Uniform Jury Instructions Archives

F-2018-780

Post author:Staff
Post published:October 17, 2019
Post category:F

In OCCA case No. F-2018-780, Rawson appealed his conviction for lewd or indecent acts to a child under 16. In an unpublished decision, the court decided to affirm the conviction and sentence. One judge dissented. Rawson was found guilty by a jury for multiple counts of lewd acts against a child. The jury recommended life imprisonment for each count, and the trial court imposed the sentences to run one after the other. Rawson challenged his conviction, claiming that the jury was not adequately instructed on the specific acts he allegedly committed. He did not argue that the law was incorrectly stated, just that the instructions should have outlined the acts in more detail. The court explained that instructions for juries are meant to accurately convey applicable law, and in this case, they properly followed the Oklahoma Uniform Jury Instructions. The trial court had provided sufficient instructions, describing the necessary elements that the prosecution needed to prove for each count. Even though Rawson's defense wanted more specificity in the instructions, the court found that the jury was clearly informed about the nature of the charges against him. Since he did not dispute the proof of the allegations or claim that the law was wrongly applied, the court decided that there was no abuse of discretion and upheld the original decision. In conclusion, the court affirmed Rawson's conviction, and the case was officially closed with no errors found in the trial process.

J-2018-1066

Post author:Staff
Post published:August 8, 2019
Post category:J

**Court of Criminal Appeals of the State of Oklahoma** **Case No. J-2018-1066** **Decided on: August 8, 2019** **A.O. (Appellant)** **v.** **The State of Oklahoma (Appellee)** **Opinion of the Court by Presiding Judge Lewis:** **Background:** The appellant, A.O., a minor, was charged as a juvenile with Sexual Battery per 21 O.S. Supp. 2017, § 1123(B) in McIntosh County District Court (Case No. JDL-2017-29). Subsequently, on February 26, 2018, an Amended Delinquent Petition was filed, charging him with Child Sexual Abuse under 21 O.S. Supp. 2014, § 843.5(E). Following a non-jury trial held on September 25, 2018, the court adjudicated A.O. as delinquent. **Issues on Appeal:** 1. A.O. contends he was never informed of his right to a jury trial, claiming a violation of due process. 2. He argues that the conduct in question—touching the victim's buttocks over clothing—does not constitute Child Sexual Abuse as intended by the legislature. 3. A.O. claims the prosecutor expressed an opinion on his guilt, violating his due process rights. **Rulings:** 1. **Proposition I**: The court found no merit in A.O.'s claim regarding his jury trial rights. The record demonstrated that both A.O. and his guardian were informed of the right to a jury trial and that they consciously waived this right. 2. **Proposition II**: On this issue, the court ruled in favor of A.O. The court determined that the state failed to prove each element of the underlying crime of Child Sexual Abuse. Specifically, the court stated that to convict under § 843.5(E), the state bears the burden of proving the elements of lewd acts, which were not sufficiently demonstrated in court. 3. **Proposition III**: The court found the prosecution's remarks during the trial did not constitute plain error, as the comments related to the evidence presented and did not deprive A.O. of a fair trial. **Final Decision:** The adjudicating order of Child Sexual Abuse was **REVERSED**. The matter is **REMANDED** to the district court to amend the adjudication to Assault and Battery under 21 O.S. 2011, § 644. The court affirmed the adjudication as modified. **Dissenting Opinion by Vice Presiding Judge Kuehn:** Judge Kuehn expressed concerns about the implications of the majority ruling, arguing that it effectively renders § 843.5(E) unconstitutional due to its vagueness and conflict with age-based elements in other statutes, which could lead to arbitrary enforcement. The dissent maintains that the elements of § 843.5(E) should not require additional instructions unless those elements are included in the Information—and calls for the conviction to be reversed entirely based on the statute's broad language, which might punish conduct that is arguably not criminal. In conclusion, the court's ruling finds resonance in the legislative intention behind the statutes governing Child Sexual Abuse and the need for clarity in legal definitions, especially concerning age restrictions in sexual offenses. **Links:** [Download PDF of the Opinion](https://opinions.wirthlawoffice.com/wp-content/uploads/J-2018-1066_1734449875.pdf)

F 2007-201

Post author:Staff
Post published:October 10, 2008
Post category:F

In OCCA case No. F 2007-201, Kristopher Lee Morphew appealed his conviction for Second-degree Murder. In a published decision, the court decided to reverse Morphew's Judgment and Sentence and remand the case for a new trial. One judge dissented. Morphew was found guilty of Second-degree Murder after a jury trial. The jury decided on a punishment of twenty years of prison time. However, Morphew argued that he did not receive a fair trial due to several reasons, including ineffective help from his lawyer, errors in jury instructions, and misconduct by the prosecution. The main issue that led to the court's decision was about how the jury was instructed regarding what depraved mind meant in the context of Second-degree Murder. The jury was confused about a key part of the instruction, and the trial judge did not clarify it properly. Because of this, the court found that the instructions did not adequately explain the law and could have led to a misunderstanding during the trial. Since this error was significant enough to possibly change the outcome of the case, the court concluded that Morphew deserved a new trial. The other points raised by Morphew were not discussed because the error regarding jury instructions was sufficient to reverse the conviction. In summary, the court's decision sends Morphew back for a new trial to ensure he receives a fair chance to defend himself under the correct laws and instructions.