U.S. Const. amend. V Archives

F-2017-68

Post author:Staff
Post published:May 30, 2019
Post category:F

This text appears to be a legal opinion from the Court of Criminal Appeals of the State of Oklahoma regarding the case of Jonathan D. McKee, who was convicted of Child Abuse. The judgment affirms the conviction and address various propositions raised by the appellant concerning the conviction and the trial process. The summary of the opinion includes analysis of the following propositions: 1. **Sufficiency of Evidence**: The court concluded that there was sufficient evidence for a rational juror to convict McKee of child abuse based on medical expert testimony. 2. **Evidentiary Rulings**: The court reviewed multiple evidentiary rulings that McKee argued were erroneous. They concluded that while McKee's refusal to speak with authorities could raise Fifth Amendment concerns, it did not constitute plain error affecting the trial’s outcome. Additionally, evidence concerning drug paraphernalia was found relevant to the case. 3. **Judicial Bias**: Appellant’s claim of judicial bias was rejected as the court found no evidence of actual bias or any violations affecting due process. 4. **Cumulative Error**: The court stated that because none of the individual propositions were sustained, the cumulative error argument had no merit. The opinion also includes concurring opinions from Judges Kuehn and Rowland. Judge Kuehn expressed some reservations about the relevance of mentions of a request for legal counsel, while Judge Rowland emphasized that McKee's conduct and refusal to speak were relevant in assessing guilty knowledge, even though they did not implicate any constitutional violations. The final decision affirmed the judgment and sentence, with the court ordering the mandate issued upon delivery and filing of this decision. For further details, one may refer to the full opinion [here](https://opinions.wirthlawoffice.com/wp-content/uploads/F-2017-68_1734271673.pdf).

F-2007-200

Post author:Staff
Post published:June 5, 2008
Post category:F

In OCCA case No. F-2007-200, Jamie Cruz appealed his conviction for Indecent or Lewd Acts with a Child Under Sixteen. In a published decision, the court decided to affirm the judgment but reverse the sentences and remand for resentencing. One judge dissented. The case involved Jamie Cruz, who was found guilty on two counts of engaging in inappropriate conduct with an eight-year-old boy named T.M. Cruz was sentenced to life imprisonment without the possibility of parole for each count, to be served concurrently. The case had a long history of delays and court proceedings before it finally went to trial. During the trial, the evidence included Cruz’s admissions made during a polygraph examination he took while on probation. His defense argued that these admissions were wrongly obtained and that the trial court made errors in not considering his motion to suppress these statements. The trial court denied requests for continuances which the defense claimed were needed to prepare adequately for trial. Several arguments were made on appeal, including claims that the trial court should have suppressed the admissions made during the polygraph test because it violated his right against self-incrimination. Cruz argued that the compulsion to take the polygraph test because of his probation created a situation where he did not have a true choice, as refusing to comply could lead to his imprisonment. The court ruled that Cruz's rights were not violated. They said he had failed to assert his privilege against self-incrimination when he did not refuse to answer questions during the polygraph. The majority opinion found the polygraph examination was part of the conditions of his probation, and thus the admissions were not compelled in a manner that would invalidate them. Cruz also argued about other evidentiary issues during the trial, including the admission of prior bad acts as evidence and restrictions on jury selection. The court noted that while some of the trial court’s actions could be seen as problematic, they did not rise to the level of prejudice needed to overturn the conviction. In conclusion, while the court affirmed the convictions, they found that Cruz should not have received the life sentences as structured and directed that the case be sent back for proper resentencing under the relevant laws, as the previous sentencing did not follow the correct statutory guidance.