Trial Court

S-2003-445

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In OCCA case No. S-2003-445, the State appealed the decision regarding Joey Dean Taylor's conviction for possession of a controlled substance (methamphetamine) and unlawful possession of paraphernalia. In a published decision, the court decided to affirm the lower court's ruling. One judge dissented. The case began when Joey Dean Taylor was a passenger in a pickup truck that was stopped by a deputy for speeding. During the stop, the deputy asked both the driver and Taylor if he could search them. The driver consented, but Taylor said yes to a pat-down search. After the search, the deputy found knives and a syringe in Taylor's pocket. Taylor was later arrested when methamphetamine was discovered in his hand at the jail. The lower court found that Taylor did not truly consent to the search, and the higher court agreed that the State did not provide enough evidence to show the consent was voluntary. They ruled that the earlier decisions were correct, and thus, they affirmed the lower court's ruling.

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C-2002-1525

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In OCCA case No. C-2002-1525, Campbell appealed her conviction for Enabling Child Abuse. In an unpublished decision, the court decided to affirm her conviction but modified her sentence. One judge dissented. Campbell was charged in Hughes County and entered a guilty plea while maintaining her innocence, known as an Alford plea. She was originally sentenced to twenty-five years in prison. Campbell later appealed, asking to withdraw her guilty plea or reduce her sentence. The court found that although she could not withdraw her plea because she had been properly informed about the rights she was waiving and the maximum penalty for her conviction, her sentence was too harsh. The court decided to change her sentence from twenty-five years to ten years, although it did not reverse her conviction. The dissenting judge believed the trial judge's original decision on the sentence should stand.

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F-2002-690

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In OCCA case No. F-2002-690, Lonny Boyd Jones appealed his conviction for multiple crimes, including assaulting a police officer and aggravated trafficking in methamphetamine. In an unpublished decision, the court decided to reverse one count against him, affirm the others, and reduce his sentence for aggravated trafficking. One judge dissented. Lonny Boyd Jones was tried in Grady County District Court and found guilty of several charges. He received sentences of five years for assaulting a police officer, two years for possessing a firearm after being convicted of a felony, one year with a fine for resisting an officer, and 35 years plus a fine for trafficking methamphetamine. After his conviction, Lonny appealed the decision, arguing many points, including issues with the arrest warrant, double jeopardy, hearsay evidence, and the effectiveness of his counsel. The court reviewed his claims. They found that the arrest warrant was valid despite not being signed properly. Therefore, Lonny's claim regarding the warrant did not hold. They also decided that his conviction for resisting a police officer was too similar to the assault charge, so that conviction was reversed. Regarding the hearsay evidence and jury instructions, the court found that they did not significantly affect the trial's outcome, and his request for instructions on lesser offenses or defenses was denied because the evidence supported his guilt for the charges he faced. Additionally, the court upheld the introduction of a letter he wrote, agreeing that it was authentic. They dismissed claims of prosecutorial misconduct as the comments made during the trial were fair and justified by the evidence. The court acknowledged that the sentencing instructions were mistaken and modified his sentence for trafficking methamphetamine, reducing it from 35 years to 30 years without a fine. In the end, the court's decision affirmed most of Lonny's convictions, changed one, and modified his sentence.

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RE 2002-1124

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In OCCA case No. RE 2002-1124, Earnest Williams appealed his conviction for violating the terms of his suspended sentences. In a published decision, the court decided to affirm the revocation of his suspended sentences in three cases but vacated the revocation of one case because it was found that the court did not have the authority to revoke that particular sentence. One judge dissented on part of the decision.

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F-2002-855

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In OCCA case No. F-2002-855, Brandon Grimland appealed his conviction for First Degree Manslaughter. In an unpublished decision, the court decided to affirm the conviction but modified the sentence from one hundred years to twenty-five years imprisonment. One judge dissented, believing the case should be sent back for re-sentencing. Grimland was found guilty of causing the death of another person through a beating that led to severe injuries. The trial jury recommended a very long sentence of one hundred years, but there were concerns about how the prosecutor talked about parole, which might have influenced the jury's decision. The court agreed that the way the prosecutor approached the topic was not right and decided to reduce the sentence to a more reasonable twenty-five years. While the conviction stood, the judges thought it was important to correct the sentence based on how the trial was conducted.

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C-2003-858

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In OCCA case No. C-2003-858, Esther Servin appealed her conviction for Child Neglect. In a published decision, the court decided to grant her petition to withdraw her guilty plea based on the interests of justice. One judge dissented. Servin had pled guilty to two counts of Child Neglect, which means she was charged with not taking care of her child. A judge sentenced her to a long time in prison—37 years for one count and 10 years for the other. This punishment would mean she had to serve those two sentences one after the other, making a total of 47 years. After the sentencing, Servin tried to take back her guilty plea because she thought she didn’t understand what was happening during her trial. Her request was denied at first, but later, the court allowed her to appeal. In her appeal, Servin said two main things: First, she believed she didn’t enter her guilty plea in a way that was fair and understood. Second, she thought her lawyer did not help her well enough. The court looked at all the information, including the questions asked in court and the answers Servin gave. They concluded that it was right to let her withdraw her plea because it would be fair to do so. The dissenting judge disagreed. This judge believed that Servin’s plea was valid and that everything in court was handled well. The dissenting judge thought the sentence, even though it was long, should be kept as is because Servin had made her choices and understood her situation at the time. In summary, the court allowed Servin to withdraw her guilty plea based on fairness, while one judge felt the original plea should stand.

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F-2002-899

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In OCCA case No. F-2002-899, Edward John VanWoundenberg appealed his conviction for Driving While Under the Influence (DUI) after having two or more previous convictions. In an unpublished decision, the court decided to affirm the conviction and sentence. One judge dissented. VanWoundenberg was found guilty of DUI in a trial where a jury sentenced him to twenty years in prison. He raised several arguments in his appeal. He argued there were mistakes in the jury instructions, his sentence should be changed, a clerical error needed to be fixed, and that the combined effect of all the mistakes denied him a fair trial. The court reviewed all the information from the trial. It decided that VanWoundenberg’s case did not need to be reversed or changed, but there was a clerical mistake in the court documents that had to be corrected. The court found that the evidence did not support giving the jury instructions about lesser charges, and so the trial court acted correctly by not providing those instructions. VanWoundenberg also argued that his felony DUI sentence should not have been increased under a general law since it had already been raised under a specific DUI law due to his previous offenses. The court explained that it was legal to enhance (or increase) his sentence using a general law because he had many previous different felony convictions within the required time. The court pointed out that one of VanWoundenberg's arguments was mistaken; the rules allowed for both the specific and general laws to apply in his case. Finally, the court amended the total costs listed in the original court documents to a lesser amount due to a fee that should not have been included. In the end, the court confirmed VanWoundenberg's conviction and corrected the clerical error, but found no other issues that needed to change the outcome of the case.

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C-2002-1190

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In OCCA case No. C-2002-1188, the petitioner appealed his conviction for multiple crimes including possession of controlled substances and shooting with intent to kill. In a published decision, the court decided to affirm most of the convictions but reversed the conviction for maintaining a vehicle used for the keeping or selling of controlled substances, due to insufficient evidence. One judge dissented, suggesting that the sentences should run concurrently instead of consecutively.

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F-2002-233

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In OCCA case No. F-2002-233, Stephen Eldridge Melonakis appealed his conviction for falsely personating another. In an unpublished decision, the court decided to affirm the conviction but modify the sentence to reflect credit for time served awaiting trial. One judge dissented, arguing that the trial court's decision should have been upheld without modification.

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F-2002-552

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In OCCA case No. F-2002-552, Jack Leroy Helms appealed his conviction for Unlawful Possession of Obscene Pictures of Minors. In an unpublished decision, the court decided to affirm Helms's conviction but to modify his sentence to two years of imprisonment. One member of the court dissented. The case began when Helms was tried by a jury and found guilty of having illegal pictures of minors. The trial took place in Jefferson County. The jury recommended a 15-year sentence, and the trial judge sentenced Helms accordingly. However, Helms argued that he should have been charged under a different law that applied specifically to possession of child pornography, which would result in a shorter sentence. The court agreed that Helms should have been charged under the more specific statute, but they affirmed his conviction. They also decided that his imprisonment sentence should be reduced to two years instead of the original 15 years. Helms raised several issues during his appeal, claiming that he was unfairly treated during the trial, that there wasn't enough evidence against him, and that his sentence was too harsh. The court found that the evidence was sufficient to uphold his conviction, as there were witnesses and online activities that indicated he had access to the illegal pictures. In the end, Helms's conviction was upheld, but changes were made to the judgment to show he was convicted under the correct law and his sentence was adjusted to be less severe. The decision allowed some correction but ultimately found in favor of the prosecution's case against Helms.

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F-2002-653

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In OCCA case No. F-2002-653, Carole Jean Arnold appealed her conviction for Driving While Under the Influence and Driving While License is Suspended. In an unpublished decision, the court decided to affirm the judgment and modify the sentence. One judge dissented. Carole Jean Arnold was found guilty by a jury in the District Court of Payne County. The jury decided she should spend five years in prison and pay a $500 fine for driving while under the influence. For driving with a suspended license, the jury decided on one year in prison and another $500 fine. The trial judge ruled that the fines would be suspended, but Carole didn't agree with the conviction. In their review, the court looked at several issues that Carole raised. First, she argued that there was not enough evidence to prove she was intoxicated when she was driving. However, the court found that the evidence was strong enough. There were officers who testified that they smelled alcohol on her breath, noticed her speech was slurred, her eyes were bloodshot, and that she was having trouble standing up. Carole admitted to drinking alcohol before driving, which supported the jury's conclusion. Second, Carole claimed the trial court made a mistake by not correctly telling the jury about possible punishments. The court agreed that this was a mistake because the jury should have been aware of more options regarding punishment. Since the defense attorney did not object during the trial, it was still considered a major error that needed to be corrected. Because of this mistake, the court changed Carole's prison sentence to two years instead of the longer one originally given. The third issue Carole had was about a test called the Horizontal Gaze Nystagmus test, which was used to check her level of intoxication. The court agreed that there were rules about when scientific evidence can be used at trials, and those rules were not followed when this test's results were allowed. However, the court also decided that this error was not serious enough to have changed the jury's decision, so it didn’t matter much in the end. Lastly, Carole felt her overall punishment was too harsh. Because the court already changed the length of her sentence due to the earlier mistake, they found that they did not need to make any other changes. In the end, the court upheld Carole's conviction but changed her sentence to two years in prison. One judge disagreed with modifying her sentence, believing the jury's maximum sentence was appropriate and that the results of the test were acceptable in court.

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F-2002-323

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In OCCA case No. F-2002-323, David Dean Wichita appealed his conviction for Lewd Molestation and Forcible Oral Sodomy. In an unpublished decision, the court decided to reverse the conviction. One judge dissented. The case focused on whether Wichita had properly waived his right to a jury trial. The court found that there was not enough evidence in the record to show that he understood and agreed to give up this important right. The State agreed that this was a mistake and that the case needed to be looked at again. The judges explained that a person must clearly show they are giving up their right to a jury trial. There was no proof in the record that Wichita made this choice himself or that he did it knowingly and wisely. Because of this error, the judges decided that Wichita should have a new trial.

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F 2002-157

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In OCCA case No. F 2002-157, Kenneth Lee Dueitt appealed his conviction for Manufacturing a Controlled Dangerous Substance (Methamphetamine), Possession of a Precursor Substance (Red Phosphorus), Possession of a Controlled Dangerous Substance (Methamphetamine), and Possession of Drug Paraphernalia. In an unpublished decision, the court decided to affirm his convictions for Manufacturing Methamphetamine, Possession of a Controlled Dangerous Substance, and Possession of Drug Paraphernalia while reversing the conviction for Possession of a Precursor Substance and remanding it for a new trial. One judge dissented on the decision regarding the reversal of Count 2.

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C-2003-356

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In OCCA case No. C-2003-356, Feaster appealed his conviction for robbery and related charges. In a published decision, the court decided that he was denied effective assistance of counsel and granted his writ for a proper hearing on the motion to withdraw guilty pleas. One judge dissented, arguing that the motion to withdraw was filed too late and should be dismissed.

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F-2002-201

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In OCCA case No. F-2002-201, Robert Mark Stephens appealed his conviction for First Degree Robbery and Attempted Kidnapping. In an unpublished decision, the court decided to affirm his convictions but modified his sentences to run concurrently. One judge dissented. Stephens was found guilty by a jury in Tulsa County and was sentenced to fifteen years for robbery and one year for attempted kidnapping, with the sentences to run one after the other. He raised several issues for appeal. First, he argued that his right to due process was violated because the court did not order a professional examination to check if he was competent to stand trial. However, the court concluded that there were not enough facts to raise a doubt about his competency. Second, Stephens claimed the trial court abused its power by not allowing him to use a mental illness defense. The court found no error in this as Oklahoma law does not allow for a defense of diminished capacity in non-capital cases. Third, he said he did not get a fair trial because the judge did not permit jury instructions on his mental capacity, which he believed was necessary to explain his intent during the crime. The court agreed with the trial court's ruling, saying that there is no provision for mitigating evidence in such trials. Stephens also believed he had ineffective help from his lawyer, but the court found he did not prove this claim. Finally, he said the trial judge wrongly refused to consider concurrent sentences, which led to an abuse of discretion. The court acknowledged this point and modified his sentences so they would run at the same time. In summary, the court upheld the convictions but changed the way the sentences would be served, allowing Stephens to serve his time for both crimes together instead of separately.

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F-2002-493

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In OCCA case No. F-2002-493, Donnell E. Williams appealed his conviction for second-degree burglary and knowingly concealing stolen property. In a published decision, the court decided to affirm the judgments but modify the sentences to be served concurrently instead of consecutively. One judge dissented. Williams was found guilty by a jury of breaking into a place that was not his and hiding things that were stolen. The jury recommended a punishment of twenty-five years in prison for each count, with the need to serve all the punishment one after the other. Williams argued several points in his appeal. First, he said that the court did not tell the jury they could consider that he might have had permission to enter the property. Second, he thought the jury should have been told about a lesser crime than burglary. Third, he claimed that the way the prosecutor spoke during the trial was unfair and hurt his chances for a fair trial. Fourth, he felt that his twenty-five-year sentences were too long. Finally, he believed that all the mistakes made during the trial, when added together, meant he did not have a fair chance in court. After looking at everything in the case, the court found that Williams's points for appeal did not require them to change the jury's decision on his guilt. They agreed that the jury did not need information on asking if he had consent or the lesser charge since there was no strong evidence to support his claims. They also concluded that the prosecutor's actions did not prevent Williams from getting a fair trial because there was strong evidence against him. However, the court felt that making Williams serve his sentences one after the other was too severe, especially because he was living in a vacant house and facing challenges like being homeless and struggling with substance use. They decided that twenty-five years was enough time for him to pay for what he did and get the help he might need. In short, the court kept his convictions but changed his sentence so that he would serve his time together rather than separately. This way, he would have a better chance to start again after serving his time. One judge disagreed with the decision to change the sentences to run together, believing the original decision by the trial court was correct given Williams's history of prior convictions.

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C-2002-633

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In OCCA case No. C-2002-633, Russell Snoe appealed his conviction for lewd and indecent proposal to a child and contributing to the delinquency of a minor. In an unpublished decision, the court decided to grant Snoe's petition for a writ of certiorari and reverse the judgment and sentence of the trial court. One judge dissented. Snoe had entered a guilty plea in the District Court of Muskogee County, where he was sentenced to five years for one charge and one year for the other, with the sentences to be served at the same time if he completed a certain program. Later, Snoe wanted to take back his guilty plea and sent a letter to the court. The court held a hearing but did not allow him to withdraw his plea. Snoe argued that he did not have a fair chance because his lawyer did not help him correctly and that he was not given the right information about what the punishment could be. The court reviewed Snoe's case and agreed that he had not been clearly informed about his potential punishment. This mistake made his plea not valid. Since he had taken the plea thinking he faced a worse punishment than he actually could have, the court decided he needed another chance. As a result, the court reversed his earlier decision and allowed him to withdraw his plea.

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F 2002-175

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In OCCA case No. F 2002-175, James Dale Vaughn appealed his conviction for Trafficking Methamphetamine. In an unpublished decision, the court decided to affirm the convictions but modified the sentence for one of the counts. One judge dissented. Vaughn was found guilty of several charges after a police search of his home revealed drugs and a firearm. The police had a search warrant based on information from a confidential informant who claimed Vaughn was selling methamphetamine. During the search, officers discovered methamphetamine in various amounts, drug paraphernalia, and a firearm. Vaughn argued that the search warrant was improperly issued because it relied on hearsay from the informant that was not verified. The court found that there was enough information to justify the warrant and allowed the evidence found during the search to be admitted in court. Additionally, Vaughn claimed the trial court should have required the state to reveal the informant's identity. However, the court decided that the informant's identity was not relevant to Vaughn's defense, and so did not need to be disclosed. Finally, Vaughn argued that the jury was not properly instructed on the possible punishment for one of his charges. The court agreed that the instruction was incorrect and reduced the sentence for that particular charge, while upholding the convictions for the other charges. Thus, the overall decision allowed the convictions to stand, but changed the punishment for one count.

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C-2003-298

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In OCCA case No. C-2003-298, Edward Charles Scott appealed his conviction for Distribution of Controlled Dangerous Substance and Conspiracy to Distribute Controlled Dangerous Substance. In a published decision, the court decided to affirm the denial of the motion to withdraw guilty pleas and remand the case for resentencing. One member of the court dissented. Edward Charles Scott was charged with two counts of distributing drugs and one count of conspiring to distribute drugs in Stephens County. On November 19, 2001, he pleaded guilty to all charges and was sentenced to 40 years in prison for each count, with the sentences running at the same time, and he was also fined $2,500 for each count. Scott later filed a Motion to Withdraw the Plea, claiming that his lawyer did not help him properly. He had a hearing on this motion, but the court refused his request. Scott also filed other motions seeking to remove his guilty pleas and sought help for an appeal later on. The court allowed him an appeal out of time after concluding that his lawyer had not filed the appeal correctly. Scott raised several points in his appeal. He argued that the trial court should have given him a new lawyer when he claimed his lawyer wasn’t doing a good job. He also believed he should be allowed to take back his guilty pleas because he didn’t understand everything. He felt his prison sentence was too long and suggested the trial court did not check if he was really able to understand what he was pleading guilty to. Lastly, he argued that there was not enough proof that he was guilty of conspiracy. After reviewing everything, the court decided Scott did not show that his lawyer had a real conflict of interest. There was no evidence that Scott did not understand what he was doing when he pleaded guilty, as he admitted his guilt during the processes. The court noted that being unhappy with the length of his sentence was not a valid reason to withdraw a guilty plea. The court found some mixed statements about whether Scott was sentenced as a repeat offender or a first-time offender. These inconsistencies meant the case needed to go back to the lower court for a new sentencing. While the court thought the original inquiry into Scott’s mental competence could have been better, the records showed he was capable of understanding his charges and the guilty pleas he entered. The court also confirmed that there was a sufficient factual basis for the conspiracy plea. In the end, the court agreed with some points but decided Scott's case needed to return for resentencing due to the unclear basis for his sentence, even as they upheld the rejection of his motion to withdraw his guilty pleas.

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F-2001-1048

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In OCCA case No. F-2001-1048, Wendy Leann Underwood appealed her conviction for Possession of Methamphetamine, After Former Conviction of Two or More Felonies. In an unpublished decision, the court decided to affirm the conviction but modify the sentence. One judge dissented. Here’s a simple summary of the case: Wendy Leann Underwood was found guilty by a jury for having methamphetamine after she had committed other crimes before. The jury decided she should go to prison for 40 years. However, Wendy thought there were problems with how her case was handled, so she asked a higher court to review it. Wendy raised several points for why she believed her conviction and sentence should be changed: 1. She argued that the police search which found the drugs was not done properly, so the drugs should not have been used against her in court. She also said her lawyer did not fight this issue well enough. 2. She thought the trial did not properly explain to the jury that a person who testified against her was an accomplice and that there should have been supporting evidence for what that person said. 3. Wendy pointed out that many of her past criminal cases were actually part of the same situation, so they should not count as multiple offenses. 4. She believed her punishment should have been based on specific drug laws instead of general laws for repeat offenders. 5. Wendy thought she should get a lighter sentence because of new laws that help non-violent offenders. After looking carefully at everything, the court found that the police search was legal and that Wendy's lawyer did not make a mistake by not challenging it. They also decided that the person who testified against Wendy was not someone who required additional proof, so that was fine too. However, the court agreed that too many of Wendy's past convictions were counted, since many of them happened during the same event. Therefore, they decided to change her sentence from 40 years to 30 years. They felt that was fair based on the laws. Regarding the other issues raised by Wendy, the court determined that the punishment was appropriately based on the laws and that the new laws did not apply to her case. Thus, they kept her conviction but made her time in prison shorter. In conclusion, her conviction stood, but her time in prison was reduced to 30 years, with one judge thinking it should be even less.

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F-2001-1243

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In OCCA case No. F-2001-1243, Michael Gerald Turner appealed his conviction for multiple crimes. In a published decision, the court decided to affirm some of Turner's convictions and dismiss others. Specifically, the court upheld his convictions for Assault and Battery Upon a Police Officer, Unauthorized Use of a Vehicle, Possession of a Controlled Substance, Driving While Impaired, and Attempted Escape, but reversed and dismissed his convictions for Personal Injury DUI and DUI due to issues with evidence and double jeopardy. One member of the court dissented.

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F 2001-1348

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In OCCA case No. F 2001-1348, Holly Ann Glasgow appealed her conviction for two counts of Robbery by Force and Fear. In a published decision, the court decided to reverse the conviction on Count One and remand it to the district court to change the charge to Receiving Stolen Property with a reduced sentence. The conviction on Count Two was affirmed. One judge dissented.

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F 2001-668

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In OCCA case No. FT 2001-668, Richard James Cordon appealed his conviction for Second Degree Murder. In an unpublished decision, the court decided to reverse the conviction and remand for a new trial. One judge dissented. Richard Cordon was found guilty of Second Degree Murder after a trial. He was sentenced to fifteen years in prison. Cordon believed he did not get a fair trial because the court refused to give certain jury instructions. These instructions were about statements he made that could show he was innocent, as well as instructions on different types of manslaughter, voluntary intoxication, and self-defense using non-deadly force. After looking carefully at all the evidence and arguments, the court agreed that Cordon’s conviction should be reversed. They felt the trial court made a mistake by not allowing the jury to consider his exculpatory statement, which means a statement that could help prove he was not guilty. The court believed that if the jury had heard this statement, they might have decided Cordon was innocent. The court did not agree with all of Cordon's claims, particularly those about the other types of defenses and instructions he wanted, but they found that the lack of an instruction on his exculpatory statement influenced the trial's fairness. Therefore, the case was sent back for a new trial.

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F 2002-1339

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In OCCA case No. F 2002-1339, Marlon L. Johnson appealed his conviction for Kidnapping, First Degree Rape, and Forcible Sodomy. In an unpublished decision, the court decided to reverse the conviction for First Degree Rape and remand it to the district court for dismissal, while affirming the convictions for Kidnapping and Forcible Sodomy. One judge dissented. The case began when Marlon L. Johnson was found guilty of three serious crimes after a jury trial in Tulsa County. He was sentenced to thirty-five years for each crime, to be served one after the other, totaling a significant amount of time. Johnson claimed that there were many mistakes made during his trial, which he believed should lead to a reversal of his convictions or a new trial. The court looked at the arguments Johnson made. He said the charges were mixed up and that it wasn't clear whether the jury agreed on the specific facts for the rape charge. The court agreed that the jury might have relied on different facts to reach their decision about the rape charge, so they reversed that conviction. However, the court felt that there was enough evidence to support the kidnapping conviction, meaning they believed the jury was right about that part. Johnson also argued that his lawyer didn't do a good job, but the court felt his lawyer performed effectively. Other arguments made by Johnson, like improper statements from the prosecutor and issues with sentencing, were not enough to change the overall decision. The court decided that some mistakes were made, but they were not serious enough to hurt Johnson's chances for a fair trial. In the end, the court confirmed the kidnapping and forcible sodomy convictions because they believed the jury made the right decisions for those charges. However, because they couldn't be sure about the rape charge, they sent it back to be dismissed.

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F 2001-962

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In OCCA case No. F 2001-962, Chester Creller, Sr. appealed his conviction for First Degree Rape, Forcible Oral Sodomy, and Incest. In an unpublished decision, the court decided to affirm the convictions for First Degree Rape and Forcible Oral Sodomy but reversed the conviction for Incest. One judge dissented. Creller was found guilty of serious crimes related to sexual offenses in a trial in Muskogee County. The jury decided on heavy punishments for the crimes: 100 years for Rape, 20 years for Oral Sodomy, and 10 years for Incest. The judge planned for the sentences for Rape and Oral Sodomy to be served one after the other, while the Incest sentence would happen at the same time as the Rape sentence. Creller took his case to a higher court, arguing several points. He claimed that the court should not have tried his case, that changes made to the case were unfair, that there were problems with how the victim's testimony was used, that he should not have been convicted of both Rape and Incest for the same act, and that the way evidence was handled did not guarantee him a fair trial. The higher court carefully looked over all the arguments and decided that Creller's claim about his convictions for Rape and Incest being based on the same action was valid. Therefore, they overturned the Incest conviction but found that the other points he raised did not change the overall outcome. The court confirmed that the trial was handled correctly in most ways and said that even though there were some mistakes, they did not affect the right decision because there was strong evidence against Creller. The decision also stated that the prosecution's closing arguments did not unfairly influence the jury because the defense did not object during the trial. In summary, Creller's sentence for Incest was dismissed, but he still faced very long sentences for the other charges.

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