Trial Court

S-2009-858

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In OCCA case No. S-2009-858, Jeffrey Dale Brumfield appealed his conviction for Possession of Methamphetamine. In a published decision, the court affirmed the district court's ruling that evidence discovered during a search of his vehicle should be suppressed. The ruling was based on the fact that the officer did not have enough probable cause to conduct the search after initially letting the Brumfields go. In this case, one judge dissented. In OCCA case No. S-2009-862, Margaret Ann Brumfield also appealed her conviction for Possession of Methamphetamine. The decision in her case followed the same reasoning as her husband's case, reaffirming the district court's decision to suppress evidence. The judge's ruling was similarly supported by the reasoning that the officer lacked the necessary probable cause for the searches conducted. Again, one judge dissented on the conclusion reached by the majority. The essential facts involved a traffic stop initiated because of speeding and a lack of a valid driver's license. The officer suspected drug use and searched the vehicle, which initially produced no evidence. The second search resulted in the discovery of methamphetamine after a recording revealed incriminating conversation. Ultimately, the court concluded that the officer's actions were not justified legally, leading to the suppression of the evidence collected.

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F-2009-407

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In OCCA case No. F-2009-407, Thomas Ray Young appealed his conviction for four counts of Sexual Abuse of a Child. In an unpublished decision, the court decided to affirm the convictions but modify the sentences to be served concurrently. One judge dissented. Young was found guilty of sexually abusing his daughter and was sentenced to four life terms in prison, which the jury recommended to be served one after the other. Young raised several issues in his appeal, including claims that the trial court made errors by allowing certain evidence, giving confusing jury instructions, allowing expert testimony that supported the complainant's credibility, and examples of prosecutorial misconduct. Additionally, Young argued that the accumulated errors denied him a fair trial. The court carefully assessed the evidence admitted during the trial. Young contested evidence about past physical abuse towards his daughter and son, as well as a 1979 sexual assault against a teenager. The court found that references to the past abuse of the daughter were relevant to understand why she may have been hesitant to report the sexual abuse. The mention of his son was seen as proper because it challenged the credibility of a defense witness. However, evidence regarding the 1979 sexual assault had minimal relevance and could have been too prejudicial. Regarding jury instructions, the court found the trial judge's instructions were tailored to the evidence, even though they were not standard. The court decided that these instructions did not create errors. The expert witnesses presented by the state were seen as helpful rather than harmful to the case; they did not improperly support the credibility of the complainant. The court ruled that most of the prosecutor's comments during trial did not warrant a problem, except for some details about Young's criminal past, which could have unfairly influenced the jury. The court believed that the modification of Young's sentences to run concurrently addressed any potential unfairness. In summary, the court affirmed Young's conviction but changed his sentences to be served at the same time instead of one after another.

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RE 2009-0510

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In OCCA case No. RE 2009-0510, Edward Q. Jones appealed his conviction for revocation of his suspended sentence. In an unpublished decision, the court decided to reverse the revocation. One judge dissented. Edward Jones had previously pled guilty to domestic abuse and was sentenced to a few years in jail, with most of that time suspended, meaning he wouldn’t serve it if he followed the rules set by the court. However, he had problems following those rules, which led the State to ask the court to revoke his suspended sentence. There were two main hearings regarding this. In the first hearing, the judge found that Edward had broken the probation rules and took away three and a half years of his suspended time. Edward didn't appeal that decision. Later, the State filed another request to revoke his sentence, saying he had not followed the rules again. In the second hearing, the judge decided to take away all of his suspended time. Edward argued that he should have had a lawyer to help him at the hearing, which he really wanted. He felt that the short time between being told he could have a lawyer and the date of his hearing was not enough time for him to get one. He argued that he was unfairly treated without a lawyer and that he shouldn’t have to suffer because he missed a deadline due to a lack of money for the application fee to get a lawyer. The State countered by saying that since Edward didn't file for a court-appointed lawyer by the deadline set by the judge, he gave up his right to have one. They also argued that the right to have a lawyer at a revocation hearing is not a constitutional right but a statutory right. They said he didn't get the lawyer because he wasn't trying hard enough to get one and was just delaying things. The judges looked at earlier cases where people were found to have given up their right to a lawyer because they didn't act quickly enough to get one. They concluded that while there was a short delay for Edward, the reasons didn't clearly show he was deliberately trying to delay his hearing. They pointed out that Edward might not have known what he was doing in waiving his right to counsel, and the judge didn't look into whether he could have afforded a lawyer or not. After reviewing the evidence and the arguments, the court decided that Edward was not fairly represented when he attended his hearing without a lawyer. They noted that there was conflicting testimony from police officers about the events leading to his probation violations, which made it difficult for them to feel confident about the decision made at the hearing. Because of these issues, the court reversed the revocation of his suspended sentence. They sent it back to the district court to hold a new hearing where Edward could have a lawyer or show he knew he was giving up that right clearly. In doing so, they ordered that any confusion or problems found in the previous record should be clarified.

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F-2009-466

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In OCCA case No. F-2009-466, Derrick Andre Fields appealed his conviction for Shooting with Intent to Injure. In an unpublished decision, the court decided that the trial court imposed a sentence that was not authorized by law and remanded the case back to the trial court for resentencing. One judge dissented.

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S-2009-667

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In OCCA case No. S-2009-667, the State of Oklahoma appealed its conviction concerning Christy Anne Selders. In a published decision, the court decided to affirm the decision of the District Court of Tulsa County, which dismissed one of the charges against Selders. One judge dissented. The case began when Selders was charged with trying to make illegal drugs and also for defrauding a hotel. During the preliminary hearing, the judge had to decide if the police had a good reason to search Selders' hotel room and if they could use the evidence found there. After the State presented its case, Selders argued that the police search was not legal because they didn't have the right to enter the hotel room without proper permission. The judge agreed with Selders and decided to dismiss the charge related to manufacturing drugs, saying that the evidence was not strong enough to link Selders to the crime. The State didn't agree with this decision and decided to appeal, saying the judge made mistakes. They believed that Selders had given permission for the search and that there was enough evidence to try her. Another judge reviewed the case and eventually decided to uphold the original judge's decision. This judge agreed that the police may have thought they had permission to search, but still, they couldn’t prove that Selders was connected to any illegal activity in the hotel room. After reviewing everything, the court decided not to change the first ruling. They said that the dismissal of the charge was correct and that there was no abuse of discretion by the judges involved in the case. In the end, the court confirmed that the order to dismiss the charge against Selders was valid, meaning she would not face trial for that particular accusation.

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F-2009-1

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In OCCA case No. F-2009-1, Hoffman appealed his conviction for three counts of Unlawful Distribution of a Controlled Substance. In an unpublished decision, the court decided to modify his sentence to ten years in each count but affirmed the conviction. One judge dissented, suggesting the sentences should be served at the same time rather than one after the other.

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F-2009-47

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In OCCA case No. F-2009-47, Kenneth Simmons appealed his conviction for Manslaughter in the First Degree. In an unpublished decision, the court decided to vacate the sentence and remand for re-sentencing. One judge dissented. Mark Kenneth Simmons was found guilty of Manslaughter after his trial for Murder in the First Degree. The jury gave him a fifteen-year prison sentence. He appealed, saying the trial court made an error by not informing the jury that he had to serve at least 85% of his sentence before being eligible for parole. The law in Oklahoma states that people convicted of specific crimes, like First Degree Murder or Manslaughter in the First Degree, must serve at least 85% of their sentence before they can be considered for parole. In a previous case, the court decided that jurors should know about these rules when they are deciding on a sentence. During the trial, when the jury asked if they needed to consider the 85% rule, the court told them to continue deliberating without giving any additional information. This was seen as a mistake. The State argued that this mistake did not affect the outcome significantly, but the court disagreed and said it was clear this lack of instruction was a big error. Because of this error, the court couldn’t be confident that the jury fully understood the implications of the sentence they handed down. The court decided that a new sentence should be determined, either by a properly instructed jury or by the District Court if the jury was waived by Simmons. The court affirmed the judgment but vacated the sentence, meaning they believed he should be tried again for sentencing.

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F-2008-1041

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In OCCA case No. F-2008-1041, David Roland Boschee appealed his conviction for robbery with a firearm and related charges. In a published decision, the court decided to affirm most of the convictions but reversed one related to possession of a firearm after a felony. One judge dissented from the decision. Boschee was found guilty after a jury trial for several offenses, including robbery with a firearm. The court sentenced him to a total of 25 years in prison for his serious crimes. Boschee raised several arguments in his appeal regarding the fairness of his trial and the legitimacy of the multiple charges against him. Firstly, he argued that it was unfair to force him to defend against two robbery charges in one trial. The court found no abuse of discretion in joining these cases, meaning they decided it was reasonable to have them heard together. Secondly, Boschee contended that his convictions for both robbery and possessing a firearm with a defaced serial number were against the law because they represented double punishment for the same act. However, the court disagreed, stating these were separate offenses and did not violate any statutes. Thirdly, Boschee argued that he was wrongfully convicted of two counts of possessing a firearm after a felony. The court agreed that there was not enough evidence to support two convictions and decided to dismiss one of these counts. The court also found that his argument about receiving ineffective assistance from his lawyer was without merit, concluding that his rights were not violated in this regard. In summary, the court upheld most of Boschee's convictions but agreed that one count of possession should be dismissed. The judges had different opinions, with one judge dissenting, stating that the joining of the robbery charges may have harmed Boschee’s case.

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C-2009-865

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In OCCA case No. C-2009-865, Floyd Reid appealed his conviction for Robbery With a Firearm. In an unpublished decision, the court decided to affirm the trial court's ruling, meaning they agreed with the trial court's decision not to let Reid withdraw his guilty plea. One judge dissented.

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F-2007-1133

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In OCCA case No. F-2007-1133, Jona Ann Montgomery appealed her conviction for Second Degree Murder and Leaving the Scene of a Fatality Accident. In an unpublished decision, the court decided to reverse the conviction for Second Degree Murder and affirmed the conviction for Leaving the Scene of a Fatality Accident. One judge dissented. Jona Ann Montgomery was tried in Pittsburg County for her involvement in a tragic incident where she hit two children with her car while speeding near a crowded football game. The younger child, a ten-year-old girl, unfortunately died, while her brother survived. After the accident, Montgomery left the scene but left behind her belongings in the car. The main issue in Montgomery's appeal was the trial court's refusal to instruct the jury on the possibility of a lesser charge known as Misdemeanor Manslaughter. Initially, the law at the time of Montgomery's trial did not permit this instruction, and her attorney argued against it. However, shortly after the trial, a higher court changed its stance on this law, ruling that driving while impaired could indeed be used for a Misdemeanor Manslaughter charge. Montgomery argued that she should receive a new trial based on this new rule. The court reviewed the situation and agreed that the trial court had made a mistake by not allowing the jury to consider this lesser charge. They believed that a fair jury could have potentially found Montgomery guilty of Misdemeanor Manslaughter instead of Second Degree Murder, given the circumstances of the case. Montgomery also raised concerns about other evidence that was presented during her trial. This included items found in her vehicle that were linked to drug use and remarks made during the trial suggesting she showed no remorse for her actions. The court found that much of this evidence was not necessary and could unfairly bias the jury against Montgomery. The decision ultimately led to the reversal of her conviction for Second Degree Murder because of the instructional error on Misdemeanor Manslaughter, while they upheld the conviction for Leaving the Scene of a Fatality Accident. The judges aimed to ensure that future trials would avoid the errors found in Montgomery's case.

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F-2008-786

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In OCCA Case No. F-2008-786, James Dion Smith appealed his conviction for Unlawful Possession of a Controlled Drug. In an unpublished decision, the court decided to reverse the order that had accelerated his Judgment and Sentence and ordered the District Court to dismiss the case. One judge dissented. Smith had originally entered a plea of no contest for possession of a controlled substance, and his sentence was delayed for two years. This means he didn't have to go to jail right away as long as he followed the rules during that time. However, later on, the State of Oklahoma asked the court to speed up Smith's sentence because they believed he had broken the rules. When the court had a hearing to look into the State’s request, they decided to impose Smith's sentence. But Smith argued that the court shouldn’t have done this based on something that happened after his period of supervision had ended. After examining the details, the court agreed with Smith. They found that the reason for speeding up his sentence was tied to a new case that occurred after the time Smith was supposed to be on probation. They decided the lower court was wrong to speed up his sentence and told them to cancel the action against Smith. In the dissenting opinion, the judge felt the court overlooked how the situation happened. This judge pointed out that Smith admitted to not following the rules during his probation. When Smith did not show up for a later hearing, the judge believed the court could still take action against him based on his failure to appear, even if new charges could not be considered. In the end, the main ruling was to reverse the earlier decision and to dismiss the case against Smith.

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F-2008-1087

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In OCCA case No. F-2008-1087, Mitchell Dewayne Baker appealed his conviction for First Degree Rape and Domestic Assault and Battery by Strangulation. In an unpublished decision, the court decided to affirm the conviction but vacated the order for restitution, remanding the case to the district court for a proper determination of the victim's loss. One judge dissented. Baker was found guilty by a jury and was sentenced to ten years in prison for each offense, with the sentences ordered to run consecutively. The trial court also required him to pay restitution. Baker raised several issues in his appeal, claiming that the court had made errors during the trial process. One major issue was about the restitution ordered by the trial court, which Baker argued lacked factual support. The court acknowledged that the trial judge has discretion in deciding restitution, but determined that the record did not provide enough information to support the amount that was initially ordered. Therefore, while the conviction stood, the restitution order was removed, and the case was sent back to determine the correct restitution amount. Baker also challenged the prosecution’s use of evidence from his past crimes, saying it was unfairly used to paint him as a bad person. The court ruled that this evidence was allowed to help show that Baker’s explanation of how the victim got hurt was not credible. This was because his past behavior was relevant to his defense. Another point raised by Baker dealt with how the prosecutor questioned witnesses about their feelings during and after the incidents. The court said this questioning was relevant to establish the elements needed to prove the charges against Baker. They found no error in how this evidence was presented as it was crucial to the prosecution's case. Lastly, Baker pointed to some statements made by the prosecutor regarding the burden of proof. The court found that any mistakes were not serious enough to affect the fairness of the trial, as the jury was correctly informed about the burden of proof at several points. Overall, while the court upheld Baker's convictions, they took issue with the restitution ordered and directed that it be reassessed to ensure a fair determination.

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S-2009-363

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In OCCA case No. S-2009-363, Heather Renee Trask appealed her conviction for First Degree Child Abuse Murder. In an unpublished decision, the court decided to affirm the district court's ruling that prevented the State from arguing alternative theories of guilt against her. One judge dissented. Heather Trask was arrested and charged with very serious crimes after her baby daughter, Mackenzie, died. The baby had injuries that suggested she had been hurt badly. Evidence from doctors showed that the baby died from head injuries caused by blunt force trauma. When the baby was found, she was not breathing and could not be revived. During the trial of Heather's husband, he testified about the night of the baby’s incident. Heather left for work after 7:00 p.m. on the night of the tragedy, and her husband was the only adult with the baby after that time. The experts in the trial said the baby must have suffered severe injuries shortly before she died, but they could not pinpoint the exact moment it happened. The district court listened to the arguments and decided that there was enough evidence to show that Heather’s husband was likely the one who caused the fatal injuries. Because of this, the court ruled that the State could not present alternative theories that might shift blame to Heather. After hearing everything, the appeals court agreed with the district court's decision. They determined that the lower court did not make a mistake by blocking the State from using other theories to argue guilt. Therefore, the ruling that prevented the State from pursuing various angles was upheld, affirming the decision made by the district court.

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RE-2008-1001

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In OCCA case No. RE-2008-1001, Sedrick Moltke Frierson appealed his conviction for the revocation of his suspended sentences. In a published decision, the court decided to affirm the revocation of six and one-half years of his nine and one-half year suspended sentences. One judge dissented. The case began when Appellant entered a guilty plea for delivering controlled substances and was given a suspended sentence in 2007. This meant he wouldn’t have to serve time in prison right away, but he had to follow certain rules. Unfortunately, he broke those rules by using drugs, committing more crimes, and not paying required fees or attending counseling. The state of Oklahoma requested that his suspended sentences be revoked because he didn’t follow the conditions of his probation. A hearing was held to look into this matter, and the judge decided that Appellant had indeed breached his probation conditions. So, he decided to revoke a big portion of Appellant's suspended sentence. Appellant raised two main points in his appeal. He argued the judge's decision was not fair and that it didn’t help him get better. He also claimed some costs should be removed from the written order, saying they were not part of the original agreement. The court explained that when reviewing a revocation, they could only look at whether probation rules were broken and decide on the sentence. The judge’s original decision to revoke the sentence was affirmed because the Appellant had indeed violated the terms of his probation. However, the court agreed that there was a mistake about some of the conditions in the written order regarding supervision. They said that the written order needed to be updated to reflect that Appellant’s remaining term of supervision should not require him to have any supervision, as the original ruling suggested. Overall, while the revocation was upheld, it was determined that the written decision needed to change to make sure there was clarity about the conditions of the remaining term.

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F-2008-1043

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In OCCA case No. F-2008-1043, William D. Hibdon appealed his conviction for endeavoring to manufacture methamphetamine, possession of a firearm after a felony conviction, and possession of drug paraphernalia. In a published decision, the court decided to reverse and remand his convictions. One judge dissented. Hibdon was found guilty by a jury and was sentenced to a total of 31 years in prison. The convictions were based on evidence found after police officers searched his home without a search warrant. The police had gone to Hibdon’s house after receiving a tip that he was making methamphetamine. When they arrived, they smelled ether, a chemical often used in meth production. After arresting Hibdon, one officer entered the house without a warrant and found more evidence. Hibdon argued that this search violated his rights under the Fourth Amendment, which protects people from unreasonable searches and seizures. He filed a motion to suppress the evidence, but this was denied by the trial court. The appeals court found that the officers had enough time to get a search warrant but did not do so. They decided that there was no immediate danger to the public that would justify the warrantless search. Since the officers did not meet the requirements for an emergency situation, the court believed Hibdon’s rights were violated. Therefore, the evidence obtained during the search could not be used against him. The court reversed Hibdon's convictions and sent the case back for further proceedings. One judge disagreed with the majority's decision, believing that the police acted correctly in their search based on the circumstances they faced at the time. This dissenting opinion asserted that the smell of ether justified a limited check of the house for safety reasons. Overall, the majority decision emphasized the importance of obtaining a proper search warrant to protect individuals' rights, while the dissent highlighted the potential dangers law enforcement officers may face in similar situations.

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C-2009-410

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In OCCA case No. C-2009-410, the petitioner appealed his conviction for possession of a controlled dangerous substance (methamphetamine). In an unpublished decision, the court decided to remand the case for an evidentiary hearing regarding the petitioner's motion to withdraw his guilty plea. One judge dissented. The case revolved around the petitioner who had pled guilty to possessing methamphetamine. He had a plea deal where he was supposed to receive a five-year sentence, but ultimately, he was given a ten-year sentence instead. After his sentencing, the petitioner believed that the judge did not follow the plea agreement correctly and moved to withdraw his guilty plea. The trial court did not hold a hearing on his motion, which the petitioner argued was unfair. He raised several concerns, including that there was no clear reason for his guilty plea, that he might not have been competent to enter the plea, and that he didn’t receive proper help from his lawyer. He also claimed the sentence and other penalties were too harsh. After reviewing everything, the OCCA found that there should have been a hearing on the petitioner's request to withdraw his guilty plea. They ordered the trial court to have a hearing where the petitioner could present his case and have a lawyer help him. The hearing needed to happen within 45 days, and if the motion was denied, the court was to send the details to the OCCA, where the petitioner could appeal if he wished. In summary, the court decided that the petitioner deserved another chance to explain his reasons for wanting to withdraw his guilty plea, and a proper hearing should take place to address those issues.

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F 2009-70

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In OCCA case No. F 2009-70, Phillip Ray Herndon appealed his conviction for Assault and Battery with a Dangerous Weapon. In an unpublished decision, the court decided to affirm the conviction and the sentence of twenty years imprisonment. One member of the court dissented. Phillip Ray Herndon was found guilty in the Ottawa County District Court. The jury decided on a sentence of twenty years for his crime, which was based on his history of previous felonies. After his conviction, he claimed that the trial had some issues. Herndon pointed out a few problems he believed affected his trial. First, he argued that the judge should have allowed the jury to consider a lesser crime: simple Assault and Battery instead of Assault and Battery with a Dangerous Weapon. He thought this was unfair and took away his rights to a fair trial. Second, he argued that the evidence against him wasn't strong enough to prove he had used a dangerous weapon. He said there was no clear proof that the object he used was actually a dangerous weapon or that it could hurt someone badly. Lastly, he mentioned that the official court documents didn’t show an order that his new sentence would run at the same time as a sentence from another case. He wanted this to be fixed, calling for a correction to the official records. The court reviewed all the facts and evidence presented in the trial and decided that the judge did not make a mistake when refusing the request for the lesser offense. They agreed that there was enough evidence for the jury to convict Herndon of the more serious charge. They also acknowledged that the judge had ordered his sentence to run concurrently with another but agreed that the paperwork needed to be corrected. In the end, the court upheld the sentence of twenty years but sent the case back to fix the clerical error about the sentence running concurrently with Herndon’s other case.

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RE-2008-880

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In OCCA case No. RE-2008-880, William John Myers appealed his conviction for two counts of Second Degree Arson. In an unpublished decision, the court decided to reverse the revocation order in one of the cases but affirmed the revocation in the other case. One judge dissented. Myers had earlier pleaded guilty to two arson offenses and received a suspended sentence of 20 years, with the first 7 years of that sentence active, meaning he had to serve that time in prison unless he followed probation rules. Later, in 2008, the court found that he had broken the rules of his probation, leading to the judge revoking the suspended part of his sentence. Myers argued that one of his revocations should not have happened because the State did not file a required petition to seek that revocation. The court agreed with him, stating that without the petition, they did not have the authority to revoke his sentence for that case. However, for the other case, where Myers had also violated probation, the court held that the decision to fully revoke the suspended sentence was within the trial court's discretion, and they found no mistake in that ruling. Therefore, the court decided to reverse the order about the first case but keep the revocation in place for the second case. This means that Myers still has to serve part of his sentence for the second case while the order regarding the first case was sent back to the lower court to clarify that he still has his suspended sentence in that case.

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F-2008-1014

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In OCCA case No. F-2008-1014, Marcus Durell Hooks appealed his conviction for trafficking in controlled substances, possession of an offensive weapon in the commission of a felony, and eluding a police officer. In an unpublished decision, the court decided to affirm the convictions but remand the case for correction of the Judgment and Sentence. One judge dissented. Marcus was found guilty by a jury on three counts. His main issues on appeal included claims of improper evidence use, insufficient evidence, ineffective assistance of counsel, excessive sentencing, prosecutorial misconduct, and errors related to jury instructions and sentencing fees. The court reviewed the propositions raised by Marcus and concluded that the trial court didn’t abuse its discretion regarding the police checkpoint situation since the evidence causing the convictions was not a result of the checkpoint. The evidence showed that Marcus had joint control over the drugs and firearms involved in the case. About counsel's performance, the court found no effectiveness issues because the alleged errors did not affect the trial's outcome, nor did the sentencing appear excessively severe. The prosecutor's statements during the trial were also determined not to have harmed Marcus's case. Additionally, the court agreed with Marcus about some fees being improperly assessed but decided that overall, any errors did not combine to deny him a fair trial. Thus, while most of Marcus's complaints were rejected, the court ordered corrections related to the sentencing paperwork.

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F-2008-531

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In OCCA case No. F-2008-531, Jim Evans appealed his conviction for possession of a controlled drug and embezzlement. In an unpublished decision, the court decided to affirm his termination from Drug Court and vacate part of his sentence. One judge dissented. On November 29, 2006, Jim Evans pleaded guilty to two crimes: possession of a controlled drug after having a felony conviction, and embezzlement. The court sentenced him to five years for possession and one year for embezzlement, with both sentences running at the same time. He could avoid serving this time if he successfully completed a Drug Court program, but if he failed, he would have to serve his sentences. On May 22, 2008, Evans was taken out of the Drug Court program, leading to his appeal. He claimed three main issues: First, during his hearing, he wasn't properly confronted with a witness against him, and his lawyer let him say things that made him look guilty. Second, he thought the court made a mistake by considering evidence that shouldn’t have been allowed. Third, he argued the court couldn't extend his probation past his original sentence. About the first two points, Evans said his lawyer should have stopped the officer from speaking about what another person said. He contended this wasn't fair. The court examined his claims and found that the rights in Drug Court are not as extensive as in normal criminal trials. It noted that some statements made by the officer were acceptable under the law. For the last point, Evans pointed out that his one-year sentence had ended, and the court didn’t have the authority to give him more time. The State, which was appealing against him, admitted that it was a mistake to extend his probation beyond his original sentence. Ultimately, the court agreed with Evans on his last point and decided to change the records by vacating the one-year sentence for embezzlement. However, the court also confirmed the decision to remove Evans from the Drug Court program.

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F-2008-667

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In OCCA case No. F-2008-667, Daniel Timothy Hogan appealed his conviction for First Degree Rape by Instrumentation, Lewd Molestation, and Forcible Sodomy. In an unpublished decision, the court decided to affirm the judgment and sentence for some counts but reversed and remanded other counts based on the statute of limitations. One judge dissented. The case involved Hogan, who lived with his wife and her three daughters, all of whom had learning disabilities. Testimonies revealed that Hogan had sexually abused the girls multiple times over several years, starting when they were very young. The incidents included inappropriate touching and forced sexual acts. Hogan claimed that some charges should be dismissed because the statute of limitations had expired. The court agreed with him regarding several counts, concluding that the state did not press charges in time based on when the victims knew about the incidents and their nature as crimes. Hogan also argued that the trial judge unfairly imposed consecutive sentences rather than allowing them to run concurrently, as he claimed there was a courthouse policy against such decisions. However, the court found that the judge considered the facts of the case in deciding how to sentence Hogan. Ultimately, while some convictions against Hogan were reversed because of the statute of limitations, his life sentence and the convictions that were upheld reflected the seriousness of the abuse he inflicted on the young victims, leaving a lasting impact on their lives.

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F-2007-638

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In OCCA case No. F-2007-638, Watson appealed his conviction for multiple drug-related offenses. In an unpublished decision, the court decided to reverse some of his convictions, modify others, and rescind certain fines. One judge dissented. Watson was found guilty of trafficking in illegal drugs, possession of a firearm during a felony, and other charges. He was sentenced to many years in prison, with his sentences running one after another. Watson argued that the search warrant used to search his home was not valid, that he was unfairly tried for multiple offenses that seemed to be the same crime, that he had been treated unfairly during the trial, and that he didn’t have good representation from his attorney. The court looked closely at the evidence and found that the warrant to search his home was valid. They noticed that the charges for drug trafficking should not have occurred at the same time for methamphetamine and cocaine since this counted as double punishment for one act. Therefore, they decided to reverse that conviction. They also reversed the conviction for possession of a sawed-off shotgun because it was tied to the same act as possessing a firearm during the crime. The court agreed there was enough evidence to support his convictions for having a firearm during a felony and for concealing stolen property. They noted that while the prosecutor made a small mistake during their closing argument, it was unlikely that it would change the outcome of the case since the evidence against Watson was strong. Watson's convictions were modified, which means his sentences were reduced. The court overturned specific unfair fines and affirmed the remaining charges, stating that the changes would not shock anyone’s sense of fairness. The judges believed the final combined sentence still made sense and was fair. In conclusion, while the court made changes to Watson’s convictions and sentences, they found most of the trial's foundation to be reasonable, ensuring that these decisions aligned with the law. The case will return to the lower court to fix some details in line with the appellate court's ruling.

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F-2008-438

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In OCCA case No. F-2008-438, Marcus Laquine Petty appealed his conviction for Assault and Battery with a Dangerous Weapon and Domestic Assault and Battery. In an unpublished decision, the court decided to affirm the judgment and sentence of the District Court, but found that a hearing was needed regarding the amount of the Victim's Compensation Assessment. Two members of the court dissented regarding the second count of the conviction.

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F-2008-97

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In OCCA case No. F-2008-97, the appellant appealed her conviction for child neglect. In an unpublished decision, the court decided to reverse her conviction. One judge dissented. The appellant, Kristie K. Thompson, was found guilty by a jury for not providing proper medical care for her child’s rash. The case was heard in the Stephens County District Court, where she was sentenced to six months in jail. She appealed the conviction for several reasons, including claims that the instructions given to the jury were incorrect and that she should have been given a chance for a lesser charge. After carefully reviewing the evidence and the arguments, the court found that there was not enough proof to show that she willfully neglected the medical needs of her child. They concluded that no reasonable person could have decided she was guilty based on the evidence. Therefore, they reversed her conviction and instructed the lower court to dismiss the case. Since they found a major error related to the evidence, the court decided not to address the other claims made by the appellant. The court issued their decision based on the principle that everyone deserves a fair trial and that guilt must be proven beyond a reasonable doubt.

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F-2008-538

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In OCCA case No. F-2008-538, Jerry Johnson appealed his conviction for Robbery by Force. In an unpublished decision, the court decided that Johnson did not competently, knowingly, and intelligently waive his right to a jury trial, which means that he deserves a new trial. However, the evidence presented in his bench trial was sufficient to support his conviction, so they remanded the case for a new trial. One judge dissented.

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