Waiver of Jury Trial

F-2018-888

  • Post author:
  • Post category:F

This document is a summary opinion from the Court of Criminal Appeals of Oklahoma regarding the appeal of Justin William Dunlap, who was convicted of First Degree Rape by Instrumentation of a Victim under the Age of Fourteen and sentenced to ten years in prison. Dunlap raised multiple propositions of error in his appeal, including claims of insufficient waiver of a jury trial, challenges to the credibility of the victim's testimony, allegations of prosecutorial misconduct, excessive sentencing, and inadequate defense representation, among others. The court considered each proposition in detail: 1. **Waiver of Jury Trial**: The court found that Dunlap's waiver was knowing and voluntary, supported by a written waiver signed by all necessary parties. 2. **Sufficiency of Evidence**: The court analyzed the testimony of the victim (D.H.) and found it sufficient to support the conviction, affirming that the evidence met the necessary legal standard. 3. **Prosecutorial Misconduct**: The court concluded there was no misconduct that affected the trial's fairness, finding that the prosecutor's comments did not misstate the evidence or improperly comment on Dunlap's failure to testify. 4. **Excessive Sentencing**: The court determined that the sentence was within statutory guidelines and did not shock the conscience given the serious nature of the crime. 5. **Right to Present a Defense**: The court upheld the trial court's decision to exclude certain evidence, finding no abuse of discretion in limiting what could be presented as a defense. 6. **Speedy Trial**: The court found no violation of Dunlap's right to a speedy trial, noting delays were justified and not solely attributable to the prosecution. 7. **Competency Evaluation**: The court ruled that since Dunlap did not request an evaluation and provided no evidence to support his claims, this argument was unmeritorious. 8. **Conflict of Interest**: The argument regarding conflicting interests between attorneys was found to lack merit as Dunlap did not demonstrate how this negatively impacted his defense. 9. **Ineffective Assistance of Counsel**: The court scrutinized claims of ineffective assistance, applying the Strickland standard, and found that Dunlap did not demonstrate that any alleged deficiencies affected the trial's outcome. 10. **Cumulative Error**: The court dismissed this claim as there were no individual errors that would warrant a new trial. The court affirmed the judgment and sentence, upholding the findings of the lower court and denying Dunlap's requested evidentiary hearing related to ineffective assistance of counsel. Additionally, a concurring opinion emphasized the handling of extra-record materials submitted by Dunlap, noting the importance of adhering to established procedural rules and advocating for more careful consideration of supplementary materials going forward. In summary, the appeal was denied, and the conviction stands as affirmed by the Court of Criminal Appeals of Oklahoma.

Continue ReadingF-2018-888

F-2017-1146

  • Post author:
  • Post category:F

In OCCA case No. F-2017-1146, Scott Milton Donley appealed his conviction for Assault with a Dangerous Weapon and Domestic Abuse Assault and Battery. In an unpublished decision, the court decided to uphold his convictions. One judge dissented. Scott Milton Donley was found guilty of two crimes during a bench trial: Assault with a Dangerous Weapon and Domestic Abuse Assault and Battery. He received a sentence that included twenty years for the first crime and one year for the second crime, with both sentences running at the same time. Donley argued that he should not be punished for both crimes based on double jeopardy rules, meaning he shouldn’t be charged twice for what he claimed was the same act. The court examined whether there was proof for each crime that did not overlap. They found that Donley committed separate acts of pushing and slapping the victim before threatening her with a knife, which were seen as different offenses that required different evidence. Therefore, the court decided there was no double punishment. Donley also claimed there wasn't enough evidence to show he committed Assault with a Dangerous Weapon because he argued that the knife he used wasn't sharp. However, the court reviewed the evidence, including testimonies from him, the victim, and officers. They concluded that any reasonable person could find he intended to cause harm with the knife and that it was indeed a dangerous weapon. Lastly, Donley argued that he didn’t willingly give up his right to a jury trial. However, the court found clear proof that he had done so. The process was completed in court, and both he and the prosecutor waived the jury trial properly. In conclusion, the court affirmed the judgments and sentences against Donley, stating that all his claims were without merit.

Continue ReadingF-2017-1146

F-2017-952

  • Post author:
  • Post category:F

In OCCA case No. F-2017-952, Jerry Don Battenfield appealed his conviction for sexual abuse of a child under age twelve. In an unpublished decision, the court decided to affirm his convictions. One judge dissented. Mr. Battenfield was found guilty without a jury and received a sentence of thirty years in prison and a fine for each of the two counts, which means he must serve over twenty-five years before he can be considered for parole. He raised several arguments on appeal. First, he argued that he did not understand that he was giving up his right to a jury trial. He believed he might face the death penalty, but the court found he was not misled about the possible punishment. Therefore, his claim was denied. Second, he claimed that the judge improperly relied on evidence that was not admitted during the trial. However, the court found that the judge could only use the evidence that was presented and determined there was no error. Third, he argued that there should have been a hearing to check if child hearsay was reliable before it was allowed in court. The court noted that his attorney had actually agreed to let the hearsay in, which meant that there was no error to review. In the fourth point, he contended that some of the child’s statements were allowed into the trial in a way that violated his right to confront witnesses. The court agreed that there was a mistake concerning some statements but concluded the mistake was harmless, as there was enough other evidence to show he was guilty. Fifth, he stated that his lawyer did a poor job for not fighting harder to protect his rights during the trial. However, the court believed that the lawyer did not make any major mistakes that would have changed the outcome of the trial. Finally, he asked for a review based on multiple mistakes during the trial. The court found that the previous issues did not add up to deny him a fair trial. The court affirmed the judgment and said that the decisions made during the trial were generally correct, despite acknowledging a small error regarding the child’s statements. Overall, his appeal was denied, and he will continue to serve his sentence.

Continue ReadingF-2017-952

M-2016-108

  • Post author:
  • Post category:M

In OCCA case No. M-2016-108, Marty Spence Duncan appealed his conviction for Domestic Abuse - Assault and Battery and Assault. In a published decision, the court decided to reverse Duncan's judgment and sentence and remand for a new trial because the record did not show that he had waived his right to a jury trial. One judge dissented.

Continue ReadingM-2016-108

J-2014-980

  • Post author:
  • Post category:J

In OCCA case No. J-2014-980, the Appellant appealed his conviction for Lewd or Indecent Acts to a Child Under 16. In an unpublished decision, the court decided to vacate the order adjudicating him as a delinquent child due to the lack of sufficient evidence that he knowingly and intelligently waived his right to a trial by jury. One judge dissented.

Continue ReadingJ-2014-980

M 2009-1064

  • Post author:
  • Post category:M

In OCCA case No. M 2009-1064, Jesse Douglas Stein appealed his conviction for Domestic Abuse- Assault and Battery. In a published decision, the court decided to reverse the Judgment and Sentence and remand the matter for a new trial. One judge dissented. Jesse Douglas Stein was charged with domestic abuse and had a trial without a jury. He was found guilty and got a sentence that included some jail time and a fine. However, Jesse claimed that he did not properly give up his right to have a jury trial, which is really important. The court found that there was not enough proof that he made this choice in a clear and smart way. During the appeal, the State tried to add more information to the case, but the court decided that this new information did not prove that Jesse had given up his right to a jury trial the right way. Because of this mistake, the court said that they would send the case back for a new trial where Jesse could have a jury. The judges agreed that they needed to reverse the earlier decision because of the issues with the jury trial waiver. They did not need to look at other reasons Jesse gave for appealing since they already decided to reverse the decision and start fresh. In summary, Jesse's conviction was overturned, and he was given another chance for a trial with a jury.

Continue ReadingM 2009-1064

F-2008-329

  • Post author:
  • Post category:F

In OCCA case No. F-2008-329, the appellant appealed his conviction for Trafficking in Illegal Drugs, Possession of Controlled Substance, Possession of Drug Paraphernalia, and Driving a Motor Vehicle while Under the Influence of Alcohol and Drugs. In an unpublished decision, the court decided that because there was no record showing that the appellant waived his right to a jury trial, his conviction must be overturned and he is entitled to a new trial. One judge dissented.

Continue ReadingF-2008-329

F-2005-405

  • Post author:
  • Post category:F

In OCCA case No. F-2005-405, Edward Mark Szczepan, Jr., appealed his conviction for Assault and Battery upon a Police Officer. In a published decision, the court decided to affirm the conviction but modified the sentence. The dissenting opinion was not recorded. Szczepan was tried in a non-jury trial and found guilty of assaulting a police officer. The court sentenced him to four years in prison and a $1,000 fine. He challenged two things in his appeal. First, he questioned whether he properly waived his right to a jury trial. The court found that the record showed he had indeed made a valid waiver. The second challenge was about whether the evidence was enough to prove he had prior felony convictions. The State admitted they failed to show this evidence during the trial. Because the prior convictions must be proven beyond a reasonable doubt, the court agreed that the evidence was insufficient. Since the State could not present proof of Szczepan's prior convictions, the court noted that he could not be given the enhanced sentence that came with those convictions. Thus, the court modified his sentence to one year in prison and reduced the fine to $500. Overall, while the court upheld the conviction, Szczepan's punishment was made less severe due to the lack of evidence for the prior convictions.

Continue ReadingF-2005-405

F 2004-1124

  • Post author:
  • Post category:F

In OCCA case No. F 2004-1124, the appellant appealed his conviction for Shooting with Intent to Kill. In an unpublished decision, the court decided to reverse the conviction and remand the case for a new trial. One judge dissented. The case involved Keith William Matson, who was convicted in Garvin County for shooting with the intent to kill. On May 17, 2004, he chose to have a judge decide his case instead of a jury. However, when the judge made the decision on August 10, 2004, Mr. Matson was not present, and he did not get the chance to hear closing arguments from his lawyer before the verdict was given. Mr. Matson raised a number of issues in his appeal. He argued that the judge should not have been able to make orders after a certain date, that the way the judge found him guilty was not allowed by Oklahoma law, and that he was not there when the judgment was announced. He also claimed that he had been denied a fair trial because of the unusual way the trial was conducted and that he did not get good legal help. The appeals court looked closely at what happened in the trial. It noted that after an earlier attempt to have a jury trial in October 2003 ended in a mistrial because the jury could not agree, Mr. Matson was advised by his lawyer to waive the right to a jury and allow the judge to review transcripts of the earlier trial. However, the law clearly states that a defendant must be present and allowed to have closing arguments during a trial, which did not happen in Mr. Matson's case. Because of these issues, the appeals court decided that Mr. Matson’s conviction needed to be reversed, and he deserved a new trial. The court stated that it was important to make sure that every defendant has a fair trial and their rights are fully protected. The decision made by the judge during the last trial was found to be a serious mistake, which led to the court ruling in favor of a new trial for Mr. Matson. In summary, the court found that the procedure used in Mr. Matson's trial did not follow the law and was unfair, which is why they reversed the conviction and called for a new trial.

Continue ReadingF 2004-1124

J-2004-662

  • Post author:
  • Post category:J

In OCCA case No. J-2004-662, a fifteen-year-old juvenile appealed his conviction for Second Degree Burglary. In a published decision, the court decided to modify the conviction to Illegal Entry instead of Second Degree Burglary. One judge dissented. The case started when the State filed a petition claiming that the Appellant committed the act of burglary. A trial was held without a jury, and the court found him guilty. The Appellant then appealed this decision, claiming there were two main problems. First, the Appellant argued that there was not enough evidence to prove he was guilty beyond a reasonable doubt. The court agreed that the State did not show enough evidence for the breaking part of the burglary charge. However, they decided that the evidence was enough for a different crime called Entering a Building with Certain Intent, which is also known as Illegal Entry. Second, the Appellant argued that he did not properly give up his right to a jury trial. The court said this claim was not valid. They found that the Appellant had a lawyer during the trial and he signed a form saying he was okay with not having a jury. There was no evidence that he did not understand this decision or that he was forced into it. In the end, the court modified the original ruling and confirmed that the Appellant was guilty of Illegal Entry instead of Second Degree Burglary. This decision was officially recorded by the court, and they ordered that the correct information be entered into the court records.

Continue ReadingJ-2004-662