JURY INSTRUCTIONS, OTHER
Andrews, Christopher v. State, COCA Case No. F-2000-451, (June 8,
2001)
(Jury Deliberations, Sequestration)
Bills, Kassie Lakei v. State, COCA Case No.
F-2009-404 (May 5, 2011)
(Jury Selection; Jury Instructions, Other) Preliminary discourse from trial
court during voir dire on how to handle potential deadlock was plain error.
Reversed and remanded for new trial.
Brazell, Reginald Lamond v. State, COCA Case No.
F-2004-767 (May 23, 2006)
(Sentence, Excessive; Jury Instructions, Other) Court erred in failing to
instruct on the 85% Rule under Anderson. Sentences modified.
Carr, Kendall Dewayne v. State, COCA Case No.
F-2005-1150 (October 30, 2006)
(Jury Instructions, Other) Plain error for trial court to give a non-uniform
"dynamite" instruction that failed to admonish jurors not to abandon their
honestly held beliefs. Reversed and remanded for new trial.
Cordon, Richard James v. State, COCA Case No. F-2001-668
(November 7, 2002)
(Jury Instructions) Second Degree Murder conviction reversed and remanded for
new trial because the trial court failed to give requested instruction on
exculpatory statements of the defendant.
Davis, Robert Glenn v. State, COCA Case No.
F-2005-901 (December 8, 2006)
(Sentence, Excessive; Jury Instructions, Other) Court erred in failing to
instruct on the 85% Rule under Anderson. Sentence modified.
Douglas Jr., Michael v. State, COCA Case No. F-1999-558, (July 6, 2000)
(Jury Instructions, Flight Instruction)
Drew, William Earl v. State, COCA Case No.
F-2005-651 (July 14, 2006)
(Sentence,
Excessive; Jury Instructions, Other) Plain error occurred when trial court
failed to instruct on the 85% rule. Sentences modified.
Fears, Daniel Hawkes v. State, COCA Case No.
F-2004-1279 (July 7, 2006)
(Evidence,
Sufficiency; Jury Instructions, Other; Prosecutorial Misconduct) Juries should
be instructed on consequences of verdict of not guilty by reason of insanity.
Prosecutorial misconduct occurred in mis-characterization of expert testimony,
injection of prosecutor opinion, and pleas for sympathy for victims. State
failed to rebut defendant’s claim of insanity beyond a reasonable doubt.
Reversed and remanded for an entry of verdict of Not Guilty by Reason of
Insanity
Finley, Felix IV v. State, COCA Case No.
F-2004-682 (May 1, 2006)
(Sentence,
Excessive; Jury Instructions, Other) Court erred in failing to instruct on the
85% Rule under Anderson. Remanded for resentencing.
Gaines, Johnny, F-1999-1338,
Dec. 29, 2000
Gatewood, Clarence Andre v. State, COCA Case No.
F-2005-829 (November 17, 2006)
(Sentencing; Jury Instructions, Other) Court erred in failing to instruct on
the 85% Rule. Sentence modified.
Gray, Bobby v. State, COCA Case No. F-1999-1388, (Aug. 24, 2000)
(Jury Instructions, Sentence, DUI punishment range)
Harjo, Jonathan Dwight v. State, COCA Case No.
F-2004-1261 (May 16, 2006)
(Sentence, Excessive; Jury Instructions, Other) Court erred in failing to
instruct on the 85% Rule under Anderson. Sentences modified.
Houston, Leonard v. State, COCA Case No. F-1998-1076, (Feb. 3, 2000)
(Jury Instructions, Fines)
Hurst, Anthony Marnette v. State, COCA Case No.
F-2006-191
(October 10, 2007)
(Sentence, Excessive; Jury Instructions, Other) Jury should have been
instructed on applicability of 85% rule. Remanded for re-sentencing.
Ingram, Johnny Lee v. State, COCA Case No.
F-2015-1007 (June 8, 2017)
(Jury Deliberations; Jury Instructions, Other) Reversed and remanded for new
trial because trial court failed to sufficiently answer the jury’s questions
concerning the uniform jury instruction defining principals and aiding and
abetting.
Johnson, Darrell Robert v. State, COCA Case No.
F-2003-1084 (October 31, 2005)
(Jury instructions, Other; Jury Deliberations) Deliberations after one juror
backed out of verdict were coercive under circumstances of case. Trial judge
failed to give OUJI deadlocked jury instruction after poll revealed need for
further deliberations. Reversed and remanded for new trial.
Jones, Robert Larue v. State, COCA Case No.
F-2006-1339 (March 27, 2008)
(Jury Instructions; Other) Trial court failed to instruct on alibi defense
on basis that only evidence of alibi was the defendant’s testimony. Reversed and
remanded for new trial.
Kirk, Eugene v. State, COCA Case No. F-2001-278
(July 9, 2002)
(Double Punishment; Jury Instructions. Convictions for Domestic Abuse and
Assault and Battery with a Dangerous Weapon arising from one act violate
statutory protections against multiple punishment. Trial court erred in refusing
to give requested instructions on impeachment by prior bad acts when witness
admitted to perjury in a prior trial. Error ruled harmless beyond a reasonable
doubt due to substantial evidence. Count II: Domestic Abuse After Former
Conviction of Domestic Abuse reversed and remanded with instructions to
dismiss.)
Locust, Johnny Freddy v. State, COCA Case No.
F-2004-997 (April 3, 2006)
(Jury Instructions, Other; Sentencing) Since the case was
pending on direct review when Anderson was decided, the jury
should have been informed of the 85% rule. Sentence modified sua sponte based on
the "principle of equal treatment among similarly situated Appellants whose
cases are pending on direct review."
Marks, Aaron Christopher v. State, COCA Case No.
F-2005-684
(October 16, 2006)
(Sentence, Excessive; Jury Instructions, Other) Court erred in failing to
instruct on the 85% Rule under Anderson. Sentence modified.
Mays, Jerry Lee v. State, COCA Case No.
F-2005-422
(April 26, 2006)
(Sentence, Excessive; Jury Instructions,
Other) Court erred in failing to instruct on the 85% Rule under Anderson.
Sentences modified.
Mills, Alfred Junior v. State, COCA Case No.
F-2004-935 (August 27, 2007)
(Sentence, Excessive; Jury Instructions, Other) Jury should have been
instructed on applicability of 85% rule, even though trial occurred prior to
Court’s published decision in Anderson. Sentence modified on Petition for
Rehearing.
Mintz, Saul E. v. State, COCA Case No.
F-2005-1057 (July 11, 2006)
(Sentence,
Excessive; Jury Instructions, Other) Plain error occurred when trial court
failed to instruct on the 85% rule. Sentences modified.
Moore, Edgar Allen v. State, COCA Case No.
F-2005-1031 (November 8, 2006)
(Evidence, Sufficiency; Sentencing; Jury Instructions, Other) Mere
possession of stolen property not sufficient to prove KCSP. State must prove
defendant has knowledge property is stolen. Count Dismissed. Court erred in
failing to instruct on the 85% Rule. Sentence modified.
Payne, Darius Darrell v. State, COCA Case No.
F-2010-131 (October 21, 2011)
(Sentence, Enhancement; Sentence, Excessive; Evidence, Other Crimes; Jury
Instructions, Other) Remanded for resentencing on two counts, including
trafficking (LWOP) and marijuana - second offense to improper instructions
regarding finding of prior drug-related offenses for purposes of
enhancement. Also, misdemeanor paraphernalia modified from one year to three
months because jury improperly exposed to defendant’s priors before sentencing
on the misdemeanor.
Phillips, Gary Lynn v. State, COCA Case No.
F-2005-529 (December 18, 2006)
(Sentence, Excessive; Jury Instructions, Other) Considering the record as a
whole, including the nature of the crime, Appellant’s health, the arguments
about remorse, the victim sympathy comment, jury notes, and the applicability of
the 85% Rule under Anderson, the court finds the sentence excessive. Sentence
modified from 50 years to 30 years and ordered to be served concurrently with
other counts.
Pierson, Deitric Bernard v. State, COCA Case No.
F-2004-874 (June 21, 2006)
(Sentence, Excessive; Jury Instructions, Other) Plain error occurred when
trial court failed to instruct on the 85% rule. Life sentence modified to thirty
years.
Royal, Sheila Diane v. State, COCA Case No.
F-2010-99 (October 21, 2011)
(Sentence, Enhancement; Sentence, Excessive; Evidence, Other Crimes; Jury
Instructions, Other) Sentence for possession of paraphernalia modified because
sentencing occurred after second stage enhancement for the felony counts;
misdemeanor was not subject to enhancement.
Sanders, Keandre Lee v. State, COCA Case No.
F-2005-597 (July 6, 2006)
(Sentence,
Excessive; Jury Instructions, Other) Plain error occurred when trial court
failed to instruct on the 85% rule. Sentences modified.
Schoonover, John Edward v. State, COCA Case No.
F-2003-633 (September 8, 2004)
(Evidence, Sufficiency; Jury Instructions, Other) Evidence introduced at trial
was insufficient as a matter of law to convict on the crime of accessory after
the fact to a murder, based on actions after injury to child but before death.
Trial court erred in instructing on accessory to murder, where instruction was
not requested by defendant. Reversed for new trial.
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.
Suggs, Jonathan Lamont,
COCA Case No. F-2019-37 (June 24, 2021)
(Direct/Jury Instructions, Lesser Offenses/Sentence, Excessive) Count 3 of the
Judgment and Sentence is Reversed and Remanded for a new trial. The trial
court’s failure to instruct the jury on the lesser-included offense of illegal
entry was plain error.
Terrill, Thomas v. State, COCA Case No.
F-2005-527
(November 9, 2006)
(Sentence, Excessive; Jury Instructions, Other) Court erred in failing to
instruct on the 85% Rule under Anderson. Sentence modified.
Vaughn, Christopher Alan,
COCA Case No. F-2020-291
(June 10, 2021)
(Direct/Jury Instructions, Other/Sentence, Excessive) Re-sentencing for client
sentenced to Life Without Parole on a crime that carries 20 - Life or LWOP. Jury
instructions mandated LWOP, and the Judge sentenced him pursuant to the
erroneous instructions.
Vega, Gilbert Jr. v. State, COCA Case No.
F-2006-110
(July 19, 2007)
(Sentence, Excessive; Jury Instructions, Other) First degree felony murder,
LWOP, reversed and remanded for resentencing because jury should have been
instructed on applicability of 85% rule, even though trial occurred prior to
Court’s published decision in Anderson.
Watie, Denise Sue v. State, COCA Case No.
F-2005-129 (April 3, 2006)
(Jury
Instructions, Other; Sentencing) Upon timely and specific
request, jury should have been informed of the 85% rule. Sentence modified.
White, Marvin Royston v. State, COCA Case No.
F-2005-110
(May 11, 2007)
(Jury Instructions, Other) Plain error found in failure to give involuntary
intoxication instruction, where defendant testified he did not know alcohol
content in over-the-counter medication. DUI Manslaughter conviction reversed and
remanded for new trial.
Whitworth, Johnny Lee v. State, COCA Case No.
F-2006-408 (October 17, 2007)
(Sentence, Excessive; Jury Instructions, Other) Jury should have been
instructed on applicability of 85% rule. Sentence modified.
Wooden, Steven Antonio v. State, COCA Case No.
F-2005-391 (November 1, 2006)
(Sentence, Abuse of Discretion; Sentence, Excessive; Jury Instructions,
Other) Trial court’s refusal to exercise its discretion to consider imposition
of concurrent sentences constituted an abuse of discretion. Sentence modified to
twenty years and ordered served concurrently.
Wymer, James Joseph v. State, COCA Case No.
F-2005-814 (May 23, 2006)
(Sentence, Excessive; Jury Instructions, Other) Court erred in failing to
instruct on the 85% Rule under Anderson. Sentences modified.