OKLAHOMA
Indigent Defense System

 

 

 

 

 

 

    PROSECUTORIAL MISCONDUCT

 

Baker, Jimmy Lee v. State, COCA Case No. F-2009-528 (June 23, 2010)
(Due Process; Prosecutorial Misconduct) State failed to disclose the victim’s pending drug charges, plea agreement, and prior felony conviction contrary to Brady v. Maryland. Reasonable probability that had the evidence been disclosed to the defense, the result of the trial would have been different. Reversed and remanded for new trial.

Bratcher, Allen Eugene v. State, COCA Case No. F-2009-794 (April 22, 2011)
(Prosecutorial Misconduct; Sentence, Excessive) Prosecutor’s statements during his second closing were improper appeals for sympathy for the victim...the remarks provided a foundation for the request6 of a 70 year sentence, which COCA also deemed "excessive." Sentence modified to 30 years.

Caves, Peggy L. v. State, COCA Case No. F-2006-301 (May 10, 2007)
(Prosecutorial Misconduct) Judgment affirmed, however fine modified due to improper testimony regarding a related civil suit, and because of prosecutor’s appeal to juror sympathy.

Chance, Lonnie Sie v. State, COCA Case No. F-2010-1123 (September 23, 2011)
(Fines, Fees and Costs; Prosecutorial Misconduct; Sentencing, Excessive; Evidence, Other Crimes) Error in the introduction of prior J&S and "pen pack" with improper references to pardon and parole combined with prosecutor’s argument was plain error requiring modification. Misdemeanor sentence modified because it was not subject to enhancement. Remanded for restitution hearing to determine actual loss.

Clayborne, Mark Anthony v. State, COCA Case No. F-2011-509 (September 10, 2013)
(Prosecutorial Misconduct; Jury Instruction, Misleading/Confusing) Conviction for preparing false evidence by attorney reversed.

Dickson, John Wesley v. State, COCA Case No. F-2001-1445 (November 5, 2002)
(Prosecutorial Misconduct) Possession of CDS AFC affirmed but sentence modified from 40 years to 20 years. Prosecutor's improper argument stating his opinion of the appropriate sentence improperly influenced the jury's sentencing decision.

Downey, Billy Mack v. State, COCA Case No. F-2001-106  
(Evidence-General; Prosecutorial Misconduct; Jury Instructions-Misleading/Confusing.) Victim impact evidence inadmissible in the guilt/innocence stage. Trial court erred in excluding evidence based on the Rule of Sequestration. Newly discovered evidence was material and not cumulative. State should not have been allowed to impeach a defense witness with a deferred judgment. Trial court's "supplemental instructions" increased juror confusion. Jury should have been instructed that co-defendants were accomplices as a matter of law. Reversed and Remanded for a New Trial.

Eslick, Gina Diane v. State, COCA Case No. C-2013-254 (November 18, 2013)
(Guilty Plea Decisions; Prosecutorial Misconduct) Error for attorney who counseled plea also represented at Motion to Withdraw Plea hearing. Remanded for new hearing.

Fairley, Ganey Marques v. State, COCA Case No. F-2017-1215 (December 5, 2019)
(Prosecutorial Misconduct; Abuse of Discretion) Evidence of prior abuse allegation presented to jury solely through prosecution’s cross-examination was more prejudicial than probative. Remanded for resentencing.

Fajardo, Eduardo Rivera. v. State, COCA Case No. F-2007-690 (July 24, 2008)
(Prosecutorial Misconduct; Sentence, Excessive) Prosecutorial misconduct and erroneous combination of sentencing options required modification of sentence.

Fajardo, Jose v. State, COCA Case No. F-2001-1506 (November 18, 2002)
(Prosecutorial Misconduct - "Special Advocate" ) Trial Court committed reversible error and violated Appellant's right to due process when it allowed a "special advocate" for the victim to participate in the trial. There is no statutory authority for the appointment of special advocate in a lewd molestation/indecent proposal case. Fundamental error when advocate cross examined witnesses and took an active and adversarial role. Reversed and remanded for new trial.

Fire, Brian Wheatley v. State, COCA Case No. F-2002-548 (August 6, 2003)
(Prosecutorial Misconduct; Evidence - Vouching) Social worker improperly vouched for credibility of victim. Prosecutor repeatedly impeached Appellant with his post-arrest silence. Reversed and remanded for new trial.

Fleming, David Lynn v. State, COCA Case No. F-2012-1014 (February 11, 2014)
(Sentence, Excessive; Prosecutorial Misconduct) Sending unredacted judgments and sentences to the jury was error. Sentence modified to 30 years.

Fomby, Charles Clifton v. State, COCA Case No. F-2005-855 (August 14, 2006)
(Evidence, Other Crimes; Sentencing; Prosecutorial Misconduct) Error in modifying OUJI-CR 10-21 to include the amount of time defendant served on prior convictions, together with prosecutorial misconduct, required modification of sentences from 60 years on two counts, consecutive, to 30 years on each count, concurrent.

Gibbs, Byron Keft v. State, COCA Case No. F-2001-1061 (September 27, 2002)
(Prosecutorial Misconduct.) Plain error occurred when prosecutor over zealously cross-examined Appellant regarding his veracity. Prosecutor also made improper comments concerning the right to remain silent and confusing misstatements regarding the burden of proof on Appellant's "defenses". Sentence modified.

Gibbs, Franklin Lee, Jr. v. State, COCA Case No. F-2004-649 (March 9, 2006) 
(Jury Selection; Due Process; Prosecutorial Misconduct) Denial of statutory peremptories is structural error, not subject to harmless error review. Also, first degree murder cases cannot be enhanced under the habitual offender act. Reversed and remanded for new trial.

Gibson, Frank Leroy v. State, COCA Case No. F-2010-651 (December 13, 2011)
(Prosecutorial Misconduct) Trial court erred in informing jury of defense counsel’s pending criminal case. Prosecutor erred in stating opinion of defendant’s guilt and vouching for state’s witness. Life sentence modified to 25 years

Hawkins, Gavin Lee v. State, COCA Case No. F-2001-264 (May 17, 2002)
(Prosecutorial Misconduct. Twenty year sentence for lewd molestation modified to ten years by reason of an improper prosecutorial closing argument.)

Hoffman, Phill Davonne, Robert C. v. State, COCA Case No. F-2009-1 (October 29, 2009)
(Evidence, Other Crimes; Prosecutorial Misconduct) State’s exhibit included unredacted certified copy showing prior suspended sentence had been revoked in full. Admission of the exhibit was plain error, compounded by prosecutor’s inquiry on cross examination of Appellant. Also, prosecutor’s closing was improper. Sentence modified to the minimum.

Holmes, Aaron M. v. State, COCA Case No. F-2013-668 (August 26, 2014)
(Prosecutorial Misconduct; Sentence, Excessive) Plain error found when prosecutor improperly instructs jurors about prior suspended sentences. Sentence modified from life to thirty years.

Huff, Sheri Denise v. State, COCA Case No. RE-2002-174 (November 6, 2002)
(Fines, Fees & Costs; Sentence - Excessive) Improper to add incarceration fees at time of revocation; fees vacated. Sentences modified to run concurrently instead of consecutively.

James, Kenneth Ray v. State, COCA Case No. F-2003-1421 (August 11, 2006)
(Prosecutorial Misconduct) Argument indicating jurors had a civic duty to find for the State was improper. No objection lodged, but sentence modified.

James, Vernon Leroy v. State, COCA Case No. F-2008-1095 (October 20, 2009)
(Prosecutorial Misconduct) Prosecutorial Misconduct in argument and admission of evidence required modification. Prosecutor engaged in argument in opening statement; appealed to jury sympathy during closing argument; 18 photographs were unnecessarily cumulative. Sentence modified to 45 years.

Jenkins, Steven Eugene v. State, COCA Case No. F-2014-396 (September 29, 2015)
(Prosecutorial Misconduct; Sentence, Excessive) Improper admission of evidence and argument related to probation inflated sentence imposed. Modified from 30 to 20 years.

Joice, Brian Frederick v. State, COCA Case No. RE-2018-1233 (March 5, 2020)
(Revocation / Acceleration Decisions; Abuse of Discretion; Due Process; Ineffective Assistance of Counsel; Sentence, Excessive; Prosecutorial Misconduct) Ineffective assistance for failure to object to revocation on grounds of jurisdiction and excessive sentence. Original sentence exceeded statutory maximum; revocation application was untimely; district court lacked jurisdiction to revoke expired sentence; and the revocation of expired sentence was invalid. Reversed with instructions to dismiss.

Kingery, Earnest Ray Jr. v. State, COCA Case No. F-2006-1015 (November 27, 2007)
(Evidence, Other Crimes; Prosecutorial Misconduct) Defendant charged with one rape, but State presented evidence of additional offense. The combined weight of testimony and argument regarding the uncharged conduct resulted in modified sentence.

Kessee, John Fitzgerald v. State, COCA Case No. F-2004-989 (February 2, 2006) (Prosecutorial Misconduct; Sentence, Excessive) Plain error for prosecutor discuss length of prior sentences in relationship to the dates of convictions. Parole improperly considered during sentencing deliberations. Sentence modified.

Langley, Marty Lee v. State, COCA Case No. F-2012-639 (October 23, 2013)
(Prosecutorial Misconduct) Error in State’s failure to elect which alleged incident upon which it was relying for conviction, thus depriving defendant of right to unanimous verdict. Reversed and remanded for new trial.

Mahaffey, James Lyman v. State, COCA Case No. F-2010-267 (July 19, 2011)
(Prosecutorial Misconduct; Sentence, Excessive) Prosecutor reading Bible verses that had been referenced, but not read into evidence, was plain error and prejudicial. Prosecutor’s explanation of what a "life" sentence meant misstated the meaning of the 85%. Sentences modified to run concurrently.

Mardis, Eric Josiah v. State, COCA Case No. F-2014-942 (February 4, 2016)
(Prosecutorial Misconduct; Sentence, Excessive) Sentences for 5 counts of lewd mol reduced from 100 years to 50 years per count (still consecutive). Jury was improperly allowed to view client’s juvenile mental health record as it had "little if any probative value."

McFarland, Todd Wayne v. State, COCA Case No. F-2006-17 (November 14, 2007)
(Prosecutorial Misconduct; Jury Instructions, Misleading/Confusing) Sentence modified to vacate fine due to improper prosecutorial argument and erroneous instruction which indicated a fine was mandatory.

McNeil, Delbert Earl Jr. v. State, COCA Case No. F-2004-197 (June 8, 2005)
(Prosecutorial Misconduct; Evidence, Other Crimes) Evidentiary harpoons and “grossly improper” testimony given by the officer were not cured by admonition of the trial court. The error appears to have determined the verdict. Reversed and remanded for new trial.

Nahwooksy, Jonathan Bear Robe v. State, COCA Case No. F-2012-236 (December 5, 2013)
(Prosecutorial Misconduct; Sentencing, Excessive) Prosecutor appealed to sympathy for victim and portrayed investigating officer and herself as "champions of the victim and of justice." Sentence modified.

Noble, Terriss Donahue v. State, COCA Case No. F-2004-1065 (August 12, 2005)
(Evidence, Vouching; Prosecutorial Misconduct) Welfare worker improperly testified that victim was truthful; trial court erred in denying requested instruction on impeachment; prosecutor improperly referred to defendant as a “monster.” Cumulative effect of errors required reversal. Reversed and remanded for new trial.

Nye, James Newton v. State, COCA Case No. F-2005-41 (May 22, 2006) (Sentence, Excessive; Prosecutorial Misconduct) Modification required because sentence was excessive and because of prosecutorial misconduct - namecalling, arguing issues of parole, arguing "guilt by association", and improper bolstering. Sentence modified from 60 years to 20 years.

O’Neal, Johnny Sanders IV v. State, COCA Case No. F-2012-226 (October 15, 2013)
(Prosecutorial Misconduct) Sentence modified upon finding of plain error for injection of parole/probation into sentencing decision.

Orcutt, Daniel Kelly v. State, COCA Case No. F-2001-1529 (June 19, 2003)
(Jury Deliberations; Prosecutorial Misconduct) Reversible error occurred in allowing jury to separate during deliberations over objection. Also, prosecutor's statements on defendant's failure to testify were error. Reversed and remanded for new trial.

Owen, Timmy Eugene v. State, COCA Case No. F-2006-598 (April 13, 2007)
(Sentence, Excessive; Prosecutorial Misconduct) State improperly questioned defendant about specific allegations regarding offenses for which he was imprisoned when he escaped. Sentences reversed and remanded.

Paddock, Joe Lynn v. State, COCA Case No. F-2003-336 (June 21, 2004)
(Prosecutorial Misconduct) Prosecutor made repeated references concerning right to remain silent and personal attacks that had no relevance except to influence the jury. Sentences on Counts I and II modified from 50 to 25 years.

Phillips, Jimmy Allen v. State, COCA Case No. F-2004-576 (June 8, 2005)
(Prosecutorial Misconduct) Defendant denied a fair trial because of improper remarks made by the prosecutor during closing argument. Some form of relief warranted as incentive against such improper argument. Sentences modified to run concurrently.

Pollard, Omar Sharrod v. State, COCA Case No. F-2012-732 (February 26, 2014)
(Sentence, Excessive; Prosecutorial Misconduct; Evidence, Other Crimes) Inclusion of numerous transactional prior felonies and information regarding the suspended sentences on those cases. Sentence modified from 40 years to 25 years.

Robbins, David Wayne v. State, COCA Case No. F-2004-907 (August 5, 2005)
(Prosecutorial Misconduct) Prosecutor’s sentencing stage closing arguments made unmistakable references to the pardon and parole system to Appellant’s prejudice. Sentence modified.

Robertson, Steven Wayne v. State, COCA Case No. F-2001-313 (March 13, 2002)
(Prosecutorial Misconduct, Excessive Sentence; Persistent improper comments by prosecutor require modification of sentence.)

Romo, Johnnie Edward v. State, COCA Case No. O-98-461 (April 13, 1999)
(Revocation) State did not exercise due diligence in prosecuting application to revoke. State allowed Appellant's suspended sentences to expire before actually obtaining his presence in open court, even though his whereabouts were readily apparent. Reversed and remanded with instructions to dismiss.

Sanders, Marc v. State, COCA Case No. F-1998-784, (Sept. 21, 1999)
(Prosecutorial Misconduct, Closing Argument)

Sinclair, Luke v. State, COCA Case No. F-2004-146 (June 8, 2006)  (Prosecutorial Misconduct; Sentence, Excessive; Jury Instructions, Other) Jury improperly influence by Prosecution’s inflammatory argument. Jury should have been informed of 85% rule. Reversed and remanded for resentencing.

Scyffore, Eddie v. State, COCA Case No. F-1997-1268, (July 7, 1999)
(Prosecutorial Misconduct, Closing Argument, reference to parole)

Smith, Joseph Lander v. State, COCA Case No. F-2009-535 (July 2, 2010)
(Prosecutorial Misconduct; Evidence, Other Crimes; Sentence, Excessive) Failure to redact information re: defendant’s prior suspended sentence and State’s use of this information in closing required modification. Sentence modified.

State v. Moyers, Larrie & Theresa, COCA Case No. S-2006-117 (August 29, 2006)
(Prosecutorial Misconduct) State appeal. Trial court dismissed new charges filed after judicial modification of sentence reached through plea bargain in the same case. Court found no abuse of discretion in trial court’s ruling that the filing of new charges was retaliatory, and affirmed.

Thompson, Gregory Scott v. State, COCA Case No. F-2006-68 (May 22, 2007)
(Prosecutorial Misconduct; Sentence, Excessive) Murder I sentence modified from LWOP to Life because trial court erred in bifurcating Murder I trial and allowing State to present prior convictions. Also, jury should have been instructed on 85% rule.

Van Dusen, Jason v. State, COCA Case No. F-2003-1316 (October 13, 2004)
(Prosecutorial Misconduct; Sentence, Excessive) Prosecutor improperly injected the possibility of parole into second stage closing argument. Sentences modified from 75 years to 30 years.

Watson, Walter Dewitt v. State, COCA Case No. F-2007-638 (August 17, 2009)
(Double Jeopardy/Double Punishment; Prosecutorial Misconduct; Fines, Fees and Costs) Separate convictions for trafficking different kinds of CDS (meth and cocaine), and separate convictions for possession of a sawed off shotgun and possessing the shotgun and other firearms during the commission of a felony each constitute multiple punishments for single offenses. One trafficking count and one count possession of firearm reversed. State’s misstatement of evidence in closing argument required modification of sentence. Fines vacated because imposed by the judge and not the jury.

Wiggins, James Lee v. State, COCA Case No. F-2003-1145 (September 10, 2004)
(Prosecutorial Misconduct) Sentence modified because of improper comments regarding actual time served on prior convictions.

Whitmore, Marion v. State, COCA Case No. F-2004-1283 (July 7, 2006) (Prosecutorial Misconduct; Sentence, Excessive) Prosecutor drew improper inferences from defendant’s failure to serve full sentences on prior convictions. Sentence modified.

Wright, Larry Eugene v. State, COCA Case No. F-2005-5577 (December 5, 2006)
(Prosecutorial Misconduct) One of four counts dismissed because prosecutor argued prior convictions as propensity for guilt. Second prosecutor improperly shifted burden of proof by arguing that to acquit, the jury had to believe everything the defendant said.

Young, Hugo v. State, COCA Case No. RE-2000-251, (Feb. 2, 2001)
(Revocation, excessive sentence, abuse of discretion)