about the whereabouts of her child, she lied and was uncooperative. The court found that there was enough evidence to support her conviction for driving under the influence but acknowledged that the jury should have been instructed on the possibility of a lesser offense—Driving While Impaired. The state agreed that not instructing on this was an error, although they deemed it harmless. Additionally, Shank argued the trial court should have considered a suspended sentence for her. The record did not show that the court completely ignored this request, but the judge did express a need for proof of her willingness to enter treatment for alcohol issues. After the appeal, it was revealed that Shank completed the treatment program, prompting the court to order the lower court to consider this when evaluating her suspended sentence request. The court upheld the obstruction conviction, stating that her deliberate lies and refusal to cooperate with the deputy interfered with the execution of his duties, which constitutes sufficient grounds for the charge. In conclusion, while Shank's obstruction of an officer and open container convictions were affirmed, her DUI was modified to a lesser charge of DWI, and the court directed the district court to revisit her request for a suspended sentence.

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J-2004-305

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In OCCA case No. J-2004-305, D.H.D. appealed his conviction for Murder in the First Degree. In a published decision, the court decided to affirm the denial of D.H.D.'s motion for certification as a juvenile but reversed the denial for certification as a youthful offender, meaning D.H.D. would be tried in a system that focuses on rehabilitation rather than punishment. One judge dissented.

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M-2003-784

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In OCCA case No. M-2003-784, the Appellant appealed his conviction for Stalking. In a published decision, the court decided to reverse the Appellant's judgment and sentence and remand for a new trial. One judge dissented. The Appellant, Bradley Allen Crawford, was initially convicted of Stalking in the District Court of Oklahoma County. He was sentenced to six months in county jail. During his appeal, he argued that he should have been allowed to show that the complaining witness might have had a reason to be biased against him. During the trial, the Appellant wanted to present evidence related to a child custody case that involved the complaining witness. However, the trial court did not permit this information. The Appellant also tried to question the complaining witness about her possible bias during her testimony, but the trial court stopped him, stating that it was related to other domestic issues. After the trial, the Appellant requested a new trial because the judge had not allowed him to present evidence about the witness’s potential bias, but this request was denied. The court noted that it’s important to allow evidence that could show a witness might be biased. It explained that this kind of evidence is usually admissible in court. The appellate court found that the Appellant was not given a chance to show that the complaining witness had motives that could affect her testimony. They pointed out that the witness's credibility was crucial to the trial since everything the police said was based on her accounts. The appellate court decided that the trial court's errors in not allowing the questioning about the witness's bias were significant enough that they could have changed the outcome of the trial. Because of this, the Appellant's original conviction was overturned, and the case was sent back to be tried again.

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RE 2002-0993

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In OCCA case No. RE 2002-0993, a person appealed their conviction for unlawful possession of methamphetamine. In a published decision, the court decided to reverse the revocation of the person's suspended sentence. One judge dissented. The case started when the person pled guilty in January 2000 and was given a ten-year suspended sentence, which meant they'd stay out of prison as long as they followed certain rules. However, in July 2002, the state claimed the person broke the rules by testing positive for methamphetamine during a drug test. During the hearing to decide if the suspended sentence should be revoked, the person's probation officer said that the test showed the person had methamphetamine in their system. The person then explained they had many health problems, including severe joint issues, high blood pressure, and a history of cancer. They also used a cough syrup prescribed by a doctor, which potentially contained ingredients that could cause a positive drug test. The probation officer, when asked, said he couldn’t be sure if the cough syrup was the reason for the positive test results. Because of this uncertainty about the cause of the positive test, the court found there wasn't enough proof that the person had broken probation rules. As a result, the court reversed the previous decision to revoke the suspended sentence, meaning the person did not have to serve that part of their sentence. The court instructed the lower court to dismiss the application to revoke.

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F-2002-202

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In OCCA case No. F-2002-202, Kenneth Glenn Thompson appealed his conviction for robbery with a weapon, conspiracy, and assault and battery with a dangerous weapon. In an unpublished decision, the court decided to affirm the convictions for robbery with a weapon and conspiracy but reversed the conviction for assault and battery. One judge dissented regarding the conspiracy charge, believing there was not enough evidence to support it.

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RE 2002-0387

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In OCCA case No. RE 2002-0387, a person appealed his conviction for robbery with a dangerous weapon. In a published decision, the court decided to reverse the revocation of his suspended sentence. One judge dissented. The case began when the appellant pled guilty to robbery with a dangerous weapon on October 5, 2000, and received a six-year suspended sentence along with a $1,500 fine. He was also given rules to follow while on probation. A little over a year later, on January 1, 2002, the state filed a petition to revoke the appellant's suspended sentence. This meant they wanted to take away his suspended sentence because they believed he broke the rules. The hearing took place on February 27, 2002. The judge found that the appellant had violated some conditions of his probation, which led to three years being taken away from his suspended sentence. The appellant was only fifteen when he committed the crime and was still just seventeen at the time of the hearing. During the appeal, the appellant argued that the evidence the state provided was not good enough to prove he violated his probation. He also said that taking away three years of his suspended sentence was too harsh, especially since there were reasons that might lessen his punishment. The case included the fact that the appellant had not finished high school, and he had a lot of rules to follow without any support or treatment. One specific rule was that he could not hang out with people who had criminal records. The state claimed that he broke this rule by being around a certain person who had a felony conviction. However, during a trial, the appellant explained that being in a large group did not mean he was talking to or hanging out with that person. The state argued that they had enough evidence since the transcripts from another trial included the appellant's testimony. However, these transcripts were not available for the court to review in this case. In the end, the court agreed with the appellant that the evidence was not strong enough to prove he had violated the probation rules. Because of this lack of evidence, the court reversed the decision made to revoke the suspended sentence and ordered it to be dismissed.

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F-2001-313

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In OCCA case No. F-01-313, *Steven Wayne Robertson* appealed his conviction for *Attempted Burglary in the First Degree* and *Assault with a Dangerous Weapon*. In an unpublished decision, the court decided to affirm the convictions but modified the sentences to run concurrently. One judge dissented. Robertson was found guilty by a jury for two crimes. He was accused of trying to break into a house (attempted burglary) and attacking someone with a weapon (assault). The jury decided to give him a ten-year prison sentence for each crime, which would usually mean he would spend twenty years in prison, but the court later decided he would serve both sentences at the same time, totaling ten years. Robertson claimed that it was unfair to punish him twice for what he said was one event. However, the court concluded that the two charges were based on different actions and that he could be punished for both. They looked at the evidence, like a witness who saw him with an axe, showing he was dangerous. He also said he should have had the chance to argue that he only caused damage to property instead of trying to break in, but the court found that this was not needed based on the facts of the case. Finally, Robertson thought he did not get a fair trial because of some things the prosecutor said during the trial. The court agreed that there were improper comments but still decided to keep the guilty verdicts and just change the sentences so that he would serve ten years instead of twenty.

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F-2000-1156

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In OCCA case No. F-2000-1156, Randy Scott Bucsok appealed his conviction for lewd molestation and rape by instrumentation. In a published decision, the court decided to reverse the lower court's judgment and remand the case for a new trial. One judge dissented. Bucsok was found guilty of multiple charges, including lewd molestation and rape by instrumentation. The jury sentenced him to a total of 60 years in prison, with some sentences running consecutively while others were partially suspended. Following his conviction, Bucsok raised several arguments in his appeal regarding mistakes made during the trial. First, he argued that the trial court made a mistake by not allowing two witnesses, Shell and Kemble, to testify. The court found this was a serious error because their testimony could have been important to Bucsok's defense. The judges believed that excluding this evidence hurt Bucsok's chance for a fair trial. Bucsok also claimed that the trial court wrongly allowed hearsay testimony from other witnesses. However, the court decided that this part of the trial was handled correctly and that the testimony was admissible. Additionally, Bucsok expressed concern about unfair evidence being presented to the jury regarding uncharged crimes, but the court determined that there was no plain error in how this evidence was managed. Finally, he disagreed with the trial court’s decision to bar testimony about the victim's behavior that could explain injuries. In conclusion, the court found that the trial court had made critical mistakes, particularly in not allowing key witnesses to testify, which warranted a new trial for Bucsok.

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F-2000-367

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In OCCA case No. F-2000-367, Kenneth Matthew Crase appealed his conviction for Manufacturing a Controlled Dangerous Substance - Methamphetamine. In an unpublished decision, the court decided to reverse the conviction with instructions to dismiss the case. One member of the court dissented. Crase was found guilty by a jury and sentenced to twenty years in prison and fined $50,000. He argued several points about why he should not be convicted. He claimed there was not enough evidence to prove he helped make methamphetamine. He also said there wasn't enough support for the testimony from an accomplice, that evidence of other crimes was unfair during his trial, and that the prosecutors behaved badly, making it hard for him to get a fair trial. After looking closely at all the evidence and records from the trial, the court agreed with Crase. They found that just being present and knowing that someone was making methamphetamine did not mean he was guilty of making it or helping to make it. The court concluded that there was not enough proof to convict him, so they reversed the lower court's decision and ordered the case to be dismissed.

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