Uncorroborated Testimony Archives

F 2018-0812

Post author:Staff
Post published:September 19, 2019
Post category:F

In the Court of Criminal Appeals of the State of Oklahoma, the case of Cesar Jurado is summarized as follows: **Background:** Cesar Jurado pled guilty in multiple cases in December 2015, including felonies for Possession of a Controlled Dangerous Substance With Intent to Distribute, among other charges. After completing a Delayed Sentencing Program for Youthful Offenders, his sentences were deferred until June 14, 2026. **Acceleration of Sentences:** In January 2018, the State sought to accelerate Jurado's deferred sentences, claiming he committed new crimes, including Murder in the First Degree and Assault with a Deadly Weapon. Following a hearing in July 2018, Jurado's deferred sentences were accelerated, resulting in life imprisonment on several counts, which were to run concurrently. **Appeal:** Jurado appealed the trial court's decision to accelerate his sentences, arguing that it was an abuse of discretion based on the uncorroborated testimony of an unreliable witness, who did not provide in-person testimony. **Court's Decision:** The appellate court affirmed the ruling of the lower court, finding no abuse of discretion in allowing the State to introduce the transcript of a preliminary hearing as evidence. The court noted that the Appellant's counsel had the opportunity to confront and cross-examine witnesses during the preliminary hearing. The standard of proof for violations of deferred sentences is a preponderance of the evidence, and the trial court has discretion in such matters. **Conclusion:** The Court of Criminal Appeals affirmed the acceleration of Jurado's deferred sentences, concluding that the trial court acted within its discretion based on the evidence presented. **Mandate:** The mandate for this decision is to be issued upon the filing of this opinion. **Opinion by:** Judge Hudson, with Judges Lewis and Kuehn concurring, and Judge Rowland recused. For more detailed information, you can download the full opinion [here](https://opinions.wirthlawoffice.com/wp-content/uploads/F-2018-610_1735310684.pdf).

F-2017-1029

Post author:Staff
Post published:May 23, 2019
Post category:F

In OCCA case No. F-2017-1029, Timothy Brian Bussell appealed his conviction for Rape in the First Degree - Victim Unconscious. In an unpublished decision, the court decided to affirm the judgment and sentence against him. One judge dissented. Bussell was found guilty by a jury and was sentenced to life imprisonment with the possibility of parole, even though the jury recommended life without parole. The case involved Bussell and a co-defendant, who filmed another co-defendant having sex with an unconscious victim. The jury believed there was enough evidence to show Bussell helped and encouraged the assault. Bussell raised ten arguments in his appeal, claiming errors during his trial. He argued that he did not get proper notice of the charges against him, that there was not enough evidence to convict him, and that the trial should have separated him from his co-defendant. He also claimed the victim's testimony was not credible, the prosecution made unfair statements, and that his lawyer did not do a good job. The court reviewed the evidence and found it sufficient for a conviction. They determined there were no significant errors that would affect his rights. The court emphasized that someone's testimony alone could support a conviction, especially if it was backed by video evidence. They concluded that Bussell knew the accusations he was facing and did not show that he was prejudiced by any mistakes made during the trial. Ultimately, the court decided that Bussell's claims did not show any grounds for reversing his conviction. His serious involvement in the crime was evident. The sentence was upheld as appropriate based on the crime he committed, emphasizing the importance of the victim's mistreatment.

F 2003-443

Post author:Staff
Post published:April 12, 2004
Post category:F

In OCCA case No. F 2003-443, Kenneth Linn Walker appealed his conviction for multiple serious crimes, including thirteen counts of First Degree Rape and nine counts of Forcible Oral Sodomy, among others. In an unpublished decision, the court decided to affirm most of the convictions but reversed one count related to Sexual Exploitation of a Child. One judge dissented. Walker was found guilty after a jury trial held in Oklahoma County. The judge sentenced him to a total of 300 years in prison. Walker raised several arguments in his appeal. First, he claimed that the court did not have the power to charge him because some of the accusations were too old and past the legal time limits for prosecution. The court decided that most of the charges were filed on time, but the one charge related to Sexual Exploitation of a Child was not. Walker also argued that he did not have enough time to prepare a proper defense and that he was not given a fair trial because some evidence was kept from him. However, the court found that the requirements for the charges were clear enough that he could adequately prepare for his defense. Regarding the evidence presented, Walkers’ lawyers contended that the witness testimonies should not have been enough to convict him. Nonetheless, the court ruled that the testimonies were credible and strong enough to support the convictions. In summary, the court upheld the majority of Walker's convictions but found that one charge was incorrectly handled because the legal time limit had passed. As a result, they reversed that specific charge while keeping the rest of the convictions intact.