Trial Judge

F-2018-1137

  • Post author:
  • Post category:F

This document is a summary opinion from the Court of Criminal Appeals of the State of Oklahoma regarding the appeal of Parron Lavon Burrus. Burrus was convicted of conspiracy to distribute methamphetamine and possession of a controlled substance with intent to distribute, after being found guilty by a jury in the District Court of Caddo County. The court sentenced him to 30 years in prison for the first count and 25 years for the second, running consecutively. In the appeal, Burrus contended that the sentences were excessive and should be modified. He argued that the offenses were interconnected and that the trial court exhibited prejudice against him during sentencing, referencing the requirement for his testimony to be under oath and the judge's prior role in prosecuting him. However, the appellate court affirmed the trial court's judgment and sentence. The court noted that the sentences fell within the statutory range, that there is no constitutional right to concurrent sentences, and that Burrus did not demonstrate that the trial judge's actions or previous involvement in prior prosecutions caused an unfair sentencing outcome. The court concluded that there was no abuse of discretion in sentencing, emphasizing the separate nature of the offenses committed by Burrus. In essence, the appeal was denied, and the court's decision was upheld, confirming the sentences imposed on Burrus.

Continue ReadingF-2018-1137

F-2018-623

  • Post author:
  • Post category:F

The document outlines a legal case involving Leslie Anne Gregersen who was convicted of Conspiracy Against the State in the District Court of Bryan County, Oklahoma. The Court of Criminal Appeals affirmed her conviction and sentence on October 31, 2019. The case revolved around several allegations made by Gregersen pointing to various errors during the trial, including insufficient evidence for conspiracy, improper admission of evidence from other crimes, ineffective assistance of counsel, improper jury instructions, excessive sentencing, and cumulative errors. Key findings from the case: 1. **Sufficiency of Evidence**: The court found sufficient evidence to support the jury's verdict of conspiracy, affirming that a rational trier of fact could have concluded that Gregersen was guilty beyond a reasonable doubt. 2. **Admission of Evidence**: The testimony regarding other crimes was deemed proper as res gestae evidence, necessary to provide context and understanding of the events surrounding the charged crime. 3. **Ineffective Assistance of Counsel**: The court ruled that Gregersen failed to demonstrate that her counsel's performance was deficient or that it prejudiced her defense. 4. **Jury Instructions and Responsibilities**: The trial court's handling of jury questions regarding sentencing did not mislead the jury about their responsibilities, and any potential errors did not affect the fairness of the proceedings. 5. **Excessive Sentence**: The court concluded that Gregersen's four-year sentence was not shockingly disproportionate to her crime. 6. **Plea Bargaining Deadline**: The court found no error regarding the deadline set for plea bargaining, noting that Gregersen had rejected a plea offer prior to the deadline and had not shown how she was prejudiced. 7. **Cumulative Error**: Since the court did not find merit in any of the individual claims of error, the cumulative error claim was also denied. Overall, all propositions of error were denied, and the judgment and sentence were affirmed.

Continue ReadingF-2018-623

F-2018-542

  • Post author:
  • Post category:F

In OCCA case No. F-2018-542, Charles Henry Tarver, Jr. appealed his conviction for Possession of Controlled Dangerous Substance with Intent to Distribute and Unlawful Possession of Drug Paraphernalia. In an unpublished decision, the court decided that relief was required, and the case was remanded to the district court with instructions to dismiss. One judge dissented. Charles Henry Tarver, Jr. was tried by a jury and convicted of having illegal drugs with the intent to sell them and for having drug paraphernalia. He was given a long prison sentence and a fine. Tarver appealed this decision because he believed that the evidence used against him was obtained illegally when a police officer stopped him for a minor traffic violation. The events leading to Tarver's arrest happened on May 23, 2016. A deputy police officer stopped Tarver because the light on his truck’s license plate wasn’t working. During this stop, the officer noticed that Tarver was very anxious and had trouble staying still. Instead of quickly giving him a ticket and letting him go, the officer waited for backup and a dog trained to detect drugs. While waiting, the officer searched Tarver's truck, finding illegal drugs. Tarver argued that this search was not allowed under the law because it happened without enough reason to keep him there longer than necessary for the traffic stop. Initially, the judge at Tarver’s trial ruled that the stop was legal, but he did not consider whether the stop went on too long without proper reasons. This was an important mistake because the law says that once the reason for a stop is handled, the police cannot keep someone for longer without having a good reason to think that person is doing something illegal. The appeals court reviewed the case and found that the trial judge had incorrectly placed the burden of proving that the police action was legal on Tarver instead of where it should have been on the state. The appeals court agreed that the stop was carried out longer than necessary, and the police officer did not have enough solid reasons to justify keeping Tarver there longer than the original traffic issue. The court decided to reverse Tarver's convictions and told the district court to dismiss the charges against him because the search that found the drugs was not properly justified. One judge disagreed with this outcome, arguing that the police acted reasonably based on their experiences and knowledge about Tarver. This dissenting opinion held that the evidence might still be good enough to uphold the conviction. In the end, the decision meant that Tarver would not have to serve time for these charges, as the evidence against him was deemed to have been collected improperly.

Continue ReadingF-2018-542

F-2017-1099

  • Post author:
  • Post category:F

In OCCA case No. F-2017-1099, Willie Donnell Jackson appealed his conviction for Rape in the First Degree-Victim Unconscious. In an unpublished decision, the court decided to affirm Jackson's conviction and sentence. One judge dissented. Willie Donnell Jackson was found guilty by a jury for a serious crime involving a victim who was unconscious. The jury suggested that he spend life in prison without the chance to get out, but the trial judge decided to give him a chance for parole after a long time instead. Jackson didn't agree with this decision and said there were errors made during the trial that affected his rights. Jackson raised five main arguments on appeal. First, he said that the prosecutor acted improperly during the trial, which made it unfair. He claimed this had a cumulative effect and harmed his chance for a fair trial. Second, he thought the judge didn't give the jury the right instructions, which was another error. The third point was about his lawyers not helping him enough, meaning that he didn't get the proper support he needed during the trial. Fourth, Jackson believed that the prosecutor's actions led to a sentence that was too harsh compared to what happened. Finally, his last argument was that all the mistakes added up to deny him a fair trial and the legal protections he should have received. After looking at everything presented during the appeal, the judges decided there were no significant errors that would change the outcome of the trial. They did not agree with Jackson's claims, concluding that his trial was fair. As a result, they upheld the original decision and affirmed his sentence, meaning Jackson must serve a long time in prison. The judges, in concise language, rejected all of Jackson's claims, confirming that he did not prove that any errors affected the fairness of his trial or the severity of his sentence, leading to the final ruling.

Continue ReadingF-2017-1099

F-2016-626

  • Post author:
  • Post category:F

In OCCA case No. F-2016-626, Christopher Shane Lee Fuentez appealed his conviction for Conjoint Robbery and Possession of a Firearm. In an unpublished decision, the court decided to reverse and remand the case with instructions to dismiss the charges. One judge dissented. Summary: Christopher Shane Lee Fuentez was found guilty by a jury of two crimes: Conjoint Robbery and Possession of a Firearm. He was sentenced to 20 years for the robbery and 3 years for the firearm charge, both sentences to run at the same time. The case was appealed because Fuentez argued that he shouldn’t have been tried again after his first trial ended in a mistrial, which he believed happened without good reason. The court agreed with Fuentez, stating that the reasons for declaring a mistrial did not meet the standard of manifest necessity. This meant that the judge who ordered the mistrial didn’t have the right reasons to stop the trial. It was important for Fuentez to have his trial finished by the jury that was already picked, and the court found that the trial judge should have considered other less drastic options before calling for a mistrial. Therefore, the court reversed Fuentez's convictions and instructed to dismiss the charges because he had already been tried once. The decision also meant that the other reasons he gave for appeal didn’t need to be looked at anymore. One judge disagreed with the majority opinion, believing that the mistrial was warranted because of Fuentez's actions in trying to influence witnesses.

Continue ReadingF-2016-626

F-2016-229

  • Post author:
  • Post category:F

In OCCA case No. F-2016-229, Marcus Stephon Miller appealed his conviction for murder and possession of a firearm. In an unpublished decision, the court decided to affirm his conviction for possession of a firearm but vacated and remanded his convictions for second-degree murder for resentencing. One judge dissented from the decision to remand for resentencing. Miller was charged with two counts of first-degree murder and one count of possession of a firearm while under supervision. A jury convicted him of lesser charges of second-degree murder for the first two counts and of possession of a firearm for the third count. Miller received sentences of 25 years for each murder count and 5 years for the firearm count, with the sentences scheduled to run one after the other. Miller argued that errors were made during his trial. He claimed that the trial court did not follow the right procedures for splitting his trial into stages, which affected his right to a fair trial. He pointed out that the jury was not properly instructed and that misconduct happened from the prosecution's side. He also believed his lawyer did not help him enough during the trial and that the judge wrongly refused to give him credit for time served in jail before sentencing. After looking over the case, the court found that while the trial had some mistakes, they didn’t actually hurt Miller's case enough to impact the verdict for the possession charge. However, they agreed that the trial court made a significant mistake in how it handled sentencing for the murder counts, mainly because it allowed the jury to consider his previous convictions when they should not have. The court decided that the sentencing for the second-degree murders had to be thrown out and that Miller would need to be resentenced, but his conviction for possession would stay. In dissent, one judge noted that the errors made during trial did not affect Miller's rights since he received a relatively lenient sentence given the seriousness of the crimes he was convicted for. The judge believed that the mistakes did not warrant a new sentencing for the murder counts because the nature of the charges and the consequences indicated that the overall outcome would not change. In conclusion, while Miller's appeal was partly successful, with the court affirming his conviction on one count and ordering a new sentencing for the other two, the dissenting opinion felt that the original sentencing should stand.

Continue ReadingF-2016-229

F-2016-179

  • Post author:
  • Post category:F

In OCCA case No. F-2016-179, John Stanton Lewis appealed his conviction for possession of a controlled dangerous substance and other related offenses. In an unpublished decision, the court decided to affirm Lewis's convictions for three counts and modify his conviction for one count from a felony to a misdemeanor, resulting in a shorter sentence. One judge dissented. Lewis was convicted in a district court for several counts involving drugs and a firearm. The jury sentenced him to different terms, including 15 years for possession of methamphetamine after previous felonies, 2 years for firearm possession, 4 years for marijuana possession, and 90 days for drug paraphernalia. The court made these sentences consecutive and gave him credit for time served. Lewis raised four main arguments on appeal: 1. **Illegal Search**: He argued that evidence against him should not have been used because it was obtained through an illegal search. The court found that the initial entry into his mobile home by law enforcement was legal since it was during a fire incident and they were investigating. Therefore, this argument was denied. 2. **Jury Instructions**: Lewis contended that the jury was not properly instructed on the possible punishments for his offenses, particularly about the enhancement of his charges due to prior convictions. The court agreed that there was a plain error concerning the instruction for the marijuana possession charge, modifying it to reflect a misdemeanor instead of a felony. His sentence for that charge was reduced from four years to one year. 3. **Evidence for Firearm Charge**: He claimed the evidence was insufficient to convict him for possession of a firearm because the state did not prove the firearm he had was capable of firing. The court found that it is not necessary to prove whether the gun could fire for a conviction under the law, so this argument was denied. 4. **Ineffective Counsel**: Lewis argued that his lawyer did not do a good job representing him. The court noted that proving ineffective counsel requires showing that the lawyer's mistakes affected the outcome of the trial. Lewis couldn't prove his lawyer was ineffective in this case because the range of punishment given was correct, and therefore, this claim was denied. Ultimately, the court affirmed the convictions for several charges, but modified the marijuana possession conviction to reflect a misdemeanor resulting in a shorter sentence. The judgments overall were mostly upheld.

Continue ReadingF-2016-179

M-2016-108

  • Post author:
  • Post category:M

In OCCA case No. M-2016-108, Marty Spence Duncan appealed his conviction for Domestic Abuse - Assault and Battery and Assault. In a published decision, the court decided to reverse Duncan's judgment and sentence and remand for a new trial because the record did not show that he had waived his right to a jury trial. One judge dissented.

Continue ReadingM-2016-108

F-2015-933

  • Post author:
  • Post category:F

In OCCA case No. F-2015-933, Thompson appealed his conviction for Unauthorized Use of a Motor Vehicle and Knowingly Concealing Stolen Property. In an unpublished decision, the court decided to affirm the judgment on Counts 1 and 2 but reversed the judgment on Count 3 with instructions to dismiss. One judge dissented. Thompson was found guilty of three crimes related to stolen property after a jury trial. He was sentenced to six years in prison for unauthorized use of a vehicle and eight years for each count of concealing stolen property. The sentences were arranged so that the two eight-year sentences would run together, while the six-year sentence would be added afterward. He was also fined $100 for each offense. Thompson raised several issues in his appeal. First, he argued that he should not have been convicted twice for concealing stolen property. He believed that since he acted only once when hiding the stolen items, charging him with two counts was unfair. The court agreed with him on this point and found that it was a mistake to have separate charges for items taken from different people. Next, Thompson questioned whether there was enough proof to find him guilty of unauthorized vehicle use and concealing stolen property. The court looked at all the evidence and decided there was enough to support his guilty verdict for unauthorized use of a vehicle, so that part of his conviction was upheld. Thompson also claimed that the prosecution made mistakes during the trial that harmed his chance for a fair judgment. However, the court did not find these errors serious enough to change the outcome of the trial. On the fines imposed by the trial court, Thompson argued that judges can't add fines unless the jury decides to. The court determined that the fines were allowed since the law permitted judges to impose them, even if the jury did not. Thompson felt that the judge shouldn't have made him serve the sentences for Counts 2 and 3 back-to-back after the first sentence. However, the court found that the judge's decision was within his rights and not an abuse of discretion. Overall, the court decided that none of the claimed errors were significant enough to change Thompson’s convictions except for the second count of concealing stolen property, which was dismissed. They confirmed that the remaining counts were properly upheld, leading to affirmation of most of Thompson's convictions.

Continue ReadingF-2015-933

F 2015-738

  • Post author:
  • Post category:F

In OCCA case No. F 2015-738, Richard Jerrel Jackson appealed his conviction for multiple drug-related offenses and driving with a suspended license. In an unpublished decision, the court decided to reverse and dismiss some of the charges while affirming the rest of the conviction. One judge dissented. Jackson was found guilty of possessing methamphetamine, marijuana, alprazolam, drug paraphernalia, and driving with a suspended license. His sentences included life imprisonment for the methamphetamine conviction and varying years for the other charges, all to be served consecutively. Jackson raised several arguments on appeal, mainly focusing on claims of double jeopardy, ineffective counsel, and evidence errors. The court found that it was wrong for Jackson to be convicted of possession of three drugs when they were all found together. The State agreed that this violated the rules against double punishment, leading to a reversal of the convictions related to the marijuana and alprazolam. For the other claims, including the effectiveness of Jackson's lawyer and various evidentiary issues, the court ruled largely in favor of the trial's findings, concluding that Jackson had not demonstrated any substantial harm or errors that affected his conviction significantly. This included affirming the use of prior felony convictions for sentencing enhancements and the handling of evidence during the trial. In summary, while the court dismissed two of the charges against Jackson, it upheld the others and determined that there were no significant errors in how the trial was conducted. The judges agreed on most aspects of the case, with one judge expressing a differing opinion on some points.

Continue ReadingF 2015-738

F-2014-1019

  • Post author:
  • Post category:F

In OCCA case No. F-2014-1019, Charles Leonard Bennett, III appealed his conviction for Assault and Battery with a Deadly Weapon. In a published decision, the court decided to affirm the judgment of the district court. One judge dissented. Bennett was found guilty after a trial where the judge, not a jury, listened to the case. He received a sentence of fifteen years in prison. Bennett raised several issues on appeal. He first argued that the evidence did not prove he did not act in self-defense. The court found enough evidence that a reasonable person could decide he was guilty beyond a reasonable doubt. This means they believed the victim and the facts presented at the trial supported the conviction. Bennett also wanted to argue other issues that could lead to a new trial. However, he decided to withdraw those arguments and only focus on the issues that might lead to his case being dismissed or his sentence being changed. He signed a document saying he knew what he was doing by waiving those rights. Another issue was about restitution, which is when a person convicted of a crime has to pay the victim for their losses. Bennett contested the court's order for him to pay restitution because the required paperwork showing the victim's losses was not properly presented during the trial. Since no proof of the victim's financial losses was provided, the court agreed that the restitution order was arbitrary and sent the case back to the district court to properly determine the victim's losses. Overall, while Bennett's conviction was upheld, the court required a re-evaluation of the restitution owed to the victim. The case was sent back to the district court for this purpose, but other than that, the court found no significant errors that would change the outcome of the case.

Continue ReadingF-2014-1019

F-2013-1199

  • Post author:
  • Post category:F

In OCCA case No. F-2013-1199, Gene Douglas Graham appealed his conviction for lewd molestation. In a published decision, the court decided to reverse his conviction and order a new trial. One judge dissented. Gene Douglas Graham was found guilty by a jury for lewd molestation, which is against the law. The jury decided that he should spend twenty-five years in prison. However, the judge took some time off his sentence and said he would only have to serve thirteen years and pay a fine. During the trial, Gene's arguments for appeal included that there wasn't enough evidence to prove he did something wrong, that he couldn't present a defense, and that he didn’t get a fair trial. Specifically, he said the judge made a mistake by not letting him talk about an eviction notice he received, which he thought was important to show that he knew about the accusations before he made a statement to the police. The court decided that the judge had made a mistake by not allowing Gene to talk about the eviction notice and that it was important for his defense. They believed that not being able to mention it could have affected the jury's decision. Even though the State had a strong case, the jury was still confused because they found him not guilty on two other counts related to the same victim. The judge also mentioned that talking about Gene's right to stay silent when the police questioned him was wrong and should not have happened. Gene’s lawyer didn’t object to this at the trial, so it complicated the case. However, since they found other problems, they reversed the conviction and decided he needed a new trial. In the end, the court agreed that Gene had not been treated fairly during his trial, leading them to reverse the decision and start over. This means they felt important evidence was wrongfully kept out and that he was not given a fair chance to defend himself.

Continue ReadingF-2013-1199

F-2011-962

  • Post author:
  • Post category:F

In OCCA case No. F-2011-962, Jonas Alan Thornton appealed his conviction for Assault with a Dangerous Weapon. In an unpublished decision, the court decided to reverse Thornton's conviction and remand the case for a new trial due to concerns over the impartiality of the trial judge. One judge dissented. Thornton was convicted after a non-jury trial where the judge was someone he had previously consulted while looking for legal advice regarding the case against him. The incident occurred in January 2010 when Thornton allegedly fired a handgun into a house. After being arrested, he spoke with the judge, who was not in his judge role at that time. Later, the judge was elected and presided over Thornton’s trial. During the appeal, Thornton claimed that the judge should have recused himself because of their prior interaction, which could influence how the judge viewed the case. The court found that the judge failed to follow rules requiring him to step aside, which led to a decision that Thornton did not receive a fair trial. The court stated that even though Thornton did not directly ask for the judge to disqualify himself at the time, this did not eliminate the obligation for the judge to recognize a conflict of interest. The relationship between Thornton and the judge meant that the fairness of the trial could be doubted. As a result, the court ruled that Thornton's conviction needed to be reversed, and he would get a new trial. This decision effectively set aside the earlier trial's results and meant that any further claims Thornton made concerning his representation or other trial aspects were not addressed since the focus was on the impartiality of the judge.

Continue ReadingF-2011-962

C-2011-469

  • Post author:
  • Post category:C

In OCCA case No. C-2011-469, Beauchamp appealed his conviction for Feloniously Pointing a Weapon and Felon in Possession of a Firearm. In an unpublished decision, the court decided to grant Beauchamp the ability to withdraw his guilty plea and proceed to trial. One member dissented.

Continue ReadingC-2011-469

C-2012-52

  • Post author:
  • Post category:C

In OCCA case No. C-2012-52, #Green appealed his conviction for #Child Neglect, Child Abuse, and Possession of Marijuana. In an unpublished decision, the court decided #to grant the petition for a writ of certiorari and remand the case for a new hearing on Green's motion to withdraw his plea. #No one dissented. Terry Lamar Green was in trouble for neglecting and abusing a child, and for having marijuana. After he admitted to these crimes, he was given a very long prison sentence. He was supposed to spend life in prison for the neglect and abuse charges, and he also got some additional time for the marijuana possession. Green felt upset and wanted to change his mind about pleading guilty. He asked to take back his guilty plea, which is called a motion to withdraw his plea, but his lawyer wanted to quit the case because they had some disagreement about what was going on. However, the judge said the lawyer couldn’t leave. Green believed this was unfair since he really needed a lawyer who didn't have a conflict of interest to help him with the hearing about changing his plea. The court looked into Green’s arguments carefully. It noted that the lawyer had a real problem because she was worried about possibly being a witness in the case. This could affect how she represented Green, and the judge didn't seem to understand that her interests were different from Green's at that moment. This meant that Green did not get the help he truly needed when he most needed it. Because of these issues, the court decided that Green was entitled to have a different lawyer represent him at the hearing about withdrawing his plea. They needed to make sure he had someone who could defend him without any problems. The court then decided that they needed to send the case back so that Green could have a new hearing with a lawyer who didn’t have a conflict. They also noticed that there was a missing document related to his marijuana charge, so they ordered that to be fixed too. Overall, the court recognized that Green had rights that were not properly protected, so they made the decision to help him have another chance to argue his case.

Continue ReadingC-2012-52

S 2011-0024

  • Post author:
  • Post category:S

In OCCA case No. S 2011-0024, Joel Christion Aranda appealed his conviction for multiple charges including Use of a Vehicle in Discharge of a Weapon and Assault and Battery with a Dangerous Weapon. In an unpublished decision, the court decided to affirm the lower court's ruling, which had dismissed several counts against Aranda. One judge dissented, believing there was enough evidence to proceed with some of the charges.

Continue ReadingS 2011-0024

M 2009-1064

  • Post author:
  • Post category:M

In OCCA case No. M 2009-1064, Jesse Douglas Stein appealed his conviction for Domestic Abuse- Assault and Battery. In a published decision, the court decided to reverse the Judgment and Sentence and remand the matter for a new trial. One judge dissented. Jesse Douglas Stein was charged with domestic abuse and had a trial without a jury. He was found guilty and got a sentence that included some jail time and a fine. However, Jesse claimed that he did not properly give up his right to have a jury trial, which is really important. The court found that there was not enough proof that he made this choice in a clear and smart way. During the appeal, the State tried to add more information to the case, but the court decided that this new information did not prove that Jesse had given up his right to a jury trial the right way. Because of this mistake, the court said that they would send the case back for a new trial where Jesse could have a jury. The judges agreed that they needed to reverse the earlier decision because of the issues with the jury trial waiver. They did not need to look at other reasons Jesse gave for appealing since they already decided to reverse the decision and start fresh. In summary, Jesse's conviction was overturned, and he was given another chance for a trial with a jury.

Continue ReadingM 2009-1064

C-2008-273

  • Post author:
  • Post category:C

In OCCA case No. C-2008-273, Charles Bert Jones, Jr. appealed his conviction for First Degree Felony Murder, Assault and Battery with a Dangerous Weapon, and Conspiracy to Commit a Felony. In an unpublished decision, the court decided to grant Jones the ability to withdraw his plea and proceed to trial. One judge dissented. Jones entered a guilty plea for serious charges in the Oklahoma County court. The judge gave him life sentences for some counts and a ten-year sentence for another, but his requests to change this were denied. The main issue was whether he made his guilty plea knowingly, which means he understood what he was doing. The court found that there was enough evidence to say that Jones was misled by his attorney, who suggested he would get a better sentence than what the judge actually imposed. Because of this situation, the court ruled that Jones should be allowed to undo his plea and have a new trial. They ordered his case to be handled by a different judge to avoid any unfairness. The dissenting judge felt there was no strong evidence to grant Jones's request and believed the original decision should stand.

Continue ReadingC-2008-273

RE 2006-0482

  • Post author:
  • Post category:RE

In OCCA case No. RE 2006-0482, Juston Dean Cox appealed his conviction for multiple charges related to the concealment of stolen property and other offenses. In an unpublished decision, the court decided to affirm the revocation of Cox's suspended sentences but remanded the cases for resentencing to correct the terms to what was originally ordered. One judge dissented.

Continue ReadingRE 2006-0482

C-2006-649

  • Post author:
  • Post category:C

In OCCA case No. C-2006-649, Robert Earl Richardson appealed his conviction for Shooting with Intent to Kill. In an unpublished decision, the court decided to grant Richardson's request to withdraw his guilty plea, which means he will get another chance for a trial. One judge disagreed with this decision. Richardson had originally pleaded guilty to a crime and was sentenced to twenty years in prison. After his sentencing, he wanted to change his mind about the guilty plea and asked to withdraw it. However, there were delays in hearing his request. Nearly four years after he first asked, a different judge finally listened to his case but did not allow him to withdraw his plea. Richardson argued that he didn’t fully understand what he was agreeing to when he pleaded guilty. Specifically, he claimed he was not informed that he would need to serve 85% of his sentence before being eligible for parole, which is known as the 85% Rule. This is important because it means a person might spend a long time in prison before they could have a chance to be released early. During the hearing about his request, Richardson’s lawyer said he usually informs clients about this rule but could not remember if he did so with Richardson. Since there was no clear proof that Richardson was informed about it, the court ruled that he could withdraw his guilty plea. The decision was to reverse the lower court's ruling, allowing Richardson to try again and have a fair trial where he can present his side of the story.

Continue ReadingC-2006-649

F-2004-914

  • Post author:
  • Post category:F

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.

Continue ReadingF-2004-914

PC 2006-0638

  • Post author:
  • Post category:PC

In OCCA case No. PC 2006-0638, the petitioner appealed his conviction for manufacturing a controlled dangerous substance, possession of counterfeit bills, and larceny by fraud. In an unpublished decision, the court decided to reverse the lower court's denial of post-conviction relief and ordered a new trial due to ineffective assistance of counsel. One judge dissented. The petitioner had previously been convicted by a jury and sentenced to prison along with fines. After the conviction, the petitioner argued that his trial and appellate lawyers did not perform effectively. He contended that many mistakes were made during his trial, impacting the fairness of his case. The trial court found that the petitioner's attorney did not challenge the way his statement to the police was obtained, which was a significant part of the evidence used against him. The lawyer also failed to ask for important jury instructions and did not properly raise issues on appeal. The trial court agreed that the lawyer made many mistakes, but initially decided that these mistakes did not change the outcome of the case. However, upon review, the appellate court determined that the mistakes made by the lawyer were so serious that they undermined confidence in the trial's outcome. This meant that the petitioner did not get a fair trial, violating his rights. The decision was reversed, and the case was sent back to the lower court for a new trial. This case highlights the importance of having effective legal representation, as mistakes made by lawyers can lead to wrongful convictions or unfair trials.

Continue ReadingPC 2006-0638

F-2005-357

  • Post author:
  • Post category:F

In OCCA case No. F-2005-357, Bruce Morris Barnett appealed his conviction for trafficking in illegal drugs and misdemeanor possession of marijuana. In a published decision, the court decided that while the trial judge made a mistake by imposing a fine of $100,000 instead of the minimum fine of $25,000, the convictions were upheld. The judge's sentence was modified to change the fine, but the overall decision affirmed the jury's findings regarding the evidence for the convictions. One judge dissented.

Continue ReadingF-2005-357

F 2005-362

  • Post author:
  • Post category:F

In OCCA case No. F 2005-362, Pat Lee Richardson appealed his conviction for First Degree Manslaughter. In an unpublished decision, the court decided to affirm his conviction but modified his sentence. One judge dissented regarding the sentence modification. Pat Lee Richardson was found guilty of First Degree Manslaughter after a trial without a jury in Comanche County. He was sentenced to 35 years in prison. He appealed, arguing that he had a defense based on Oklahoma's Make My Day Law, which allows people to use force against intruders in their homes. Richardson claimed the victim was an intruder when he was stabbed. The court explained that the Make My Day Law applies only when someone enters a home, but the victim was standing on the porch, not inside the house. Therefore, Richardson could not use that law as a defense. The court also noted that stabbing the victim a second time while he was on the ground was not justified. Richardson argued that his lawyer did not provide good assistance by not presenting the Make My Day Law defense. However, the court believed this did not affect the outcome of his trial since the law did not apply to his case. He also argued that his actions were justifiable as self-defense. The court stated that there was no evidence to show that he was in danger at the moment he stabbed the victim, considering the victim presented no serious threat. Lastly, Richardson argued that his 35-year sentence was too harsh. The court agreed and modified his sentence to 20 years, feeling that the original sentence was shocking and too severe when taking into account certain factors of the case. Overall, the court upheld the guilty verdict but decided to reduce the prison time that Pat Lee Richardson would have to serve.

Continue ReadingF 2005-362

C-2005-524

  • Post author:
  • Post category:C

In OCCA case No. C-2005-524, Robert Scott Pebbles appealed his conviction for First Degree Rape. In a published decision, the court decided to grant his appeal and allow him to withdraw his guilty plea. One judge dissented. Pebbles had pled guilty to the charge as part of a plea agreement and was given a five-year suspended sentence. However, he later claimed that his attorney pressured him into pleading guilty. He stated that he did not understand the requirements of his probation and was misled about the possible consequences of his plea, including a misunderstanding of the maximum punishment for his crime. During a hearing about his motion to withdraw the plea, Pebbles testified that his attorney had told him he could face the death penalty for the rape charge. The court found that the plea was not entered knowingly or voluntarily because Pebbles had been misadvised about the range of punishment. The U.S. Supreme Court had ruled that the death penalty for rape was unconstitutional, which means Pebbles could not face such a punishment. The court reviewed affidavits from attorneys involved in the case that supported Pebbles' claim of being misadvised. The Attorney General acknowledged Pebbles was indeed not eligible for the death penalty for rape. As a result of these findings, the court decided that Pebbles' guilty plea should be withdrawn. The case was sent back to the lower court for further proceedings.

Continue ReadingC-2005-524