Trial Errors

F-2018-738

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This document is a summary opinion from the Oklahoma Court of Criminal Appeals regarding the case of Keith Lorenzo Sumpter, who was convicted of Indecent or Lewd Acts with a Child Under Sixteen. Sumpter was sentenced to thirty-five years in prison and appealed his conviction on multiple grounds, asserting errors related to hearsay, the admission of previous testimony, prosecutorial misconduct, and the accumulation of errors leading to an unfair trial. The court addressed each of Sumpter's assertions: 1. **Hearsay and Affidavit**: The court ruled that the trial court did not err in excluding an affidavit by the victim's mother, LaLethia Frederick, which was deemed to be self-serving hearsay without sufficient corroborating evidence to establish its trustworthiness. 2. **Cross-Examination Issues**: The court found that there was no error in admitting Frederick's Preliminary Hearing testimony since defense counsel had ample opportunity to cross-examine her about the lewd conduct allegations. 3. **Reliability of Testimony**: The court determined that the Preliminary Hearing testimony was reliable as it was given under oath and was subject to thorough cross-examination, thereby satisfying legal standards for admissibility. 4. **Federal Due Process**: Sumpter's argument that federal due process mandated the admission of the affidavit was dismissed, as the affidavit did not meet the criteria for reliability or critical importance to his defense. 5. **Prosecutorial Misconduct**: Allegations regarding improper commentary by the prosecutor during closing arguments were evaluated and deemed insufficient to constitute grounds for a fair trial violation. 6. **Cumulative Errors**: The court concluded that because none of Sumpter's claims of error were sustained, the cumulative error argument lacked merit. Ultimately, the Court affirmed the judgment and sentence imposed by the lower court. This summary opinion highlights various legal principles regarding hearsay evidences, the confrontation rights of defendants, and the latitude allowed for prosecutorial arguments, culminating in the decision that Sumpter's trial was conducted fairly despite his claims.

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F-2018-481

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In OCCA case No. F-2018-481, Derrick Lamont Garrett appealed his conviction for kidnapping and burglary in the first degree. In an unpublished decision, the court decided to affirm Garrett's conviction. One judge dissented. Garrett was tried and found guilty by a jury for kidnapping and burglary. He was sentenced to twenty years in prison for each count, with the sentences running one after the other. Garrett's appeal raised several points of error regarding his trial, such as claims that there wasn't enough evidence to support his convictions, that some evidence was wrongly excluded, and concerns about the jury selection process. The court looked carefully at the arguments and decided that the trial was fair, and the evidence was sufficient to support the jury’s guilty verdicts. They noted that Garrett had requested specific jury instructions that he later challenged, which the court found was not a valid complaint. They also stated that the eyewitness testimony was handled correctly and that the exclusion of some evidence didn’t violate Garrett's rights. Regarding the jury selection, the court stated that Garrett did not prove any discrimination occurred in the way jurors were chosen. Since they found no significant errors in the trial, they affirmed the conviction, meaning Garrett must continue to serve his sentences.

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F-2016-62

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In OCCA case No. F-2018-360, McNeary appealed his conviction for lewd acts with a child under 16. In an unpublished decision, the court decided to affirm the conviction. No one dissented. Goldy Romeo McNeary was found guilty by a jury for two counts of committing lewd acts with a child under 16 years old. The jury sentenced him to ten years in prison for each count, and these sentences were ordered to be served one after the other. The court also decided that McNeary must serve 85% of his sentence before he could be considered for parole. McNeary appealed his conviction, arguing several points. First, he claimed that the trial court wrongfully allowed evidence of other bad acts, which he said made his trial unfair. Second, he said that this evidence was more harmful than helpful, violating his right to a fair trial. Third, he argued that the trial court did not give the jury proper instructions about how to use this evidence. Fourth, he felt that the trial court was wrong to not allow him to present evidence about Speck Homes, where the acts took place. Lastly, he believed that when considering all the errors together, they warranted a new trial. For the first two points, the court looked at whether the admission of the other crimes evidence was an obvious mistake and if it affected McNeary’s rights. They concluded that even if there was a mistake, it did not change the outcome since there was clear evidence of his guilt. Thus, the evidence did not rise to the level of a serious error. For the third point, the judge had promised to give instructions about the other crimes evidence but failed to do so at the right time. However, since the judge provided some instructions later, the court found no harm was done to McNeary from this. On the fourth point about Speck Homes, the court reasoned that the evidence was not allowed mainly because it was not relevant and also tried to avoid bad effects such as confusion. The trial judge made a choice based on their understanding of the law, and the appellate court did not find it to be a mistake. Lastly, the court examined McNeary's claim that all the errors combined were enough to grant him a new trial. They determined that no significant individual errors had occurred that would justify this request. In conclusion, the court upheld the judgment and sentencing, affirming McNeary’s conviction without any dissent from the other judges involved.

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F-2018-359

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In OCCA case No. F-2018-359, Antonio Tiwan Taylor appealed his conviction for robbery with a firearm, conspiracy to commit a felony, and being a felon in possession of a firearm. In an unpublished decision, the court decided to affirm his convictions. One judge dissented. Taylor was found guilty of robbing a home along with two other men. During the robbery, they used guns and threatened the residents, forcing them to the floor and taking their belongings. After the robbery, one of the witnesses, Felicia Alvarado, identified Taylor as one of the robbers. Alvarado explained that even though Taylor wore a bandanna over his face, she saw his face clearly when it fell off for a moment. A couple of weeks later, the police found jewelry that had been taken during the crime in Taylor's possession. Another accomplice in the robbery, who had pleaded guilty, also testified against Taylor, naming him as a participant. Although that person changed his story during Taylor's trial, the court still considered his initial statement as evidence. Taylor raised multiple points in his appeal. He argued that the evidence wasn’t enough to prove he was guilty. The court disagreed, stating that the witness's strong identification of him and the jewelry found with him provided enough evidence. Taylor also argued that the trial court should have instructed the jury to be cautious about eyewitness testimony. The court ruled that since there was solid evidence, the instruction wasn't necessary. Next, Taylor claimed it was unfair to convict him for both robbery and gun possession since they were connected to the same crime. The court found no issue with this and explained that the laws allowed for separate convictions in these cases. Finally, Taylor argued that all these points together should lead to a new trial. However, since the court found no errors in the points raised, they denied this request as well. In conclusion, the court upheld the original sentences of thirty years for the robbery counts and ten years for the other charges.

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F-2017-639

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In OCCA case No. F-2017-639, Christopher Lantz Wildman appealed his conviction for First Degree Manslaughter. In a published decision, the court decided that his conviction would be upheld. One judge dissented. Christopher Wildman was found guilty by a jury of killing someone and was sentenced to 12 years in prison. He was awarded credit for the time he served before the trial. Wildman argued several points in his appeal, claiming that his rights were violated during the trial. First, he said the evidence didn’t prove he wasn’t acting in self-defense, which is an important legal argument in these cases. He believed that if the evidence did not convince the jury beyond a reasonable doubt that he acted with wrongful intent, he should not have been convicted. However, the court found that there was enough evidence suggesting he did not act in self-defense. Wildman also claimed that his trial was unfair because some evidence showed bad character, and that the trial court did not properly instruct the jury on how to consider that evidence. The court reviewed this point and decided that the evidence presented was not overly prejudicial, so it allowed the trial to continue without a limiting instruction. He argued prosecutorial misconduct, which means he felt the prosecutor acted inappropriately during the trial. Wildman argued that remarks made by the prosecutor affected his right to a fair trial. The court noted that comments made by the prosecutor were not serious enough to change the outcome of the trial and were in response to claims made by Wildman. Wildman believed that his attorney did not perform well and that he should have had a better defense. The court examined this claim closely. It stated that for someone to prove their lawyer was ineffective, they need to show that their lawyer's performance was very poor and that it influenced the trial's outcome. The court found that Wildman's lawyer did not make serious mistakes. Additionally, he felt that some evidence about the victim’s habits was improperly allowed into the trial. However, since he did not object to this evidence during the trial, it made it harder for him to appeal this point later. Finally, Wildman argued that all these errors combined led to an unfair trial. The court did not find any significant errors, so they upheld the conviction. In conclusion, the court affirmed Wildman's conviction and sentence, stating that the original trial was fair and proper according to the evidence and legal standards.

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F-2014-942

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In OCCA case No. F-2014-942, Eric Josiah Mardis appealed his conviction for Lewd Acts With a Child Under Sixteen and Engaging in a Pattern of Criminal Offenses in Two or More Counties. In a published decision, the court decided to affirm his convictions but modify his sentences. Two judges dissented regarding the sentence modification. Mardis was found guilty by a jury for multiple counts of lewd acts against a child and received very harsh sentences of 100 years for each of the first five counts and 2 years for the last count, which were to be served one after the other. He questioned the fairness of his trial by stating that the prosecution used information from his mental health records improperly. The court found that while the trial had some errors, they did not significantly harm the fairness of the trial regarding his guilt. However, these errors did affect how the jury decided on his punishment, leading to a modification of those sentences. In his appeal, Mardis raised several concerns, including that his long sentences were cruel and unusual since he was a minor when he committed the offenses. The court noted that he was not given a sentence of life without parole and would have a chance for parole after serving part of his sentence. This meant he had an opportunity for early release based on his behavior and rehabilitation. Mardis also questioned whether there was enough evidence to support his convictions and claimed that his right to confront witnesses was violated when the testimony of a physician’s associate was allowed. The court rejected these claims, finding that there was sufficient evidence to support the jury's decision and that the use of some statements for medical diagnosis purposes did not violate his rights. In summary, his convictions were upheld, but due to the mistakes made during the trial, Mardis's sentences were reduced to 50 years each for the first five counts. This means he would serve a total of 52 years with the last count included. The final decision reflected the need for a fair process while recognizing the severe nature of the crimes committed. Mardis's appeal was partially successful, leading to a lesser punishment than initially given, which was seen as a fair outcome given the legal issues at hand.

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F-2012-732

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In OCCA case No. F-2012-732, Omar Sharrod Pollard appealed his conviction for Unlawful Distribution of a Controlled Dangerous Substance (crack cocaine). In an unpublished decision, the court decided to affirm Pollard's conviction but modified his sentence. One Justice dissented. Here’s a breakdown of what happened in this case: 1. **Background**: Pollard was tried by a jury and found guilty of selling crack cocaine. He had prior felony convictions, which were used to enhance his sentence. The jury decided on a punishment of forty years in prison. 2. **Issues on Appeal**: Pollard raised several points in his appeal: - He claimed that he did not receive a fair trial due to the admission of multiple felony convictions from the same event to enhance his sentence. - He alleged prosecutorial misconduct that he believed made his trial unfair. - He argued that he did not receive effective help from his lawyer during the sentencing phase. - He said that information about his previous suspended sentences should not have been shared with the jury during the trial. - He questioned whether there was enough evidence for his conviction. - He thought his sentence was too long. - He claimed the accumulation of errors in his trial prevented a fair process. 3. **Court's Findings**: The court reviewed Pollard's claims. They concluded that while he did not need to reverse the conviction, his sentence needed to be adjusted. The court acknowledged two specific errors concerning how the State presented Pollard's prior convictions and the details of his past sentences to the jury. 4. **Errors Identified**: - It was wrong for the jury to hear about Pollard’s multiple felony convictions from the same incident. The law states that for estimating punishment, the jury should only be aware of one conviction from a single event. - Additionally, disclosing that some of his previous sentences were suspended was inappropriate. This information could have biased the jury against him and influenced their decision on sentencing. 5. **Conclusion**: The court felt that these mistakes likely swayed the jury's decision on Pollard's punishment. Therefore, they decided to reduce Pollard's prison sentence from forty years to twenty-five years. The judgment of the district court was affirmed, but Pollard's sentence was modified to a lesser term of 25 years in prison.

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F-2004-914

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In OCCA case No. F-2004-914, Mark Wayne Johnson appealed his conviction for Child Sexual Abuse. In a published decision, the court decided to reverse the conviction and order a new trial. One judge dissented. Mark Wayne Johnson was found guilty of Child Sexual Abuse and sentenced to twenty years in prison along with a fine. He believed that his lawyer did not do a good job during the trial. Johnson pointed out that his lawyer failed to bring in expert witnesses who could have helped his case and also did not challenge important evidence properly. Johnson raised several issues in his appeal. He claimed that the trial judge acted unfairly by scolding his lawyer in front of the jury. This made Johnson feel that he did not get a fair trial. He also argued that important evidence and witness credibility were not handled properly by the trial court, and that numerous mistakes made by his lawyer affected the outcome of the trial. The court reviewed these claims and found that there were many significant errors in how Johnson was represented. The judges said that Johnson's lawyer did not cross-examine witnesses properly or address inconsistencies in the testimonies. They concluded that all these mistakes could have changed the trial's outcome, meaning Johnson did not receive the fair trial he deserved. As a result of these findings, the court reversed Johnson's conviction and ordered a new trial.

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F-2004-907

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In OCCA case No. F-2004-907, David Wayne Robbins appealed his conviction for the Manufacture of a Controlled Dangerous Substance, Possession of a Firearm After Former Felony Conviction, and Possession of Drug Paraphernalia. In a published decision, the court decided to affirm his convictions but modify his sentences to fifty years for each of the first two counts, which would be served one after the other. One member of the court dissented.

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F-2004-82

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In OCCA case No. F-2004-82, Billy Dale Lathrop appealed his conviction for multiple crimes, including conspiracy to manufacture methamphetamine and child endangerment. In a published decision, the court decided to affirm the convictions for conspiracy, possession of methamphetamine, possession of precursor chemicals, and possession of paraphernalia, but to reverse the convictions for child endangerment. Three judges dissented regarding one of the convictions.

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F-2001-1224

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In OCCA case No. F-2001-1224, the appellant appealed his conviction for two counts of Child Abuse. In an unpublished decision, the court decided to affirm the conviction but modify the sentences. One judge dissented. The appellant, referred to as Donnie Joe Bacon, was found guilty in the District Court of Oklahoma County. His jury trial was overseen by a judge, and the jury sentenced him to serve twenty-five years on one count of child abuse and forty-seven years on the other count. These sentences were ordered to be served one after the other. On appeal, the court looked at several arguments made by the appellant regarding his trial, including violations of his rights and errors made during the trial process. The court examined various points of error. One issue discussed was the testimony from a detective that did not follow a pretrial order, which the court said was a mistake but did not think it affected the guilt of the appellant; however, it did influence the length of the sentence. Another point was about the admission of evidence related to other crimes, which the appellant argued should not have been allowed in the trial. The court agreed that some of this evidence about other bad acts was not relevant and should not have been presented, yet again concluded it did not change the verdict of guilt but might have influenced the sentence. The court also looked into whether the prosecution failed to share important information with the defense and whether the appellant's lawyer did a good job representing him. They decided that the mistakes made by the defense lawyer mostly dealt with the other crimes evidence and didn't significantly impact the guilty verdict. In the end, the court affirmed the conviction of Donnie Joe Bacon but modified the punishment, reducing it to twenty years on each count, which would still be served consecutively. While most of the judges agreed with this decision, one judge wanted to reverse the conviction and order a new trial.

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F 2002-869

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In OCCA case No. F 2002-869, Bennie Jay Edwards, Jr., appealed his conviction for Concealing Stolen Property and Breaking and Entering. In an unpublished decision, the court decided to affirm the convictions but modified the sentence for Concealing Stolen Property to ten years imprisonment. One member of the court dissented. Bennie Jay Edwards, Jr. was found guilty in a trial that took place in May 2002. The jury decided he should go to prison for 30 years for the first crime, which was concealing stolen property, and one year for the second crime, which was breaking and entering. These sentences were set to happen at the same time, meaning he would serve the longest one. After the trial, Edwards appealed, saying that there were mistakes during the trial and that he did not get a fair chance to defend himself. His lawyers said the jury was told the wrong information about how long he could be sentenced for his crime of concealing stolen property. The proper punishment should have been four years to life in prison, but the jury was told it could be no less than 20 years. After looking into the issues raised by Edwards, the court decided that he did not lose his chance for a fair trial because of the mistakes that were made about the instructions. However, they agreed that the jury was given the wrong information about the punishment for his first conviction. Because of this error, the court changed the sentence for his first conviction from 30 years to 10 years. The second conviction remained the same. The court explained that even though there were some mistakes, they did not think those mistakes were serious enough to change the conviction itself, just the sentence. In the end, the court found Edwards guilty but reduced his punishment for one of the crimes due to the trial mistakes related to jury instructions.

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F 2002-532

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In OCCA case No. F 2002-532, James Jermaine Woodfork appealed his conviction for multiple crimes, including Kidnapping, Assault and Battery with a Dangerous Weapon, Domestic Abuse, and other offenses. In a published decision, the court decided to uphold some of his convictions while reversing others and sending them back to the District Court for dismissal. One member of the court dissented. Woodfork had been found guilty of various charges after a jury trial. He received significant sentences for his convictions, including 25 years for Kidnapping and 30 years for Assault and Battery with a Dangerous Weapon. However, he raised concerns about double jeopardy, arguing that his multiple convictions for similar offenses involving different victims should not have occurred. The court agreed with him on some counts and reversed those convictions. Additionally, the court examined claims of trial errors and prosecutorial misconduct. Even though the prosecutor made some inappropriate comments during the trial, the court concluded that these did not significantly affect the overall fairness of the trial or the jury's decision, so they did not lead to a reversal of the sentence. In summary, some of Woodfork's convictions were upheld, while others were reversed, and he was given a chance for those to be dismissed. This case highlights important legal principles about multiple charges and the rights of defendants in a criminal trial.

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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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F-2002-106

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In OCCA case No. F-2002-106, Christian Satterfield appealed his conviction for Attempted Manufacture of a Controlled Dangerous Substance (Count I), Possession of a Precursor (Count II), and Possession of a Firearm While Committing a Felony (Count III). In an unpublished decision, the court decided to affirm Counts I and III and reverse Count II with instructions to dismiss. One judge dissented. Satterfield was found guilty of attempting to make a dangerous drug and also having items that could be used to make that drug. During the trial, Satterfield's jury said he should be in prison for a total of forty-two years. The court also decided he should pay a big fine. Satterfield's lawyers argued that he shouldn’t be punished for both attempting to make a drug and having items to help make that drug because it was unfair to be punished twice for similar actions. The court agreed and decided that the conviction for having those items should be reversed. They also looked at whether some rules were followed in Satterfield's trial. They decided that even though the lawyers from the Oklahoma Bureau of Narcotics had a big role in the case, it didn’t mean Satterfield didn’t get a fair trial. They said the jury had the right instructions about punishments, despite the defense’s claims. The court found evidence used in the trial was okay and supported Satterfield's conviction for using a gun while committing a felony. In the end, Satterfield's sentences for the first and last counts of his conviction were kept, but they reversed the second count, which meant the charges for possession of a precursor were dropped. The judges all agreed on most parts of the decision, but one judge felt that the way the jury was told about the punishment wasn’t right and thought Satterfield should have received a shorter sentence based on newer laws.

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F-2002-9

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In OCCA case No. F-2002-9, Amy Michelle Green appealed her conviction for Possession of a Controlled Dangerous Substance and Possession of Drug Paraphernalia. In an unpublished decision, the court decided to affirm the judgment and modify the sentence. One judge dissented regarding the modification of the sentence. Amy was found guilty after a trial where the jury decided that she was guilty of having illegal drugs and drug-related items. The jury decided her punishment should be ten years in prison for the drugs and one year for the drug paraphernalia. The judge in the trial court ordered that she serve these sentences one after the other, making it a total of eleven years. Amy argued that there were mistakes made during her trial that made her punishment too severe. One big issue was that a day planner with a graphic photo of her was accepted as evidence, even though it was meant to prove she controlled the hotel room where it was found. She argued that the planner was unfair and should not have been used against her since other personal items also proved her control over the room. The court agreed that the day planner shouldn't have been used to influence the jury because it could lead to unfair judgment against her. They believed that the mistakes in her trial did affect the outcome, leading to an excessive sentence. Therefore, they changed her sentence to six years for the controlled substance charge to be served at the same time as her one-year sentence for the paraphernalia. Overall, the court kept her conviction but lessened the time she had to serve in prison.

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F-2001-692

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In OCCA case No. F-2001-692, William Ray Pratt appealed his conviction for First Degree Rape by Instrumentation and Child Sexual Abuse. In an unpublished decision, the court decided to affirm the convictions and sentences for most counts but reversed one count due to lack of evidence. One member of the court dissented. Pratt was found guilty of several serious crimes against a child and was sentenced to a total of 45 years in prison, with the sentences for each count set to run one after the other. He challenged his conviction on several grounds, which were carefully reviewed by the court. First, Pratt argued that evidence of other crimes against him should not have been allowed in the trial. The court found that this evidence was considered appropriate because it showed similar behavior. Next, Pratt claimed there were mistakes made during the trial that hurt his chance for a fair trial. The court disagreed, saying that the mistakes did not significantly affect the outcome of his trial. Finally, Pratt mentioned that there was not enough evidence for one of the counts against him. The court agreed with this, stating that the required proof of penetration was missing for that specific count, leading them to reverse the conviction for that charge and instruct the lower court to dismiss it. Overall, while Pratt's appeal was partially successful, the court upheld most of his convictions and sentences.

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F-2001-1338

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In OCCA case No. F-01-1338, Henderson appealed his conviction for Distribution of a Controlled Substance (Cocaine) and Conspiracy to Distribute a Controlled Dangerous Substance. In an unpublished decision, the court decided to affirm the conviction for Distribution of a Controlled Substance but dismissed the Conspiracy charge. One judge dissented. Henderson was found guilty by a jury of distributing cocaine and conspiracy to distribute it. The jury recommended a total sentence of thirty-five years for each count, to be served one after the other, along with a hefty fine. On appeal, Henderson raised several issues. He argued that his two convictions were unfair because they were based on the same act, leading to double punishment, which is not allowed. The court agreed with this point and dismissed the conspiracy conviction. The court noted that even though a conspiracy usually stands as a separate crime, in this case, the charges were very closely related and relied on the same actions. Because of this, the law was not followed correctly. While Henderson's other claims about the trial were considered, the judges found them to lack enough merit to change the outcome. The court concluded that enough evidence supported his conviction for distributing cocaine, so that part of the case remained in place, while the conspiracy charge was dropped. Overall, the final decision was that the court upheld the guilty verdict for distribution but reversed the conspiracy conviction.

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