Allen, Arthur Lee v. State, COCA Case No. F-2013-608 (September 16, 2014)
(Double Jeopardy/Double Punishment) Same handgun formed basis for two counts of Possession of a Firearm AFC. One count reversed with instructions to dismiss.

Allen, Desiray Jaibai v. State, COCA Case No. F-2005-471 (June 9, 2006)  (Sentence, Excessive; Evidence, Other Crimes) Trial court committed plain error when it admitted evidence of other crimes included in exhibit with Judgment and Sentence, resulting in excessive sentence. Sentences modified.

Andrews, Christopher  v. State, COCA Case No. F-2000-451 (June 8, 2001)
(Jury deliberations, Sequestration)

Aragon, Bryan Decheveria v. State, COCA Case No. F-2012-167 (September 23, 2013)
(Double Jeopardy/Double Punishment; Sentence, Excessive) Counts for Kidnapping and Possession of Firearm in Commission of a Felony dismissed because they arose out of the same act resulting in convictions for Robbery with a Firearm.

Armstead, Clayton v. State, COCA Case No. F-2001-991 (October 31, 2002)
(Jury Instructions - Misleading) Judgment affirmed but sentence modified from thirty years to ten years. Jury was improperly instructed on the sentencing range.

Armstrong, Michael Anton v. State, COCA Case No. F-2004-1106 (February 28, 2006) (Fines, Fees and Costs) Appellant improperly sentenced under combination of habitual offender statute and drug statute. Fine modified to maximum under habitual offender statute.

Arndt, Joseph Randal v. State, COCA Case No. F-2011-473 (June 25, 2013)
(Sixth Amendment) Plain error for trial court to deny opportunity for cross-examination of co-defendant’s testimony. Reversed and remanded for new trial.

Arnold, Carole Jean v. State, COCA Case No. F-2002-653 (June 2, 2003)
(Jury Instructions-Misleading/Confusing) Jury incorrectly instructed on range of punishment. Trial court erred in admitting testimony regarding HGN test in DUI case without requiring state to satisfy Daubert. Court found this error harmless in light of other evidence of guilt. Sentence modified from 5 years to 2 years.

Aranda, Joel Christion. v. State, COCA Case No. S-2011-0024 (October 17, 2011)
(State Appeals) State appealed magistrate’s ruling sustaining demurrers to 6 counts. Magistrate’s ruling was upheld by the district court. State failed to show an abuse of discretion.

Ashlock, David v. State, COCA Case No. F-2000-1138, (Aug. 31, 2001)
(Lesser Offense Instruction, Defendant Objection)

Avey, Keith v. State, COCA Case No. F-2000-618, (Aug. 31, 2001)
(Restitution, Procedure)

Baack, Michael Ray v. State, COCA Case No. F-2012-478 (December 12, 2013)
(Fines, Fees and Costs) Remanded for an order nunc pro tunc to reflect no fine, which was waived by trial court.

Bacon, Donnie Joe v. State, COCA Case No. F-2001-1224 (June 29, 2004)
(Evidence - General; Evidence - Other Crimes) Sentences modified because of police officer’s violation of pre-trial order restricting testimony; also because other crimes evidence was inadmissible because it did not fall into established exception, was not relevant and prejudice outweighed probative value impact.

Bain, Nacole Ryan, COCA Case No. C-2019-853 (April 1, 2021)
(Direct/McGirt Ruling/Muscogee Creek Nation) The Court found that the Muscogee Creek Nation is a federally recognized tribe and that the crime occurred within the Muscogee Creek Reservation. Because of that, the Court ruled that the District Court did not have jurisdiction and remanded the case with instructions to dismiss.

Baird, Dontrell Maurice v. State, COCA Case No. F-2002-1509 (November 18, 2003)
(Sentence Enhancement) Three counts remanded for resentencing because of erroneous enhancement instructions.

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.

Baldwin, Tammy v. State, COCA Case No. F-2000-991, (Oct. 2, 2001)
(Double Jeopardy, Methamphetamine and marijuana)

Bales, Roy Carl Jr. v. State, COCA Case No. F-2006-780 (May 23, 2007)
(Jury Instructions, Misleading/Confusing; Sentence, Excessive) Sentence for Unauthorized Use of Vehicle modified from 6 to 3 years because jury was incorrectly instructed on the range of punishment.

Ball Jr., Floyd Joseph, COCA Case No. C-2019-263 (April 1, 2021)
(Certiori/McGirt Ruling/Cherokee Nation) The Court found that Petitioner is a member of the Cherokee Nation and was so at the time of the crimes, and that the Cherokee Nation is an Indian Tribal Entity recognized by the federal government. Because of that, the Court ruled that the District Court did not have jurisdiction and remanded the case with instructions to dismiss.

Ball, Jr., Floyd Joseph, COCA Case No. F-2020-54 (June 3, 2021)
(Direct/McGirt Ruling/Choctaw Nation) The Court found that the Choctaw Nation is a federally recognized tribe and that the crime occurred within the Choctaw Nation Reservation. Because of
that, the Court ruled that the District Court did not have jurisdiction and remanded the case with instructions to dismiss.

Bandy, Jason L. v. State, COCA Case No. S-2007-1212 (August 6, 2008)
(State Appeals; Evidence, Expert Testimony) Trial court’s suppression of results of DUI blood test affirmed because it was not done pursuant to statutory provisions. State appeal failed to show that suppressed evidence formed a substantial part of the proof of case against defendant for negligent homicide.

Barham, Dre Edward v. State, COCA Case No. F-2013-633 (April 25, 2014)
(Double Jeopardy/Double Punishment; Jury Instructions, Misleading/Confusing; Fines, Fees and Costs) Convictions for simultaneous lewd molestation and sodomy violate prohibition against multiple punishment for a single offense. Lewd molestation count reversed to dismiss. Fine vacated because of misinstruction of mandatory fine.

Barnes, Robert  v. State, COCA Case No. F-2000-671 (June 7, 2001)
(Double Punishment; Maiming & Assault and Battery; injury arose from single act)

Barnett, Bruce Morris v. State, COCA Case No. F-2005-357 (June 23, 2006)  (Fines, Fees and Costs) District court erred by imposing a fine in excess of that permitted by law. Fine modified.

Barrett, Randy DeWayne v. State, COCA Case No. F-2002-1351 (April 15, 2004)
(Ineffective Assistance of Counsel) Trial counsel’s misinformation regarding parole eligibility induced Barrett to waive lesser included offense instructions, which he was clearly entitled to receive. Reversed and remanded for new trial.

Barnett, Suzanne D. v. State, COCA Case No. F-2008-289 (September 3, 2009)
(Drug Court; Sentence, Abuse of Discretion) Decision to end drug court participation was an abuse of discretion. Termination from Drug Court reversed with instructions to reinstate.

Barry, Michael Lee v. State, COCA Case No. F-2002-324 (June 25, 2003)
(Sentence - Excessive) Sentence imposed for misdemeanor was outside the statutory range. Modified from one year to six months.

Barry, Michelle Ann v. State, COCA Case No. F-2007-336 (September 25, 2008)
(Ineffective Assistance of Counsel) Trial counsel’s failure to even attempt to limit the admission of highly prejudicial evidence at trial was unreasonable and deficient. Reversed and remanded for a new trial.

Batise, Sherl D. v. State, COCA Case No. F-2001-211 (March 20, 2002)
(Restitution; failed to determine whether Appellant could pay restitution without imposing manifest hardship, amount determined without reasonable certainty.)

Battle, Jeremy Lavell v. State, COCA Case No. F-2003-305 (December 4, 2003)
(Evidence - Sufficiency) Accomplice testimony not sufficiently corroborated. Conviction for Robbery with a Firearm reversed with instructions to dismiss.

Bazemore, Richard Harold v. State, COCA Case No. F-2011-499 (May 15, 2013)
(Fines, Fees and Costs) Plain error found where Appellant was overcharged for PSI.

Bearshead, Earnest Toby v. State, COCA Case No. F-2012-1039 (January 23, 2014)
(Evidence, Sufficiency) Charge of False Personation reversed with instructions to dismiss on insufficient evidence that defendant gained a benefit from giving incorrect ID info to police.

Beck, Joses Ric-E, COCA Case No. F-2019-115 (April 8, 2021)
(Direct/McGirt/Chickasaw Nation) The Court found that the Chickasaw Nation is a federally recognized tribe and that the crime occurred within the Chickasaw Nation Reservation. They also found that Appellant had Chickasaw blood and was an enrolled member at the time of the crime. Because of that, the Court ruled that the District Court did not have jurisdiction and remanded the case with instructions to dismiss.

Bell, Joan v. State, COCA Case No. M-2015-506 (August 17, 2016)
(Evidence, Sufficiency) Evidence insufficient to support OKC municipal charges of disorderly conduct and obstructing a lawful command.

Belvin, Timothy Ray v. State, COCA Case No. F-2008-229 (January 13, 2009)
(Evidence, Sufficiency) Element of charge not sufficiently proven at trial. One count of Lewd Acts with a Child reversed with instructions to dismiss.

Bennett, Charles Leonard III v. State, COCA Case No. F-2014-1019 (February 26, 2016)
(Restitution) Restitution order vacated and remanded for proper determination of loss.

Bennett, Joseph Scott, COCA Case No. F-2020-818 (April 28, 2022) (Direct/McGirt/Cherokee Nation) The Court found that the Appellant is a member of a federally recognized tribe and that the crime occurred within the Cherokee Reservation. Because of that, the Court ruled that the District Court did not have jurisdiction and remanded the case with instructions to dismiss.

Bennett, Robert Carl v. State, COCA Case No. S-2007-885 (April 29, 2008)
(Evidence, General) State Appeal. Magistrate’s ruling sustaining a demurrer at preliminary hearing affirmed.

Bernal, Tomas Mendiola v State, COCA Case No. F-2002-24 (April 30, 2003)
(Jury Instructions - Misleading/Confusing) Appellant's conviction for maintaining a dwelling where drugs are kept reversed for a new trial because trial court failed to instruct on all the elements of the offense.

Berry, Marcus Dejuan v. State, COCA Case No. F-2010-547 (January 24, 2012)
(Double Jeopardy/Double Punishment) Convictions for Lewd Molestation and Kidnapping violate Section 11. Kidnapping count reversed and dismissed.

Bethel, Deandre v. State, COCA Case No. F-2014-336 (July 15, 2015)
(Double Jeopardy/Double Punishment) Conviction and sentence for robbery with a firearm vacated because the same charge served as the underlying felony for conviction of felony murder.

Bigmedicine, Horace Joe v. State, COCA Case No. F-2013-994 (October 1, 2014)
(Restitution) Trial court erred in imposing restitution without following statutory procedure. Remanded for proper determination of restitution.

Billings, Cleve v. State, COCA Case No. F-1999-381, (April 17, 2000)
(Evidence, Other Crimes, Common Scheme or Plan)

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.

Birmingham, Joe Lee v. State, COCA Case No. F-2008-214 (March 13, 2009) (Sentence, Excessive) Trial court’s failure to sufficiently instruct the jury, specifically 85% rule, was prejudicial. Sentences modified.

Birth, Steven v. State, COCA Case No. F-1999-942, (July 14, 2000)
(Sentence Enhancement, staleness of prior conviction)

Blizzard, Scott v. State, COCA Case No. F-1999-773, (Feb. 16, 2000)
(Evidence, Sufficiency, dominion & control of drugs)

Blythe, Doyle v. State, COCA Case No. M-2006-555 (April 12, 2007)
(Jury Instructions, Theory of Defense) Defendant is entitled to have theory of defense set forth in instruction to jury, where there is evidence to support it and the theory is tenable as a matter of law. Even if it is discredited and wholly self serving. Remanded for new trial.

Boschee, David Roland v. State, COCA Case No. F-2008-1041 (February 22, 2010)
(Evidence, Sufficiency) Evidence presented at trial was insufficient to support conviction for two counts of possession of a firearm AFC. Evidence was that same firearm possessed continuously, thus only one offense, not two.

Bonomelli, James Robert v. State, COCA Case No. F-2004-161 (November 15, 2005)
(Sentence, Excessive) Consecutive sentences modified to be served concurrently, reducing total sentence imposed from 100 years to 40 years.

Boomershine, Danny Joe v. State, COCA Case No. F-2002-101 (January 23, 2003)
(Sentence - Excessive) Aggregate consecutive sentence of 600 years is excessive. Sentences modified to run concurrently.

Bowers, Joyce v. State, COCA Case No. F-1999-264, (May 31, 2000)
(Double Jeopardy/Double Punishment, Felony Murder, Merger Doctrine, Caretaker abuse)

Boyd, Foy Anthony v. State, COCA Case No. M-2004-66 (April 5, 2005)
(Evidence, Sufficiency) Admission into evidence of breath test without proof it was performed in compliance with rules and regulations of the Board, constitutes a substantial violation of statutory rights. Reversed and remanded for new trial.

Bradley, Warren Brian v. State, COCA Case No. F-2014-46 (March 25, 2015)
(Sentence, Excessive) Error to admit exhibits showing more than one conviction arising out of a single transaction for enhancement. Sentence modified to twenty years.

Brannon, Kermit Lee Jr. v. State, COCA Case No. M-2016-483 (August 3, 2017)
(Evidence, Sufficiency) Evidence insufficient to prove unsafe lane change. 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.

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.

Brown, Kevin Maurice v. State, COCA Case No. F-2011-407 (April 29, 2013)
(Double Jeopardy/Double Punishment; Sentence, Excessive) Conviction and sentence for two counts for possession of the same handgun, and the evidence did not show that the possession was discontinuous. One conviction reversed with instructions to dismiss.

Brewer, James, COCA Case No. M-2019-664 (Sept. 24, 2020) (Evidence, Sufficiency) Count of Illegal Entry reversed and ordered dismissed due to insufficient

evidence.

Brewer, Michael Dean, COCA Case No. F-2018-1011 (October 21, 2021) (Direct; Excessive Sentence) Conviction affirmed but fine vacated as plain error because statute for 3rd degree arson allows fine or imprisonment, but not both.

Brewington, George Robert. v. State, COCA Case No. F-2008-832 (December 10, 2009)
(Evidence, Sufficiency) State failed to prove possession of sufficient quantities to require tax stamp. Count reversed and dismissed.

Brock, Michael Keith v. State, COCA Case No. F-2001-1497 (March 12, 2003)
(Double Jeopardy) Convictions for manufacturing methamphetamine and possession of precursor violate Section 11, double punishment provision. Precursor conviction reversed with instructions to dismiss.

Broomhall, John v. State, COCA Case No. F-2018-349 (October 31, 2019)
(Restitution; Abuse of Discretion) Restitution vacated and remanded for proper hearing.

Brown, David Jeffrey v. State, COCA Case No. PC-2006-0638 (February 28, 2007)
(Ineffective Assistance of Counsel) Post Conviction relief granted on basis of IAC. Same attorney handled trial and appeal, new counsel handled post conviction proceedings. Remanded for new trial.

Brown, Donna v. State, COCA Case No. F-2001-687 & RE-2001-887 (April 30, 2002)
(Revocation; Fines, Fees and Costs; Restitution ordered for offenses for which Appellant was never charged or convicted. Summary Order reversing for Evidentiary Hearing on restitution, incarceration fees and costs.

Brown, Elgin v. State, COCA Case No. F-98-1327 (February 11, 2000)
(Evidence, Sufficiency, RICO)

Brown, Jeffrey v. State, COCA Case No. F-2000-771, (Aug. 6, 2001)
(Affirmed, but error found in refusal to consider concurrent sentences because defendant had exercised right to trial).

Brown, Marlin Virgil Jr. v. State, COCA Case No. F-2006-113 (March 28, 2007)
(Double Jeopardy/Double Punishment) Possession of two distinct types of drugs in a single container is a single act. One count reversed with instructions to dismiss.

Brown, Sherman v. State, COCA Case No. MA-2001-117, (July 3, 2001)
(Double Jeopardy, Sentencing, Death Penalty, Retrial)

Estes, Tina A. v. State, COCA Case No. F-2004-939 (September 27, 2005)
(Jury Instructions, Misleading/Confusing; Sentence, Excessive) Jury improperly instructed on the appropriate range of punishment for one count constitutes plain error, impacting all sentences. Sentences modified.

Evans, Jim v. State, COCA Case No. F-2008-531 & M-2008-532 (October 22, 2009)
(Drug Court; Sentence, Excessive) Felony Drug Court termination affirmed. Misdemeanor revocation vacated because sentence had improperly been extended beyond original term of a year; subsequent revocation invalid.

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.

Franklin, Cortez v. State, COCA Case No. F-2000-341 (March 20, 2001)
(Search and Seizure; detention unreasonable)

Franklin, Gordon Fife v. State, COCA Case No. F-2005-228 (April 5, 2007)
(Evidence, Sufficiency; Sentence, Excessive) Conviction for Cruelty to Animals reversed with instructions to dismiss. Evidence insufficient to show animal was "cruelly" injured or suffered a high degree of pain. Excessive sentences for other offenses modified; too much information regarding prior convictions.

Free, Anthony Paul v. State, COCA Case No. F-2006-1086 (February 25, 2008)
(Evidence, Other Crimes) Reversed and remanded for new trial due to other crimes evidence that lacked visible connection to the charged offense.

Freeman, Shawn Conrad v. State, COCA Case No. F-2017-758 (February 7, 2019)
(Fines, Fees and Costs) Remanded for Nunc Pro Tunc where Trial Court imposed $1,000 fine but J&S imposed $10,000 fine.

Frias, Sylvia Coronado v. State, COCA Case No. F-2005-718 (May 24, 2007)
(Sentencing) Trial court increased sentence assessed by jury. No one objected to this alteration of the jury verdict. Remanded with instructions to correct sentence to conform to verdict.

Frost, Anthony Joseph v. State, COCA Case No. F-2004-1305 (May 18, 2006) (Sentence, Excessive; Jury Deliberations) Jury was improperly influenced by information on prior offenses relating to time served vs. actual sentence. Sentence modified

Fryar, Gerald Lamar v. State, COCA Case No. F-2004-1217 (November 23, 2005)
(Sentence, Excessive) Twenty year sentence for walking away from a work center was so disproportionate as to shock the conscience of the Court. Modified to 10 years.

Frye, Bobie Troy v. State, COCA Case No. F-2009-998 (May 5, 2011)
(Jury Selection; Fines, Fees and Costs) Limitation of 30 minutes for Voir Dire not reasonable and an abuse of discretion. In issue of first impression, court finds that non-capital defendants must be allowed to voir dire on sentencing bias (when jurors would consider full range of punishment). Failure to give instruction re: no adverse inference from defendant’s failure to testify, which was requested, is a constitutional and plain error. Imposition of $1,000 fine by court (when jury failed to assess one) was error and must be vacated.

Fuentez, Christopher Shane Lee v. State, COCA Case No. F-2016-626 (July 19, 2018)
(Abuse of Discretion; Double Jeopardy/Double Punishment) Double jeopardy violation when mistrial was declared over defense objection and mistrial was not a matter of “manifest necessity.” Reversed with instructions to dismiss.

Fuller, Airick William, COCA Case No. F-2021-123 (July 7, 2022) (Direct; Sentencing) Court sends back for a Nunc Pro Tunc Judgment and Sentence to reflect the judge’s order that sentences were to be served concurrently. 

Gaines, Johnny v. State, COCA Case No. F-99-1338 (December 29, 2000)
(Jury Instructions, Lesser Offenses, failure to give requested)

Gale, Thomas Edward v. State, COCA Case No. F-2003-1297 (March 1, 2005)
(Double Jeopardy/ Double Punishment) Act of possessing two different precursor substances without a permit violates double punishment statutes.

Gallaway, Ronald Dean v. State, COCA Case No. M-2009-1146 (November 18, 2011)
(Sentence, Excessive) Trial court did not include recommended treatment options in sentencing as required by Section 761(D). Remanded for resentencing.

Galletly, William "Bill" v. State, COCA Case No. M-2007-0560 (May 7, 2009)
(Sentence, Excessive) Conviction for splitting government contracts (to avoid competitive bid process) reversed and dismissed because prohibition did not include criminal penalties at time offense was alleged.

Gallimore, Robert v. State, COCA Case No. F-1999-1428, (Sept. 19, 2000)
(Restitution, Procedure)

Gardner, Isaac v. State, COCA Case No. F-2005-1161 (March 15, 2007)
(Sentence, Excessive) Sentence modified under Anderson rule requiring instruction on the 85 percent rule.

Ganis, Sarah Lynne v. State, COCA Case No. F-2004-293 (July 14, 2005)
(Sentence, Excessive) Appellant’s sentence excessive under facts. All counts modified to run concurrently.

Gargus, Ronnie Odell v. State, COCA Case No. F-2003-1261 (December 23, 2004)
(Restitution) Trial court’s restitution order was not supported by sufficient evidence; remanded for hearing on restitution.

Garrett, Rodney Lamont v. State, COCA Case No. F-2003-976 (September 17, 2004)
(Sentence, Excessive) Sentence for conspiracy to traffic and attempted trafficking modified from 20 years (with 10 years suspended) running concurrently to 10 years on each count to be served concurrently because appellant was not eligible for a suspended term.

Garza, Jeremy L. v. State, COCA Case No. M-2017-739 (May 31, 2018)
(Revocation/Acceleration Decisions) Acceleration reversed where record failed to show valid waiver of counsel and client appeared pro se when deferred sentence accelerated to the maximum for the offense.

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.

Gaut, Alexander v. State, COCA Case No. F-1998-1279, (Dec. 2, 1999)
(Double Jeopardy/Double Punishment, Leaving Scene of Accident)

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.

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.

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, Curtis Dale v. State, COCA Case No. F-2006-905 (April 10, 2008)
(Sentence, Excessive; Jury Instructions, Misleading/Confusing) Trial court’s failure to instruct on the statutory 85% limit on parole eligibility was plain error. Remanded for resentencing.

Gibson, Delbert L. v. State, COCA Case No. F-2006-854 (September 13, 2007)
(Sentence, Excessive; Jury Instructions, Misleading/Confusing) Jury was misinstructed that it was obligated to return an LWOP sentence if it found both prior convictions existed. Sentence modified.

Gilbreath-Hancock, Karena v. State, COCA Case No. F-2013-974 (February 18, 2015)
(Jury Instructions, Misleading/Confusing) Remanded for resentencing after jury was not given full panoply of sentencing options for actual physical control.

Gilford, James Lee Jr. v. State, COCA Case No. F-2010-1237 (September 5, 2012)
(Double Jeopardy/Double Punishment) Convictions for Robbery, A&B and Assault while Masked determined to be all one act. Counts for A&B and Assault while Masked reversed with instructions to dismiss.

Gifford, Claude Thomas v. State, COCA Case No. F-2002-87 (July 9, 2003)
(Double Jeopardy/Double Punishment) Simultaneous convictions for 1^st Degree Robbery by force and fear and A&B with a Dangerous weapon violate prohibition on double punishment. Robbery conviction and sentence reversed with instructions to dismiss.

Gille, Ryan Lee v. State, COCA Case No. M-2004-802 (October 21, 2005)
(Search and Seizure) Arresting officer did not have the requisite reasonable suspicion of criminal activity to justify the investigatory stop of Appellant. Reversed and remanded with instructions to dismiss.

Gipson, Tony Ray v. State, COCA Case No. F-2011-366 (September 12, 2012)
(Evidence, Other Crimes; Prosecutorial Misconduct) Resentencing granted for errors in admission of other bad acts evidence and prosecutorial argument re: lack of remorse.

Glasgow, Holly Ann v. State, COCA Case No. F-2001-1348 (November 20, 2002)
(Jury Instructions - Lesser Offenses) Conviction for Robbery by Force or Fear reversed. Trial court failed to instruct on offense of receiving stolen property. Judgment modified from Robbery to Receiving Stolen Property. Sentence modified from 5 years to 1 year (minimum sentence for lesser offense).

Golden, Ryan v. State, COCA Case No. F-2004-582 (January 10, 2006)
(Jury Selection) Failure to afford defendant in first degree murder case the statutorily-set 9 peremptories is a structural error, not subject to harmless error review. Reversed and remanded for new trial.

Goldman, Christopher Wayne v. State, COCA Case No. F-2015-457 (July 20, 2016)
(Double Jeopardy/Double Punishment) Convictions for both rape and incest based upon the same act violates the double punishment clause of Section 11.

Gonzales, Arnulfo Campos v. State, COCA Case No. F-2018-989 (January 9, 2020)
(Double Jeopardy/Double Punishment) Convictions for both conspiracy to traffic and conspiracy to distribute the same methamphetamine violate prohibition against double punishment. Conspiracy to distribute conviction reversed with instructions to dismiss.

Gore, Robert Leroy v. State, COCA Case No. F-2015-212 (March 24, 2016)
(Due Process) Record insufficient to show knowing, voluntary waiver of jury trial. Reversed and remanded for new trial.

Gorrell, Debra v. State, COCA Case No. F-2000-483, (December 3, 2001)
(Jury Instructions– Misleading/Confusing)

Graham, David Michael v. State, COCA Case No. F-2006-429 (April 23, 2007)
(Restitution; Sentence, Excessive) Restitution orders were not supported by any evidence. Jury should have been instructed on 85% rule. Sentence modified.

Graham, Kenshari Andre v. State, COCA Case No. F-2014-1100 (February 12, 2016)
(Evidence, Other Crimes; Sentence, Excessive) Admission of evidence of other crimes was error, harmless as to guilt/innocence, but affecting sentence. Remanded for resentencing.

Graham, Gene Douglas v. State, COCA Case No. F-2013-1199 (March 24, 2015)
(Abuse of Discretion; Due Process) A ruling by trial judge denied Defendant the opportunity to present a defense. Comments on Defendant’s right to remain silent deprived Defendant of a fair trial. Reversed and remanded for a new trial.

Gravitt, Recil v. State, COCA Case No. F-2000-1308, (Oct. 26, 2001)
(Fines, Not provided for in Habitual Offender Act)

Graves, Arthur Gerald v. State, COCA Case No. F-2004-688 (January 20, 2006)
(Ineffective Assistance of Counsel) Trafficking conviction reversed and remanded for new trial. Counsel team worked at cross-purposes in law and argument.

Gray, Bobby v. State, COCA Case No. F-1999-1388, (Aug. 24, 2000)
(Jury Instructions, Sentence, DUI punishment range)

Greenwood, Kasondra D. v. State, COCA Case No. F-2017-1053 (January 31, 2019)
(Drug Court; Fines, Fees and Costs; Sentence, Excessive) Drug Court termination affirmed but remanded to vacate $500 fine assessed at termination because not included in the original plea into drug court.

Grenemyer, Cody Robert v. State, COCA Case No. F-2008-1199 (February 3, 2010)
(Evidence, General) State overreached with propensity evidence. Trial court must balance the probative value of the evidence against its potential for prejudice. Two LWOP sentences modified to Life

Griffith, Timothy v. State, COCA Case No. F-2005-911 (March 21, 2007)
(Due Process; Jury Instructions, Theory of Defense) Appellant denied due process of law by trial court’s erroneous exclusion of evidence and jury instruction regarding theory of defense to the allegations. One count attempted rape, reversed with instructions to dismiss.

Green, Amy Michelle v. State, COCA Case No. F-2002-9 (November 19, 2002)
(Evidence - General; Sentence - Excessive) The probative value of highly inflammatory evidence was far outweighed by the danger of unfair prejudice and resulted in the imposition of the maximum sentence. Sentence modified from 10 years to 6 years for possession of CDS.

Greer, Rashawn v. State, COCA Case No. F-1998-1087, (Feb. 4, 2000)
(Evidence, Gruesome Photographs, Ineffective Assistance of Counsel)

Grieves, William v. State, COCA Case No. F-1999-589, (May 24, 2000)
(Evidence, Expert Witness, vouching for credibility of child witness; reliability hearing for child victim)

Grimland, Brandon J. v. State, COCA Case No. F-2002-855 (August 14, 2003)
(Sentence - Excessive) Prosecutor improperly injected parole into jury’s sentencing decision. Sentence modified from 100 years’ imprisonment to 25 years’ imprisonment.

Guevara, Jorge Alberto Guevara v. State, COCA Case No.F-2014-253 (May 19, 2015)
(Ineffective Assistance of Counsel) Reversed and remanded for new trial because trial counsel had conflict in representing both clients in a joint trial.

Hopkins, Lincoln  v. State, COCA No. F-99-150, ( August 16, 2000)
(Double Jeopardy, Rape & Kidnapping for Extorting Sexual Gratification)

Horn, Alford v. State, COCA Case No. F-2000-335, (June 29, 2001)
(Discovery violation, sentence modified)

Horn, Micah Ananias v. State, COCA Case No. F-2003-1089 (March 3, 2005)
(Evidence, General) Reversed and remanded for new trial due to improper admission of evidence regarding polygraph examination.

Horn, Russell Wayne, Jr. v. State, COCA Case No. F-2006-736 (October 15, 2007)
(Search and Seizure) Police had search warrant for apartment but not for car and searched car anyway. LWOP sentence for trafficking reversed and remanded for new trial; conviction for possession of cocaine reversed with instructions to dismiss.

House, Richard Allen II v. State, COCA Case No. M-2012-416 (February 11, 2014)
(Pro Se; Abuse of Discretion; Ineffective Assistance of Counsel) Misdemeanor conviction reversed and remanded for lack of record of waiver of counsel and questionable determination of lack of indigence.

Houston, Leonard v. State, COCA Case No. F-1998-1076, (Feb. 3, 2000)
(Jury Instructions, Fines)

Howell, Arnold Dean, COCA Case No. C-2017-998 (March 18, 2021)
(Certiori/McGirt Ruling/Muscogee Creek Nation) The Court found that the Muscogee Creek Nation is a federally recognized tribe and that the crime occurred within the Muscogee Creek Reservation. Because of that, the Court ruled that the District Court did not have jurisdiction and remanded the case with instructions to dismiss.

Hubbard, Ronald Lavel v. State, COCA Case No. F-2005-392 (July 7, 2006) (Sentence, Excessive) Trial court abused its discretion in choosing to run sentences consecutively. Sentences modified to be served concurrently.

Hubbell, James Benjamin v. State, COCA Case No. F-2001-1230 (September 4, 2002)
(Evidence - Other Crimes; Sentence - Excessive.) Prison records introduced during 2^nd Stage contained irrelevant and prejudicial information. Sentence modified.

Hudson, James Michael v. State, COCA Case No. F-2003-1266 (December 21, 2004)
(Judge, Recusal; Ineffective Assistance of Counsel; Sentence, Abuse of Discretion) Sentences modified to run concurrent because of judicial bias. Trial counsel ineffective for failing to ask judge to recuse. Prejudice found in consecutive sentences.

 Hudson, Richard Clay v. State, COCA Case No. F-97-1499 (May 11, 1999)
(Evidence, Other Crimes; Due Process) Fundamental and reversible error to allow State to introduce unfairly prejudicial other crimes and bad act evidence not relevant to any exception to the general rules barring such evidence. Reversed and remanded for new trial.

Hudson, Zachary Michael v. State, COCA Case No. F-2005-440 (August 15, 2006)
(Sentencing) Trial court’s refusal of requested instruction regarding the requirement that the defendant serve 85 percent of sentence resulted in modification of 20 year sentence for manslaughter to 15 years, with the $10,000 fine unchanged.

Hulbutta, Matthew v. State, COCA Case No. M-2000-115, (Jan. 31, 2001)
(Information defective)

Hunter, Ricky Louis v. State, COCA Case No. F-2007-856 (October 10, 2008)
(Double Jeopardy/ Double Punishment) Convictions for lewd or indecent proposal and using a computer to commit the offense violated Section 11 prohibition against double punishment.

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.

Macaulay, Olubanji Milton v. State, COCA Case No. F-2018-894 (July 2, 2020) (Double Jeopardy/Double Punishment) Seven convictions for counts of possession of counterfeit identifications in two separate containers violate prohibition against double punishment. Five counts reversed and remanded with instructions to dismiss.

Mach, Manh Michael v. State, COCA Case No. F-2006-538 (November 15, 2007)
(Evidence, Sufficiency; Double Jeopardy/Double Punishment) One conviction reversed because State failed to present evidence of it at preliminary hearing. Two of three Possession of CDS with intent convictions dismissed because they violated prohibition against multiple punishments for the same offense.

Mackey, Alishia Faith v. State, COCA Case No. F-2005-58 (December 14, 2006)
(Double Jeopardy/ Double Punishment) Convictions for permitting child abuse and failure to report child abuse arose from same act, violating the double punishment prohibition. Failure to report count dismissed.

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.

Manous, Napolean Eugene v. State, COCA Case No. F-2009-959 (February 15, 2011)
(Fines, Fees and Costs; Jury Instructions, Misleading/Confusing) Trial court misinstructed on range of punishment regarding fine. Fine modified from $500 to $200. Remanded for Order nunc pro tunc correcting J&S to reflect jury verdict requiring treatment and credit for time served.

Mansker, Jarrod Demar v. State, COCA Case No. F-2015-194 (July 14, 2016)
(Abuse of Discretion) Trial court abused discretion by denying credit for time served because defendant exercised right to jury trial. Remanded for resentencing.

Malone, Gregory Kyle v. State, COCA Case No. F-2003-257 (April 15, 2004)
(Jury Instructions - Misleading/Confusing; Due Process) Trial court improperly broadened elements of crime charged. Jury Instructions were erroneous as they failed to require proof of the specific crime alleged in the Information. Count I remanded for new trial.

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."

State v. Mario Alexander, COCA Case No. S-2015-723 (September 8, 2016)
(State Appeals; Evidence, Sufficiency) Trial court ruling sustaining motion to suppress and dismiss affirmed.

Marler, Jeffrey v. State, COCA Case No. F-2007-575 (September 25, 2008)
(Sentence, Excessive; Statutory Construction) Judgment on child porn modified to a violation of a more specific statute. Sentence modified.

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.

Marlow, Robert Dale v. State, COCA Case No. F-2001-793 (September 6, 2002)
(Jury Instructions - Misleading; Evidence - Other Crimes.) Plain error occurred when convicted of 1^st Degree Rape by Instrumentation without the crucial element of "bodily harm" in the jury instruction. Modified to lesser crime of 2^nd Degree Rape by Instrumentation and sentence modified from 100 years to 20 years. Appellant was prejudiced when prosecutor was allowed to introduce "other crimes" evidence of an event occurring several months after the incidents alleged in the information. Convictions affirmed but sentence modified from 100 years to 40 years for 4 counts.

Martin, David, COCA Case No. F-2016-1030 (April 29, 2021)
(Direct/McGirt/Muscogee Creek Nation) The Court found that the Muscogee Creek Nation is a federally recognized tribe and that the crime occurred within the Muscogee Creek Nation Reservation. They also found that Appellant had Muscogee blood and was an enrolled member at the time of the crime. Because of that, the Court ruled that the District Court did not have jurisdiction and remanded the case with instructions to dismiss.

Martin, Ronnie Lee v. State, COCA Case No. F-2011-563 (September 21, 2012)
(Ineffective Assistance of Counsel) Reversed and remanded for further proceedings with competent counsel.

Martin, Victor Allen v. State, COCA Case No. F-2007-269 (December 4, 2007)
(Evidence, Sufficiency) Conviction for Possession of CDS (Methamphetamine) dismissed because state failed to prove quantity possessed required a tax stamp.

Martinez, James Leonard v. State, COCA Case No. S-2015-446 (December 8, 2015)
(State Appeals) Traffic stop not justified so evidence should be suppressed and case dismissed.

Marquez, John Carl v. State, COCA Case No. F-2003-747 (September 10, 2004)
(Sentence, Excessive) Life sentence for Placing Bodily Fluids on Government Employee is excessive and modified to 30 years’ imprisonment.

Marshall, Andre Lasuan v. State, COCA Case No. F-2002-537 (August 21, 2003)
(Jury Instructions - Lesser Offense; Evidence - Sufficiency) Convictions for A&B with Dangerous Weapon and Entering a Building with Unlawful Intent reversed and remanded with instructions to dismiss. The A&B was a lesser included offense of a charged crime, but instruction was improperly given over defense objection and without a request by the State. Evidence was insufficient to show intent to destroy personal property.

Martin, Dustin Kyle v. State, COCA Case No. F-2012-1029 (July 31, 2014)
(Juror Instructions, Lesser Offenses; Double Jeopardy/Double Punishment) Error to convict for Second Degree Murder and Accessory to Second Degree Murder for the same homicide. Accessory count reversed with instructions to dismiss.

Martin, Laurie Jean, COCA Case No. F-2017-991 (May 27, 2021)
(Direct/McGirt Ruling/Chickasaw Nation) The Court found that the Chickasaw Nation is a federally recognized tribe and that the crime occurred within the Chickasaw Nation Reservation. Because of that, the Court ruled that the District Court did not have jurisdiction and remanded the case with instructions to dismiss.

Martin, Robert Leroy v. State, COCA Case No. F-2001-655 (June 6, 2002)
(Sentence - Excessive. Consecutive sentences imposed on three crimes that fall within the mandatory sentence provision shocks the conscience of the court. Judgment affirmed but sentences are modified to run concurrently.)

Martin, Solly Lee, Sr. v. State, COCA Case No. F-2004-816 (March 8, 2006)  (Sentence, Excessive) Sentences modified to run concurrently due to improper victim impact evidence.

Martin, Todd v. State, COCA Case No. F-99-723 (May 15, 2000)
(Discovery violation, sanction barring defense witnesses too harsh)

Masters, Joshua Lee v. State, COCA Case No. F-2004-63 (October 19, 2004)
(Sentence, Excessive) Trial court used sentencing range for crime that State neither alleged nor proved. Remanded for new sentencing under proper range and correction of judgment to Second Degree Rape by Instrumentation.

Matson, Keith William v. State, COCA Case No. F-2004-1124 (March 10, 2006)    (Bench Trial; Ineffective Assistance of Counsel) Trial court committed reversible error when it deprived defendant of his right to a closing argument and when it pronounced verdict in defendant’s absence. Trial counsel was ineffective for failing to protect client’s rights. Reversed and remanded for new trial.

Maxwell, Montain Lamont v. State, COCA Case No. F-2001-1514 (March 20, 2003)
(Ineffective Assistance of Counsel) Prosecutor cross-examined Appellant about post-arrest silence. "It is fundamentally unfair and a deprivation of due process to allow the arrested person's silence to be used to impeach an explanation subsequently offered at trial." Trial counsel's failure to object to prosecutor's misconduct amounted to IAC. Reversed and remanded for new trial.

Mayes, Lawrence Lugineus v. State, COCA Case No. F-2005-737 (September 26, 2006)
(Sentence, Excessive; Due Process) Trial court should have informed jury, after a question arose during Second Stage Deliberations, that charge was an 85% crime. Sentence modified

Mayfield, Cody Wayne v. State, COCA Case No. F-2014-830 (January 21, 2016)
(Double Jeopardy/Double Punishment) Two types of CDS in single container only support once conviction, not two. One count reversed and remanded with instructions to dismiss.

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.

McBrayer, Patrick v. State, COCA Case No. F-1998-375, (May 21, 1999)
(Evidence, Coercion of Jailhouse Informant, Trial Court Bias)

McCandless, Shelly v. State, COCA Case No. F-2000-1241, (Oct. 3, 2001)
(Double Jeopardy/Double Punishment; two of three counts of Possession of CDS reversed to dismiss)

McCartney, Benny Paul v. State, COCA Case No. F-2004-1002 (October 26, 2005)
(Double Jeopardy/ Double Punishment) Convictions for Possession of Methamphetamine w/ Intent to Distribute and Possession of CDS violate double punishment provisions. Dissent clarifies that the Court finds double punishment even where multiple charges are filed under different statutes in the drug code.

McCombs, Sonny Raye, COCA Case No. F-2017-1000 (April 29, 2021)
(Direct/McGirt Ruling/Muscogee Creek Nation) The Court found that the Muscogee Creek Nation is a federally recognized tribe and that the crime occurred within the Muscogee Creek Reservation. Because of that, the Court ruled that the District Court did not have jurisdiction and remanded the case with instructions to dismiss.

McConell, Jerome Matthew, COCA Case No. F-2019-605 (Sept. 10, 2020) (Drug Court/Sentencing) Trial court cannot impose rules and conditions of probation or payment of DA prosecution costs when defendant is sentenced to serve entire 30-month term in prison. Plain error found, probation guidelines ordered vacated.

McCrillis, Russell Carl v. State, COCA Case No. F-2015-886 (November 14, 2016)
(Sentence, Excessive) Trial court without legal authority to modify sentence by ordering undetermined term of "DOC probation" after release from prison. Remanded to set forth a specific number of years for post-imprisonment supervision.

McDaniel, Shawn Lee, COCA Case No. F-2017-357 (April 29, 2021)
(Direct/McGirt/Cherokee Nation/victim apart of Indian tribe) The Court found that the Cherokee Nation is a federally recognized tribe and that the crime occurred within the Cherokee Nation Reservation. They also found that the victim had Cherokee blood and was an enrolled member at the time of the crime. Because of that, the Court ruled that the District Court did not have jurisdiction and remanded the case with instructions to dismiss.

McGee, Tucker Ryan v. State, COCA Case No. F-2015-393 (December 2, 2016)
(Youthful Offender; Ineffective Assistance of Counsel; Sentence, Excessive) Counsel ineffective by failing to present evidence and argument relating to the imposition of a sentence of life without the possibility of parole on a juvenile offender. Remanded for resentencing. Companion case for Luna v. State, 2016 OK CR 27.

McKinney, Alphie Phillip v. State, COCA Case No. F-2013-812 (December 17, 2014)
(Double Jeopardy/Double Punishment) Plain error for three convictions for possession of CDS all fell under the same provision of Section 2-402, where all were possessed "in a single container, his vehicle," even though they were in separate bags in the door panel. Two counts reversed with instructions to dismiss.

McCollum, William v. State, COCA Case No. F-2001-528 (November 21, 2002)
(Ineffective Assistance of Counsel) Trial counsel failed to cross examine bias of two state's witnesses, even though the bias was apparent from transcript of earlier trial (which ended in a mistrial). Reversed and remanded for new trial.

McCormick, Robert Claude v. State, COCA Case No. F-2007-165 (April 29, 2008)
(Sentence, Excessive; Jury Instructions, Misleading/Confusing) Error in instruction did not contribute to verdict, but could have contributed to sentence. Life sentences modified to run concurrently instead of consecutively.

McCorvey, Eligah v. State, COCA No. F-99-806, ( October 6, 2000)
(First Degree Murder, Evidence, Hearsay, Improper Limitation of Cross Examination; Cumulative Error)

McCosar, Anthony Wayne v. State, COCA Case No. F-2008-432 (June 17, 2009)
(Jury Instructions, Misleading/Confusing) $20,000 fines vacated due to improper jury instruction mandating imposition of fines.

McCoy, David Deontae v. State, COCA Case No. F-2009-129 (July 27, 2010)
(Jury Instructions, Misleading/Confusing) Plain error found in failure to instruct on an essential element of the offense. Count for A&B with Dangerous Weapon reversed and remanded for new trial.

McCullough, James v. State, COCA Case No. F-2000-880, (Sept. 19, 2001)
(Sentence, Enhancement, Error in admission of non-drug prior deferred sentence under drug statute)

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.

McGowan v. District Court of McIntosh County, COCA Case No. P-98-508 (August 5, 1998)
(District Court loses jurisdiction of state’s Rule 6 appeal after 20 days)

McGee, Christopher Dwayne v. State, COCA Case No. F-2004-527 (November 23, 2005)
(Evidence, Sufficiency) Evidence insufficient to support conviction for conspiracy to distribute CDS. Conspiracy count reversed and dismissed.

McGee, Dusty Ray v. State, COCA Case No. F-2008-434 (July 24, 2009)
(Jury Instructions, Misleading/Confusing) Jury questions indicated confusion over first and second degree murder, and trial court did not properly respond to question regarding applicability of 85% rule to second degree murder. Reversed and remanded for new trial.

McHam, Harold Edward v. State, COCA Case No. F-2001-46 (February 27, 2002)
(Fines, Fees and Costs; Evidence– Insufficient)

McKee, Ronald v. State, COCA Case No. F-1999-36, (Jan. 26, 2000)
(Jury Selection, Batson issue)

McKinney, Jerry v. State, COCA Case No. F-99-925 (June 20, 2000)
(Right to Present Defense, First Degree Murder, improper limitation of evidence)

McLaren, Kevon Andra Robe v. State, COCA Case No. F-2012-1126 (December 19, 2013)
(Double Jeopardy/Double Punishment; Sentencing, Excessive) Convictions for both kidnapping and robbery violated prohibition against multiple punishments. Kidnapping count reversed and dismissed.

McManus, Jerry v. State, COCA Case No. F-2000-912, (July 10, 2001)
(Jury Instructions, missing element)

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.

Mead, Sherri Lynn v. State, COCA Case No. M-2003-513 (January 26, 2004)
(Fines, Fees and Costs) Fine imposed was in excess of statutory maximum.

Meadows, James Dean v. State, COCA Case No. F-2003-189 (September 30, 2004)
(Discovery) Trial court erred in denying Appellant’s motion to suppress videotaped statements made as a result of an illegal arrest and taken in violation of Miranda rights.

Meadows, Joe Dean v. State, COCA Case No. F-2003-196 (September 30, 2004)
(Sixth Amendment; Discovery) Sixth Amendment violated when trial court allowed admission of codefendant’s confession implicating Appellant. Trial court erred in denying Appellant’s motion to suppress videotaped statements made as a result of an illegal arrest and taken in violation of Miranda rights.

Medlin, Saundra Kaye v. State, COCA Case No. F-2001-558 (June 27, 2002)
(Jury Instructions - Lesser Offenses. Giving First Degree Manslaughter instruction over the objection of Appellant constituted error requiring reversal. Battered woman tried for murder sought verdict for murder or acquittal. Conviction for Heat of Passion Manslaughter reversed and remanded with instructions to dismiss.)

Melonakis, Stephen Eldridge v. State, COCA Case No. F-2002-233 (July 21, 2003)
(Sentence, Excessive) Right to equal protection of law was not violated when trial court failed to grant credit for time served prior to trial. Sentence modified to reflect credit for time served awaiting appeal in the interests of justice.

Merrick, Anthony Logan v. State, COCA Case No. F-2005-569 (October 19, 2006)
(Sentence, Excessive; Double Jeopardy/ Double Punishment) Multiple images contained on a single recording or disk do not necessarily support multiple counts of possession of child pornography. Two convictions sustained because there were two children involved in different images.

Merrill, Charles Ardell Jr. v. State, COCA Case No. F-2002-1377 (August 26, 2003)
(Jury Deliberations) Reversed and remanded for new trial because trial judge allowed jury to separate, over defense objection, after deliberations had begun.

Mesfun, Samson Michael v. State, COCA Case No. F-2016-696 (September 21, 2017)
(Sentence, Excessive; Jury Instructions, Misleading/Confusing) Jury incorrectly instructed on applicable range of punishment. Sentence modified.

Mikado, Travis Lenard v. State, COCA Case No. F-2013-788 (December 18, 2014)
(Double Jeopardy/Double Punishment) Plain error for two convictions for possession of CDS. One count reversed with instructions to dismiss.

Miller, Dennis Lynn v. State, COCA Case No. F-2011-877 (January 7, 2013)
(Evidence, Sufficiency) Count of A&B with Dangerous Weapon reversed with instructions to dismiss - shoving someone into a dresser (causing bruising at most) did not make the dresser a "dangerous weapon."

Miller, Donald v. State, COCA Case No. F-2000-692, (May 10, 2001)
(Excessive Sentence, modified from consecutive to concurrent)

Miller, Marcus Stephon v. State, COCA Case No. F-2016-229 (November 16, 2017)
(Sentence, Excessive; Due Process) Evidence of prior conviction erroneously presented to jury prior to sentencing determinations. Remanded for resentencing.

Miller, Maurice Ladon v. State, COCA Case No. F-2005-603 (July 5, 2006) (Evidence, General; Sixth Amendment) Trial court erred by excluding co-defendant’s taped statement. The evidence was exculpatory and did not violate the corroboration clause, which protects the accused, not the State. Reversed and remanded for new trial.

Milligan, Eddie Don v. State, COCA Case No. F-2003-1241 (December 23, 2005)
(Search & Seizure; Evidence) Helicopter’s low fly-over of defendant’s property violated reasonable expectation of privacy; evidence derived from subsequent search of property should have been suppressed.

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.

Mitchell, Emanuel D. v. State, COCA Case No. F-2011-606 (June 20, 2013)
(Sixth Amendment; Pro Se) Trial court erroneously denied defendant’s request to proceed pro se. First Degree Murder reversed and remanded for new trial.

Mitchell, Jordan Batice, COCA Case No. F-2018-78 (March 18, 2021)
(Direct/McGirt Ruling/Muscogee Creek Nation) The Court found that the Muscogee Creek Nation is a federally recognized tribe and that the crime occurred within the Muscogee Creek Reservation. Because of that, the Court ruled that the District Court did not have jurisdiction and remanded the case with instructions to dismiss.

Mitchell, Leroy Jr. v. State, COCA Case No. F-2005-874 (September 19, 2006)
(Sixth Amendment) Admission of testimonial hearsay violated right to confrontation. Reversed and remanded for new trial.

Mize II, Johnny Edward, COCA Case No. F-2019-68 (March 25, 2021)
(Direct/McGirt Ruling/Muscogee Creek Nation) The Court found that the Muscogee Creek Nation is a federally recognized tribe and that the crime occurred within the Muscogee Creek Reservation. Because of that, the Court ruled that the District Court did not have jurisdiction and remanded the case with instructions to dismiss.

Modesto, Carlos Gomez v. State, COCA Case No. F-2002-1041 (August 7, 2003)
(Double Punishment) Convictions for trafficking in methamphetamine and cocaine violated prohibition against double punishment.

Mondier, William Forrest v. State, COCA Case No. F-2001-434 (June 5, 2002)
(Jury Instructions - Misleading/ Confusing; Double Jeopardy/ Double Punishment. Conviction for Maintaining a Place Resorted to by Users of CDS reversed with instructions to dismiss because "nothing in the record shows the trier of fact specifically Appellant 'knowingly or intentionally' committed the offense. Jury instruction omitted element of "knowingly" or "intentionally". Also, under the "same evidence" test, possession of marijuana and methamphetamine was a single offense. Marijuana possession reversed with instructions to dismiss.)

Monroe, Jerome v. State, COCA Case No. F-2006-352 (May 7, 2007)
(Sentence, Excessive) Jury should have been instructed on 85% rule. Reversed and remanded for resentencing.

Montgomery, Jona Ann v. State, COCA Case No. F-2007-1133 (February 19, 2010)
(Jury Instructions, Lesser Offenses; Evidence, Other Crimes; Evidence, General) Murder 2 conviction reversed and remanded for new trial. Based on case law, trial court refused to instruct on misdemeanor manslaughter. COCA subsequently overruled the prior controlling decision and applied new ruling (allowing instruction on the lesser offense) to this case since it also was pending on appeal. Error also found in admitting other crimes and "lack of remorse" evidence. Photographs of victim unduly prejudicial.

Moore, Beverly Michelle v. State, COCA Case No. F-2006-63 (June 11, 2007)
(Sentence, Excessive) Sentence for Murder, I modified from LWOP to Life based on failure to instruct regarding the 85% rule.

Moore, Charles Edward, Jr. v. State, COCA Case No. F-2004-1081 (March 28, 2006)  
(Double Jeopardy/Double Punishment) Convictions for Possession of a Firearm, After Former Conviction of a Felony and Robbery with a Firearm violate a statutory prohibition against double punishment. Firearm charge dismissed.

Moore, Daniel Allen v. State, COCA Case No. F-2004-1188 (October 19, 2006)
(Sentence, Excessive; Jury Instructions, Confusing/ Misleading) Remanded for resentencing where trial court failed to instruct on punishment range for murder.

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.

Moore, Phillip v. State, COCA Case No. F-98-647 (November 3, 1999)
(Double Jeopardy/Double Punishment; Possession CDS & Manufacturing CDS)

Moore, Tommie Joe v. State, COCA Case No. F-2012-168 (May 6, 2013)
(Fines, Fees and Costs) Fine modified from $25,000 to $10,000.

Morgan, Paul Delmer v. State, COCA Case No. F-2003-717 (October 21, 2004)
(Sentence, Excessive) Trial court improperly combined sentencing enhancement provisions of Titles 21 & 63. Conviction affirmed but sentence modified from Life + $100,000 fine to 20 years imprisonment + $10,000 fine.

Morgan, Vernon v. State, COCA Case No. F-1998-624, (Sept. 1, 1999)
(Evidence, Sufficiency, Burglary of Automobile, no breaking)

Morris, Rhonda v. State, COCA Case No. F-1999-1374, (Dec. 11, 2000)
(Evidence, Sufficiency, Rape, lack of penetration)

Morrison, Waymond George v. State, COCA Case No. F-2009-749 (May 12, 2011)
(Double Jeopardy/Double Punishment) Convictions for Distributing CDS and Possession of Proceeds arose from the same act of selling cocaine. Count for Possession of Proceeds reversed with instructions to dismiss.

Morrow, Donald Ray v. State, COCA Case No. F-2018-852 (August 29, 2019)
(Sentence, Excessive) Court ordered nunc pro tunc to ensure credit for time served granted.

Morphew, Kristopher Lee v. State, COCA Case No. F-2007-201 (October 10, 2008)
(Jury Instructions, Misleading/Confusing) Jury instruction on the crime of second-degree "depraved mind" murder was flawed. Plain error resulted in reversal and remand for new trial.

Mullins, Jimmy Lee v. State, COCA Case No. F-2001-281 (April 22, 2002)
(Double Jeopardy/Double Punishment; Convictions for both leaving the scene of a fatality accident and leaving the scene of an injury accident when there was only one accident violated double punishment prohibitions. Count for leaving the scene of an injury accident remanded with instructions to dismiss.)

Mullins, Tommy W. v. State, COCA Case No. F-2003-505 (March 29, 2004)
(Jury Instructions - Misleading/Confusing) Jury incorrectly instructed on the elements necessary for felony conviction of Maintaining a Place for Keeping/Selling Controlled Substances. Reversed and Remanded for new trial.

Murphy, Christopher Ray v. State, COCA Case No. F-2003-1163 (December 28, 2004)
(Sentence, Excessive) Sentences modified to run concurrently rather than consecutively.

Muzny, Samuel Leroy v. State, COCA Case No. F-2000-1078, (January 2, 2001)
(Search & Seizure)

Myers, Carl Don v. State, COCA Case No. F-2005-1011 (September 6, 2007)
(Evidence, Sufficiency) Kidnapping conviction reversed because State failed to prove that intent was to extort money or property while victim was seized and confined. Kidnapping conviction reversed with instructions to dismiss.

Myrie, Antonio Catalino Jr. v. State, COCA Case No. F-2009-1142 (September 1, 2011)
(Sixth Amendement; Abuse of Discretion) Trial court’s denial of continuance and failure to ensure counsel were provided preliminary hearing transcripts prior to trial resulted in denial of transcripts to defendant constitutionally entitled to them. Also abuse of discretion found in joinder of two separate cases arising from property crimes more than two months apart. Reversed and remanded for new trial.

Myrie, Antonio Catalino v. State, COCA Case No. F-2013-137 (May 7, 2014)
(Jury Instructions, Misleading/Confusing; Fines, Fees and Costs) $10,000 fine vacated because of erroneous jury instructions.

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.

Nava-Guerra, Juan Jose v. State, COCA Case No. F-2018-313 (September 12, 2019)
(Fines, Fees and Costs) OIDS fee reduced because OIDS did not represent individual at trial.

Nelson, David Lynn v. State, COCA Case No. F-2004-1198 (August 15, 2006)
(Evidence, Sufficiency; Sentencing) Evidence insufficient to prove element of penetration for one of the sodomy convictions. Trial court’s refusal of requested instruction regarding the requirement that the defendant serve 85 percent of certain sentences resulted in modification of life sentences to 45 years.

Nelson, Deon Lamar v. State, COCA Case No. F-2005-1096 (September 6, 2006)
(Evidence, General) Improper victim impact evidence regarding victim’s injuries, prognosis, medical treatment, emotional state, and financial loss were irrelevant and resulted in an inflated sentence. Sentence modified.

Newton, David Jewel v. State, COCA Case No. F-2002-1546 (January 9, 2004)
(Jury Selection; Ineffective Assistance of Counsel) Failure to excuse police officer from sitting on jury was error by the trial court and IAC. Conviction for Rape and 458 year sentence reversed and remanded for new trial.

Nichols, Jade Christian, COCA Case No. RE-2019-850 (March 25, 2021)
(Revocation/Due Process) Special Judge at the revocation hearing had represented the client at the original plea hearing, so he was not neutral and detached.

Nicholson, Jeremy Dion v. State, COCA Case No. M-2006-370 (July 18, 2007)
Double Jeopardy/ Double Punishment) Five of six counts of contempt of court reversed and remanded with instructions to dismiss.

State v. Jeremy Scott Niederbuhl, COCA Case No. S-2015-672 (June 15, 2016)
(State Appeal) State appeal dismissed as not properly lodged. Order dismissing for bad faith prosecution affirmed.

Nimmo, Eric Matthew v. State, COCA Case No. F-2005-522 (August 3, 2006)
(Sentencing) Error in admission of transactional prior felonies warranted modification from 35 years to 25 years. State argued for jury to punish the defendant as a "three-time convicted felon, when two priors were transactional."

Nixon, Ryan Lee v. State, COCA Case No. F-2014-939 (February 26, 2016)
(Evidence, Sufficiency) Insufficient evidence to prove simple possession of methamphetamine. Reversed with instructions to dismiss.

Noble, Steven Edward v. State, COCA Case No. F-2002-1540 (June 23, 2004)
(Ineffective Assistance of Counsel; Jury Instructions - Misleading/Confusing) Trial Counsel failed to present available evidence to negate an element of the charged offense. Trial court erred in instructing on the range of punishment for possession of firearm afcf. Sentences modified to run concurrently rather than consecutively.

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.

State v. Norwood, Douglas Raymond, COCA Case No. S-2014-786 (March 31, 2015)
(State Appeals; Sentence, Enhancement; Information, Defective) Enhancing marijuana possession to a felony requires prior misdemeanor possession of marijuana conviction. Dismissed.

Nosak, Joshua Paul v. State, COCA Case No. F-2011-1045 (April 5, 2013)
(Sentence, Excessive) Remanded for nunc pro tunc so that J&S reflects certain sentences to be served concurrently instead of all running consecutively (to conform to oral pronouncement of sentence.)

Nuckols, Jackie  v. State, COCA Case No. F-99-1615 (April 18, 2001)
(Cumulative Error, other crimes, stale prior convictions, deficient performance by counsel)

Nunamaker, Jerrad Sterling v. State, COCA Case No. M-2017-137 (February 28, 2019)
(Fines, Fees and Costs; Sentence, Excessive) Fine modified to maximum allowed of $20 and VCA vacated because not applicable in misdemeanor traffic offense.

Nunley, Lyndol Keith v. State, COCA Case No. M-2016-596 (June 8, 2017)
(Abuse of Discretion; Sentence, Excessive) Trial court lacked authority to impose a sentence be served day-for-day. District court entered amended judgment and sentence removing day-for-day provision.

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, Gregory Antwon v. State, COCA Case No. F-2013-958 (April 5, 2016)
(Ineffective Assistance of Counsel) Counsel failed to object to prosecutor’s "theatrical presentation" in closing. Reversed for resentencing.

Ockerman, Rian Wayne v. State, COCA Case No. F-2002-1265 (January 7, 2004)
(Evidence - Sufficiency) Conviction for manslaughter arising from DUI reversed with instructions to dismiss because evidence insufficient to sustain jury’s verdict.

Oglesby, Dearel v. State, COCA Case No. F-2002-470 (January 16, 2003)
(Evidence - Other Crimes) Improper "other crimes" evidence required sentence modification from Life imprisonment to 20 years.

Okyere, Jaumon Mondell v. State, COCA Case No. F-2006-1055 (December 17, 2007)
(Jury Instructions, Misleading/ Confusing) Child neglect count reversed with instructions to dismiss for failure to instruct on disputed element of the offense.

Olive, Patrick Wayne, COCA Case No. F-2019-496 (September 30, 2021) (Direct/ McGirt/Muskogee Creek Nation) The Court found that the Appellant is a member of a federally recognized tribe and that the crime occurred within the Muscogee Creek Reservation. Because of that, the Court ruled that the District Court did not have jurisdiction and remanded the case with instructions to dismiss.

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  v. State, COCA Case No. F-98-1135 (December 8, 1999)
(Jury Instructions, Lesser Offenses, First Degree Murder)

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.

Orcutt, Roy Donnell v. State, COCA Case No. F-2003-1018 (June 23, 2004)
(Jury Instructions - Misleading/Confusing) Jury not properly instructed on the punishment it could assess for DUI, Second and Subsequent, based on statute in effect at time offense was committed. Sentence modified.

Ortiz, Ricardo v. State, COCA No. F-99-587, ( August 22, 2000)
(Evidence, improper admission of confession)

Osborne, Jacinda Simone v. State, COCA Case No. F-2009-530 (July 22, 2010)
(Evidence, Sufficiency) State failed to establish "serious bodily injury" for first degree robbery. Conviction modified to lesser offense of second degree robbery.

Overstreet, John v. State, COCA Case No. F-1998-1172, (Nov. 19, 1999)
(Double Jeopardy/Double Punishment; three substances in single container)

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.

Owens, Keynon Michael v. State, COCA Case No. F-2007-1151 (May 12, 2009)
(Jury Instructions, Misleading/Confusing) Murder conviction reversed for new trial, Robbery conviction affirmed. Opinion addresses apparent inconsistency in verdicts because jury acquitted defendant of the felony that was the underpinning of the felony murder charge. Court finds plain error in jury instructions regarding what was required to be proven to find felony murder, and plain error in trial court’s failure to bring jury to courtroom and follow procedure in Title 22, Section 894, after several questions indicating confusion during deliberations.

Owens, Taress Lamont v. State, COCA Case No. F-2000-862, (December 19, 2001)
(Excessive Sentence; Fines; Jury Instructions–Misleading)

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.

Padillow, Earnest Eugene v. State, COCA Case No. F-2014-22 (June 9, 2015)
(Due Process) Contempt citation vacated because defendant was not given opportunity to be heard.

State v. Patrick Lee Walker, COCA Case No. S-2016-169 (November 17, 2016)
(State Appeals; Evidence, Sufficiency) Dismissal of case affirmed because no evidence that distribution occurred within 2000 feet of school.

Patterson, Katherine v. State, COCA Case No. M-1999-569, (Jan. 31, 2001)
(Evidence, Sufficiency, Possession of Paraphernalia)

Patton, Jeffery Alan v. State, COCA Case No. F-2014-310 (May 29, 2015)
(Double Jeopardy/Double Punishment; Sentence, Excessive) Conviction for both Possession of Firearm During Commission of a Felony and Possession of Firearm After Former Conviction of a Felony when only one act of firearm possession occurred. Judgment and sentence for Possession of Firearm After Former Conviction of a Felony reversed and remanded for instructions to dismiss.

Patton, Virginia v. State, COCA Case No. F-2000-1232, (Oct. 15, 2001)
(Double Jeopardy/Double Punishment, Second Degree Murder and Neglect of Child)

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.

Payne Tommie Loyd v. State, COCA Case No. F-2004-368 (June 10, 2005)
(Double Jeopardy/Double Punishment) Conviction for Lewd Molestation dismissed because it was a lesser included offense of conviction for rape by instrumentation.

Payton, Dara D. v. State, COCA Case No. F-2011-4 (September 6, 2012)
(Revocation/Acceleration Decisions; Sentencing) Remanded to district court with instructions to correct the Deferment Order to correctly memorialize the terms and conditions of the deferment orally pronounced by the court.

Peace, Robert Lee v. State, COCA Case No. F-2005-1145 (May 3, 2007)
(Ineffective Assistance of Counsel) Court finds "no reasonable trial strategy in defense counsel’s failure to claim that Appellant’s prior felony convictions, occurring against the same victims on the same day in the same county of Arkansas, were transactional." Sentence modified from 35 years to 25 years.

Perales, Samantha Ann, COCA Case No. F-2018-383 (August 12, 2021)
(Direct/McGirt Ruling/Cherokee Nation) The Court found that the Cherokee Nation is a federally recognized tribe and that the crime occurred within the Cherokee Nation Reservation. Because of
that, the Court ruled that the District Court did not have jurisdiction and remanded the case with instructions to dismiss.

Perry, Johnny L. v. State, COCA Case No. F-2003-44 (December 3, 2003)
(Evidence - Sufficiency;) Evidence supported other reasonable hypotheses besides Defendant’s constructive possession of drugs. Evidence insufficient to prove that Defendant Possessed a Firearm in the Commission of a Felony, conviction modified.

Perry II, Robert William, COCA Case No. F-2020-46 (April 1, 2021)
(Direct/McGirt Ruling/Muscogee Creek Nation) The Court found that the Muscogee Creek Nation is a federally recognized tribe and that the crime occurred within the Muscogee Creek Reservation. Because of that, the Court ruled that the District Court did not have jurisdiction and remanded the case with instructions to dismiss.

Pettit, Eric v. State, COCA Case No. F-1999-736, (May 16, 2000)
(Sentence, Enhancement, no provision for fine)

Pettit, Rebecca R. v. State, COCA Case No. F-2005-468 (July 18, 2006) (Pro Se; Due Process) No evidence that self-representation at trial was voluntary; appointed counsel removed after a finding that defendant was no longer indigent. Reversed and remanded for new trial.

Petty, Marcus Laquine v. State, COCA Case No. F-2008-438 (June 26, 2009)
(Fines, Fees and Costs; Due Process) Remanded after trial court imposed $5,000 VCA without considering statutory factors.

Peyton, Joseph Edward v. State, COCA Case No. F-2001-122 (September 11, 2002)
(Evidence - Sufficiency) Mere presence at the scene of the crime does not invoke criminal responsibility.

Phantirath, Vone v. State, COCA Case No. M-2015-1099 (May 31, 2017)
(Guilty Plea Decisions; Due Process) Count 1 reversed and remanded for new trial because court erred in not accepting proffered guilty plea.

Phares, Donald Isaiah v. State, COCA Case No. S-2004-1009 (July 7, 2005)
(Double Jeopardy/ Double Punishment) No-contest plea to traffic ticket issued at scene of accident precluded later prosecution for negligent homicide.

Phenix, Mario Lenard v. State, COCA Case No. F-2012-567 (September 23, 2013)
(Evidence, Other Crimes; Sentence, Excessive; Ineffective Assistance of Counsel) Evidence of prior felony convictions may have influenced jury’s sentence for Murder I, requiring modification. Modified from LWOP to Life. Comment as to probation also required modification.

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.

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.

Phipps, Ronald v. State, COCA Case No. F-2000-796, (June 20, 2001)
(Sentence, no statutory authority for fine for possession of marijuana)

Phillips, Scott Allen v. State, COCA Case No. F-2011-606 (June 20, 2013)
(Abuse of Discretion) Abuse of discretion for the district court to refuse to consider the suspension of sentence. Remanded for consideration of request for suspended sentence.

Phipps, Timothy v. State, COCA Case No. F-2003-719 (April 15, 2004)
(Sentence Enhancement; Jury Instructions - Misleading/Confusing) Sentence improperly enhanced with a prior conviction and jury was misinstructed on the minimum punishment.   Sentence modified to 10 years with 5 years suspended.

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.

Pinkney, George H. v. State, COCA Case No. F-2013-1073 (January 12, 2015)
(Jury Instructions; Misleading/Confusing) Jury was incorrectly instructed as to the applicable punishment range. Sentence modified from 8 to 5 years.

Pipkin, John v. State, COCA No F-99-1282, ( August 31, 2000)
(Jury Instructions, Instruction on Theory of Defense)

Pitt, Heidi Renee v. State, COCA Case No. F-2002-356 (February 26, 2003)
(Evidence - Insufficient) Evidence insufficient to sustain conviction for unlawful possession of methamphetamine. There was no evidence that she had knowledge, dominion and/or control over the .04 grams of methamphetamine that co-defendant threw to the ground at the time of arrest. Reversed and remanded with instructions to dismiss.

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.

Poore, Desean Terrell v. State, COCA Case No. F-2003-22 (January 14, 2004)
(Double Jeopardy/ Double Punishment) Multiple convictions for Accessory After the Fact constitute Double punishment for a single course of action.

Porras, Jeffrey Ariel v. State, COCA Case No. S-2012-834 (July 26, 2013)
(State Appeals; Evidence, Other Crimes) Trial court did not abuse discretion in dismissal of four counts relating to offenses committed in another county.

Potts, Richard v. State, COCA Case No. F-99-127, (June 9, 2000)
(Double punishment prohibited for the single course of criminal conduct; Possession of Firearm AFCF and Shooting with Intent to Kill)

Powell, Michael v. State, COCA Case No. F-2000-1304, (Oct. 10, 2001)
(Evidence, Sufficiency, Manufacturing CDS; Jury Instructions, Omission of Element, Maintaining a Dwelling)

Pratt, William Ray v. State, COCA Case No. F-2001-692 (October 15, 2002)
(Evidence - Sufficiency) Rape count reversed and remanded with instructions to dismiss due to lack of evidence of penetration.

Price, Gene Freeman v. State, COCA Case No. F-2012-112 (February 25, 2013)
(Right to Counsel) Reversed and remanded for new trial bases on insufficient evidence that waiver of counsel was knowing and intelligent.

State v. Carl Edward Prince, COCA Case No. S-2015-771 (May 6, 2016)
(State Appeal) Activity giving rise to the charge must be more than a single, isolated activity. Trial court did not err in sustaining demurrer.

Prince, Rickey Dewayne v. State, COCA Case No. F-2009-1002 (December 10, 2010)
(Statutory Construction; Sentence, Excessive; Jury Instructions, Misleading/Confusing) Plain Error to not charge under specific statute which subjected Appellant to a greater potential maximum sentence. Also plain error to not instruct jury regarding penalty imposed by law for the crime on the date of its commission. Sentence modified.

Proctor, Angel Marie v. State, COCA Case No. F-2016-82 (April 27, 2017)
(Double Jeopardy/Double Punishment) One count of kidnapping reversed because it was the same felony relied upon for the felony murder conviction.

Purdom, Joshua Lee, COCA Case No. F-2019-854 (September 23, 2021) (Direct/McGirt/Muskogee Creek Nation) The Court found that the victim is a member of a federally recognized tribe and that the crime occurred within the Muscogee Creek Reservation. Because of that, the Court ruled that the District Court did not have jurisdiction and remanded the case with instructions to dismiss.

Putman, Clifford v. State, COCA Case No. S-2008-176 (October 9, 2008)
(State Appeal; Search and Seizure) Trial Court’s order suppressing evidence State obtained from locked safe inside motel room where defendant was arrested upheld.

Railback Jr., Lawrence v. State, COCA Case No. F-1998-1315, (Nov. 29, 1999)
(Double Jeopardy/Double Punishment, Shooting with Intent to Kill and Attempted Robbery with Dangerous Weapon)

Randell, Guy Franklin v. State, COCA Case No. F-2001-934 (June 24, 2002)
(Judgment affirmed but the Sheriff's fees are vacated and remanded for an evidentiary hearing, where fees can be calculated in accordance with the applicable statute.)

Ranney, Warren Leon v. State, COCA Case No. S-2005-840 (May 18, 2006) (Due Process) State Appeal remanded to vacate order granting motions to dismiss and quash with instructions that when the district court rules again on the motions, that it provide some statement of the basis for the decision.

Ramos, Adan Jr. v. State, COCA Case No. F-2005-363 (June 16, 2006)  (Due Process) Waiver of Jury trial not contained in record. Reversed and remanded for a new trial.

Rash, Steven v. State, COCA Case No. F-1998-1288, (Dec. 8, 1999)
(Sentence, Enhancement, prior convictions arising from same transaction)

Rawlins, Kenneth Lee v. State, COCA Case No. F-2004-866 (August 17, 2006)

Rawlins, Ricky Dale v. State, COCA Case No. F-2004-866 (August 17, 2006)
(Jury Instructions, Lesser Offenses) Over objection, the trial court improperly instructed the jury that the offense of assault and battery with a deadly weapon was a lesser included offense of shooting with intent to kill. Convictions for assault and battery with a deadly weapon reversed for new trial.

Ray, Bobby Dewayne v. State, COCA Case No. F-2015-720 (February 28, 2017)
(Fines, Fees and Costs; Jury Instructions, Misleading, Confusing) Plain error when jury instructed fine is mandatory when optional. Fine vacated.

Ray, Gene Paul v. State, COCA Case No. F-2001-338 (September 6, 2002)
(Evidence - Expert Testimony; Evidence - Vouching; Evidence - Other Crimes. ) Trial Court committed reversible error when it allowed a Special Advocate to prosecute Appellant; admitted evidence regarding "Child Accommodation Syndrome" was misused; the State bolstered alleged child victims' testimony by first presenting hearsay testimony of their parents; and when it allowed the State to improperly impeach the Appellant. Reversed and remanded for new trial.

Ray, James Preston Sr. v. State, COCA Case No. F-2003-991 (May 6, 2005)
(Fines, Fees and Costs; Jury Instructions, Misleading/ Confusing) No record of request by State to proceed under 63 O.S. Supp. 2002, 2-401D and jury not instructed on any fine. Judgment and Sentence affirmed but $50,000 fine vacated.

Rayls, Leonard Allen v. State, COCA Case No. F-2008-329 (February 27, 2009) (Bench Trial, Sixth Amendment) Waiver of right to jury trial must be clear, unambiguous, knowing and intelligent, and on the record. Absent any record that the right was personally waived, the case must be remanded for new trial.

Raymond, Bradley Joe v. State, COCA Case No. F-2012-914 (November 15, 2013)
(Jury Instructions; Misleading) Jury misinstructed on punishment range. Sentence modified.

Rayls, Edward Allen v. State, COCA Case No. M-2003-450 (May 18, 2004)
(Evidence, Sufficiency) Evidence insufficient to prove offense of eluding officer, which requires more than a neglectful failure to stop. Reversed and remanded with instructions to dismiss.

Raymond, Anthony v. State, COCA Case No. F-2000-861, (June 27, 2001)
(Sentence, Excessive, modification of fine)

Reed, Andre Keith v. State, COCA Case No. F-2003-1252 (October 22, 2004)
(Sentence, Excessive) Life sentence imposed for possession of firearm, after former conviction of a felony, “shocks our conscience.” Sentence modified to 20 years.

Reed, Clarence Edward v. State, COCA Case No. F-2003-405 (April 20, 2004)
(Sentence Enhancement; Jury Instructions - Misleading/Confusing) Jury was wrongly instructed that it could consider six prior convictions in determining sentence, after trial court had ruled that only three were appropriate ( the others were transactional). Sentence modified.

Resendez, Robert v. State, COCA Case No. F-1998-921, (Sept. 17, 1999)
(Evidence, Expert Testimony, vouching for truthfulness of prosecutrix)

Revard, John Wesley v. State, COCA Case No. F-2009-614 (September 13, 2010)
(Evidence, Other Crimes; Due Process) Trial court erred in allowing evidence that Appellant rean away when police attempted to arrest him on an unrelated felony warrant, led police on a chase, was observed looking into vehicles for keys, and "probably" stole a local resident’s pickup while eluding officer. This was not res gestae to charged offense and held little, if any relevance, but "simply established Appellant’s bad character." Although harmless beyond reasonable doubt as to guilt/innocence, when combined with other second stage error (admitting exhibits with explicit references to probation), modification was required.

Rhynard, Joshua Kyle COCA Case No. S-2022-41 (December 15, 2022) (State Appeal; Evidence) Upheld a suppression of evidence derived from a bad search in Kay County. The State failed to invoke the Court’s jurisdiction and the brief did not meet the requirements of Rule 3.5.

Richardson, James S. v. State, COCA Case No. F-2004-389 (March 27, 2006)   (Ineffective Assistance of Counsel) Trial counsel found ineffective for failing to discover and use exculpatory evidence. Reversed and remanded for new trial.

Richardson, Pat Lee v. State, COCA Case No. F-2005-362 (June 16, 2006)  (Sentence, Excessive) Sentence imposed for Manslaughter, 1^st degree, shocks the conscious of the court. Sentence modified.

Richardson, Thomas v. State, COCA Case No. F-2000-1531, (Aug. 30, 2001)
(Sentence, Excessive, exceeded statutory maximum)

Rimmer, Robert v. State, COCA No. F-99-1317, ( October 19, 2000)
(Evidence, Sufficiency, Robbery)

Rivas, Remigio v. State, COCA Case No. F-2003-648 (September 3, 2004)
(Evidence, Other Crimes) Sentence modified because irrelevant evidence related to prior convictions was improperly admitted

Rivera, Eric Anthony v. State, COCA Case No. F-2001-444 (September 30, 2002)
(Evidence - Insufficient.) Conviction for Kidnapping (10 year sentence) reversed with instructions to dismiss for insufficient evidence.

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.

Roberson, Lewis William v. State, COCA Case No. F-2009-398 (June 11, 2010)
(Double Jeopardy/Double Punishment) Possession of two different controlled dangerous substances should have been charged as a single account. One count reversed with instructions to dismiss.

Roberts, Tybream v. State, COCA Case No. PR-99-1327, (Jan. 14, 2000)
(Double Jeopardy, Mistrial, No Manifest Necessity)

Robertson, Kayla v. State, COCA Case No. F-2008-255 (April 3, 2009)
(Fines, Fees and Costs; Jury Instructions, Misleading/Confusing) $50,000 fine vacated due to improper instruction to jury that fine was mandatory.

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.)

Robinson, Robert v. State, COCA Case No. F-1998-724, (July 29, 1999)
(Evidence, Sufficiency, Lewd Molestation, elements not proven)

Robison, Bill Neal II v. State, COCA Case No. F-2006-443 (May 15, 2008)
(Evidence, General) DUI reversed and remanded for new trial because blood test results were admitted without evidence that test was conducted in accordance with statutory guidelines.

Rodgers, Billy Ray v. State, COCA Case No. F-2002-1116 (August 14, 2003)
(Evidence - Sufficiency) Mere presence at the scene is not sufficient evidence to sustain a conviction for manufacturing methamphetamine. Reversed with instructions to dismiss.

Rogers, Donald v. State, COCA Case No. F-1999-485, (May 12, 2000)
(Evidence, Other Crimes; Sentence, Excessive)

Romero, Martin Roy v. State, COCA Case No. F-2004-268 (August 29, 2005)
(Double Jeopardy/ Double Punishment) Convictions for trafficking and using a minor to traffic methamphetamine violate the double punishment prohibition. Conviction for trafficking reversed with instructions to dismiss.

Rose, Mitchell v. State, COCA Case No. F-2000-821, (July 10, 2001)
(Sentence, Pre-Sentence Investigation required)

Rose, Virgil Clayton v. State, COCA Case No. F-2001-352 (April 12, 2002)
(Double Jeopardy/Double Punishment; Excessive Sentence; Jury Instructions- misleading/confusing; Simultaneous convictions for manufacturing and possession of methamphetamine; possession of precursor substance violated double punishment. Convictions for possession of precursor and methamphetamine reversed and remanded with instructions to dismiss. Sentence for possession of firearm modified; jury erroneously instructed on range of punishment.)

Rosson, Helen Rose v. State, COCA Case No. F-2002-1511 (February 27, 2004)
(Evidence - Other Crimes) Appellant was prejudiced by the introduction of inadmissible other crimes evidence. Sentence modified from 50 years to 10 years.

Roundtree, Walter v. State, COCA Case No. F-2007-767 (September 3, 2008)
(Sentence, Abuse of Discretion) Trial court’s absolute refusal to even consider concurrent terms in the event of a jury conviction is abuse of discretion. Sentences modified to run concurrently.

Rowan, Jeffrey Eugene v. State, COCA Case No. F-2009-385 (June 3, 2011)
(Evidence, Expert Testimony) Newly discovered evidence that SANE nurse had lost her license due to prescription drug abuse (occurring at time nurse examined child and testified). COCA finds the evidence relevant to credibility and critical to jury’s determination of guilt. Child Sexual Abuse, 35 years, remanded for new trial.

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.

Rucker, Edgar Lee Jr. v. State, COCA Case No. F-2000-1634 (December 20, 2001)
(Fines, Fees and Costs)

Runnels, Dennis Ray v. State, COCA Case No. F-2015-531 (September 8, 2016)
(Jury Instructions, Misleading/Confusing; Sentence, Excessive) Jury misinstructed on range of punishment. Sentence modified from 19 years to 10 years.

Ruppel, Bobby Lee v. State, COCA Case No. F-2018-513 (June 27, 2019)
(Abuse of Discretion; Fines, Fees And Costs) Restitution vacated and remanded to the district court for a proper determination on the issue of loss.

Russell, Scotty Dewayne v. State, COCA Case No. F-2018-1049 (July 23, 2020) (Fines, Fees and Costs) VCA reversed and remanded for hearing re: statutory requirements.

Ryan, Alfred Gene v. State, COCA Case No. F-2005-649 (September 7, 2007)
(Sentence, Excessive; Evidence, Other Crimes) Jury should have been instructed on applicability of 85% rule, even though trial occurred prior to Court’s published decision in Anderson. Improper other crimes evidence was admitted. Accumulated errors make sentence modification appropriate.

State v. Emerson, COCA Case No. SR-99-908 (April 4, 2000):
(Search & Seizure; Affidavit for search warrant insufficient)

State v. Favors, DeAngelo, COCA Case No. S-2005-1067 (August 18, 2006)
(Evidence, General; Sixth Amendment) Because the defense was denied opportunity to fully confront victim’s testimony at preliminary hearing, trial court properly precluded use of that prior recorded testimony at a later proceeding.

State v. Daren Levi Geyer, COCA Case No. S-2011-543 (April 6, 2012)
(State Appeals) State appeals orders suppressing evidence due to discovery violations. COCA finds no abuse of discretion. "Common sense dictates that the more severe the sanction, the more likely the problem will be remedied in future cases."

State v. Bell, Isaac Paul , COCA Case No. S-2013-127 (September 18, 2013)
(State Appeals; Search and Seizure) Consent to search vehicle was tainted by illegal detention. District Court’s decision to sustain motion to suppress and dismiss affirmed.

State v. John C. Angulo, COCA Case No. S-2016-95 (September 27, 2016)
(State Appeals; Evidence, Sufficiency; Search and Seizure) Trial court ruling sustaining motion to suppress was affirmed. Traffic stop impermissibly delayed for drug dog to arrive.

State v. Blair Rix Miller, COCA Case No. S-2011-545 (April 6, 2012)
(State Appeals) State appeals orders suppressing evidence due to discovery violations. COCA finds no abuse of discretion. "Common sense dictates that the more severe the sanction, the more likely the problem will be remedied in future cases."

State v. Campbell, James Monroe, COCA Case No. S-2012-194 (October 30, 2012)
(State Appeals; Search and Seizure) District Court’s Order granting Motion to Suppress Evidence affirmed. Case dismissed

State v. Fowler, Travis Ray, COCA Case No. S-2013-790 (July 1, 2014)
(State Appeals; Evidence, Other Crimes) District court’s ruling excluding other crimes evidence affirmed.

State v. Haley, Stephen Joseph, COCA Case No. S-2013-140 (February 20, 2014)
(State Appeals; Statutory Construction) State sought to allow enhancement of misdemeanor marijuana to a felony by suing any prior drug conviction as an enhancer. Statutory language clearly required the prior conviction to be a violation of the same section (marijuana possession). District Court order affirmed.

State v. Heartfield, Kindra, COCA Case No. S-2013-718 (May 22, 2014)
(State Appeals; Evidence, Sufficiency; Search and Seizure) No abuse of discretion in finding that there was no consent to warrantless search. District Court order suppressing evidence affirmed.

State v. Johns, David, COCA Case No. S-2013-315 (February 21, 2014)
(State Appeals) Opinion answering State’s Reserved Question of Law. Trial court is not authorized to cut short a deferred judgment under 22 O.S. 991(c).

State v. Johnson, Sheila Carol, COCA Case No. S-2012-554 (June 12, 2013)
(State Appeals; Abuse of Discretion) Trial court did not abuse discretion in suppressing evidence when warrant was not executed immediately or with all due haste as ordered.

State v. Lopez, Uriel Alajandro, COCA Case No. S-2013-103 (October 2, 2013)
(State Appeals; Search & Seizure) Order granting motions to suppress and quash affirmed. Trooper did not have reasonable suspicion that violation had occurred before making stop.

State v. Lord, Cody Ray, COCA Case No. S-2016-1142 (September 14, 2017)
(State Appeals; Evidence, Sufficiency; Abuse of Discretion) Suppression of blood draw evidence upheld in DUI case for lack of consent.

State v. Magana, Maria, COCA Case No. S-2013-103 (October 2, 2013)
(State Appeals; Search & Seizure) Order granting motions to suppress and quash affirmed. Trooper did not have reasonable suspicion that violation had occurred before making stop.

State v. Marco Callejas, COCA Case No. S-2015-972 (May 20, 2016)
(State Appeal) District Court did not abuse discretion when granting motion to suppress after improper traffic stop.

State v. Miers and Gregoire, COCA Case No. S-2016-332 (January 5, 2017)
(State Appeals) Magistrate’s order granting demurrers in felony murder case upheld.

State v. Miller, David James, COCA Case No. S-2016-1126 (March 22, 2018)
(State Appeals) State appeal dismissed for not raising a reserved question of law; lets stand the district court ruling that defendant was immune from prosecution based on “stand your ground” law.

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.

State v. Perez, Hermenegildo Vasquez, COCA Case No. S-2012-355 (January 29, 2013)
(State Appeals; Search and Seizure) State Appeal from district court suppression of evidence is denied. No probable cause for arrest that yielded evidence of drugs.

State v. Porton, Thomas Bradley, COCA Case No. S-2013-483 (December 3, 2013)
(State Appeals; Evidence, General) State failed to establish an abuse of discretion by trial court regarding digital images on seized computer.

State v. Ramos, Isidro Juarez, COCA Case No. S-2013-510 (June 9, 2015)
(State Appeals) Trial court ruling finding immune from prosecution on a "stand your ground" theory of defense affirmed.

State v. Ramos, Julio Juarez, COCA Case No. S-2013-509 (June 9, 2015)
(State Appeals) Trial court ruling finding immune from prosecution on a "stand your ground" theory of defense affirmed.

State v. Roley, Michael Ray, COCA Case No. S-2005-702 (August 23, 2006)
(Evidence, General; Sixth Amendment) Read together, both the Oklahoma Constitution and Oklahoma statutes guarantee the accused the right of confrontation at preliminary hearing.

State v. Ridge, Steven Allen, COCA Case No. S-2013-322 (October 23, 2013)
(State Appeals; Evidence, Sufficiency) Order granting motion to suppress affirmed. Trooper did not have reasonable suspicion that violation of had occurred before making stop.

State v. Saylor, Christopher Cain, COCA Case No. S-2012-573 (March 14, 2013)
(State Appeals) Magistrate and reviewing judge’s factual determinations were not abuse of discretion.

State v. Simms, Jamar Mordecai, COCA Case No. S-2017-986 (May 31, 2018)
(State Appeals; Evidence, General; Abuse of Discretion) Trial court did not abuse discretion in excluding video of last 15 minutes of homicide victim’s life.

State v. Steven Kirtus Stricker, COCA Case No. S-2020-79 (August 20, 2020) (State Appeals; Evidence, Sufficiency) Trial court’s dismissal of an alternative county of Felony murder in commission of kidnapping, when there was no evidence of intent to confine was affirmed.

State v. Stites, Martin, COCA Case No. S-2016-163 (February 28, 2017)
(State Appeals) Order of district court affirming magistrate’s order granting demurrer in part affirmed.

State v. Terrill, Randall and Deborah Ann Leftwich, COCA Case No. S-2011-1115 (February 20,2013)
(State Appeals; Evidence, Sufficiency) Court agreed evidence put forth at preliminary hearing was insufficient to add a conspiracy charge and affirmed lower court’s dismissal of the count.

State v. Terry, Stephen Lee, COCA Case No. SR-2003-276 (March 30, 2004)
(Information - Defective) Court finds lewd molestation statute requires more than surreptitious filming of clothed girls at a public location.

State v. Trask, Heather Renee, COCA Case No. S-2009-363 (January 26, 2010)
(State Appeals) District court order limiting prosecution theory affirmed. Trask was charged with alternate theories of child abuse murder and/or permitting child abuse. Husband already convicted under State’s theory that he inflicted injuries. Order that State cannot now argue that she inflicted the injuries stands.

State v. Tutson, Terrence, COCA Case No. S-2013-718 (May 22, 2014)
(State Appeals; Evidence, Sufficiency; Search and Seizure) No abuse of discretion in finding that there was no consent to warrantless search. District Court order suppressing evidence affirmed.

State v. Thornburg, Green and Krushe, COCA Case No. S-2013-694/695/696 (June 19, 2014)
(State Appeals) Bail bondsmen went into 3^rd party’s home and took custody of persons for whom they had posted bond. Trial court’s decision to grant motion to dismiss kidnapping and burglary charges affirmed.

State v. Vaughan, David, COCA Case No. S-2013-687 (April 22, 2014)
(State Appeals; Evidence, Sufficiency) Dismissal of manslaughter case affirmed. Evidence insufficient to show actions constituted a substantial factor in the victim’s death.

State v. Walker, Carl Wayne, COCA Case No. S-2009-623 (December 10 2009)
(Evidence, Sufficiency) State appealed ruling at preliminary hearing reducing charge from Poss CDS w/ Intent to Distribute to misdemeanor Possession of CDS. Evidence of prior drug sales insufficient to support probable cause for "intent to distribute."

State v. Weaver, Wesley Warren Peritt, COCA Case No. S-2019-242 (June 18, 2020)
(State Appeals; Evidence, Sufficiency) State failed to establish proffered sexual propensity evidence sufficiently to overcome trial court’s exclusion.

State v. Wichert, Sonya Renee, COCA Case No. S-2012-244 (April 8, 2013)
(State Appeals; Due Process) Meth Registry Act could not apply because conviction preceded the effective date of the Act.

State v. Zilm, Adam Clayton, COCA Case No. S-2014-812 (August 6, 2015)
(State Appeals; Evidence, Sufficiency) Lower court order suppressing child hearsay evidence based on insufficient evidence of reliability affirmed.

Stephens, Charles v. State, COCA Case No. S-2009-567 (May 11, 2010)
(State Appeals; Evidence, Sufficiency) Magistrate’s ruling suppressing evidence was final and State did not timely appeal the ruling. District Court’s reliance on that ruling to suppress additional evidence as "fruit of the poisonous tree" was not an abuse of discretion. State Appeal denied.

Stephens, Robert Mark v. State, COCA Case No. F-2002-201 (March 5, 2003)
(Sentence - Excessive) Trial judge's refusal to consider all possible sentencing options based upon a "policy" of running sentences consecutively constitutes an abuse of discretion. Sentences modified to be served concurrently.

Stevenson, Donald Eugene v. State, COCA Case No. F-2004-971 (February 6, 2006) (Sentence, Excessive) Plain error occurred in admission of exhibits detailing Appellant’s prior convictions. Sentence modified.

Stewart, Lawrence Grant v. State, COCA Case No. F-2010-615 (September 1, 2011)
(Double Jeopardy/Double Punishment) Conviction of parent for child sexual abuse, in addition to convictions for individual sex offenses, constitute double punishment. Count reversed with instructions to dismiss.

Stewart, Travis Day, COCA Case No. C-2017-1223 (April 8, 2021)
(Direct/McGirt/Creek Nation) The Court found that the Creek Nation is a federally recognized tribe and that the crime occurred within the Creek Nation boundaries. They also found that Petitioner had Creek blood and was an enrolled member at the time of the crime. Because of that, the Court ruled that the District Court did not have jurisdiction and remanded the case with instructions to dismiss.

Stinson, Sr., Christopher v. State, COCA Case No. F-2011-70 (February 24, 2012)
(Double Jeopardy/Double Punishment) Manufacturing cds (which was also the underlying felony for felony murder) dismissed as violating double jeopardy.

Stigleman, Aaron Mitchell v. State, COCA Case No. F-2013-1129 (October 30, 2015)
(Ineffective Assistance of Counsel) Counsel ineffective for failing to secure expert for insanity defense. Reversed and remanded for new trial.

Stout, Jan v. State, COCA Case No. F-2001-319 (Nov. 29, 2001)
(Prosecutorial Misconduct; reversed for new trial)

Stout, Jesse James v. State, COCA Case No. F-2009-177 (October 8, 2010)
(Due Process; Jury Instructions, Misleading/Confusing) Trial Court erred in allowing the State to amend the Information at the close of trial because change in sentencing range was prejudicial. Counts in question remanded for a new trial.

Stratmoen v. State, COCA Case No. F-2000-292 (April 24, 2001)
(Possession of a Weapon While Committing Felony not enhanceable)

Stratmoen, Joe Edward v. State, COCA Case No. F-2002-1561 (September 25, 2003)
(Sentence - Excessive) Trial court should not have ordered Appellant resentenced on Count II, which had already been modified on previous appeal. Sentence modified to 2 years.

Strong, Joe Reaner v. State, COCA Case No. F-2009-1181 (September 2, 2011)
(Jury Instructions/Lesser Offenses) Second Degree Felony Murder with child neglect as underlying felony reversed and remanded for new trial because trial court failed to instruct on defense theory of second degree manslaughter.

Stein, Jesse Douglas v. State, COCA Case No. M-2009-1064 (November 9, 2010)
(Bench Trial) Record silent on waiver of jury trial; State’s motion to supplement with affidavits from the trial judge, the ADA, and trial counsel was granted but deemed insufficient to show Appellant made a competent, knowing and intelligent waiver. Remanded for a new trial.

Stolhand, Teddy William v. State, COCA Case No. S-2011-467 (February 1, 2012)
(State Appeals) Defendant whose rights to possess firearms had been restored after successful completion of deferred in 2004 cannot be subject to prosecution for firearm possession based on the 2010 change in the law requiring a 10-year waiting period before rights are restored.

Stone, Jimmy Dale v. State, COCA Case No. F-2012-545 (January 8, 2014)
(Jury Instructions, Misleading/Confusing) Plain error in trial court’s failure to instruct on elements of the offense. Reversed and remanded for new trial.

Strickland, Lyle Wayne v. State, COCA Case No. F-2007-66 (December 3, 2007)
(Double Jeopardy/ Double Punishment) Convictions for running a roadblock and eluding police officer violate prohibition against multiple punishment. Eluding count dismissed.

Struble, Aaron, COCA Case No. F-2021-1220 (February 16, 2023) (Direct; Sentencing) Sentence modified from life to fifty years. Fifty years was the jury verdict, and Mr. Struble could discharge the term of years, but could not discharge a life sentence.

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.

Sutton, Sheila Ann v. State, COCA Case No. F-2004-332 (August 11, 2005)
(Evidence, Sufficiency; Jury Instructions, Lesser Offenses) Mere presence at a crime scene does not make a person liable for a crime. Count for Knowingly Concealing Stolen Property reversed with Instructions to Dismiss. Jury given definition of petit larceny without any instruction as to lesser included offenses limiting jury’s ability to find defendant guilty of lesser included offense. Count for Grand Larceny modified to Petit Larceny, sentence modified to 2 years.

Tanner, Twyla v. State, COCA Case No. F-2004-410 (January 4, 2006)
(Sentence, Excessive) Based on the facts and circumstances of the case, the sentence of 45 years shocks the conscience of the Court. Defendant had permission to take car from a used car lot, and drive to the bank. Instead she drove the car until it ran out of gas. Car was recovered, undamaged, 20-25 miles from the car lot. Sentence modified to 20 years.

Tallon, Jeffery v. State, COCA Case No. F-2014-931 (March 29, 2016)
(Evidence, Sufficiency) Finding of prior conviction not supported by the evidence. Reversed and remanded for resentencing.

Tarver, Charles Henry Jr. v. State, COCA Case No. F-2018-542 (September 26, 2019)
(Search and Seizure; Abuse of Discretion) Evidence found should have been suppressed because traffic stop extended beyond Constitutionally permissible. Abuse of Discretion in allowing unlawfully seized evidence. Reversed and remanded with instructions to dismiss.

Tate, Lonnie Wayne v. State, COCA Case No. F-2011-460 (August 13, 2012)
(Double Jeopardy/Double Punishment; Fines, Fees and Costs) Convictions for Obstructing an Officer and Resisting an Officer violated double punishment. Under the facts, Obstructing (misdemeanor) was part and parcel of the felony charge of Attempting to Elude. Resisting an Officer (misdemeanor) was part and parcel of the felony A&B on a Police Officer. Speeding and running roadblocks were not subsumed by the Attempting to Elude count. Misdemeanors reversed with instructions to dismiss. Fine for speeding also modified to statutory maximum.

Taylor, Craig LaFranz v. State, COCA Case No. F-2004-825 (November 28, 2005)
(Jury Deliberations; Sentence, Excessive) Note during deliberations demonstrated jury was influenced by extraneous prejudicial information in assessing sentence. Sentence modified form life imprisonment to 20 years.

Taylor, Dale Lynn v. State, COCA Case No. F-2014-500 (October 29, 2015)
(Sentence, Excessive) Stale prior conviction improperly used to enhance sentence. Modified from 20 years to 15 years.

Taylor, Joey Dean v. State, COCA Case No. S-2003-445 (October 3, 2003)
(Search and Seizure) Appeal of magistrate’s order by the State affirmed. Magistrate and reviewing judge found State had not met its burden of proving that the defendant voluntarily gave consent to search vehicle after a traffic stop.

Teafatiller, Timothy Purcell v. State, COCA Case No. F-2005-366 (June 9, 2006) (Evidence, Sufficiency) Drugs which formed the basis of the charge against defendant were destroyed by OSBI at the direction of the sheriff, without defense being given the opportunity to test it. Reversed and remanded.

Terrell, Charles v. State, COCA Case No. F-2006-348 (October 12, 2007)
(Evidence, Other Crimes; Sentence, Excessive) Appellant given maximum sentence due to inflammatory nature of the improper other crimes evidence. Lewd molestation conviction affirmed, but sentence modified from 20 years to 10 years.

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.

Terry, Keyion Kaseen v. State, COCA Case No. F-2007-432 (June 17, 2008)
(Due Process) Trial court originally granted a motion to quash the information, but then reconsidered and reinstated the charge upon which defendant was convicted. Trial court lost jurisdiction over the charge once the motion to quash was granted, and only way for prosecution to be reinstated was for State to appeal, or for a new charge to be filed. Reversed with instructions to dismiss.

Thomas, Jerrell Otis v. State, COCA Case No. F-2015-374 (February 2, 2016)
(Double Jeopardy/Double Punishment) Double punishment violation for convictions of Shooting with Intent to Kill and Robbery with Weapon. Robbery conviction vacated.

Thompson, Amanda Moncella v. State, COCA Case No. F-2009-648 (August 31, 2011)
(Revocation/Acceleration Decisions; Guilty Plea Decisions) Acceleration case, but defendant not advised at the time of acceleration of right to move to withdraw the guilty plea. Defendant "properly sought an out of time certiorari appeal through a request for post-conviction relief," the matter must be remanded to allow defendant the opportunity to withdraw her plea.

Thompson, Charles v. State, COCA Case No. M-2007-0118 (February 13, 2008
(Evidence, Sufficiency) Conviction for public drunkenness reversed with instructions to dismiss; evidence insufficient.

Thompson, Dominic Ty-Rell v. State, COCA Case No. F-2015-933 (September 16, 2016)
(Double Jeopardy/Double Punishment; Sentence, Excessive) Two counts of knowingly concealing stolen property based on possession of two items stolen from different people on different days violate double jeopardy/double punishment provisions. One count reversed and dismissed.

Thompson, Gary Don II v. State, COCA Case No. F-2010-288 (April 7, 2011)
(Search and Seizure) Evidence supporting conviction was the product of an unlawful detention. Officer had no particularized suspicion of criminal activity only the fact that Appellant and companion were walking in a "high crime area" Reversed with instructions to dismiss.

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.

Thompson, Kenneth Glenn v. State, COCA Case No. F-2002-202 (February 28, 2003)
(Double Punishment) Convictions for Robbery w/ a Weapon and A&B w/ a Weapon violate Section 11 prohibition on double punishment, as both crimes arose out of one act. The A&B count reversed with instructions to dismiss.

Thompson, Kristie Kay v. State, COCA Case No. F-2008-97 (June 24, 2009)
(Evidence, Sufficiency) Evidence was insufficient to prove child neglect. Reversed with instructions to dismiss.

Thompson, Kristy Ladell v. State, COCA Case No. F-2002-203 (February 28, 2003)
(Double Punishment) Convictions for Robbery w/ a Weapon and A&B w/ a Weapon violate Section 11 prohibition on double punishment, as both crimes arose out of one act. The A&B count reversed with instructions to dismiss.

Thompson, Valenta E. v. State, COCA Case No. F-2008-60 (May 21, 2009)
(Jury Instructions, Misleading/Confusing; Sentence, Excessive) Two counts reversed because the jury was not properly instructed on the elements necessary to support convictions.

Thompson, Wilford Carl Jr. v. State, COCA Case No. F-2008-5 (July 24, 2009)
(Sentence, Excessive) Permitting jury to consider prior convictions when determining sentence for Murder I is plain error. Sentence modified from LWOP to Life.

Thornbrugh, Matthew v. State, COCA Case No. F-2008-287 (March 25, 2009) (Evidence, Sufficiency) Mere possession of a radio capable of receiving police transmissions is not sufficient to prove that it was "operated." Reversed with instructions to dismiss.

Thornton, Jonas Alan v. State, COCA Case No. F-2011-962 (February 27, 2014)
(Judge, Recusal) Consultation with attorney who subsequently became the trial judge required the trial judge to recuse from the non-jury trial. Reversed and remanded for new trial.

Throckmorton, John Henry v. State, COCA Case No. F-2001-49 (January 7, 2002)                                                                         
(Double Jeopardy/Double Punishment)

Tiger, Travis Ray v. State, COCA Case No. F-2010-223 (February 16, 2011)
(Fines, Fees and Costs) Plain error to impose restitution without supporting evidence. Remanded for proper determination of restitution.

Tiger, Charles Clarence v. State, COCA Case No. F-2004-1127 (March 6, 2006)   (Double Jeopardy/Double Punishment; Evidence, Sufficiency) Two counts in multi-count case reversed with instructions to dismiss. Simultaneous convictions for first degree burglary and robbery with a firearm violate statutory provision against double punishment; also evidence was insufficient for conspiracy to commit second degree burglary.

Tillis, Damean v. State, COCA Case No. F-99-1654 (January 4, 2001)
(Evidence, Other Crimes, error in admitting prior conviction during first stage)

Tillman, Tashiro Rudy v. State, COCA Case No. F-2001-465 (June 4, 2002)
(Youthful Offender. Record does not reflect Appellant effected a knowing waiver of his statutory right to be sentenced under the Youthful Offender Act. Conviction for possession of CDS AFC vacated for resentencing.)

Tofflemire, David Anthony v. State, COCA Case No. F-2018-269 (October 3, 2019)
(Fines, Fees and Costs) OIDS fee vacated because retained counsel throughout trial.

Tolliver, Donald Edward v. State, COCA Case No. F-2014-974 (November 5, 2015)
(Restitution) Plain error occurred when actual financial detriment was not determined to a reasonable certainty. Remanded for new hearing on restitution.

Toppah, Trevor, COCA Case No. F-2021-522 (August 4, 2022) (Direct; Fines, Fees, and Costs) OIDS fee cut in half because it exceeded statutory maximum.

Toppah, Trevor Leif COCA Case No. F-2021-522 (October 6, 2022) (Direct; Fines, Fees, and Costs) Remanded for modification of OIDS fee.

Townsend, Don Wayne Jr. v. State, COCA Case No. S-2009-1176 (June 22, 2010)
(State Appeal) State sought determination on sufficiency of the trial evidence. This was not a proper reserved question of law.

Trammell, Stanley Norris v. State, COCA Case No. F-2004-1112 (December 16, 2005)
(Jury Instructions, Misleading / Confusing) Trial court erred in failing to give self-defense instructions in first degree murder case. Reversed and remanded for new trial.

Tran, Huyen Ai Thi v. State, COCA Case No. F-2011-480 (August 9, 2012)
(Fines, Fees and Costs) Remanded to district court to correct judgment and sentence imposing a $250 fine which should have been $150.

Troutt, Mark Anthony v. State, COCA Case No. F-2003-1036 (September 10, 2004)
(Jury Instructions, Theory of Defense) Trial court’s refusal to instruct jury on theory of defense of entrapment denied Appellant a fair trial. Reversed and remanded for new trial.

Tucker, Gary Wesley v. State, COCA Case No. F-2001-210 (March 26, 2002)
(Jury Instructions, Lesser Offenses; Plain reversible error occurred when trial court failed to give proper jury instructions and trial judge failed to correctly answer the jury's question.)

Tunley, Joseph v. State, COCA Case No. F-2017-241 (February 15, 2018)
(Bench Trial) Inadequate waiver of jury trial. Reversed and remanded for new trial.

Turner, Chad Allen v. State, COCA Case No. F-2010-1128 (May 9, 2012)
(Double Jeopardy/Double Punishment) Convictions for both conspiracy to manufacture and conspiracy to traffic methamphetamine violated double punishment provisions, where the overt acts for both conspiracies were the same. Court reverses and dismisses the count with the lesser sentence.

Turner, Christopher M. v. State, COCA Case No. F-2014-580 (July 28, 2015)
(Fines, Fees and Costs) Trial court abused discretion by imposing VCA without first considering mandatory statutory factors prerequisite to the assessment. VCA vacated and remanded.

Turner, Michael Gerald v. State, COCA Case No. F-2001-1243 (December 20, 2002)
(Evidence - Sufficiency) Convictions for Personal Injury DUI and DUI reversed and dismissed. Blood test administered beyond two hours of arrest inadmissible.

Van Anden, Christopher v. State, COCA Case No F-2000-446 (May 4, 2001)
(Evidence, Other Crimes, improper admission)

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.

Vanmeter, Richard Lloyd v. State, COCA Case No. F-2008-963 (September 24, 2009)
(Drug Court; Due Process) Denial of due process to terminate from Drug Court without filing a Motion to Terminate. Termination from Drug Court reversed with instructions to reinstate.

VanWinkle, Ryan Anthony v. State, COCA Case No. F-2005-620 (September 22, 2006)
(Double Jeopardy/Double Punishment) Convictions for both assault and battery with a dangerous weapon and forcible sodomy violated double punishment statute. A&B count dismissed.

Van Woudenberg, Edward John v. State, COCA Case No. F-2002-899 (July 22, 2003)
(Fines, Fees and Costs) Nunc Pro Tunc order to correct overcharge in costs and fees at defendant's request. Judgment and Sentence affirmed.

Vasquez, Vincent v. State, COCA Case No. F-2008-620 (August 5, 2009)
(Restitution) Trial court abused his discretion in imposing restitution. Restitution Order vacated.

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.

Vaughn, James Dale v. State, COCA Case No. F-2002-175 (February 19, 2003)
(Jury Instructions - Misleading/Confusing) Jury given incorrect punishment range on Offense of Carrying Firearm AFC. Judgment affirmed but sentence modified from 20 years to 2 years.

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.

Vernon, Mark Tracey v. State, COCA Case No. F-2011-661 (August 8, 2013)
(Ineffective Assistance of Counsel) Five counts of rape, one count of sodomy reversed and remanded for new trial because counsel failed to impeach witness and to use other available evidence to demonstrate motive to testify falsely.

Vickery, Michael Lee v. State, COCA Case No. M-2002-1146 (July 22, 2003)
(Bench Trial ) Accelerated Docket Order modifies sentence from 1 year to 3 months with credit for time served.

Vinson, Billy v. State, COCA No. F–98-934, ( August 21, 2000)
(Restitution of Jail Costs; Insufficient Evidence)

Vivian, Billy v. State, COCA Case No. F-1998-385, (Jan. 12, 2000)
(Joinder of Parties, Failure to sever highly prejudicial)

Wade, James Alan v. State, COCA Case No. F-2004-1238 (March 3, 2006)  (Evidence, Sufficiency) Conviction for embezzlement of rented property (a car) reversed and dismissed for insufficient evidence of the value of property allegedly embezzled.

Wadkins, Robert Eric, COCA Case No. F-2018-790 (January 20, 2022) (Direct/McGirt/ Choctaw Nation) The Court found that the Appellant is a member of a federally recognized tribe and that the crime occurred within the Choctaw Reservation. Because of that, the Court ruled that the District Court did not have jurisdiction and remanded the case with instructions to dismiss.

Wadkins, Robert Eric, COCA Case No. F-2018-790 (October 28, 2021) (Direct/McGirt/Choctaw Nation) The Court found that the Appellant is a member of a federally recognized tribe and that the crime occurred within the Choctaw Reservation. Because of that, the Court ruled that the District Court did not have jurisdiction and remanded the case with instructions to dismiss.

Wafford, Michael Orlando v. State, COCA Case No. F-2002-1470 (November 25, 2003)
(Double Jeopardy/Double Punishment) Convictions for both possession of firearm while committing a felony and concealing stolen property (the same firearm) violated double punishment prohibition of Section 11. The concealing conviction was reversed with instructions to dismiss.

Wages, Christian v. State, COCA Case No. M-2017-954 (March 7, 2019)
(Evidence, Sufficiency) Domestic Abuse assault and battery modified to simple assault and battery because of inadmissible hearsay as to the living situation of the parties.

Wakefield, Terry Dewayne v. State, COCA Case No. F-2006-1095 (September 11, 2007)
(Sentence, Excessive; Jury Instructions, Misleading/Confusing) Jury was not instructed on proper range of punishment. Sentence modified.

Walker, Adrian Luis v. State, COCA Case No. F-2017-1232 (July 18, 2019)
(Double Jeopardy/Double Punishment) Conviction for both felony murder and the underlying felony violates section 11 prohibition on double punishment, and requires dismissal of conviction of the felony used as element of the murder conviction.

Walker, Harold Robert Jr. v. State, COCA Case No. F-2011-684 (April 5, 2013)
(Drug Court; Sentence, Excessive) Drug Court termination affirmed but remanded to correct sentences that exceed statutory maximum.

Walker, Isaiah Jamil v. State, COCA Case No. F-2015-937 (December 7, 2017)
(Sentence, Excessive; Double Jeopardy/Double Punishment) Convictions for both felony murder and burglary violated double jeopardy where the predicate felony for the murder conviction was the burglary. Burglary conviction reversed with instructions to dismiss.

Walker, Kenneth Linn v. State, COCA Case No. F-2003-443 (May 27, 2004)
(Statute of Limitations) One count of sexual exploitation of a child dismissed due to expiration of statute of limitations.

Walker Jr., Ernest v. State, COCA Case No. F-1999-442, (Sept. 13, 2000)
(Ineffective assistance of counsel)

Walters, Ricco Dante v. State, COCA Case No. F-2014-870 (December 22, 2015)
(Double Jeopardy/Double Punishment) Convictions for both Possession of Sawed-off Shotgun and Possession of the same Shotgun After Former Conviction of a Felony violated protection against double punishment. Possession After Former Conviction of a Felony reversed with instructions to dismiss

Ware, James Earl v. State, COCA Case No. F-2004-1147 (June 14, 2006)  (Evidence, Sufficiency) One count of Lewd Molestation reversed with instructions to dismiss due to insufficient evidence.

Warnick, Anthony Harold v. State, COCA Case No. F-2017-851 (November 8, 2018)
(Fines, Fees and Costs) Indigent defense fee imposed exceeded statutory maximum. Fee modified to $250.

Warrior, Kevin Bernell v. State, COCA Case No. F-2016-519 (January 24, 2018)
(Newly Discovered Evidence) Newly discovered evidence created a reasonable probability that the outcome of the trial would have been different. Reversed and remanded for a new trial.

Washington, Lawrence v. State, COCA Case No. F-2001-55, (Sept. 5, 2001)
(Double Jeopardy/Double Punishment, Possession of two types of contraband in single container)

Watkins, Sam v. State, COCA Case No. F-2000-484, (Aug. 23, 2001)
(Bench Trial, Knowing and Voluntary waiver of Jury Trial)

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.

Watson, Rodney v. State, COCA Case No. F-1999-477, (May 23, 2000)
(Double Jeopardy/Double Punishment, multiple convictions from one course of conduct)

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.

Watson, William Antwyoe v. State, COCA Case No. F-2004-430 (January 13, 2006)
(Evidence, Sufficiency) Manslaughter I conviction reversed and dismissed because evidence was insufficient to overcome defense of self-defense.

Watts, Larry Roger v. State, COCA Case No. F-2005-963 (May 25, 2007)
(Evidence, Sufficiency; Sentence, Excessive) Conviction for "drive-by shooting" modified to felony Malicious Injury to Property and sentence modified. Drive-by shooting statute is directed toward people, not property.

Washington, Maurice Cortez Jr. v. State, COCA Case No. F-2013-326 (February 25, 2014)
(Ineffective Assistance of Counsel; Sentence, Excessive) Sentence modified because probation and parole was injected into closing arguments.

Webb, Karyn Jo v. State, COCA Case No. F-2001-985 (August 29, 2002)
(Ineffective Assistance of Counsel.) IAC for failure to get medical expert and utilize available character evidence. Reversed and remanded for new trial.

Welch, Christopher Daniel v. State, COCA Case No. S-2015-568 (March 23, 2016)
(State Appeals) Magistrate found air pistol was not encompassed within possession of firearm after former conviction statute. No abuse of discretion. Ruling affirmed.

Welch, Fred Bennett v. State, COCA Case No. F-2007-993 (March 27, 2009) (Ineffective Assistance of Counsel; Evidence, Other Crimes) Counsel ineffective for promising Defendant would testify, then not calling him as a witness. Also, other crimes evidence regarding alleged molestation of child not admissible when crime charged involved an adult victim. Reversed and remanded for new trial.

Welch, Tony Wayne v. State, COCA Case No. F-2001-1372 (January 10, 2003)
(Jury Instructions - Misleading) Plain error for court to incorrectly instruct jury on range of punishment for crime of Peeping Tom. Fine vacated.

Wells, Dustin v. State, COCA Case No. F-2000-805, (Oct. 18, 2001)
(Evidence, Sufficiency, Assault with Dangerous Weapon)

Wells, Matthew Ryan v. State, COCA Case No. S-2005-866 (May 31, 2006)
(Search and Seizure) Trial court did not abuse discretion in ordering evidence suppressed and sustaining defendant’s motion to quash. (State Appeal)

West, Harry Oliver v. State, COCA Case No. F-2005-700 (July 14, 2006)
(Jury Instructions, Misleading/Confusing) Trial court’s failure to instruct the jury on the definitions of the terms "driving under the influence" and "driving while impaired" is plain reversible error. Reversed and remanded for new trial.

Whitaker, Doris Jean v. State, COCA Case No. F-2012-294 (May 15, 2013)
(Bench Trial) Reversed and remanded for new trial because record of trial could not be provided through no fault of defendant.

White, Leroy Jr. v. State, COCA Case No. F-2007-1162 (October 9, 2008
(Fines, Fees and Costs) Fines imposed at sentencing without jury input were vacated.

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.

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.

Wichita, David Dean v. State, COCA Case No. F-2002-323 (April 28, 2003)
(Bench Trial, Waiver) Record failed to show a competent, knowing and intelligent waiver of the right to a jury trial. Reversed and remanded for new trial.

Weimer, Charles Edward v. State, COCA Case No. F-2014-698 (October 28, 2015)
(Restitution; Abuse of Discretion) Restitution assessed was based on information in PSI report. Remanded for a proper determination of actual economic loss.

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.

Wilkerson, Anthony Dean Jr. v. State, COCA Case No. F-2017-1176 (September 5, 2019)
(Fines, Fees and Costs) Fine not orally imposed at sentencing vacated.

Wilkerson, Val v. State, COCA Case No. F-2007-909 (May 13, 2009)
(Sentence, Abuse of Discretion) Sentence modified because trial court’s carte blanche admission of all propensity evidence constituted an abuse of discretion, which contributed to excessive sentence.

Wills, Preston Lee, COCA Case No. F-2021-49 (August 18, 2022) (Direct; Double Jeopardy; Double Punishment) Granted relief on a double-punishment issue. Count 2, Assault and Battery With a Deadly Weapon, and the corresponding 10 year sentence, vacated.

Williams, Darrell v. State, COCA Case No. F-2012-951 (April 22, 2014)
(Jury Deliberations) Sexual battery and two rape counts reversed and remanded for new trial due to juror misconduct. Several jurors made unauthorized visits to crime scene and discussed their observations during deliberations.

Williams, Donnell E. v. State, COCA Case No. F-2002-493 (March 4, 2003)
(Sentence - Excessive) Three convictions for non-violent property crimes affirmed but 25 years' imprisonment for each count to run consecutively is excessive. Sentence modified to be served concurrently.

Williams, Erik Sherney, COCA Case No. F-2016-937 (March 25, 2021)
(Direct/McGirt Ruling/Muscogee Creek Nation) The Court found that the Muscogee Creek Nation is a federally recognized tribe and that the crime occurred within the Muscogee Creek Reservation. Because of that, the Court ruled that the District Court did not have jurisdiction and remanded the case with instructions to dismiss.

Williams, Mark Wallace v. State, COCA Case No. F-2012-172 (July 24, 2013)
(Sentence, Excessive; Jury Instructions, Misleading/Confusing) Jury incorrectly instructed on sentencing range. Sentence modified.

Williams, Michael v. State, COCA Case No. F-1997-1740, (March 8, 2000)
(Sentence, Excessive, modification from life to 25 years)

Williams, Michael David v. State, COCA Case No. M-2006-1334 (May 14, 2008)
(Evidence, Sufficiency) Evidence insufficient to support conviction for one of two counts of domestic abuse. Reversed with instructions to dismiss.

Williams, Michael Joe v. State, COCA Case No. F-2000-1247 (February 18, 2003)
(Ineffective Assistance of Counsel) Counsel's performance deficient for refusing to assist client in plea bargain (that would have resulted in a 10 year sentence), and telling client he either had to get other counsel (to take plea agreement), or go to trial. Prejudice shown by lost opportunity to pursue that plea bargain and resulting LWOP sentence at trial. Sentence modified to Life with Possibility of Parole.

Williams, Milton Veran v. State, COCA Case No. F-2002-808 (July 11, 2003)
(Search and Seizure; Fines, Fees and Costs) Two of three counts, Possession of CDS with Intent to Distribute and Maintaining a Dwelling for the Purpose of Keeping/Selling CDS, reversed with instructions to dismiss due to illegal search and seizure (no exigent circumstances to enter defendant's house). Fine modified from $100,000 to $10,000.

Williams, Roy C. v. State, COCA Case No. F-2010-665 (April 4, 2012)
(Double Jeopardy/Double Punishment; Sentence, Excessive) Conviction for Using a Vehicle to Facilitate Intentional Discharge of Firearm and conviction for Second Degree Murder, in the commission of Using a Vehicle to Facilitate the Intentional Discharge of a Firearm violate constitutional protections from double jeopardy. Non-murder count reversed with instructions to dismiss.

Willingham, Charles Anthony v. State, COCA Case No. F-2005-281 (September 15, 2006)
(Sentence, Excessive) Sentences ordered to run consecutively shocked the conscience of the court. Modified to run concurrently.

Willis, Mario D’Shane v. State, COCA Case No. F-2004-67 (April 6, 2006)   
(Ineffective Assistance of Counsel) Trial counsel failed to develop evidence available at trial indicating that the sole eyewitness misidentified Appellant. Judgment and Sentence reversed.

Wilson, Gregory John v. State, COCA Case No. M-2013-1049 (May 26, 2015)
(Due Process) Reversed and remanded for new trial because no record of a valid waiver of the right to jury trial.

Wilson, Jr., Robert Willie COCA Case No. F-2021-554 (December 15, 2022) (Direct; Evidence) A felony count of accessory to third degree burglary with a twenty year sentence reversed and remanded with instructions to dismiss for insufficient evidence. State’s evidence “established a mere suspicion of Appellant’s guilt, not proof beyond a reasonable doubt...” Misdemeanor or “carrying weapons” with a six-month sentence was affirmed.

Winbush, III, Phillip Eric v. State, COCA Case No. F-2016-994 (January 11, 2018)
(Fines, Fees, and Costs) Costs for indigent representation modified to statutory amount.

Winrow, John Calvin Jr. v. State, COCA Case No. F-2009-774 (December 17, 2010)
(Sentence, Excessive; Ineffective Assistance of Counsel) Court finds it "objectively unreasonable for defense counsel not to give any second-stage closing argument and, in particular, not to make some kind on sentencing request of the jury." Counsel was also ineffective for failing to "more diligently pursue concurrent sentences..." Remanded to determine whether sentences should run concurrently or consecutively

Wise, Twilia Renae v. State, COCA Case No. F-2009-1110 (May 4, 2011)
(Ineffective Assistance of Counsel) Trial counsel was ineffective for failing to adequately cross examine accomplices on their credibility and motivation to lie (they had only been charged with burglary, when could have been charged with Murder 1). Reversed and remanded for new trial.

Wisner, Robert v. State, COCA Case No. F-2000-1313, (Aug. 31, 2001)
(Double Jeopardy/Double Punishment, two offenses arising from single transaction)

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.

Woodfork, James Jermaine v. State, COCA Case No. F-2002-532 (June 3, 2003)
(Double Jeopardy/Double Punishment) Three (of 8) counts, A&B with a Dangerous Weapon and Domestic Abuse, reversed and remanded with instructions to dismiss on Double Jeopardy/Double Punishment grounds.

Wright, Darnell Lamar v. State, COCA Case No. F-2012-170 (February 14, 2014)
(Double Jeopardy/Double Punishment; Sentence, Excessive) Convictions for robbery with a firearm and assault while masked in one act violate 21 O.S.2001, § 21. Conviction for assault while masked reversed.

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.

Wright, Vadell Lamont v. State, COCA Case No. F-2001-651 (June 7, 2002)
(Evidence - Sufficiency; Jury Instructions. Evidence insufficient to support the charge of using a vehicle to discharge a firearm, charge reversed with instructions to dismiss. Unauthorized Use of Motor Vehicle reversed and remanded for new trial because the jury was not properly guided regarding defendant's defense of mistake.)

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

Yeary, Dean v. State, COCA Case No. F-1996-376, (March 28, 1997)
(Search and Seizure, investigatory detention)

Young, Thomas Ray v. State, COCA Case No. F-2009-407 (June 23, 2010)
(Evidence, Other Crimes) Other crimes evidence was more prejudicial than probative affecting the sentences imposed. Sentences modified to run concurrently.

Zeiset, Eric, COCA Case No. F-2021-636 (August 4, 2022)(Direct; Jury Instructions) Failure to give instruction on elements of the offense of using a security camera in the commission of a felony required reversal for new trial.