Witness Bias Archives - OCCA Opinions

F-2004-914

Post author:Staff
Post published:March 2, 2007
Post category:F

In OCCA case No. F-2004-914, Mark Wayne Johnson appealed his conviction for Child Sexual Abuse. In a published decision, the court decided to reverse the conviction and order a new trial. One judge dissented. Mark Wayne Johnson was found guilty of Child Sexual Abuse and sentenced to twenty years in prison along with a fine. He believed that his lawyer did not do a good job during the trial. Johnson pointed out that his lawyer failed to bring in expert witnesses who could have helped his case and also did not challenge important evidence properly. Johnson raised several issues in his appeal. He claimed that the trial judge acted unfairly by scolding his lawyer in front of the jury. This made Johnson feel that he did not get a fair trial. He also argued that important evidence and witness credibility were not handled properly by the trial court, and that numerous mistakes made by his lawyer affected the outcome of the trial. The court reviewed these claims and found that there were many significant errors in how Johnson was represented. The judges said that Johnson's lawyer did not cross-examine witnesses properly or address inconsistencies in the testimonies. They concluded that all these mistakes could have changed the trial's outcome, meaning Johnson did not receive the fair trial he deserved. As a result of these findings, the court reversed Johnson's conviction and ordered a new trial.

F-2003-1261

Post author:Staff
Post published:December 23, 2004
Post category:F

In OCCA case No. F-2003-1261, Ronnie Odell Gargus appealed his conviction for Rape by Instrumentation, five counts of Sodomy, and Lewd Acts with a Child. In an unpublished decision, the court decided to affirm Gargus' convictions and sentences. One judge dissented. The case involved a jury trial where Gargus was found guilty of serious sexual offenses against a child. The jury decided on lengthy prison sentences for each count, totaling a significant amount of time in prison. Gargus raised two main points in his appeal. First, he argued that he should have been allowed to ask the State's expert witness about any bias in his testimony against Gargus. The court acknowledged that usually, a witness cannot be questioned about their past arrests if there was no conviction. However, the court agreed that there are times when it is important to explore a witness’s potential bias, especially if the witness has pending criminal issues. Despite this, the court found that excluding the questioning about the expert's bias did not change the outcome of the case since there was also strong evidence against Gargus, including the child’s own credible testimony. Second, Gargus claimed he was not properly informed before the court ordered him to pay restitution to the victim. The court noted that Gargus did not raise this issue during the trial. However, they agreed that the amount of restitution was not clearly supported by evidence, and that needed to be corrected. The court ordered a new hearing to determine the correct amount that Gargus should pay. Overall, the court upheld the convictions and long sentences but recognized that some legal issues concerning restitution needed further attention. They will have a new hearing to ensure the restitution amount is fair and based on proper evidence.

F-2003-1089

Post author:Staff
Post published:March 13, 2004
Post category:F

In OCCA case No. F-2003-1089, Micah Ananias Horn appealed his conviction for Committing Indecent or Lewd Acts with a Child. In a published decision, the court decided to reverse the conviction and remand the case for a new trial. One judge dissented. Horn was found guilty and sentenced to eight years in prison. He argued that several things were wrong with his trial. First, he said he didn't get a fair trial because the jury saw video evidence about a lie detector test, which is not allowed in court. He also claimed his confession was not given freely and that the prosecutor unfairly tried to make the jury feel sorry for the victim. Horn believed there wasn't enough evidence to show he did something sexual, and he thought the way the prosecutor spoke during the trial was unfair and confusing. After looking closely at all the information, the court agreed with Horn on two main points. The first was that the mention of the lie detector test could have influenced the jury’s decision and that it was serious enough to affect the outcome. The second point was that the way the prosecutor explained the burden of proof to the jury was incorrect and could confuse them about what beyond a reasonable doubt means. Since these mistakes were significant, the court ruled that Horn's conviction should be overturned, and he should have a new trial to make sure he gets a fair chance to defend himself.