Trial Counsel Ineffective Archives

J 2016-0745

Post author:Staff
Post published:December 14, 2016
Post category:J

In OCCA case No. J 2016-0745, J.M.D. appealed his conviction for Endeavoring to Perform an Act of Violence. In an unpublished decision, the court decided to reverse the order adjudicating J.M.D. as a delinquent child and remand the matter to the District Court with instructions to dismiss. One judge dissented. The case began when a delinquent petition was filed against J.M.D., a 15-year-old boy, accusing him of planning to hurt others. The case went to trial where the judge heard the evidence. J.M.D. had made a list of people he did not like and called it a Hit List. However, he said he was just joking and having fun with a friend when he made the list. He did not plan to hurt anyone. The court found that the evidence was not strong enough to prove that J.M.D. really intended to harm anyone. The judges agreed that just writing a list, even with a bad name, does not mean someone is a danger to others. Because there was no proof of a real intention to do harm, the court decided that J.M.D. should not be labeled as a delinquent child. The judges also noted that the law requires strong proof in these cases. Since the state failed to show that J.M.D. was really trying to hurt someone, he should not have been found guilty. Therefore, they decided to dismiss the case against him.

F-2007-526

Post author:Staff
Post published:November 19, 2008
Post category:F

In OCCA case No. F-2007-526, Chavis Lenard Day appealed his conviction for Shooting with Intent to Kill and Attempted Robbery with a Dangerous Weapon. In a published decision, the court affirmed the judgment and sentence from the District Court. One judge dissented. Chavis Lenard Day was found guilty by a jury for two crimes: shooting someone with the intention to kill and attempting to rob that person using a dangerous weapon. The jury decided that he should serve life in prison for both crimes, but these sentences would happen at the same time, not one after the other. During his appeal, Day raised several concerns about his trial. First, he argued that he should not be punished separately for both crimes because it might violate rules against double jeopardy, which means being tried for the same crime twice. However, the court found that it was okay to punish him for both offenses. Day also questioned if the person who identified him as the shooter was telling the truth. The court looked at the evidence and determined that the jury was allowed to trust this witness's testimony, even if it was challenged during the trial. Another issue Day raised was about the advice given to the jury. He claimed the judge didn’t give certain instructions, like reminding them that eyewitnesses can make mistakes. The court decided that these instructions were not necessary and that the trial was fair. Day also thought a witness should not have talked about changing a photo used in the trial because it could confuse the jury. The court explained that mentioning this did not mean Day had done something wrong or had been involved with gangs. Additionally, Day argued that the jury should have been told about how long he would have to serve in prison before being eligible for parole. However, the court found that the law did not require that information for his specific charge. Finally, Day pointed out that a mistake was made in official documents. They stated he was guilty of robbery when he was actually guilty of attempted robbery. The court agreed and said they would fix this error in the official records. In conclusion, the court affirmed Day's punishment but ordered that the documents reflect the correct details of the conviction. Overall, the court found that none of Day's complaints were enough to change the outcome of the trial except for the clerical correction.