Video Evidence

F-2012-1039

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In OCCA case No. F-2012-1039, Earnest Toby Bearshead appealed his conviction for Robbery with a Firearm and False Personation. In a published decision, the court decided to affirm his conviction for Robbery with a Firearm but reversed his conviction for False Personation. One judge dissented. Bearshead was found guilty of two crimes: Robbery with a Firearm and False Personation. The jury decided he should go to prison for nine years for the robbery and five years for the false personation. The sentences would be served one after the other. Bearshead did not argue against the robbery conviction but did challenge the false personation conviction based on three main issues. First, Bearshead claimed that there wasn't enough evidence to prove he committed false personation. The law says that to be guilty of false personation, a person has to pretend to be someone else and do something that could cause that person to face legal issues or gain some benefit. Bearshead argued that since a video of him talking to the police was not officially accepted as evidence, he could not be said to have assumed another person's identity. Despite this claim, the court found that Bearshead had indeed provided evidence of using a false name when talking to the police. A detective testified that Bearshead initially said his name was “Oscar” and later corrected it to “Toby.” The detective had noted this on a form, showing that Bearshead tried to lie about his identity. The second point Bearshead raised was that even if he did use a false name, he did not do anything to get someone else in trouble, as there were no legal issues connected to the name Oscar Bearshead. The State argued he would have benefitted in some way, such as avoiding responsibility for the robbery. However, there was no evidence that showed Bearshead actually gained anything from pretending to be Oscar. He still faced the charges and was found guilty of the robbery. The court pointed out that Bearshead's jury was not instructed about the possibility of benefiting from using a false name, which was necessary for proving false personation in this case. Without clear evidence that he gained any benefits from the impersonation, the court decided the State did not meet the burden of proving all parts of the crime. As a result, the court reversed Bearshead's conviction for False Personation and ordered it to be dismissed. However, his conviction for Robbery with a Firearm stood, and he would still serve the sentence related to that crime. The decision led to one judge expressing a different opinion from the others.

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F-2011-509

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In OCCA case No. F-2011-509, Mark Anthony Clayborne appealed his conviction for Perjury by Subornation and Allowing the Production of a False Exhibit. In an unpublished decision, the court decided to affirm the conviction for Perjury by Subornation but reversed the conviction for Allowing the Production of a False Exhibit. One judge dissented. Clayborne, a lawyer, represented a defendant accused of selling drugs. During the trial, he presented a video as evidence showing his client was in Mexico at the time of the alleged crime. However, a forensic video analyst testified that the date stamp on the video was altered. As a result, Clayborne was charged with subornation of perjury for allowing false evidence and for producing a false exhibit. Throughout his appeal, Clayborne raised several issues. He argued that the trial court made errors by improperly answering jury questions, violating his rights due to prosecutorial misconduct, and mishandling evidence. He also contended that certain jury instructions were incorrect, particularly a lack of clear mention of required knowledge of the false exhibit. The court ruled that while there was an error regarding jury instructions, it was not enough to require a reversal of the conviction for subornation of perjury because the outcome was still supported by strong evidence. However, they found that the trial court erred in how they handled the issues related to the false exhibit, leading to that conviction being overturned. The decision covered various claims of error including jury questions, prosecutorial misconduct during closing arguments, and evidence issues. Ultimately, the court decided to keep one conviction while reversing the other due to significant procedural concerns.

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F-2004-1106

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In OCCA case No. F-04-1106, Armstrong appealed his conviction for unlawful trafficking in cocaine base, amongst other charges. In an unpublished decision, the court decided to affirm the convictions but modified the fine associated with one of the charges. One judge dissented. Armstrong was found guilty of a series of crimes, including trafficking drugs and resisting arrest. He argued that there were mistakes made during his trial, such as the jury being instructed on two counts of resisting arrest when he believed there should only be one. He also claimed that his attorney didn’t provide enough evidence to support his case effectively. He asked the court to reduce his sentences and fine. After reviewing everything about the case, the court felt that there was no need to overturn the convictions. However, they agreed to reduce the fine related to his drug trafficking charge from $25,000 to $10,000. The court found that the evidence and decisions made during the trial were legally sound. In summary, while Armstrong’s appeal raised several issues, the court mostly found in favor of the original trial's outcome, except for the adjustment of the fine.

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F 2003-1163

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In OCCA case No. F 2003-1163, Christopher Ray Murphy appealed his conviction for four counts of indecent or lewd acts with a child under sixteen. In an unpublished decision, the court decided to affirm the convictions, but modified the sentences to run concurrently instead of consecutively. One judge dissented.

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