Victim Impact Evidence

F-2017-1261

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In OCCA case No. F-2017-1261, Carlos Santana Gunter appealed his conviction for robbery with a dangerous weapon, assault, and battery with a dangerous weapon. In an unpublished decision, the court decided to affirm his convictions and sentences. One judge dissented. Carlos Santana Gunter was found guilty by a jury in Canadian County for robbery and two counts of assault and battery. He received a sentence of thirty years for each count. The judge ruled that Gunter must serve at least 85% of the robbery sentence before being eligible for parole, and the assault sentences were ordered to run concurrently with each other but consecutively to the robbery sentence. Gunter raised several arguments on appeal. First, he claimed that asking the victims about the effects of their injuries during the trial was improper and prejudiced his case. The court found that this testimony was relevant to establish elements of the crimes and did not affect the outcome significantly. Second, Gunter argued that his right to remain silent was violated when a police officer mentioned that he asked for an attorney during questioning. The court agreed this was an error but concluded that the evidence against Gunter was so strong that it did not impact the fairness of the trial. Third, Gunter challenged the use of his previous felony convictions to enhance his sentence, saying he didn’t have a lawyer during those earlier convictions. The court noted that Gunter had acknowledged those convictions during the trial and failed to show any actual error regarding legal representation. Fourth, he alleged prosecutorial misconduct, claiming the prosecutor made unfair comments that influenced the jury. The court found these comments did not render the trial unfair. Fifth, Gunter argued he did not receive effective legal counsel during the trial. However, the court decided that because his other claims did not merit relief, he could not prove ineffective assistance of counsel. Lastly, Gunter asserted that the combined errors in his case deprived him of a fair trial. The court ruled that even when considering all claimed errors together, they did not affect the outcome. In the end, the court affirmed Gunter's conviction and sentence, concluding that the evidence against him was compelling, and the trial was fair despite the issues raised.

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F-2017-1307

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In OCCA case No. F-2017-1307, James Rex Clark appealed his conviction for four counts of Child Abuse by Injury and one count of First Degree Child Abuse Murder. In an unpublished decision, the court decided to affirm the judgment and sentence. One judge dissented. James Rex Clark and his wife were charged after the tragic disappearance of a boy named Colton, who was living with them. They had adopted Colton and his older brother T.J.S. after the boys were removed from their biological parents due to drug and alcohol issues. In 2006, Colton was reported missing, and a massive search took place; however, no trace of him was ever found. T.J.S. later revealed that he had been abused by the Appellants and expressed fears about his brother's fate. After years had passed, T.J.S. reached out to authorities to provide information about the abusive environment he and Colton had experienced while living with their uncle and aunt. As a result of T.J.S.’s testimony and an investigation that followed, both James and his wife were charged with the serious crimes. During the trial, T.J.S. described the harsh treatment he and Colton endured, which included physical abuse and isolation from others. He explained that after Colton had an argument with James, he was taken to a bedroom, and T.J.S. later found him unresponsive on the couch. James tried to argue that he did not receive a fair trial. He claimed that parts of the trial were not properly recorded and that he was not given a fair chance to defend himself. He contended that evidence against him was presented in a way that was not appropriate and that the prosecutor acted unfairly during the trial. However, the court explained that there was no evidence that the issues James raised affected the outcome of the trial. They found that the testimony about Colton’s character and life was important and properly admitted to show that he would not have run away. They also considered that the defense did not provide sufficient reasons for their claims of error. Ultimately, the court upheld the conviction, affirming that the evidence showed James was guilty of the serious charges. T.J.S.'s accounts of the abuse were significant in proving what James and his wife had done. The judges concluded that despite the many claims made by James, they did not find the errors alleged by him to be valid or sufficient to overturn the jury's decision. The court’s ruling confirmed that James would face life imprisonment as recommended by the jury based on the severity of the crimes committed against Colton. This case highlighted serious issues regarding child welfare and the responsibilities of adults toward children in their care.

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F-2018-39

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In OCCA case No. F-2018-39, Robert Ephriam Smith appealed his conviction for two counts of Child Sexual Abuse. In an unpublished decision, the court decided to affirm the conviction and sentencing of life imprisonment on both counts, which were to run consecutively. One judge dissented. Robert Ephriam Smith was found guilty by a jury for abusing two children. The jury suggested that he should spend his life in prison for the acts he committed. The trial judge agreed and stated that Smith would serve his sentences one after the other. Smith raised several points in his appeal. He claimed that the instructions given to the jury were confusing. He believed they did not clearly explain what the jury needed to decide for his charges. He also said that evidence presented against him was unfair because it included things that weren't related to the case and might have made the jury feel negatively toward him. The judge's comments during the trial were also a point of concern for Smith. He thought the judge showed support for the young witnesses, which might have influenced the jury’s opinion unfairly. Moreover, he argued that notes from the forensic examiner and testimonies from his former step-daughter, who said he abused her when she was young, should not have been allowed as they added to the unfairness of the trial. Smith also argued that the way the prosecutor spoke during the trial was not appropriate and might have made it harder for him to get a fair trial. He thought that these methods used by the prosecutor could have led the jury to make a decision out of anger instead of focusing only on the facts. When it came to his lawyer, Smith claimed that his defense was weak and did not raise objections when they should have. He thought this lack of action harmed his case. However, the court decided that since no major errors were found in the trial, his lawyer’s performance could not be considered ineffective. In the end, the court found no grounds to change the original decision. They determined that the trial was fair despite Smith's complaints, and his life sentences would remain. The mandate for this decision was ordered to be issued immediately.

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F-2014-336

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In OCCA case No. F-2014-336, Deandre Bethel appealed his conviction for First Degree Felony Murder, Robbery with a Firearm, Transporting a Loaded Firearm in a Motor Vehicle, and Public Intoxication. In a published decision, the court decided to affirm his convictions for First Degree Felony Murder and the other charges except for Robbery with a Firearm, which was reversed and remanded with instructions to dismiss that charge. One judge dissented. Bethel was convicted by a jury in Tulsa County for crimes related to the death of a victim during a robbery. The jury sentenced him to life in prison for murder, along with additional sentences for the other charges. During the appeal, Bethel raised several issues, arguing that there was not enough evidence for his convictions, that he should not be punished for both murder and robbery based on the same incident, and that he did not receive a fair trial for various reasons, including how the jury was instructed and what evidence was allowed. The court found that the evidence was sufficient to convict him of murder and upheld that conviction. However, they agreed that having separate convictions for robbery and murder from the same act violated his rights under the Double Jeopardy Clause, so they reversed the robbery conviction. Bethel also argued that the trial court made errors in not instructing the jury about lesser offenses and in handling jury questions, but the court found these claims did not warrant a new trial. Other claims, such as the admission of jail phone calls and victim impact statements, were also rejected. In the end, the court affirmed the convictions for murder and the other charges, but dismissed the robbery charge, allowing Bethel to focus his appeal on the correct aspects of his case.

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F-2008-1087

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In OCCA case No. F-2008-1087, Mitchell Dewayne Baker appealed his conviction for First Degree Rape and Domestic Assault and Battery by Strangulation. In an unpublished decision, the court decided to affirm the conviction but vacated the order for restitution, remanding the case to the district court for a proper determination of the victim's loss. One judge dissented. Baker was found guilty by a jury and was sentenced to ten years in prison for each offense, with the sentences ordered to run consecutively. The trial court also required him to pay restitution. Baker raised several issues in his appeal, claiming that the court had made errors during the trial process. One major issue was about the restitution ordered by the trial court, which Baker argued lacked factual support. The court acknowledged that the trial judge has discretion in deciding restitution, but determined that the record did not provide enough information to support the amount that was initially ordered. Therefore, while the conviction stood, the restitution order was removed, and the case was sent back to determine the correct restitution amount. Baker also challenged the prosecution’s use of evidence from his past crimes, saying it was unfairly used to paint him as a bad person. The court ruled that this evidence was allowed to help show that Baker’s explanation of how the victim got hurt was not credible. This was because his past behavior was relevant to his defense. Another point raised by Baker dealt with how the prosecutor questioned witnesses about their feelings during and after the incidents. The court said this questioning was relevant to establish the elements needed to prove the charges against Baker. They found no error in how this evidence was presented as it was crucial to the prosecution's case. Lastly, Baker pointed to some statements made by the prosecutor regarding the burden of proof. The court found that any mistakes were not serious enough to affect the fairness of the trial, as the jury was correctly informed about the burden of proof at several points. Overall, while the court upheld Baker's convictions, they took issue with the restitution ordered and directed that it be reassessed to ensure a fair determination.

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F 2004-816

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In OCCA case No. F 2004-816, Martin appealed his conviction for several serious crimes against children. In a published decision, the court decided to affirm the convictions but modified the sentences. One judge dissented. Solly Lee Martin, Jr. was found guilty of multiple charges which included lewd molestation, attempted forcible oral sodomy, and child sexual abuse. The trial happened in Ottawa County, where he received very long sentences for these crimes, which involved terms that ranged from 10 years to life in prison. Some sentences were ordered to be served together, while others had to be served after. During his appeal, Martin claimed he was not given a fair trial. He argued that the trial judge wouldn't allow him to show evidence about the complainant's past which he thought could help his case. In another claim, he said that some testimony during the trial was unfairly negative against him and could influence the jury's decision. The court looked closely at Martin's complaints. They found that he did not properly follow the rules to show the evidence he wanted to introduce, so his first complaint was not accepted. For the second complaint, the court agreed that some of the testimony presented was error, as it talked too much about what the crime might do to the victims in the future, which is generally not allowed in these types of cases. Despite these issues, the court decided that overall, Martin's convictions would remain, but they agreed to change his sentences. Instead of them running one after the other, they made them all run at the same time. The final decision was that although the court kept the convictions, there were changes to make sure the sentences were fair.

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F-2004-971

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In OCCA case No. F-2004-971, Donald Eugene Stevenson appealed his conviction for Child Abuse. In an unpublished decision, the court decided to modify his sentence to life imprisonment. One judge dissented. Donald Eugene Stevenson was found guilty by a jury for hurting a child, which is known as child abuse. The jury gave him a very long sentence of 100 years and 3 months in prison. After he appealed, he pointed out some problems he believed happened during his trial that should lead to a new trial or a shortened sentence. Firstly, he argued that the jury saw too much information about the child's suffering, including a video that was too emotional and shouldn’t have been shown. This, he said, made the jury feel too strongly against him. However, the court found that the video was important to show how badly the child was hurt, and it helped explain what happened, so they believed it was okay to include it. Since he didn’t complain about the video during the trial, the court didn’t see any major mistake. Secondly, Stevenson said there were details about his previous crimes that shouldn’t have been shared. The court agreed that including this information was wrong because it might have made the jury think he deserved a harsher punishment than they already decided. Because of this mistake and those details from his past, the court decided to change his punishment to life in prison instead of a long stretch of years. In the end, the court said Stevenson’s conviction stood—meaning he was still found guilty—but they changed how long he would have to stay in prison. One judge didn’t fully agree with changing the sentence to life, but the majority of the judges went along with it.

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F-2001-106

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In OCCA case No. F-2001-106, Billy Mack Downey appealed his conviction for Murder in the Second Degree. In an unpublished decision, the court decided to reverse the judgment and sentence, sending the case back for a new trial. One judge dissented. Billy Mack Downey was convicted of murder by a jury in Carter County. He was sentenced to forty years in prison. Downey appealed his conviction, raising thirteen different complaints about how the trial was conducted and claims that he did not receive a fair trial. Here are the main issues Downey raised in his appeal: 1. He argued that it was wrong for the trial court to allow victim impact evidence during the trial, which should only be presented during the sentencing phase. 2. He claimed that the prosecution unfairly increased the credibility of its main witnesses. 3. Downey believed his father should have been allowed to testify, and that the prosecutor took advantage of this situation during closing arguments. 4. He also said the prosecutor acted improperly in a way that affected his chance for a fair trial. 5. Downey filed a motion for a new trial, which he claimed the trial court incorrectly denied. 6. He pointed out errors in how the State impeached one of his defense witnesses. 7. Downey thought the trial judge wrongly instructed the jury on matters related to the law and the testimonies of his co-defendants. 8. He believed certain comments from the judge during the trial may have influenced the jury’s opinion about his guilt. 9. Downey felt he should have been told that his co-defendants were accomplices, which could have affected how the jury viewed their testimonies. 10. He claimed the judge gave an instruction during closing arguments that confused the jury. 11. Downey argued that the collection of errors during the trial ultimately deprived him of a fair verdict. 12. He mentioned the judge wrongly ordered him to pay restitution without sufficient evidence of loss. After reviewing the evidence and considering all of Downey's claims, the court found that he had been deprived of a fair trial due to multiple serious errors. Particularly, it highlighted the combined effect of several of the errors as being significantly damaging to Downey's case. The court specifically identified that the trial court should not have allowed victim impact evidence during the guilt phase of the trial and agreed that Downey was wrongly denied the opportunity to have his father testify. The court believed these issues could have changed the outcome of the trial. Ultimately, the court overturned the original decision and ordered that a new trial be held for Downey, where he would have the chance to address these issues. This ruling aimed to ensure that he could receive a fair trial as guaranteed to him under the law.

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