Trial Court Proceedings Archives

M-2016-596

Post author:Staff
Post published:June 8, 2017
Post category:M

In OCCA case No. M-2016-596, Lyndol Keith Nunley appealed his conviction for Domestic Abuse - Assault and Battery. In an unpublished decision, the court decided to affirm his conviction. One judge dissented. The case began with a non-jury trial in which Nunley was found guilty of committing domestic abuse against someone he knew. The judge sentenced Nunley to pay a fine and to spend time in county jail. Initially, he was required to serve his jail time day for day, meaning he would serve the full year without any reductions. However, this requirement was later changed. Nunley appealed for three main reasons. First, he claimed his lawyer did not do a good job because there was no record of what happened during the trial, which made it hard for him to appeal. The court explained that to prove a lawyer was ineffective, a person must show how this caused them harm. Since Nunley did not give enough proof or show that any errors happened during the trial, his claim was not accepted. Second, Nunley argued that his sentence was too harsh. He believed the day for day term made his punishment excessive. However, since that requirement was removed after he filed his appeal, this argument was no longer valid. Lastly, Nunley pointed out that he received the maximum penalty allowed by law. The court noted that while it did impose the maximum jail time, his fine was much lower than what he could have received. The judges decided that Nunley did not show that his sentence was shocking or unfair, so they rejected his request to change it. In the end, the judges upheld the decision made in the lower court, meaning Nunley had to serve his sentence as it was decided.

C 2009-665

Post author:Staff
Post published:August 26, 2010
Post category:C

In OCCA case No. C 2009-665, Sutton appealed his conviction for possession of child pornography. In a published decision, the court decided to grant Sutton's request to withdraw his guilty plea. Sutton dissented. Petitioner Donald Edward Sutton, Jr. had pleaded guilty to a serious crime. The judge sentenced him to twenty years in prison, but he would only serve eight of those years before possibly getting out. After the plea, Sutton thought things were unfair and said he didn't understand everything when he agreed to plead guilty. Sutton said he didn’t know about important details like having to spend 85% of his time in prison before being eligible for parole or that he would have to register as a sex offender. He felt that he didn't get the help he needed from his lawyer when he entered his plea and when he tried to take it back later. Sutton thought his 20-year sentence was too harsh, especially because he believed there were reasons to be lenient. After reviewing all the information provided, the court agreed that Sutton wasn't given all the facts he needed to make an informed choice about his plea. This omission made his agreement invalid since he didn’t enter it knowingly and voluntarily. The court decided that he should be allowed to withdraw his plea and gave orders for the case to go back for further consideration. The other claims Sutton made about his lawyer and the fairness of his sentence became unnecessary to discuss because of this main issue. In summary, Sutton was given a chance to change his plea because the court found that he wasn’t properly informed about important consequences of his decision.

PC 2006-0638

Post author:Staff
Post published:February 28, 2007
Post category:PC

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.

F-2003-278

Post author:Staff
Post published:October 7, 2004
Post category:F

In OCCA case No. F-2003-278, Carrol Gene Hightower appealed his conviction for cultivation of marijuana, possession of marijuana with intent to distribute, maintaining a dwelling house for keeping controlled drugs, and failure to display a stamp on a controlled drug. In an unpublished decision, the court decided to affirm most of the convictions and sentences but reversed and dismissed the conviction for possession with intent to distribute due to double punishment concerns. One judge dissented.