Victim's Injuries Archives

F-2018-391

Post author:Mili Ahosan
Post published:June 20, 2019
Post category:F

In OCCA case No. F-2018-391, Zachary Troy King appealed his conviction for Child Abuse by Injury. In an unpublished decision, the court decided to affirm the conviction and sentence. One judge dissented. Zachary Troy King was found guilty by a jury in a case where he was accused of injuring a child. The jury decided that he had caused harm to the child, and he was sentenced to twenty years in prison, with the first fifteen years needing to be served. King argued four main points in his appeal. First, King said that the evidence presented in his trial was not strong enough to prove he committed child abuse. He claimed that the injuries to the child were not clearly caused by him, and he thought the jury should not have convicted him. However, the court believed that there was enough evidence for any reasonable person to conclude that King did injure the child. Second, King claimed that the judge made a mistake by not allowing a mistrial after the prosecution introduced certain evidence. He argued that this evidence was not important or added to the case in a meaningful way. Yet, the court felt that the testimony included by the prosecution was relevant to proving injuries were intentionally inflicted rather than accidental. Third, King accused the prosecutor of acting unfairly during the trial, which made it hard for him to get a fair trial. The court reviewed the prosecutors' actions and felt there were no significant errors that would have impacted the trial's fairness. Lastly, King argued that the collection of mistakes in his trial added up to take away his right to a fair hearing. But, since the court did not find any errors that would require a reversal of the conviction, the claim was also denied. In conclusion, the court upheld the jury's decision and the trial judge's actions, stating that King received a fair trial and that there was enough evidence to support the conviction. The judgment from the trial court was confirmed, and King will continue to serve his sentence.

F-2017-710

Post author:Mili Ahosan
Post published:June 13, 2019
Post category:F

In OCCA case No. F-2017-710, Alex Moore appealed his conviction for Murder in the First Degree. In a published decision, the court decided to affirm his conviction. One judge dissented. Alex Moore was accused of killing his cellmate, Todd Bush, in a prison. On the evening of March 6, 2014, while they were locked in their cell, an officer checked on them but did not enter the cell. Later, another officer found Moore with Bush on the floor and called for medical help. Despite efforts from medical staff, Bush was pronounced dead at the hospital. Moore claimed Bush had fallen while drinking, but the investigation revealed signs of a struggle and injuries that suggested he had been attacked. The medical examiner determined that Bush died from strangulation and that the injuries were not consistent with a fall. During the trial, the prosecution introduced evidence of Moore's previous assaults on other inmates as part of their case, arguing that these incidents showed he had a pattern of violent behavior. The defense argued that Bush's death could have been accidental. The trial court allowed photographs of the victim's injuries to be presented as evidence, despite Moore's objection that they were too gruesome. The court ruled that these images were relevant to the evidence and helped to prove how Bush died. Moore also raised concerns about the prosecution's statements during jury selection and whether he had been informed of his right to testify. The court ruled that the prosecutor's comments were within proper bounds and that there was no requirement for a formal acknowledgment of Moore's right to testify. Overall, the appeals court found no legal errors significant enough to reverse the trial court's decision, affirming Moore's conviction for murder.

F-2017-994

Post author:Mili Ahosan
Post published:November 8, 2018
Post category:F

In OCCA case No. F-2017-994, Holly Tegan Zuniga-Griffin appealed her conviction for Enabling Child Abuse. In an unpublished decision, the court decided to affirm her conviction. One judge dissented. The case involved Holly Tegan Zuniga-Griffin, who was found guilty of enabling the abuse of her three-year-old son. The jury in Muskogee County decided she was guilty of this crime based on the evidence presented during the trial. She was sentenced to ten years in prison, following the jury's recommendation. Zuniga-Griffin raised several issues in her appeal. First, she argued that the law regarding child abuse was unclear and vague. However, the court found no reason to change its previous decisions on this issue and denied her claim. Next, she claimed there wasn't enough evidence to prove she understood her child was in danger when she left him with her 17-year-old boyfriend. The court disagreed, stating there was enough evidence to show she should have known her child was at risk. Zuniga-Griffin had made inconsistent statements about how her son got hurt, and medical evidence indicated he had been physically abused. She also said she was denied a fair trial because the judge didn't instruct the jury properly. The court acknowledged that some jury instructions could have been appropriate, but overall, they did not think this affected the trial's fairness. Another point she raised was about a nurse giving an opinion in court when she didn't have the right qualifications. The court found that the nurse did have enough training and experience to testify about the injuries on the child, so they disagreed with Zuniga-Griffin's claim. Zuniga-Griffin contended that the prosecution failed to provide important evidence that could have helped her case. However, the court concluded that she was aware of the photos in question during the trial and did not attempt to use them, dismissing her argument. She also claimed her lawyer did not do a good job representing her, which negatively impacted her trial. But the court found her lawyer's decisions were reasonable and did not affect the outcome. Zuniga-Griffin then argued that her ten-year sentence was excessively harsh. The court noted that her son had suffered serious injuries, and her sentence was within what the law allowed, so they did not find it shocking. Finally, she stated that all the errors combined during the trial made it unfair. The court determined that the errors she identified did not, either separately or together, undermine her right to a fair trial. In the end, the decision of the trial court was upheld, meaning Zuniga-Griffin would serve her sentence as originally decided.