Trial Court

F-2001-122

  • Post author:
  • Post category:F

In OCCA case No. F-2001-122, Joseph Edward Peyton appealed his conviction for five counts of Robbery With Firearms. In an unpublished decision, the court decided to affirm the judgment and sentence for Counts I and III, but reverse and dismiss Counts II, IV, and V. One member of the court dissented. Peyton was tried and found guilty of the robbery charges in Tulsa County. The judge sentenced him to ten years for Counts I and III, and five years for Counts II, IV, and V, with the sentences running consecutively. Peyton argued three main points in his appeal. First, he claimed that his statements to the police should not have been used against him because he was not in custody when he made them. The court found that the situation did not need Miranda warnings, so his statements were allowed as evidence. Second, Peyton argued that there wasn't enough evidence for his convictions on Counts II, IV, and V. The court agreed, stating that just being at the crime scene does not automatically make someone guilty. They found that the evidence against Peyton for those specific counts was not solid enough, and they reversed those convictions. Lastly, Peyton argued that his sentence was too harsh. However, the court disagreed, saying the sentence was appropriate and did not shock their conscience. In summary, the court upheld part of the conviction, but also recognized that not all the evidence supported Peyton's guilt on every count. The decisions made reflected careful consideration of what the law required in these types of cases.

Continue ReadingF-2001-122

F-2001-106

  • Post author:
  • Post category:F

In OCCA case No. F-2001-106, Billy Mack Downey appealed his conviction for Murder in the Second Degree. In an unpublished decision, the court decided to reverse the judgment and sentence, sending the case back for a new trial. One judge dissented. Billy Mack Downey was convicted of murder by a jury in Carter County. He was sentenced to forty years in prison. Downey appealed his conviction, raising thirteen different complaints about how the trial was conducted and claims that he did not receive a fair trial. Here are the main issues Downey raised in his appeal: 1. He argued that it was wrong for the trial court to allow victim impact evidence during the trial, which should only be presented during the sentencing phase. 2. He claimed that the prosecution unfairly increased the credibility of its main witnesses. 3. Downey believed his father should have been allowed to testify, and that the prosecutor took advantage of this situation during closing arguments. 4. He also said the prosecutor acted improperly in a way that affected his chance for a fair trial. 5. Downey filed a motion for a new trial, which he claimed the trial court incorrectly denied. 6. He pointed out errors in how the State impeached one of his defense witnesses. 7. Downey thought the trial judge wrongly instructed the jury on matters related to the law and the testimonies of his co-defendants. 8. He believed certain comments from the judge during the trial may have influenced the jury’s opinion about his guilt. 9. Downey felt he should have been told that his co-defendants were accomplices, which could have affected how the jury viewed their testimonies. 10. He claimed the judge gave an instruction during closing arguments that confused the jury. 11. Downey argued that the collection of errors during the trial ultimately deprived him of a fair verdict. 12. He mentioned the judge wrongly ordered him to pay restitution without sufficient evidence of loss. After reviewing the evidence and considering all of Downey's claims, the court found that he had been deprived of a fair trial due to multiple serious errors. Particularly, it highlighted the combined effect of several of the errors as being significantly damaging to Downey's case. The court specifically identified that the trial court should not have allowed victim impact evidence during the guilt phase of the trial and agreed that Downey was wrongly denied the opportunity to have his father testify. The court believed these issues could have changed the outcome of the trial. Ultimately, the court overturned the original decision and ordered that a new trial be held for Downey, where he would have the chance to address these issues. This ruling aimed to ensure that he could receive a fair trial as guaranteed to him under the law.

Continue ReadingF-2001-106

F-2001-936

  • Post author:
  • Post category:F

In OCCA case No. F-2001-936, John Edward Schoonover appealed his conviction for Committing or Permitting Child-Abuse Murder. In an unpublished decision, the court decided to reverse and remand for a new trial. One judge dissented. John Edward Schoonover and his wife, Gilda, were charged with causing the death of a child they were trying to adopt. The trial revealed that on the day of the incident, both parents were in different locations when the child suffered a fatal injury. They gave unclear accounts about the events leading to the child's death and did not witness the actual injury. The state accused the Schoonovers of child abuse, stating that they had been considering canceling the adoption due to the child’s behavior issues. During the trial, there was a significant focus on a cassette tape that John Schoonover had asked his daughter to keep, which he claimed would prove that Gilda was responsible. The trial court allowed the prosecutor to change the charges, permitting the jury to consider whether the couple committed the murder or simply allowed it to happen. The jury convicted both on the basis of this alternative theory. John Schoonover argued that the trial court made multiple errors, including allowing this change after the evidence was presented. The court found that the evidence did not support the theory that John Schoonover knowingly allowed child abuse to happen. There was no proof that he knew of any potential for harm or that he could have stopped it. Because the jury had to consider multiple theories in their decision without clear evidence supporting one over the others, the court decided it was impossible to determine how the jury reached its conclusion. The final decision was to reverse the conviction and send the case back for a new trial.

Continue ReadingF-2001-936

F-2001-558

  • Post author:
  • Post category:F

In OCCA case No. F-2001-558, Medlin appealed her conviction for Manslaughter in the First Degree by Heat of Passion. In an unpublished decision, the court decided to reverse her judgment and dismiss the case. One judge dissented. The case began when a jury found Medlin guilty of Manslaughter for the shooting death of her husband, Jay Medlin. The jury sentenced her to four years in prison. Medlin argued that the trial court made a mistake by allowing instructions on a lesser charge of Manslaughter since she believed her actions were in self-defense due to previous abuse from her husband. Throughout their marriage, Medlin testified about the many times she and her children had been harmed by Jay. On the night of the shooting, after Jay verbally threatened the family and struck Medlin, she took a gun and shot him multiple times while he was asleep, believing she was defending herself and her children from further harm. At the appeal, the court determined that the evidence did not support a jury instruction on Manslaughter because Medlin had intended to kill her husband. The trial court's instructions to the jury were incorrect because they could only find that she had meant to cause death. Since the evidence only pointed to a conviction for murder, the court concluded that the previous conviction must be dismissed under the law. Thus, the court reversed the conviction and ordered the lower court to dismiss the case entirely, which also meant Medlin could not be tried for First Degree Murder again after the jury had found her not guilty of that charge. The dissenting opinion argued that the judge gave the jury a fair chance to decide based on the evidence presented and that the jury's actions were reasonable based on what they had seen and heard during the trial. In conclusion, the court's ruling in this case emphasized that if there is no substantial evidence showing that a lesser charge could apply, then that instruction should not be presented to the jury.

Continue ReadingF-2001-558

F-2001-231

  • Post author:
  • Post category:F

In OCCA case No. F-2001-231, Mark Eugene Smith appealed his conviction for Attempted Manufacture of Methamphetamine, Driving under Suspension, Possession of a Controlled Drug, and Possession of a Precursor Substance Without a Permit. In a published decision, the court decided to affirm the convictions and sentences on the charges of Attempted Manufacture of Methamphetamine, Driving under Suspension, and Possession of a Controlled Drug. However, the court reversed and dismissed the conviction for Possession of a Precursor Substance Without a Permit and the related fine. One judge dissented.

Continue ReadingF-2001-231

F-2001-651

  • Post author:
  • Post category:F

In OCCA case No. F-2001-651, Vadell Lamont Wright appealed his conviction for Unauthorized Use of a Motor Vehicle and Using a Vehicle to Facilitate the Intentional Discharge of a Firearm. In an unpublished decision, the court decided to reverse the convictions. One judge dissented. Wright was found guilty by a jury and received a sentence of twenty years for the unauthorized use of a vehicle and twenty-five years for using a vehicle in connection with the discharge of a firearm, with both sentences to be served one after the other. He decided to appeal his convictions. The court reviewed several claims raised by Wright regarding his trial. The main issues included: 1. Seeing the defendant in handcuffs could have influenced the jury. 2. There was not enough evidence to say that Wright used the vehicle to make the shooting easier. 3. The court did not allow the defendant to explain his belief that he was allowed to use the car, known as a defense of mistake. 4. Evidence about other crimes affected Wright's right to a fair trial. 5. Communication between the jury and the trial judge was improper. 6. The trial court made mistakes regarding immunity for a co-defendant. 7. The jury was not given the option of lesser charges. 8. Overall, multiple errors deprived Wright of a fair trial. Focusing on the second issue, the court noted that Wright used a stolen vehicle to flee from police. He was in the vehicle with another person who fired a gun at an officer during the chase. However, the court found that simply using the car did not meet the legal requirement that it had to help make the shooting occur. There wasn’t enough evidence to show that the act of using the car was linked to the shooting directly. Additionally, in regards to possible mistakes about using the vehicle, the trial court's instructions did not help the jury understand what was being asked about having permission to use the car. Wright believed he had permission from the person who was with him and thought he could use the vehicle, but the trial court did not clearly explain this possibility to the jury. As a result, the court decided to reverse Wright's conviction for shooting from a vehicle and dismissed that charge. They also decided to send the Unauthorized Use of a Motor Vehicle charge back for a new trial, stating that the earlier jury did not get all the right information to make a fair decision. In conclusion, the court found that Wright should not have been convicted based on the evidence presented and that he deserved a chance to argue his case again in a new trial.

Continue ReadingF-2001-651

C-2001-1216

  • Post author:
  • Post category:C

In OCCA case No. C-2001-1216, Jessica Melissa Woods appealed her conviction for Injury to a Minor Child. In an unpublished decision, the court decided to affirm the district court's denial of her application to withdraw her guilty plea. One judge dissented. Jessica entered a blind plea of guilty, which means she admitted her guilt without a deal or agreement. The trial judge sentenced her to twenty years in prison but suspended ten years of that sentence, which allowed her to not serve that time unless she got in trouble again. Jessica later wanted to take back her guilty plea because she felt her mental condition affected her decision. She asked the court to let her do this, but the court said no. They looked at her case and decided that she had entered the plea knowingly and willingly, meaning she understood what she was doing when she agreed to plead guilty. Jessica also wanted help with paying certain fees, including for restitution (money paid to victims), a Victim's Compensation Assessment, and a fee for preparing transcripts (written records of court proceedings). The court found that she did not have enough evidence to change the orders about the payments for restitution and the Victim's Compensation Assessment, so that part was not changed. However, they agreed to modify the fee for the transcript since the court had said she was too poor to pay for it herself. In the end, the court decided that Jessica would still have to deal with the twenty years of sentencing, but it would change the transcript preparation fee to a lower amount. They confirmed the earlier court's decision and denied her request to change her plea.

Continue ReadingC-2001-1216

J 2002-0247

  • Post author:
  • Post category:J

In OCCA case No. J 2002-0247, A.B.H. appealed his conviction for Assault and Battery With A Deadly Weapon With Intent To Kill. In a published decision, the court decided to reverse the order that allowed the State to sentence him as an adult. One judge dissented. A.B.H. was charged as a Youthful Offender and the State wanted him to be tried and sentenced as an adult. There was a hearing to discuss this, and the judge decided to allow the State's request. A.B.H. argued that this was not fair because the judge did not properly consider if he could be rehabilitated as a youthful offender. The court looked at the evidence, including studies that showed A.B.H. could complete a plan for rehabilitation and that the public would be safe if he was treated as a youthful offender. Because the State did not provide strong evidence to support trying him as an adult, the court decided to reverse that decision and send the case back for further action.

Continue ReadingJ 2002-0247

F-2001-785

  • Post author:
  • Post category:F

In OCCA case No. F-2001-785, Sammy Dewain Haas appealed his conviction for Operating a Motor Vehicle While Under the Influence of Alcohol and Driving Under Suspension. In a published decision, the court decided to affirm his conviction. One judge dissented. Sammy Dewain Haas faced serious charges for driving while drunk and for driving when his license was suspended. He went to trial in Beckham County, where a jury found him guilty. The punishment was set at ten years in prison and a $10,000 fine for the drunk driving charge, and one year and a $500 fine for the driving under suspension charge. The sentences were to be served at the same time. Haas raised several issues on appeal. First, he pointed out that the prosecutor wrongly argued that the jury should think about what he might do in the future instead of what he did this time. The court did not think this was a serious mistake that required a new trial. Second, he claimed that the jury should have been told about a lesser charge called Driving While Impaired, but the court found that the evidence did not support that. Haas also said the judge should have given instructions about using circumstantial evidence, which is when a conclusion is drawn based on the surrounding facts instead of direct evidence. While the court agreed that the instructions should have been given, they ruled that this mistake didn't affect the overall outcome of the trial. Finally, the court ordered that the official record be changed to correctly state that Haas's sentences were to run together, not one after the other. In the end, the court upheld the trial’s decision, meaning Haas would remain convicted and serve his sentence as planned.

Continue ReadingF-2001-785

F-2001-264

  • Post author:
  • Post category:F

In OCCA case No. F-2001-264, Gavin Lee Hawkins appealed his conviction for lewd molestation. In an unpublished decision, the court decided to affirm the conviction for one count and modify the sentence for the other count. One judge dissented. Gavin Lee Hawkins was found guilty of two counts of lewd molestation in Grady County. The jury sentenced him to serve ten years for the first count and twenty years for the second count, with both sentences to be served one after the other. Hawkins appealed, raising several issues he believed were errors that affected his trial. First, Hawkins argued that the prosecutor made a mistake during her closing arguments, which he thought was serious enough to affect the outcome of the case. The court agreed that the closing argument was improper and decided to change the twenty-year sentence for the second count to ten years. Next, Hawkins claimed that the trial court did not consider all the options when deciding his sentence. However, the court found no evidence that the trial court failed to do its job correctly in this regard. Hawkins also said he should have been allowed to call a witness named Bianca Thomas, but the court decided that the trial judge acted within reason when excluding her from testifying. Lastly, Hawkins felt that his lawyer did not help him properly during the trial. While the court agreed that his lawyer's performance was not up to standard, they concluded that it did not negatively impact Hawkins's case overall. Ultimately, the court affirmed the decision for the first count of lewd molestation and adjusted the sentence for the second count to ten years, while still keeping the sentence structure as ordered by the lower court.

Continue ReadingF-2001-264

F-2001-759

  • Post author:
  • Post category:F

In OCCA case No. F-2001-759, Joe Nathan Stargell appealed his conviction for Injury to a Minor Child. In a published decision, the court decided to affirm the judgment but remand the matter for a hearing on the Sheriff's Fees. One judge dissented regarding the length of the sentence, suggesting it should be reduced to three years.

Continue ReadingF-2001-759

F-2001-230

  • Post author:
  • Post category:F

In OCCA case No. F-2001-230, Shihee Hason Daughrity appealed his conviction for two counts of Robbery with a Dangerous Weapon and one count of False Personation. In a published decision, the court decided to affirm his convictions on the robbery counts but reversed the conviction for False Personation. One judge dissented. Daughrity was tried along with another person and was found guilty of robbing someone while using a dangerous weapon and falsely claiming to be someone else. The judge sentenced him to a long time in prison and also made him pay fines. Daughrity thought the trial was unfair and wanted to appeal. The court looked at the reasons Daughrity gave for why he thought he should win his appeal. He questioned whether there was enough proof for the False Personation charge because there wasn't clear evidence that he impersonated an actual person. The court reviewed previous cases to understand what counts as False Personation. They found that in this case, there wasn’t enough proof to show he impersonated someone who could be harmed by his actions. While the evidence seemed to show he used a fake name to escape responsibility for his actions, the instructions given to the jury were incomplete. Because of this, Daughrity's conviction for False Personation was reversed, which means he shouldn’t have been found guilty of that charge based on how the jury was instructed. However, they kept his convictions for robbery since they were clear and backed by enough evidence. In conclusion, while Daughrity's robbery convictions stayed, he won on the False Personation count. The judges made sure that the right procedures were followed, highlighting how important it is for juries to have complete and clear instructions when they are deciding on guilt.

Continue ReadingF-2001-230

M-2001-174

  • Post author:
  • Post category:M

In OCCA case No. M-2001-174, the appellant appealed his conviction for unlawful possession of paraphernalia (a crack pipe). In a published decision, the court decided to reverse the conviction and remand for a new trial. Two judges dissented. The case began when the appellant was found guilty after a jury trial in Tulsa County. The judge sentenced him to one year in jail and a $1,000 fine, which was the maximum for this crime. The appellant raised several points of error in his appeal, including claims that his rights to represent himself were violated, and that the evidence against him was insufficient. During the trial process, the appellant continuously expressed his desire to represent himself. However, several judges denied his requests, primarily because they believed he might be at a disadvantage without a lawyer. The court ultimately found that the denial of the right to self-representation is a serious issue, which could result in an automatic reversal of a conviction. In examining the evidence, the court noted that while the appellant was in a motel room where the crack pipe was found, it wasn’t enough to support the conviction. The main issues that prompted the reversal were related to the appellant's right to represent himself. The court ruled that the previous decisions denying this right were not valid grounds. The absence of a warning about self-representation conduct and the lack of clarity about the rights involved led the court to conclude that the appellant's conviction could not stand. Therefore, the court ordered a new trial, allowing the appellant the chance to properly represent himself if he chose to.

Continue ReadingM-2001-174

M 2001-0393

  • Post author:
  • Post category:M

In OCCA case No. M 2001-0393, Albino Rosendo Soto appealed his conviction for Possession of Marijuana. In a published decision, the court decided to affirm the conviction but reduced the victim's compensation assessment from $25.00 to $20.00. One judge dissented.

Continue ReadingM 2001-0393

C-2001-665

  • Post author:
  • Post category:C

In OCCA case No. C-2001-665, the petitioner appealed his conviction for indecent exposure. In a published decision, the court decided to grant the petitioner the ability to withdraw his guilty plea and vacate his conviction. One judge dissented. The petitioner, who had been originally charged with three counts of sexual abuse of a minor child, reached a plea agreement where the charges were reduced. He pled guilty to the lesser offense of indecent exposure and received a 20-year prison sentence, which was the minimum possible. Later, he wanted to withdraw his guilty plea, claiming that he had been misled about the prison time he would actually serve. He argued that he was incorrectly informed he would have to serve 85% of his sentence if he went to trial, which was not true for his case. The court found that the misinformation affected his decision to plead guilty even though he had also given contradictory statements during the hearings. The court ultimately ruled that because he was misinformed, his guilty plea was not entered knowingly and voluntarily. As a result, his conviction was vacated, and he was allowed to withdraw his plea.

Continue ReadingC-2001-665

C-2001-537

  • Post author:
  • Post category:C

In OCCA case No. C-2001-537, a person appealed his conviction for possession of controlled substances. In an unpublished decision, the court decided to reverse one of the counts while keeping the other counts affirmed. One judge dissented. The case began when the individual pled guilty to possessing methamphetamine, marijuana, and drug paraphernalia. The plea agreement allowed for a one-year suspended sentence if he completed a drug court program. However, he later violated the terms of this agreement by using drugs again and not attending the required sessions, leading to a longer sentence. After the court sentenced him to a total of 21 years in prison for the remaining counts, he wanted to withdraw his guilty plea. He argued he did not fully understand what he was agreeing to, specifically the length of his sentences and various conditions. In reviewing the case, the court found a significant issue with the individual's dual convictions for possessing two kinds of drugs at the same time, which they ruled could violate double jeopardy rules. They agreed with part of his appeal and reversed the conviction for possession of marijuana, while affirming the other two convictions.

Continue ReadingC-2001-537

F-2000-1339

  • Post author:
  • Post category:F

In OCCA case No. F-2000-1339, Harold Lee Cooper, Jr. appealed his conviction for possession of cocaine and possession of marijuana. In a published decision, the court affirmed his conviction for possession of cocaine but reversed and dismissed the conviction for possession of marijuana. One judge dissented.

Continue ReadingF-2000-1339

F-2000-998

  • Post author:
  • Post category:F

In OCCA case No. F-2000-998, Gene Doyle Smothermon appealed his conviction for Possession of Methamphetamine With Intent To Distribute. In an unpublished decision, the court decided to affirm the conviction while modifying the sentence to 30 years imprisonment. One judge dissented. Gene Doyle Smothermon was found guilty of having methamphetamine and was sentenced to serve a long time in prison. The jury first suggested he should go to prison for 75 years, but the judge decided he would serve 30 years instead. Smothermon appealed because he believed there were many mistakes made during his trial. Smothermon raised several issues during his appeal: 1. He argued that some evidence used in the trial was unfair and weak. 2. He said the trial court should have allowed his investigator to testify, claiming this took away his right to present his defense. 3. He felt the evidence against him was not strong enough to prove he was guilty. 4. He claimed the prosecutor made improper statements during the trial. 5. He thought his punishment was too harsh. 6. He believed that many errors added up to cause unfairness in his case. 7. Lastly, he asked the court to fix mistakes in the records about his guilty pleas for less serious charges. The court carefully looked over all the information from the trial, including evidence and arguments. They found that the trial did not make serious mistakes. They agreed that the evidence, including a dog alerting to drugs found in Smothermon's car, was relevant and did connect him to the case. They also ruled that not allowing the defense investigator to testify was reasonable since the investigator was disclosed too late in the trial process. They noted that while the prosecutor made some mistakes in his closing arguments, they were not serious enough to make the trial unfair. The most important point was that the judge was right to lower the original sentence from 75 years to 30 years, which they believed was more appropriate for the crime. In the end, the court confirmed Smothermon's conviction and changed his sentence to 30 years. They also decided that the trial court should correct the records to show the true details of his guilty plea for lesser charges. One judge did not agree with this decision.

Continue ReadingF-2000-998

F-2000-1634

  • Post author:
  • Post category:F

In OCCA case No. F-2000-1634, Edgar Lee Rucker, Jr. appealed his conviction for Unlawful Delivery of a Controlled Dangerous Substance (Methamphetamine). In an unpublished decision, the court decided to affirm the conviction but modify the fine imposed. One judge dissented. Rucker was found guilty by a jury for selling methamphetamine and was sentenced to twelve years in prison along with a $10,000 fine. He was acquitted of another charge related to marijuana possession. Rucker argued several points in his appeal, claiming violations of his rights during the trial. The first point raised was that it was wrong for both the drug offense and habitual offender statutes to be used in his sentencing. The court acknowledged this as an error but stated that it only affected the fine; they reduced the fine to $2,500 since it was incorrectly calculated originally. Rucker also argued that the evidence was insufficient to prove he was a habitual offender. However, the court found that the State provided enough evidence regarding his past convictions. He claimed that evidence about his previous bad behavior should not have been allowed in the trial, but the court determined it was relevant for understanding the case. Rucker believed that there was a mismatch between the charges and the evidence, but the court concluded the evidence was consistent with the allegations. Another argument was that his lawyer didn’t do a good job representing him. They noted that while the lawyer should have objected more, it didn’t significantly impact the outcome of the trial. Rucker contended that the prosecutor acted unfairly during the trial, but the court found that any mistakes made were corrected and did not deny him a fair trial. Finally, Rucker argued that all the errors combined made the trial unfair, but the court decided that the only significant error was the fine and adjusted it accordingly. In summary, the court upheld Rucker’s prison sentence but modified the fine.

Continue ReadingF-2000-1634

F 2000-862

  • Post author:
  • Post category:F

In OCCA case No. F 2000-862, Taress Lamont Owens appealed his conviction for Unlawful Possession of a Controlled Drug with Intent to Distribute. In an unpublished decision, the court decided to affirm the conviction but vacate the $11,000 fine. One judge dissented. Taress Lamont Owens was found guilty by a jury in a case related to illegal drug possession. He was sentenced to 60 years in prison and a fine of $11,000. Taress believed there were several reasons why his conviction should be overturned or the fine changed, so he appealed the decision. First, he argued that the evidence against him should not have been allowed in court because it was obtained in violation of his rights. However, the judges felt that the search was legal because it was done with consent. They confirmed that the evidence was strong enough to convict him based on the facts of the case. Taress also thought that the evidence presented against him was not enough for a conviction. But the judges disagreed, saying there was sufficient proof that he intended to sell the drugs. He mentioned that some evidence was not relevant to the case, but the judges found the officer’s testimony useful to show the intention behind his actions. Taress raised issues about his rights being violated and that he did not receive proper help from his lawyer during the trial. The judges looked at these claims and stated that there was no proof that he had been poorly represented in court. Finally, while the judges agreed on most points, they all felt that the fine imposed by the jury was too high according to the law. They decided to cancel the fine because the jury's instructions were incorrect regarding whether the fine should be mandatory. In conclusion, the court upheld Taress Lamont Owens' conviction but nullified the excessive fine, allowing him some relief from the financial penalty imposed during the trial.

Continue ReadingF 2000-862

F-2000-1262

  • Post author:
  • Post category:F

In OCCA case No. F-2000-1262, Robert Anthony Lamar appealed his conviction for Unauthorized Use of a Motor Vehicle. In an unpublished decision, the court decided to reverse his conviction and remand the case for a new trial. One judge dissented. Robert Anthony Lamar was found guilty by a jury of taking a U-Haul truck without permission. He claimed he only wanted to drive the truck to see what it felt like and intended to return it right after. The jury believed that he did not intend to keep the truck permanently, but the trial court did not let the jury consider a possible lesser charge of joyriding. Lamar raised several points in his appeal. He argued that it was unfair for the court to give the instructions it did without his request and that there wasn’t enough proof to show he meant to keep the truck. But the main issue was that he should have been able to have a chance to be judged on the lesser offense of joyriding, since his actions matched that claim too. The court found that joyriding was indeed a valid option for the jury to consider, and since the jury’s decision did not support the idea of him wanting to permanently take the truck, he deserved a fair chance to contest the lesser charge. Because of this, the court ruled that the prior judgment was reversed, and a new trial was ordered.

Continue ReadingF-2000-1262

F-2000-483

  • Post author:
  • Post category:F

In OCCA case No. F-2000-483, Debra Gorrell appealed her conviction for several drug-related crimes. In a published decision, the court decided to reverse one of Gorrell's convictions but affirmed the others. One judge dissented. Debra Gorrell was found guilty of crimes including unlawful possession of methamphetamine with intent to distribute, and other drug-related charges. She was sentenced to a total of many years in prison. During her appeal, Gorrell raised several arguments against her convictions. Gorrell argued that the court shouldn't have allowed evidence about her past crimes. She also said she was punished too many times for the same actions and claimed that part of the law used against her was unfair. She disputed the evidence stating she had methamphetamine in front of a child, claimed the testimonies used against her weren't reliable, and said the jury wasn't properly instructed about the crimes. The court reviewed all arguments and found that most of Gorrell's claims did not hold up. They decided that the evidence against her was strong enough for the other convictions. However, they found that Gorrell's conviction for maintaining a dwelling for drug use was not fair, and this conviction was reversed. In the end, the court upheld her other convictions but ordered a new trial for the one related to maintaining a dwelling for drug use.

Continue ReadingF-2000-483

F-2001-319

  • Post author:
  • Post category:F

In OCCA case No. F-2001-319, Jan V. Stout appealed her conviction for Grand Larceny. In a published decision, the court reversed her conviction and remanded the case. One judge dissented. Stout was charged with Grand Larceny in Pawnee County. She was found guilty by a jury and was sentenced to three years in prison and a $10,000 fine. However, the judge put her on probation instead of sending her to prison right away. Stout had to pay back $8,500, cover court costs, and spend 90 days in jail. Stout argued that the evidence against her was not good enough. She felt that the testimony from her accomplice, Jacqueline Thompson, was questionable and claimed that she was unfairly treated during the trial. Stout believed that the statements made by the prosecutor misled the jury about Thompson’s guilty plea deal, which affected her right to a fair trial. The court found that there was some evidence linking Stout to the crime, particularly the discovery of stolen items in her office. However, concerns were raised about Thompson’s credibility because the prosecutor had made incorrect statements about her plea deal during the trial. The prosecutor repeatedly said that Thompson's sentence was longer than it actually was, which could lead the jury to doubt Thompson's truthfulness. The judges agreed that the prosecutor's misleading statements about the plea deal were a serious problem. Because Thompson's testimony was crucial to Stout's case, and the jury might have viewed her differently if they had understood the deal correctly, the court determined that Stout's trial was unfair. In conclusion, Stout's conviction for Grand Larceny was reversed, meaning she would not serve time for that crime, and the case was sent back to the lower court for another trial.

Continue ReadingF-2001-319

F-2001-10

  • Post author:
  • Post category:F

In OCCA case No. F-2001-10, Todd O'Shay Coburn appealed his conviction for Shooting With Intent to Kill and Assault with a Dangerous Weapon. In a published decision, the court decided to affirm the judgment of the trial court but modified the sentences to thirty-five years on each count to be served consecutively. One judge dissented.

Continue ReadingF-2001-10

F-2000-1308

  • Post author:
  • Post category:F

In OCCA case No. F-2000-1308, Recil Gravitt appealed his conviction for Distribution of a Controlled Dangerous Substance, Maintaining a Dwelling for Drugs, and Possession of a Controlled Dangerous Substance in the Presence of a Minor. In an unpublished decision, the court decided to affirm the convictions, but modified the fine on Count I to $10,000. One judge dissented.

Continue ReadingF-2000-1308