OKLAHOMA
Indigent Defense System

 

 

 

 

 

 

 

   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.