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Alphabetical by Case Name
A
, B - C - D -
E, F - G - H -
I, J - K, L - M
- N - O, P - Q,
R - S - T
- U, V, W - X, Y, Z
-A-
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)
-B-
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.
Baker, Mitchell Dewayne v. State, COCA Case No.
F-2008-1087
(January 27, 2010)
(Restitution) Restitution order vacated and remanded for proper
determination.
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)
Brown, Sherman Nathaniel v. State, COCA No. F-99-607,
(October 19, 2000)
(Joinder, separate crimes)
Brown, Tony Carnell v. State, COCA Case No.
F-2007-987 (October 10, 2008)
(Jury Instructions, Lesser Offenses; Evidence, Expert Testimony) Trial court
should have given lesser included offense instructions. Error for State’s
witness to testify that based on neurolinguistic training, the defendant lied in
his statement. Reversed and remanded for new trial.
Brumfield, Jeffery Dale v. State, COCA Case No.
S-2009-858
(September 10, 2010)
Brumfield, Margaret Ann v. State, COCA Case No.
S-2009-862
(September 10, 2010)
(State Appeal; Search and Seizure) State appealed district court decision to
suppress. Trial court ruling that there was not probable cause to search vehicle
affirmed. "[R]easonable suspicion that a motorist is under the influence of an
intoxicant is not the same as probable cause to believe that controlled
substances will be found in the motorist’s vehicle."
Bruner, Ricky Dion v State, COCA Case No. F-2002-108
(April 30, 2003)
(Double Jeopardy) Multiple convictions arising from a single criminal
episode violate prohibitions against double jeopardy. Rape and robbery
convictions affirmed, but kidnapping convictions reversed with instructions to
dismiss.
Bruton, John v. State, COCA Case No. F-1999-807,
(July 6, 2000)
(Sentence, legality)
Bryant, Gregory Lynn v. State, COCA Case No.
F-2007-438 (August 22, 2008)
(Fines, Fees and Costs; Jury Instructions, Misleading/Confusing) Fine
vacated because jury was misinstructed that the fine was mandatory, not
optional. Incarceration fees should not have been assessed because client was
incarcerated for another offense, not the charge in this case, while awaiting
trial.
Bryant, Michael Don v. State, COCA Case No.
F-2011-1054
(March 8, 2013)
(Sentence, Excessive) Remanded for nunc pro tunc so that J&S reflects credit
for time served and to change name of offense.
Bucsok, Randy v. State, COCA Case No. F-2000-1156,
(Aug. 28, 2001)
(Evidence, Competency of Witness, Discovery)
Budder, Keighton Jon v. State, COCA Case No.
F-2010-555 (October 24, 2011)
(Sentence, Excessive) Error to sentence a juvenile to life without parole
for non-homicidal crimes. Counts for First Degree Rape modified to life.
Bumgarner, Kevin Eddy v. State, COCA Case No. F-2002-484
(March 31, 2003)
(Sentence - Excessive) Court finds 275 years for 1st Degree Arson
AFCF to be excessive "where there was neither loss of life nor
injury." Sentence modified to 45 years.
Burdex, Elgret Lorenzo v. State, COCA Case No.
F-2010-914 (April 26, 2012)
(Sentence, Excessive) Court’s conscience shocked by life sentence for
five-time felon convicted of one count of uttering a forged instrument. Sentence
modified to 20 years.
Burke, Alfred Jr. v. State, COCA Case No.
F-2009-15 (November 20, 2009)
(Evidence, Other Crimes; Sentence, Excessive) Admission of propensity
evidence under section 2413 was abuse of discretion in this case, requiring
modification.
Burns, Katherine v. State, COCA Case No.
M-2010-341 (November 18,
2011)
(Evidence, Sufficiency, Statutory Construction) Conviction for Harassment by
Use of an Electronic Device (telephone text messaging) reversed with
instructions to dismiss.
Burton, Rodney Jerome v. State, COCA Case No. F-2002-1009
(September 12, 2003)
(Double Jeopardy/Double Punishment) Convictions for trafficking and for
possession of CDS within 1000 feet of a park, based upon same act, violated
Section 11. Possession conviction reversed with instructions to dismiss.
Byrd, Claude M. III v. State, COCA Case No.
F-2013-327 (April 10, 2014)
(Double Jeopardy/Double Punishment) Act of taking and carrying away property was
not completed before victim seized and confined. One count of kidnapping
reversed with instructions to dismiss.
Byrd, Kirk Douglas v. State, COCA Case No.
F-2004-1080 (January 20, 2006)
(Sentence, Excessive; Jury Instructions, Misleading/Confusing) DUI sentence
modified from 20 years to 10 years. Jury was misinstructed on the range of
punishment.
-C-
Campbell, Patricia v. State,
COCA Case No. SR-2007-134
(February 21, 2008)
(Statutory Construction) Child neglect statute then in effect required proof of
all listed types of neglect. Trial court can accept plea to lesser offense over
the State’s objection.
Cannon, II, William Paul and Kuenstler, Glen C. v. State, COCA Case No.
S-2005-657 (February 8, 2006) (Search and Seizure)
Trial court’s suppression of evidence from illegal search affirmed.
Carr, Byrin v. State, COCA Case No.
M-2016-268 (April 27, 2017)
(Right to Counsel) Reversed and remanded for new trial for inadequate waiver of
counsel.
Carr, Byrin v. State, COCA Case No. F-2000-1163,
(Sept. 27, 2001)
(Jury Instructions, Entrapment)
Carr, Kendall Dewayne v. State, COCA Case No.
F-2006-1208 (September 23, 2008)
(Jury Selection) Defendant forced to use a peremptory to remove an
objectionable juror (a police officer), which forced him to keep an unsuitable
juror. Reversed and remanded for a new trial.
Carr, Kendall Dewayne v. State, COCA Case No.
F-2005-1150 (October 30, 2006)
(Jury Instructions, Other) Plain error for trial court to give a non-uniform
"dynamite" instruction that failed to admonish jurors not to abandon their
honestly held beliefs. Reversed and remanded for new trial.
Carroll, Bryan Matthew v. State, COCA Case No.
F-2004-1182 (May 18, 2006)
(Double Jeopardy/ Double Punishment; Sentence, Excessive; Jury Instructions,
Misleading/Confusing) Convictions for Failure to stop at Stop Sign and
Attempting to Elude violate statutory prohibition against double punishment.
Evidence insufficient to show A&B with Dangerous Weapon because there was no
evidence that Appellant had the required intent to do bodily harm. Mere
possession of glass device with only the trooper’s opinion it could be used for
smoking drugs is insufficient. Counts reversed with instructions to dismiss.
Jury not properly instructed on range of punishment for speeding, sentence
modified.
Carroll, Marco Lamonte v. State, COCA Case No.
F-2010-495 (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.
Carson, Curt Edward v. State, COCA Case No.
SR-2013-1187 (December 12, 2014)
(State Appeals) Trial court did not err in allowing evidence of complainant’s
prior allegations of sexual abuse made against a different person.
Carter, George Luther, III v. State, COCA Case No.
F-2005-288 (June 30, 2006)
(Evidence, Other Crimes) Evidence of an unrelated allegation of sex crime should
not have been admitted. Reversed and remanded for new trial.
Carter, William v. State, COCA Case No. F-99-1293
(January 4, 2001)
(Statute of limitations)
Carty, James Marvin v. State, COCA Case No.
F-2013-619
(June 11, 2014)
(Restitution; Abuse of Discretion) Trial court erred in imposing a restitution
order without following statutory procedures in determining the amount. Vacated
and remanded for a proper determination.
Castro-Huerta, Victor M.,
COCA Case No. F-2017-1203 (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.
Catlett, Arthur v. State, COCA Case No. F-1998-687,
(Nov. 16, 1999)
(Evidence, Sufficiency, Possession of CDS with Intent to Distribute)
Cato, Percy Dewayne v. State, COCA Case No.
F-2005-859
(December 8, 2006)
(Fines, Fees and Costs) Jury recommended $10 fine, judge imposed a $25 fine.
Fine modified to $10 (error in opinion shows fine imposed as $10)
Cato, Spencer v. State, COCA Case No.
F-2019-82 (August 27, 2020) (Double
Jeopardy/ Double Punishment) Count dismissed due on double punishment grounds;
Possession of Firearm AFC and Possession of Firearm in Commission of Felony
involved same weapon at the same time.
Causey, Charles v. State, COCA Case No.
F-2006-991 (June 29, 2007)
(Evidence, Sufficiency; Evidence, Expert Testimony) Lewd Molestation case
reversed and remanded for new trial because "trial court erred in failing to
make a record of any hearing on the admissibility of any out-of-court statements
by the minor victim, including a finding that the statements were reliable and
trustworthy...," and because the State’s expert erred when she stated the victim
was telling the truth.
Caves, Peggy L. v. State, COCA Case No.
F-2006-301 (May 10, 2007)
(Prosecutorial Misconduct) Judgment affirmed, however fine modified due to
improper testimony regarding a related civil suit, and because of prosecutor’s
appeal to juror sympathy.
Cavner, Steven Matthew v. State, COCA Case No.
S-2010-540
(January 20, 2011)
(State Appeals) State failed to establish that Deputy possessed more than a
hunch or generalized suspicion of criminal activity when traffic stop occurred.
Order granting Motion to Suppress affirmed.
Caudill, Gary Don v. State, COCA Case No. F-2002-708 (March
6, 2003)
(Sentence - Excessive) District Court lacked authority to impose a sentence
greater than that recommended by the jury. Sentence modified to that imposed by
the jury.
Ceasar, Torrez v. State, COCA Case No.
F-2010-558 (November 14,
2011)
(Evidence, Sufficiency; Sentence, Excessive) Conviction for Possession CDS
with Intent modified to Possession. State urged that quantity of drugs alone
could support element of intent to distribute; majority disagreed. Absent any
other evidence of intent to distribute, conviction had to be modified.
Ceniceros, Jr., Jesus v. State, COCA Case No.
F-2011-858
(October 5, 2012)
(Double Jeopardy/Double Punishment) Two counts of trafficking based on the
same transactions as another count reversed with instructions to dismiss.
Cervantes, Antonio Herman v. State, COCA Case No.
F-2012-1131 (May 8, 2014)
(Sentence, Excessive) Remanded for judgment and sentence to conform to oral
pronouncement and requiring dismissal of a judgment and 40-year sentence for an
acquitted count.
Chambers, Dale Anthony v. State, COCA Case No.
F-2010-1079 (July 13, 2012)
(Sixth Amendment; Evidence, Expert Testimony) Sexual assault exam report
generated by members of multi-disciplinary team was prepared for
use in a criminal trial, and "falls under the category of testimonial evidence
subject to the confrontation clause." Admission of the report violated 6th
Amendment unless declarants were unavailable or defense had prior opportunity to
cross examine the non-testifying witnesses.
Chance, Lonnie Sie v. State, COCA Case No.
F-2010-1123 (September 23, 2011)
(Fines, Fees and Costs; Prosecutorial Misconduct; Sentencing, Excessive;
Evidence, Other Crimes) Error in the introduction of prior J&S and "pen pack"
with improper references to pardon and parole combined with prosecutor’s
argument was plain error requiring modification. Misdemeanor sentence modified
because it was not subject to enhancement. Remanded for restitution hearing to
determine actual loss.
Chapman, Shawn R. v. State, COCA Case No. F-2001-1165
(November 14, 2002)
(Sentence - Excessive) Total sentence of 480 years imprisonment shocks the
Court's conscience. Three 150 year sentences were modified to Life imprisonment.
Champlain, Robert Bradley v. State, COCA Case No.
F-2014-1078 (August 11, 2016)
(Sentence, Excessive; Statutory Construction) Post-imprisonment supervision
imposed at sentencing vacated because does not apply to sentences of Life or
Life Without Parole.
Cheadle, Darrell Antonio v. State, COCA Case No.
F-2004-1271 (January 11, 2006)
(Sentence, Excessive) A total of 6,000 years determined excessive.
Cheadle, Rodney v. State, COCA Case No. F-2000-386
(June 7, 2001)
(Evidence, Sufficiency, First Degree Murder in Furtherance of Drug
Distribution; Illegal Use of Police Radio; Possession CDS with Intent to
Distribute; Double Jeopardy/Double Punishment, solicitation and conspiracy to
commit murder)
Cheshire, Jesse Allen v. State, COCA Case No.
F-2004-1229 (October 11, 2006)
(6th Amendment; Evidence, General) Admission of the
non-testifying child victims hearsay statements through prosecution witnesses
violated the Confrontation Clause. Reversed and remanded for new trial.
Chiles, Vicki Leigh v. State, COCA Case No.
F-2008-433 (August 24, 2010)
(Jury Deliberations) Reversible error not to instruct jury on the meaning of
"life without parole," particularly because of the number of questions the jury
asked regarding the meaning of this term. Sentence shocks the conscience of the
Court and is modified.
Childers, Gary Dean v. Warden Glynn Booher, COCA Case No. HC-2001-0440
(May 9, 2002)
(Order Granting Extraordinary Relief. Sexual Offender Program as now applied
by the Dept. of Corrections is unconstitutional in that it violates the right
against self-incrimination. Remanded to District Court for further proceedings.)
Choate, Robert Wesley v. State, COCA Case No. F-2001-1488
(January 8, 2003)
(Double Punishment) Convictions for manufacturing CDS and possession of
precursor violates prohibition against double punishment. Possession of
Precursor reversed and dismissed.
Ciancio, Gary Patrick v. State, COCA Case No.
F-2011-568 (December 7, 2012)
(Sentence, Excessive; Ineffective Assistance of Counsel; Evidence, Other
Crimes) Affirmed but sentence modified due to trial counsel IAC for not
objecting to other crimes evidence.
Clark, Sidney v. State, COCA Case No. F-2000-282,
decided (Jan. 26, 2001)
(Sentence, Enhancement, sufficiency of evidence for priors)
Clayborne, Mark Anthony v. State, COCA Case No.
F-2011-509 (September 10, 2013)
(Prosecutorial Misconduct; Jury Instruction, Misleading/Confusing) Conviction
for preparing false evidence by attorney reversed.
Cleveland, Christopher D’Shun v. State, COCA
Case No. F-2011-482 (August 9, 2012)
(Jury Instructions, Misleading/Confusing) Plain error found
where trial court did not instruct jury that material nature of perjured
statement could be considered in setting punishment. Sentence modified.
Cleveland, Fredrick Demon v. State, COCA Case No.
F-2007-58 (January 11, 2008)
(Double Jeopardy/ Double Punishment) Possession of both cocaine base and
marijuana within a single container, constituted a single act of possession. One
count reversed with instructions to dismiss.
Colbert, Ricky Carlos v. State, COCA Case No.
F-2011-1043 (March 7, 2013)
(Sentencing) Remanded for nunc pro tunc so that J&S reflects proper offense.
Combs, Franklin Savoy v. State, COCA Case No.
M-2011-1083 (July 1, 2013)
(Right to Counsel; Pro Se; Abuse of Discretion) Trial court failed to warn of
the dangers of self-representation. Reversed and remanded for a new trial.
Clonch, Michael Gary v. State, COCA Case No.
S-2007-668 (August 1, 2008)
(State Appeals) Motion to dismiss granted for lack of speedy trial affirmed.
Coburn, Todd v. State, COCA Case No. F-2001-10, (Nov. 13,
2001)
(Sentence, evidence of prior conviction improperly admitted in second stage)
Coffman, Stewart Wayne,
COCA Case No. F-2018-1268
(August 26, 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.
Coleman, Rita v. State, COCA Case No. F-1998-1366,
(Oct. 8, 1999)
(Double Jeopardy/Double Punishment, Possession of two types of Contraband in
same container)
Colley, Pamela Dee v. State, COCA Case No.
F-2005-1146 (May 18, 2007)
(Double Jeopardy/ Double Punishment) Possession of marijuana merged with the
count of trafficking methamphetamine.
Collier, Mortarice D. v. State, COCA Case No.
F-2004-1091
(February 3, 2006) (Evidence, Sufficiency) Chain of custody was not
sufficiently proven to sustain the foundation for the admissibility of the
evidence. Reversed with instructions to dismiss.
Collins,
Joseph Willis, COCA Case No.
F-2019-369 (March 4, 2021)
(Fines, Fees, and Costs) Plain error in restitution awarded without evidence
substantiating the amount, and plain error in setting an OIDS fee above the
statutory max.
Conroy, Michael Ralph v. State, COCA Case No.
F-2006-1282 (August 21, 2008)
(Sentence, Excessive; Jury Instructions, Misleading/Confusing) Failure to
instruct on 85% rule required new sentencing hearing.
Cook, Lewis Aaron v. State, COCA Case No. M-2001-174
(March 26, 2002)
(Pro Se; Trial Court denied Appellant's Sixth Amendment rights by not
allowing him to represent himself pro se.)
Cooper,
Charles Michael,
COCA Case No. F-2018-830
(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.
Cooper, Harold v. State, COCA Case No. F-2000-1339
(January 18, 2002)
(Double Jeopardy/Double Punishment)
Corder, Linda Kaye v. State, COCA Case No. F-2000-1653
(March 21, 2002)
(Double Jeopardy; Convictions for both manufacturing methamphetamine and
manufacturing a precursor substance violated double jeopardy provisions.)
Cordon, Richard James v. State, COCA Case No. F-2001-668
(November 7, 2002)
(Jury Instructions) Second Degree Murder conviction reversed and remanded
for new trial because the trial court failed to give requested instruction on
exculpatory statements of the defendant.
Coronado, Serapio Penny v. State, COCA Case No.
F-2006-669 (August 29, 2007)
(Restitution) Evidence not offered at trial to determine value of damages.
Remanded with instructions for a proper determination of restitution.
Coronado, Veronica v. State, COCA Case No. F-2002-718
(August 22 2003)
(Search and Seizure) Weapons search without facts to support reasonable
suspicion, violated Fourth Amendment. Reversed with instructions to dismiss.
Copeland, James Lee Jr. v. State, COCA Case No.
F-2009-236
(March 25, 2010)
(Sentence, Excessive) Affirmed but remanded for nunc pro tunc to strike from
the J&S the following language: "the defendant is to serve 85 percent of his
sentence" because attempt offense was not an 85 percent crime.
Coulter, Deshaunte Devon v. State, COCA Case No.
F-2012-721 (October 16,
2013)
(Restitution) Plain error in trial court’s failure to follow the law on
establishing restitution; restitution order vacated and remanded for further
proceedings
Countryman, Steven Dale v. State, COCA Case No.
F-2006-341 (August 7, 2007)
(Ineffective Assistance of Counsel) Trial counsel ineffective for failing to
communicate plea offers to Defendant. Sentences modified
Cosar, Mickey Lee v. State, COCA Case No. F-1999-1652 (July
7, 2000)
(*Drug Court) No written notice of drug court termination hearing as
required by Hagar. * NEW SUBJECT HEADING Recently came to light and
considered to be good subject matter
Cottingham, Terrance,
COCA Case No. F-2017-1294
(May 6, 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.
Coulter, Phillip Scott v. State, COCA Case No. F-2001-378
(June 4, 2002)
(Evidence - Improper Limitation. Trial court's refusal to allow defense
counsel to impeach the prosecutrix by asking about her other sexual activity was
related to the defense strategy, bore directly on her credibility, and was
relevant to show motive or propensity to lie. Reversed and remanded for new
trial.
Cox, Edward D. Jr. v. State, COCA Case No.
F-2004-269 (January 28, 2005)
(Double Jeopardy/Double Punishment) Convictions for both Shooting with Intent to
Kill and Robbery with Firearm based upon one act violate statute against double
punishment. Robbery conviction reversed with instructions to dismiss.
Cox. James Curtis v. State, COCA Case No.
F-2016-55 (January 31, 2017)
(Sentence, Excessive; Evidence, General) Sentences modified to run concurrently
in child sexual abuse case because trial court improperly considered contested
victim impact evidence.
Cox, Najee Jamall v. State, COCA Case No.
MA-2018-987 (November 16, 2018)
(Abuse of Discretion; Fines, Fees and Costs) The court has numerous avenues for
assessing the cost of the transcript to the defendant upon finding he or she is
able to pay the cost of the same, however, cannot delay the filing of an appeal
pending such payment.
Cox, Robert Dewayne v. State, COCA Case No.
M-2013-918
(December 12, 2014)
(Abuse of Discretion) Trial court erred in finding Appellant to be in direct
contempt of court without providing him an opportunity to be heard. Reversed and
remanded.
Cox, Robert Dewayne v. State, COCA Case No.
F-2014-524 (July 9, 2015)
(Double Jeopardy/Double Punishment) Possession of meth and marijuana in single
container cannot support two convictions for simple possession of CDS. Marijuana
possession conviction dismissed.
Crase, Kenneth v. State,
COCA Case No. F-2000-367
(April 19,
2001)
(Evidence, Sufficiency, Manufacturing Methamphetamine, proximity to offense
not sufficient.)
Crase, Kevin v. State, COCA Case No. F-2000-365
(April 19,
2001)
(Evidence, Sufficiency, Manufacturing Methamphetamine, proximity to offense
not sufficient.)
Craighead, Lonnie Waylon v. State, COCA Case No.
F-2013-305 (May 23, 2014)
(Fines, Fees and Costs) Remanded for determination of incarceration fees, which
were not imposed at sentencing but were included by court clerk after submission
at request of sheriff’s office. Appellant had no notice of the request or
opportunity to object.
Crandall, John Kyle v. State, COCA Case No.
F-2017-08 (May 10, 2018)
(Double Jeopardy/Double Punishment) Error to convict for both the crimes of
Knowingly Concealing a Stolen Firearm and being a felon in possession of the
same firearm. The count for knowingly concealing stolen property reversed and
remanded with instructions to dismiss.
Crawford, Bradley Allen v. State, COCA Case No.
M-2003-784 (May 12, 2004)
(Evidence, General) Conviction for stalking reversed and remanded for new trial
because trial court refused to allow defense to present evidence of bias and
motive to testify on part of complaining witness.
Crawley, Michael Ray v. State, COCA Case No.
F-2017-153 (August 30, 2018)
(Evidence, Sufficiency; Abuse of Discretion) Error to exclude alternative
suspect’s purported confession that he was driving when the victim was killed.
Counts for felony murder and eluding a police officer reversed and remanded for
new trial.
Creller, Chester Sr. v. State, COCA Case No. F-2001-962
(September 20, 2002)
(Double Jeopardy/Double Punishment.) Convictions for both 1st Degree Rape
and Incest arising from a single act violated Section 11.
*Crews, Lori Pamela v. State, COCA Case No.
PR-2006-120 (April 18, 2006)
(Guilty Pleas; Abuse of Discretion) Defendant’s Writ of Prohibition/Mandamus
Granted in Part and Denied in Part. While district court had statutory authority
to reject the nolo contendere plea on one count, it had no authority to
prevent defendant from entering blind plea of guilty to other count. Defendants
have a clear and unilateral right to enter a blind or a negotiated plea of
guilty.
* From past and not an opinion but perceived to be very helpful.
Crews, Richard Val v. State, COCA Case No.
F-2002-1454 (March 25, 2004)
(Jury Instructions - Misleading/Confusing) Appellant improperly convicted of an
act that is not a crime; possession of a firearm without proving the After
Former Conviction element of offense. Reversed for new trial.
Crider, Benjamin v. State, COCA Case No. F-1999-1422,
(Oct. 11, 2001)
(Evidence, Expert Testimony, Bitemark, Luminol)
Crittenden, Sidney v. State, COCA Case No. F-2000-152 (April 17, 2001)
(Evidence, Sufficiency, Lewd Molestation, multiple counts)
Cruz-Brizuela, Jacinto Ingacio v. State, COCA Case No.F-2014-279
(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.
Cruz, Jamie v. State, COCA Case No.
F-2007-200 (June
5, 2008)
(Sentence, Excessive; Jury Instructions, Misleading/Confusing) Failure to
properly instruct on range of punishment is plain error warranting relief. Court
found that Section 1123 controlled over Section 51.1. Remanded for resentencing.
Cruz, Santos Ramon v. State, COCA Case No.
F-2011-671 (February 20, 2013)
(Sentence, Excessive) Remanded for nunc pro tunc so that J&S reflects credit
for time served.
-D-
Dage, Daniel Ross v. State, COCA Case No.
F-2018-690 (October 10, 2019)
(Abuse of Discretion; Bench Trial) Record did not show right to jury trial was
knowingly and voluntarily waived. Reversed and remanded for a jury trial.
Dahl, Earl Andrew Jr. v. State, COCA Case No.
F-2005-1282 (February 6, 2007)
(Sentence, Excessive) Remanded for resentencing under Anderson rule requiring
instruction on the 85 percent rule.
Dan, Melvin Edward v. State, COCA Case No.
F-2011-1047 (February 25, 2013)
(Evidence, Sufficiency) Evidence was insufficient to prove that defendant
had been adjudicated delinquent on a charge that would have been a felony if
prosecuted as an adult. Thus count for possession of firearm after adjudication
as defined by statute was not proven and dismissed.
Dang, Nhanh Van and Nguyen, Nhi Thi v. State, COCA Case No.
S-2012-214 (August 13, 2012)
(State Appeals) Stop of vehicle not supported by reasonable suspicion.
Suppression of evidence affirmed.
Daniel, Alfonzo v. State,
COCA Case No.
F-2004-773
(January 22, 2006)
(Evidence, General) Trial court erred in admitting videotaped interview of
Appellant already found to be inadmissible by Federal Court. Reversed and
remanded for new trial.
Daniels, Edwin Jermaine v. State, COCA Case No.
F-2014-3 (May 26, 2015)
(Jury Instructions, Misleading/Confusing; Fines, Fees and Costs) Jury
erroneously instructed that a $10,000 fine on multiple counts was mandatory.
$130,000 in fines vacated.
Daniels, Kadrian v. State, COCA Case No.
F-2016-562 (October 12, 2017)
(Sentence, Excessive; Jury Instructions, Misleading/Confusing) Jury incorrectly
instructed that fine was mandatory. Fine vacated.
Danley, Travis Lee v. State, COCA Case No.
F-2010-203 (February 9, 2012)
(Evidence, Sufficiency) Insufficient evidence presented as to value of
property taken. Conviction modified to petit larceny, sentence modified to 6
months.
Darton, James Earl v. State, COCA Case No.
F-2013-11 (March 12, 2014)
(Sentence, Excessive; Jury Instructions, Misleading/Confusing) Ten year sentence
for Domestic A&B was modified to the statutory maximum; jury misinstructed on
enhancement for offense.
Daubert, Jerry Edward v. State, COCA Case No.
F-2012-26 (January 31, 2013)
(Sentence, Excessive) Remanded for nunc pro tunc so that J&S reflects that
sentences were ordered to run concurrently.
Daughrity, Shihee Hason v. State, COCA Case No. F-2001-230
(March 27, 2002)
(Insufficient Evidence, Jury Instructions–Misleading/Confusing;
Insufficient evidence to sustain a conviction for false personation.)
Davenport, Heather v. State, COCA Case No. F-2000-213 (Feb. 9, 2001)
(Evidence, Sufficiency, Guilty Knowledge, carrying CDS into jail)
Davis, Bryce Andrew v. State, COCA Case No.
F-2012-212
(December 7, 2012)
(Restitution; Abuse of Discretion) Trial court abused discretion in
assessing $30,528.43 restitution; $20,383 of which was for medical expenses, the
total value billed by service providers, prior to being written down by
insurer’s contract and prior to insurance payment. Actual medical expenses paid
by the victim was $2,267, which trial court had authority to triple. Trial court
further abused discretion in ordering $3,076 in lost wages, when the State
failed to establish this by preponderance of evidence. Evidence re: restitution
of $5,000 for future medical expenses was too speculative and also stricken.
Remanded for Modification.
Davis,
Donta Keith, COCA Case No.
F-2019-420 (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.
Davis, Eric Jackson v. State, COCA Case No. F-2001-999
(October 18, 2002)
(Evidence - Sufficiency; Sentence - Excessive) One count of rape reversed
and remanded with instructions to dismiss due to insufficient evidence;
remaining counts affirmed but remanded for resentencing because the trial court
refused to consider all sentencing options (i.e. concurrent sentences).
Davis, Jason Lee v. State, COCA Case No.
M-2005-0404
(September 1, 2006)
(Pro Se) Convictions reversed and remanded for new trial for lack of a
record that waiver of counsel was made knowingly and voluntarily.
Davis, Robert Glenn v. State, COCA Case No.
F-2005-901 (December 8, 2006)
(Sentence, Excessive; Jury Instructions, Other) Court erred in failing to
instruct on the 85% Rule under Anderson. Sentence modified.
Davis, Tamara Marine v. State, COCA Case No.
F-2005-1193 (March 27, 2007)
(Sentence, Excessive) Sentence modified for Accessory to Murder under the
"shock the conscience" standard.
Davison, Alonzo Gabriel v. State, COCA Case No.
F-2002-1437 (April 28, 2004)
(Evidence, General) Videotaped interview of child improperly admitted into
evidence. Sentences modified.
Dawkins, Michael Ray,
COCA Case
No. F-2021-211 (June 30, 2022)
(Direct; Double Jeopardy; Double Punishment) Double punishment found for both
Assault and Battery with Deadly Weapon and Maiming from a single act of
shooting. Maiming, 45 year sentence, reversed with instructions to dismiss.
Day, Chavis Lenard v. State, COCA Case No.
F-2007-526 (November 19, 2008)
(Sentencing) 85% Rule does not apply to attempted robbery offenses
Dean, Albert Elden v. State, COCA Case No. F-2000-948
(June 7, 2001)
(Evidence, Improper Rebuttal)
Dean, Jr., Arnold v. State, COCA Case No. PR-99-1326,
(Jan. 14, 2000)
(Double Jeopardy, Mistrial, No Manifest Necessity)
Delaney, Bryan Thomas v. State, COCA Case No.
F-2013-732 (February 19, 2015)
(Sentence, Excessive) Plain error to sentence to two-year term of
post-imprisonment supervision. Sentence modified to one year post-imprisonment
supervision.
DeLeon, Tomas, COCA Case No.
F-2003-959 (November 24, 2004)
(Sentence, Excessive) Affirmed, but the trial court’s notation "Special
Condition - No good time" under the special rules and conditions of probation
portion of the Judgment and Sentence were stricken as it exceeded the trial
court’ s authority.
DeMoss, William Michael v. State, COCA Case No.
F-20-466 (August 30, 2011)
(Fines, Fees and Costs; Jury Instructions, Misleading/Confusing) Fines
vacated because jurors were misinstructed that fines were mandatory, when in
fact fines were optional.
Despain, Gregory v. State, COCA Case No. F-1998-761,
(July 16, 1999)
(Evidence, Other Crimes, Improper)
Detrick, Jay v. State, COCA Case No. F-1999-311,
(Feb. 14, 2000)
(Sentence, Excessive, First Degree Rape)
Devers, James Lorenzo v. State, COCA Case No.
F-2003-1278 (January 31, 2005)
(Fines, Fees and Costs) Fines modified because state mixed punishment provisions
from different statutes.
Diaz, Cesar (aka Jorge Limon) v. State, COCA Case No. F-2001-529
(October 22, 2002)
(Evidence - Sufficiency) State failed to prove venue with respect to the
charges of Using a Communication Facility to Facilitate the Commission of a
Felony (using a cell phone to traffic in drugs). State did not prove the subject
calls were made or received in Oklahoma County.
Dickey, Timmy Howard v. State, COCA Case No.
F-2011-1019 (April 24, 2013)
(Sentencing) Judgment and Sentence modified to incest instead of child
sexual abuse, where no evidence that uncle was person "responsible for health,
safety or welfare" of niece.
Dickson, John Wesley v. State, COCA Case No. F-2001-1445
(November 5, 2002)
(Prosecutorial Misconduct) Possession of CDS AFC affirmed but sentence
modified from 40 years to 20 years. Prosecutor's improper argument stating his
opinion of the appropriate sentence improperly influenced the jury's sentencing
decision.
Dimaggio, Jr., Jason Kenneth v. State, COCA Case No.
F-2011-656 (November 1,
2012)
(Double Jeopardy/Double Punishment) Count for possession of oxycodone
dismissed because it was inseparable from the completed robbery in which the
drug was demanded.
Dinkins, Raynard Emory v. State, COCA Case No.
S-2005-1250 (September 19, 2006)
(Search & Seizure) Court rejected the State’s argument that the trial judge
erred in granting the motion to suppress.
Dinkins, Ronald Alvis v. State, COCA Case No.
F-2010-548 (May 23, 2012)
(Pro Se) Appellant not properly warned by the district court of the
dangers of self-representation. Reversed and remanded for new trial.
Dixon, Kedrin Ray,
COCA Case No. F-2019-310 (Dec. 10,
2020) (Jury Instructions, Misleading / Sentence, Excessive) Sentence for sexual
battery afc modified
from 20
years to 10 years because jury was erroneously instructed on the range of
punishment.
Dixon, Toni Lisa v. State, COCA Case No.
F-2003-1401 (September 7, 2004)
(Evidence, Sufficiency) Judgment modified from felony DUI to misdemeanor DUI
because evidence insufficient to prove prior conviction. Fine modified because
it exceeded the statutory maximum.
Dodson, Kelsey Danielle v. State, COCA Case No.
F-2010-422 (June 21, 2011)
(Fines, Fees and Costs) Fine imposed by judge (but not jury) stricken. Court
Fund fee vacated; Victim Compensation Assessment remanded for appropriate
hearing.
Dodson, Wesley Wayne v. State, COCA Case No.
F-2005-97 (October 4, 2006)
(Due Process; 6th Amendment; Evidence, Vouching) Trial court
erred in failing to excuse a biased juror for cause; and in not making specific
findings regarding reliability of victim’s hearsay statements under 2803.1.
Witness impermissibly vouched for victims. Reversed and remanded for new trial.
Dority, Deaundrae Lance v. State, COCA Case No.
F-2004-0328 (July 13, 2005)
(Revocation/Acceleration Decisions) Acceleration hearing held without defense
counsel. The record did not support valid waiver of the right to counsel.
Reversed and remanded.
Dorr, Donald & Tanya v. State, COCA Case No.
F-2007-616
(September 19, 2008)
(Search and Seizure) After aerial observation, law enforcement went onto
defendants' property without a warrant and found marijuana growing. State did
not present any evidence to show necessity or exigent circumstance. Reversed and
dismissed.
Dorsey, Michael Wayne v. State, COCA Case No.
F-2011-693
(July 9, 2013)
(Fines, Fees and Costs) Trial court erred in imposing $5,000 VCA without holding
a proper hearing. Vacated and remanded for hearing.
Doshier, Roy Dale v. State, COCA Case No.
F-2016-461 (June 22, 2017)
(Fines, Fees and Costs) Assessment of $250 OIDS fee vacated. Public defender
appointed but never entered an appearance because counsel was retained.
Dotson, Kent R. v. State, COCA Case No.
F-2013-801 (August 13, 2014)
(Sentence, Excessive) Term of post-imprisonment supervision modified because it
exceeded the statutory maximum.
Douglas, Michael Jr. v. State, COCA No. F-99-558,
(
July 6, 2000)
(Jury Instructions, Flight Instruction)
Dowdy, Emily v. State, COCA Case No. F-2001-171
(May 31, 2002)
(Jury Instructions, Theory of Defense. Court's pretrial decision to prohibit
involuntary intoxication defense and jury instructions was error, prejudicial,
and denied Appellant of a fundamentally fair trial. Reversed and remanded for
new trial.)
Dowdy, Emily Michelle v. State, COCA Case No.
F-2004-427
(January 26, 2007)
(Evidence, General; Sentencing, Excessive) Error for trial court to admit
prejudicial hearsay evidence. Sentence modified.
Dowdy, Lloyd v. State, COCA Case No. F-1999-1265,
(Sept. 28, 2000)
(Incarceration Fees, Procedure)
Downey, Billy Mack v. State, COCA Case No. F-2001-106
(August 14, 2002)
(Evidence-General; Prosecutorial Misconduct; Jury
Instructions-Misleading/Confusing.) Victim impact evidence inadmissible in the
guilt/innocence stage. Trial court erred in excluding evidence based on the Rule
of Sequestration. Newly discovered evidence was material and not cumulative.
State should not have been allowed to impeach a defense witness with a deferred
judgment. Trial court's "supplemental instructions" increased juror
confusion. Jury should have been instructed that co-defendants were accomplices
as a matter of law. Reversed and Remanded for a New Trial.
Doyle, Leslie v. State, COCA Case No.
S-2009-719 (March 22,
2010)
(State Appeals; Statute of Limitations) Enhancement of DUI based on prior
DUI requires the conviction to have occurred within the 10-year window.
Doza, Russell Andrew v. State, COCA Case No. F-2002-809
(August 15, 2003)
(Search and Seizure) Police officer may not conduct a consensual search
outside his jurisdiction under color of law. Reversed and remanded with
instructions to dismiss.
Drennon, III, L.V. v. State, COCA Case No.
F-2007-1253 (December 11, 2008)
(Jury Instructions, Misleading/Confusing; Sentencing) Jury instructions
incorrectly set forth the range of punishment. Sentence modified.
Drew, William Earl v. State, COCA Case No.
F-2005-651 (July 14, 2006) (Sentence,
Excessive; Jury Instructions, Other) Plain error occurred when trial court
failed to instruct on the 85% rule. Sentences modified.
Dubiel, John v. State, COCA Case No. F-2000-1427,
(Sept. 5, 2001)
(Double Jeopardy/Double Punishment, Bogus checks)
Dueitt, Kenneth Lee v. State, COCA Case No. F-2002-157
(April 1, 2003)
(Double Jeopardy; Variance) Convictions for manufacturing methamphetamine
and possession of precursor violated Double Jeopardy/Double Punishment. Also,
variance between charge made in Information, and the evidence or theory
presented at trial deprived Appellant of adequate notice of what he had to
defend against. Conviction for possession of precursor, Count 2,
reversed and dismissed. (Ruling clarified on rehearing.)
Dumas, Shilow Lynn,
COCA Case No.
F-2019-950 (October 21, 2021)
(Direct; Excessive Sentence) Affirming conviction but vacating $1,000 fine.
Since jury didn’t return a fine with the verdict, it was improper for the Judge
to order a fine.
Duncan, Marty Spence v. State, COCA Case No.
M-2016-108 (August 10, 2017)
(Due Process) Reversed and remanded for new trial due to inadequate record to
show wa
Duncan, Tony Neal v. State, COCA Case No.
F-2005-320
(July 11, 2006) (Sixth Amendment) Use of preliminary hearing transcript
at trial, without showing that witness was unavailable, violated confrontation
clause. Reversed for new trial.
Dunham, Kimberli
Sue, COCA Case
No. F-2019-149 (Oct. 8, 2020)
(Drug Court) Drug Court termination affirmed, but case remanded to advise
defendant re: right to
move to withdraw pleas.
Dunivan, Timothy Mark v. State, COCA Case No.
F-2005-232 (July 25, 2006) (Statute
of Limitations) Two counts of physical child abuse reversed with instructions to
dismiss because statute of limitations had expired prior to filing of charges.
Dykes, Russell Dewayne. v. State, COCA Case No. F-2002-1035
(September 12, 2003)
(Sentence - Excessive) Sentences exceeded the maximum term allowed by
statute.
-E, F-
Easton, Candy Mae v. State, COCA Case No.
F-2004-729 (September 26, 2005)
(Evidence, Sufficiency) Presence and knowledge of meth activity on site is not
sufficient to prove guilt of aiding and abetting manufacturing. Reversed with
instructions to dismiss.
Eddy, Roger Allen Jr. v. State, COCA Case No. F-2001-336
(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.)
Edwards, Bennie Jay Jr. v. State, COCA Case No. F-2002-869
(July 29, 2003)
(Jury Instructions - Misleading/Confusing) Plain error for trial judge
to fail to properly instruct on the range of punishment. Judgment affirmed but
sentence modified from 30 years to 10 years imprisonment.
Edwards, Kendall Wayne v. State, COCA Case No.
PC-2015-6 (December 3, 2015)
(Post Conviction, Newly Discovered Evidence) District Court Order granting post
conviction relief affirmed. Judgment and sentence vacated and remanded for a new
trial.
Eidson, Christopher D. v. State, COCA Case No.
M-2005-0332 (March 24, 2006)
(Evidence, Sufficiency) Reckless Driving conviction modified to Speeding.
"Potential" for an accident is not enough to support conviction for reckless
driving.
Elkins, Terry Lyn v. State, COCA Case No.
F-2017-950 (February 7, 2019)
(Evidence, General; Sentence, Excessive) Remanded for re-sentencing after
presentation and admission of improper and irrelevant evidence.
Ellis, Antonio v. State, COCA Case No. MA-2000-1022
, (Oct. 4, 2000)
(Recusal, Trial Court, appearance of impropriety)
Ellis, Bobby M. v. State, COCA Case No.
F-2006-826
(October 12, 2007)
(Double Jeopardy/Double Punishment) Two counts of Preparing Child
Pornography for a single videotape violated prohibition against double jeopardy.
One count vacated with instructions to dismiss.
El Mansouri, El Alami v. State, COCA Case No.
F-2003-364 (May 11, 2004)
(Double Jeopardy/ Double Punishment) Convictions for both attempted robbery and
kidnapping of one victim; and kidnapping and pointing a weapon at another victim
violate prohibitions against double punishment/double jeopardy. Two counts
dismissed.
Ennis, Ricky Nolan v. State, COCA Case No.
F-2015-909 (October 19, 2017)
(Restitution) Trial court failed to require proof of actual loss to support
restitution order. Remanded for proper resitution determination.
Epperson,
Bea Ann,
COCA Case No. F-2017-336 (April 8,
2021)
(Direct/McGirt/Cherokee Nation) 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 Appellant 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.
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.
Evans, Kelly Dallas v. State, COCA Case No.
F-2004-110 (August 9, 2005)
(Fines, Fees and Costs) Statute defining crime of possession of burglary tools
does not provide for a fine. Fine modified to maximum for misdemeanor offense.
Evans Jr., Robert v. State, COCA Case No. F-97-1215
, (Jan. 20, 2000)
(Jury Instructions, Lesser Offenses, Child abuse murder)
Evans, Marvis v. State, COCA Case No.
F-2007-848 (December 19, 2008)
(Double Jeopardy/ Double Punishment; Sentence, Excessive) Simultaneous
convictions for robbery with firearms and pointing a firearm violated
prohibition against double punishment.
Evans, Rodney Dennis v. State, COCA Case No.
F-2008-1066
(March 11, 2010)
(Jury Instructions, Misleading/Confusing; Sentence, Excessive) Trial court
misinstructed jury on minimum sentence. Sentence modified.
Ezell, James Rickey v. State, COCA Case No. F-2000-1543
(January 11, 2002)
(Ineffective Assistance of Counsel)
Ezell, James Ricky III v. State, COCA Case No. F-2001-637
(June 13, 2002)
(Abuse of discretion for the trial court to have a policy of ordering
sentences to run consecutive without considering concurrent sentences. Remanded
for resentencing.)
Fairley, Ganey Marques v. State, COCA Case No.
F-2017-1215 (December 5, 2019)
(Prosecutorial Misconduct; Abuse of Discretion) Evidence of prior abuse
allegation presented to jury solely through prosecution’s cross-examination was
more prejudicial than probative. Remanded for resentencing.
Fajardo, Eduardo Rivera. v. State, COCA Case No.
F-2007-690 (July 24, 2008)
(Prosecutorial Misconduct; Sentence, Excessive) Prosecutorial misconduct and
erroneous combination of sentencing options required modification of sentence.
Fajardo, Jose v. State, COCA Case No. F-2001-1506 (November
18, 2002)
(Prosecutorial Misconduct - "Special Advocate" ) Trial Court
committed reversible error and violated Appellant's right to due process when it
allowed a "special advocate" for the victim to participate in the
trial. There is no statutory authority for the appointment of special advocate
in a lewd molestation/indecent proposal case. Fundamental error when advocate
cross examined witnesses and took an active and adversarial role. Reversed and
remanded for new trial.
Farino, Donald Wayne v. State, COCA Case No.
M-2014-235 (April 3, 2015)
Due Process) Reversed and remanded for new trial because no record of a valid
waiver of the right to jury trial.
Fears, Daniel Hawkes v. State, COCA Case No.
F-2004-1279 (July 7, 2006)
(Evidence,
Sufficiency; Jury Instructions, Other; Prosecutorial Misconduct) Juries should
be instructed on consequences of verdict of not guilty by reason of insanity.
Prosecutorial misconduct occurred in mis-characterization of expert testimony,
injection of prosecutor opinion, and pleas for sympathy for victims. State
failed to rebut defendant’s claim of insanity beyond a reasonable doubt.
Reversed and remanded for an entry of verdict of Not Guilty by Reason of
Insanity
Fears. Daniel Hawkes v. State, COCA Case No.
F-2004-1279 (January 26, 2007)
(Double Jeopardy; Evidence, Sufficiency) Court upheld earlier ruling
reversing Murder I conviction because State failed to prove defendant was sane
at the time of the offense. Double Jeopardy principles warranted reversal with
instructions to enter verdict of not guilty by reason of insanity.
Ferrell, Robert C. v. State, COCA Case No.
F-2008-1016 (October 22, 2009)
(Fines, Fees and Costs) Costs and fees ordered on counts for which client
was acquitted were vacated, to be corrected Nunc Pro Tunc
Ferrante, Riccardo Gino v. State, COCA Case No.
S-2007-31 (March 7, 2008)
(Statutory Construction) Court affirms district court ruling granting motion
to quash. Defendant charged with peeping tom, for situating a camera under a
customer’s skirt at a discount store and taking photographs. Plain language of
the statute did not contemplate the defendant’s conduct, and Court finds it is
not the province of the court to enlarge the scope of the statute.
Fields, Charles Arnold v. State, COCA Case No.
F-2005-1094 (March 28, 2007)
(Pro Se) Error when trial court failed to advise of dangers of proceeding
pro se, when defendant fired counsel on day of trial. Reversed and remanded for
new trial.
Fields, Derrick Andre v. State, COCA Case No.
F-2009-466 (April 2, 2010)
(Sentence, Abuse of Discretion) District Court cannot deviate from jury
assessment. Remanded for resentencing
Fields, Jimmy Lee v. State, COCA Case No.
RE-2015-765 (October 11, 2016)
(Revocation/Acceleration Decisions; Sentence, Excessive) Affirmed but remanded
for correction to eliminate language reflecting imposition of post-incarceration
supervision, which was not part of original sentence, nor part of the oral
pronouncement at the revocation hearing.
Fike, John Carl v. State, COCA Case No.
F-2003-816 (December 16, 2004)
(Double Jeopardy/Double Punishment) Convictions for Possession of both cocaine
and methamphetamine constituted double jeopardy. Methamphetamine conviction
reversed with instructions to dismiss.
Filion, Jason v. State,
COCA No. F-99-559,
(
June 30, 2000)
(Jury Instructions, Lesser Offenses, Failure to Give Requested Instruction)
Finley, Felix IV v. State, COCA Case No.
F-2004-682 (May 1, 2006) (Sentence,
Excessive; Jury Instructions, Other) Court erred in failing to instruct on the
85% Rule under Anderson. Remanded for resentencing.
Fire, Brian Wheatley v. State,
COCA Case No. F-2002-548
(August 6, 2003)
(Prosecutorial Misconduct; Evidence - Vouching) Social worker improperly
vouched for credibility of victim. Prosecutor repeatedly impeached Appellant
with his post-arrest silence. Reversed and remanded for new trial.
Fleming, David Lynn v. State, COCA Case No.
F-2012-1014 (February 11, 2014)
(Sentence, Excessive; Prosecutorial Misconduct) Sending unredacted judgments and
sentences to the jury was error. Sentence modified to 30 years.
Flippence, Amy Marie v. State, COCA Case No.
F-2003-772 (January 7, 2005)
(6th Amendment; Information, Defective) Introduction of co-defendant’s
out-of-court statements violated 6th Amendment and required a new trial on one
count. Three other convictions were reversed with instructions to dismiss
because statute did not exist at the time the alleged act occurred.
Flowers, Andruss Lee v. State, COCA Case No.
F-2006-1242 (January 15, 2008)
(Evidence, Sufficiency; Sentence, Excessive) Evidence of drug quantity
possessed insufficient to support trafficking. Conviction modified to lesser
offense of Possession with Intent to Distribute. Sentence modified.
Flowers, Edward Jiles v. State, COCA Case No. F-2001-412
(June 24, 2002)
(Admission of other crimes evidence prejudiced the jury and deprived
Appellant of a fair trial. Reversed and remanded for a new trial.)
Flowers, Henry C. Jr. v. State, COCA Case No.
F-2002-1428 (January 8, 2004)
(*Sentence - Abuse of Discretion) Trial court’s mistaken impression that it was
without authority to run sentence concurrently with another sentence that had
been previously imposed constituted an abuse of discretion. Remanded for
resentencing.
Flynn, Steven Allen Jr. v. State, COCA Case No.
F-2006-1168
(February 6, 2008)
(Evidence, Sufficiency; Double Jeopardy/Double Punishment) Murder 2 modified
to Manslaughter 1 and sentence modified because of insufficient evidence nexus
between felony alleged for felony murder and the death of the victim. Also,
separate convictions for possessing two types of CDS violated double punishment
provision.
Fomby, Charles Clifton v. State, COCA Case No.
F-2005-855 (August 14, 2006)
(Evidence, Other Crimes; Sentencing; Prosecutorial Misconduct) Error in
modifying OUJI-CR 10-21 to include the amount of time defendant served on prior
convictions, together with prosecutorial misconduct, required modification of
sentences from 60 years on two counts, consecutive, to 30 years on each count,
concurrent.
Ford, Frank v. State, COCA Case No. M-2000-230
(January 8, 2001)
(Sentence, cannot impose more than jury verdict)
Forsyth, Kyle Robert,
COCA Case
No. F-2021-785 (August 25, 2022)
(Direct; Sentencing) Affirmed but remanded for hearing to determine whether
trial court erred in denying credit for time served.
Fox,
Dakota Shay,
COCA Case No. F-2019-196 (April 29,
2021)
(Direct/McGirt/Choctaw Nation) The Court found that the Choctaw Nation is a
federally recognized tribe and that the crime occurred within the Choctaw Nation
Reservation. They also found that Appellant had Choctaw 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.
Fox, Scott Lee v. State, COCA Case No. F-2002-492 (May 20,
2003)
(Evidence - Sufficiency) Trial evidence insufficient to support conviction
for Injury to Minor Child because it failed to exclude every reasonable
hypothesis except that of Appellant's guilt. One count reversed and dismissed.
Francis, Rollie Mack v. State, COCA Case No.
F-2005-1176 (August 28, 2006)
(Jury Instructions, Misleading/Confusing) Error in instruction on range of
punishment for one count required modification (from one year and a $500 fine,
to just the $500 fine)
Franco, David v. State, COCA Case No.
S-2011-0023 (October 17, 2011)
(State Appeals) State appealed magistrate’s ruling sustaining demurrers to 2
counts of using vehicle in discharge of weapon. Magistrate’s ruling was upheld
by the district court. State failed to show an abuse of discretion..
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.
-G-
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 1st
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.
-H-
Haas, Sammy Dewain v. State, COCA Case No. F-2001-785 (June 5, 2002)
(Sentence. Trial court directed to modify the Court's Minute to show that
Appellant's sentences were ordered to run concurrently.)
Hailey, Herbert Edsel, II v. State, COCA Case No.
F-2003-802 (December 3, 2004)
(Information, Defective; Sentence, Excessive) Sexual Exploitation count (Life
sentence) reversed and dismissed because statute defining crime did not exist at
the time the acts were committed. Possessing Obscene Material count modified to
lesser crime and sentence modified from 20 years and $25,000 fine to 5 years and
$5,000 fine because charged under a general statute rather than a specific
statute. Three other sentences modified because the sentences imposed exceeded
the statutory maximum.
Hall, Garrick
v. State, COCA Case No. F-1999-1414,
(Sept. 11, 2000)
(Restitution, Procedure)
Hall, Roy Lee v. State, COCA Case No.
F-2009-563 (September 21, 2010)
(Jury Instructions, Misleading/Confusing; Fines, Fees and Costs) Jury was
erroneously instructed as to the appropriate fine. Fine modified from $25,000 to
$10,000.
Hamilton, Wendell v. State,
COCA Case No.
F-2003-1259
(November 7, 2003)
(Sentence - Excessive) Trial court’s decision to run 11 life sentences
consecutively shocks the conscience of the court. Sentences modified to run
concurrently.
Hammonds, Bonnie K. v. State, COCA Case No. F-1999-711,
(April 25, 2000)
(Bench Trial, error in waiver of jury trial without counsel present)
Hammons, Justin Lynn v. State, COCA Case No.
F-2004-1277 (June 29, 2006)
(Jury
Deliberations) Error occurred when trial court communicated with jury foreman
rather than entire jury concerning question of unanimity requirement for a
particular count. Count reversed under Title 22, Section 894.
Hampton, Bruce v. State, COCA Case No. F-1999-710,
(Feb. 11, 2000)
(Sentence Enhancement, error in combining drug and habitual offender
provisions)
Hampton Jr., Glen v. State, COCA Case No. F-2000-1062
, (Sept. 21, 2001)
(Double Jeopardy/Double Punishment, pointing firearm & possessing
firearm)
Hargrove, Steven Randel v. State, COCA Case No.
F-2004-666 (June 8, 2005)
(Ineffective Assistance of Counsel) Details of prior offenses improperly
admitted. Counsel’s failure to seek exclusion of this information constituted
deficient performance and the imposition of the maximum sentence might have been
influenced by this information. Sentence modified.
Harjo, Jonathan Dwight v. State, COCA Case No.
F-2004-1261 (May 16, 2006)
(Sentence, Excessive; Jury Instructions, Other) Court erred in failing to
instruct on the 85% Rule under Anderson. Sentences modified.
Harjo,
Joseph Stanley,
COCA Case No. F-2017-889 (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. They also found that Appellant is 1/4th degree
Indian blood and is an enrolled member of 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.
Harris, Andrew Lee v. State, COCA Case No.
F-2012-916 (July 29, 2013)
(Sentence, Excessive; Evidence, Other Crimes; Due Process) Improper evidence and
argument concerning probation deprived defendant of due process rights to a fair
jury sentencing. Sentence modified.
Harris, Brandon Donell v. State, COCA Case No.
F-2007-381 (May 15, 2008)
(Jury Instructions, Misleading/Confusing) Count of Lewd or Indecent Proposal
to Minor reversed with instructions to dismiss. Misinstruction of jury led to
erroneous conviction.
Harris, John Henry v. State, COCA Case No. F-2001-609
(May 14, 2002)
(Search & Seizure. Entry into residence where Appellant was arrested was
in violation of Fourth & Fourteenth amendments. Sufficient exigent
circumstances did not exist to sustain warrantless entry. Reversed with
Instructions to Dismiss.)
Harrison, Erica Lashon v. State, COCA Case No.
F-2015-121 (April 19, 2016)
(Due Process) Character evidence improperly introduced during State’s rebuttal
by calling Appellant to testify over her objection. Remanded for resentencing.
Hastings, Clarence v. State, COCA Case No. F-1998-316,
(July 20, 1999)
(Evidence, Other Crimes, improperly admitted)
Hathcock, Anthony John v. State, COCA Case No.
F-2002-1481 (February 3, 2004)
(Pro Se; Revocation/Acceleration) Defendant appeared pro se without a knowing
and voluntary waiver of right to counsel. Acceleration reversed for new hearing.
Haunschild, Rick v. State, COCA Case No. F-2000-740,
(July 6, 2001)
(Evidence, Sufficiency, Escape from Private Prison)
Hayes, Charles Randall v. State, COCA Case No.
F-2018-175 (October 31, 2019)
(Double Jeopardy / Double Punishment) Convictions for both manslaughter while
driving under the influence of drugs and misdemeanor driving while under the
influence of drugs violate prohibition against double jeopardy. Misdemeanor
conviction reversed and remanded with instructions to dismiss.
Hayes, Robert Dewayne III v. State, COCA Case No.
F-2007-340
(October 24, 2008)
(Double Jeopardy/ Double Punishment) Convictions for both felony murder and
the underlying felony of shooting with intent to kill violated Section 11
prohibition against double punishment. Count for Shooting with Intent to Kill
dismissed.
Hayner, Morton D. v. State, COCA Case No.
F-2005-314
(May 1, 2006)
(Evidence, Sufficiency) Evidence insufficient to support unlawful manufacture of
methamphetamine. Judgment modified to attempted unlawful manufacture of
methamphetamine.
Hawkins, Gavin Lee v. State, COCA Case No. F-2001-264
(May 17, 2002)
(Prosecutorial Misconduct. Twenty year sentence for lewd molestation
modified to ten years by reason of an improper prosecutorial closing argument.)
Hawks, Loretta Marjorie v. State, COCA Case No.
F-2014-764 (April 5, 2016)
(Evidence, Sufficiency; Due Process; Jury Instructions, Misleading/Confusing)
Error in Aiding and Abetting instructions. Reversed and remanded for new trial.
Heard, David Glen v. State, COCA Case No.
F-2014-478 (September 3, 2015)
(Sentence, Excessive) Order for post imprisonment supervision remanded to be
vacated because crime committed before that provision was enacted.
Helms, Jack Leroy v. State, COCA Case No. F-2002-552
(June 10, 2003)
(Statutory Construction) Offense of simple possession of child pornography
should have been prosecuted under the specific law, rather than the general
statute that covers the more serious offense of manufacturing and distributing
child pornography. Sentence modified from 15 years to 2 years.
Henderson, Sahib Quietman v. State, COCA Case No. F-2001-1338
(September 17, 2002)
(Double Jeopardy/Double Punishment.) Convictions for both Conspiracy to
Distribute CDS and Distribution of CDS based on the same facts violated Section
11.
Hennesy, Jerome Wade v. State, COCA Case No. F-2001-873
(July 12, 2002)
(Evidence- Other Crimes. Improper admission of other crimes evidence was
prejudicial and rose to the level of plain error. Reversed for New Trial.)
Herndon, Phillip Ray v. State, COCA Case No.
F-2009-70 (November 3, 2009)
(Sentence, Excessive) Judgment and Sentence did not reflect order to be
served concurrently as ordered by trial court. Remanded for correction.
Hervey, Steven Dewayne v. State, COCA Case No.
F-2008-127 (May 11, 2009)
(Drug Court; Sentence, Excessive) Termination affirmed. Remanded for
District Court to vacate termination and imposition of J&S for one of the counts
that had been dismissed in the plea negotiations.
Hester, Ricky Dale v. State, COCA Case No.
F-2006-469 (December 13, 2007)
(Evidence, Sufficiency) Conviction for kidnapping reversed with instructions
to dismiss because of insufficient evidence of intent to extort money or
property.
Hibdon, William D. v. State, COCA Case No.
F-2008-1043 (December 4, 2009)
(Search and Seizure; Evidence, General; Sentence, Excessive) Trial court
should have sustained motion to suppress; public safety exigent circumstances
did not exist. Reversed and remanded for further proceedings.
Hicks, Shaynathian Rashaud v. State,
COCA Case No.
F-2005-1058 (March 26, 2007)
(Evidence, Sufficiency) Count of Indecent Exposure "reversed and dismissed"
because State failed to present sufficient evidence that the inappropriate act
of urinating (in a public place) was done "lewdly."
Hightower, Corey Antwonne v. State, COCA Case No.
F-2007-102 (May 16, 2008)
(Evidence, Other Crimes; Jury Instructions, Misleading/Confusing) Failure to
give limiting instructions on other crimes evidence amounted to plain error. One
count reversed and remanded for new trial.
Hightower, Carrol Gene v. State, COCA Case No.
F-2003-278 (October 7, 2004)
(Double Jeopardy/ Double Punishment) Convictions for both possessing marijuana
with the intent to distribute and maintaining a dwelling house used for the
keeping of marijuana do not withstand double punishment analysis.
Hildebrandt, Christopher Michael v. State, COCA Case No.
F-2017-599 (June 28, 2018)
(Fines, Fees, and Costs) Remanded for order to vacate illegal imposition of
prosecution reimbursement costs.
Hodges, Michael Alan v. State, COCA Case No.
F-2004-1216 (August 12, 2005)
(Fines, Fees and Costs; ) Jury improperly instructed on fine. Fine modified from
$10,000 to $5,000. Judgment modified to reflect proper statute for conviction.
Hoffman, Phill Davonne, Robert C. v. State, COCA Case No.
F-2009-1 (October 29, 2009)
(Evidence, Other Crimes; Prosecutorial Misconduct) State’s exhibit included
unredacted certified copy showing prior suspended sentence had been revoked in
full. Admission of the exhibit was plain error, compounded by prosecutor’s
inquiry on cross examination of Appellant. Also, prosecutor’s closing was
improper. Sentence modified to the minimum.
Hogan, Daniel Timothy v. State, COCA Case No.
F-2008-667 (August 27, 2009)
(Statute of Limitations) Four counts reversed with instructions to dismiss
because they were outside the statute of limitations.
Hogan, Darrell W. v. State, COCA Case No.
F-2004-1266
(February 10, 2006)
(Due Process) Due process violated when a defendant is
denied a statutory right to nine peremptories. Reversed and remanded for new
trial.
Holbrook, John Dale v. State, COCA Case No.
F-2004-433 (July 15, 2005)
(Sentence, Excessive) Court finds sentence imposed excessive under the
circumstances of the case. Sentence modified.
Hollins, Eddie v. State, COCA Case No. F-1998-605,
(Sept. 2, 1999)
(Double Jeopardy/Double Punishment, Drive-by Shooting & Assault with
Dangerous Weapon)
Holmes, Aaron M. v. State, COCA Case No.
F-2013-668 (August 26, 2014)
(Prosecutorial Misconduct; Sentence, Excessive) Plain error found when
prosecutor improperly instructs jurors about prior suspended sentences. Sentence
modified from life to thirty years.
Holmes, Carl v. State, COCA Case No. F-99-1260
(January 3, 2001)
(Sentence, Enhancement, Admission of Prior in First Stage)
Hooks, Marcus Durell. v. State, COCA Case No.
F-2008-1014 (October 22, 2009)
(Fines, Fees and Costs) Costs and fees ordered on counts for which client
was acquitted were vacated, to be corrected Nunc Pro Tunc.
Hopkins, Jerome Deshone v. State, COCA Case No.
F-2016-549 (August 10, 2017)
(Evidence, Sufficiency; Due Process) Record failed to establish waiver of
assistance of counsel was knowing and voluntary. Appellant deprived of fair
trial and due process of law when control restraint was visible to prospective
and eventual jurors. Trial court erred by allowing Appellant to be tried in a
restraint box without giving any reason for such restraint. Reversed and
remanded for new 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 2nd 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.
- I, J -
Ingram, Johnny Lee v. State, COCA Case No.
F-2015-1007 (June 8, 2017)
(Jury Deliberations; Jury Instructions, Other) Reversed and remanded for new
trial because trial court failed to sufficiently answer the jury’s questions
concerning the uniform jury instruction defining principals and aiding and
abetting.
Ise, Bradley W. v. State, COCA Case No.
M-2005-375
(February 22, 2008)
(Evidence, Sufficiency; Sentence, Excessive) Trial court erred in permitting
questions about prior guilty plea, subsequently withdrawn. Reversed and remanded
for a new trial.
Izon, Cynthia Fern v. State, COCA Case No.
F-2006-648
(December 19, 2007)
(Jury Instructions, Misleading/ Confusing) Jury erroneously instructed on
range of punishment. Sentence modified.
Jacks, Shawn William v. State, COCA Case No.
F-2003-315 (June 21, 2004)
(Ineffective Assistance of Counsel) Defense counsel’s theory of the case was
tantamount to confessing guilt. Reversed and remanded for new trial.
Jackson, Gregory Lee Jr. v. State,
COCA Case No. F-2002-1444 (March
12, 2003)
(Jury Instructions - Lesser Included Offenses) Plain error found in
failure to instruct jury on lesser-included offense of driving while impaired in
DUI case. Reversed for new trial.
Jackson, John v. State, COCA Case No. F-1998-825,
(Aug. 24, 1999)
(Jury Instructions, Self Defense, Right to Remain Silent)
Jackson, Kenneth Kelmer v. State, COCA Case No.
F-2004-184 (January 21, 2005)
(Double Jeopardy/Double Punishment) Convictions for both Accessory after the
Fact and Knowingly Concealing Stolen Property based upon one act violate statute
against double punishment. Concealing conviction reversed with instructions to
dismiss.
Jackson, Richard Jerrel v. State, COCA Case No.
F-2015-738 (August 8, 2016)
(Double Jeopardy/Double Punishment) Three different types of CDS in a single
container is only one conviction not three. Two counts reversed with
instructions to dismiss.
Jackson, Roderick Leandrew v. State, COCA Case No.
F-2014-452 (October 28, 2015)
(Drug Court; Abuse of Discretion) Termination based on previously punished
violations. Reversed and remanded for reinstatement in Drug Court.
Jackson, Willard Dean v. State, COCA Case No.
F-2005-1285 (November 5, 2007)
(Evidence, Sufficiency) Judgment for indecent proposal modified to lesser
offense due to lack of proof one one element; remanded for resentencing
proceedings.
Jackson, Wilma Fay v. State, COCA Case No.
S-2007-779 (May 19, 2008)
(Evidence, Sufficiency) Trial court’s ruling dismissing 84 felony and two
misdemeanor counts affirmed. Trial court properly sustained motion to quash for
lack of sufficient evidence to prove a necessary element of the charged offense.
Jackson IV,
Grant N., COCA Case No.
F-2016-453 (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.
Jacobs, Charles Issac,
COCA Case
No. F-2019-912 (August 25,
2022) (Direct; Fines,
Fees, and Costs) Remanded for Judgment and Sentence to remove five-hundred
dollar fine that was not included in the sentencing pronouncement.
James, Henry Jr. v. State, COCA Case No.
F-2012-559 (February 26, 2014)
(Double Jeopardy/Double Punishment) Possession of two types of drugs in same
container can only result in one conviction. Conviction for possession of
marijuana reversed with instructions to dismiss.
James, Kenneth Ray v. State, COCA Case No.
F-2003-1421 (August 11, 2006)
(Prosecutorial Misconduct) Argument indicating jurors had a civic duty to
find for the State was improper. No objection lodged, but sentence modified.
James, Larry v. State, COCA Case No. F-1998-654,
(July 22, 1999)
(Evidence, Sufficiency, Obstructing an Officer)
James, Vernon Leroy v. State, COCA Case No.
F-2008-1095
(October 20, 2009)
(Prosecutorial Misconduct) Prosecutorial Misconduct in argument and
admission of evidence required modification. Prosecutor engaged in argument in
opening statement; appealed to jury sympathy during closing argument; 18
photographs were unnecessarily cumulative. Sentence modified to 45 years.
Janson,
Matthew Steven,
COCA Case No. C-2017-1027
(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.
Jeffery, Jermaine Darnell v. State, COCA Case No.
F-2009-335 (July
16, 2010)
(Double Jeopardy/Double Punishment) Plain error occurred when the trial
court entered convictions for first degree felony murder and the underlying
felony. Count for shooting with intent to kill reversed with instructions to
dismiss.
Jenkins, Steven Eugene v. State, COCA Case No.
F-2014-396 (September 29, 2015)
(Prosecutorial Misconduct; Sentence, Excessive) Improper admission of evidence
and argument related to probation inflated sentence imposed. Modified from 30 to
20 years.
Jennings, Steven R. v. State, COCA Case No.
F-2015-187 (April 7, 2016)
(Double Jeopardy/Double Punishment) Convictions for Domestic Abuse by
Strangulation and Domestic Abuse with Great Bodily Injury resulting from single
transaction violates prohibition against double punishment.
Jennings, Terry Wayne v. State, COCA Case No. F-2001-1028
(October 23, 2002)
(Search and Seizure) Conviction for trafficking drugs reversed with
instructions to dismiss. Trial court erred in finding that search warrant, based
on specific factual information by a confidential informant without additional
evidence of reliability, was valid.
Jethroe, Derrick L. v. State, COCA Case No. F-2001-503
(July 3, 2002)
(Excessive Sentence. Error to charge Appellant after former conviction
because the preliminary hearing magistrate sustained the demurrer to the
supplemental information. Affirmed but sentence modified from 35 years to 20
years.)
Jasper, Dewight Dejuan v. State, COCA Case No.
F-2013-36 (April 22, 2014)
(Jury Instructions, Misleading/Confusing) Plain error occurred when trial judge
incorrectly instructed the jury as to the sentencing range for First Degree
Robbery. Sentence modified.
Johnson, Anthony Jerome v. State,
COCA Case No.
F-2004-1226 (May 1, 2006)
(Double Jeopardy/ Double Punishment) Convictions for eluding an officer and
obstructing an officer arising from one act violate statutory prohibition
against double punishment. Obstruction count reversed with instructions to
dismiss.
Johnson, Armand Rashawn v. State, COCA Case No.
F-2008-763 (July 24, 2009)
(Due Process; Jury Selection) Trial court abused his discretion in the
manner voir dire was conducted; and with premature comments about the
deliberation process which effectively became a pre-emptive Allen charge.
Reversed and remanded for new trial.
Johnson, Booker James Jr. v. State, COCA Case No.
F-2003-673 (September 1, 2004)
(Jury Instructions, Misleading/Confusing; Sentence, Excessive) Error in
instructing on incorrect range of punishment requires modification of sentence.
Error in charging under broad rather than specific statute results in
modification of fine.
Johnson, Cecil Ray v. State, COCA Case No.
F-2008-381 (May 12, 2009)
(Evidence, Other Crimes; Sentence, Excessive) Kidnapping conviction reversed
and remanded for new trial. Other crimes evidence improperly admitted because
there was no visible connection to crime charged and remote in time, thus little
probative value.
Johnson, Cleon Christopher v. State, COCA Case No.
F-2004-691 (February 2, 2006) (Evidence, Sufficiency) State failed to
produce any evidence about the value of the property burned. Count of Arson, 3rd
degree, reversed and remanded with instructions to dismiss.
Johnson, Darrell Robert v. State, COCA Case No.
F-2003-1084 (October 31, 2005)
(Jury instructions, Other; Jury Deliberations) Deliberations after one juror
backed out of verdict were coercive under circumstances of case. Trial judge
failed to give OUJI deadlocked jury instruction after poll revealed need for
further deliberations. Reversed and remanded for new trial.
Johnson, Dondre Columbus v. State, COCA Case No.
M-2003-495 (February 12, 2004)
(Fines, Fees & Costs) Assessment of court costs excessive due to method of
calculation. Remanded for Nunc Pro Tunc order correcting amount of costs.
Johnson, Jerry v. State, COCA Case No.
F-2008-538 (June 17, 2009)
(Bench Trial) Record failed to show a knowing and intelligent waiver of the
right to a jury trial. Reversed and remanded for new trial.
Johnson, Jeffery Robert v. State, COCA Case No.
F-2009-399
(April 15, 2011)
(Jury Instruction, Misleading/Confusing) Defense objected at trial to
modified OUJI instruction that had the effect of confusing the issue regarding
the defense of property and identification of the aggressor in the case.
Modified instruction had the effect of denying the accused his defense. Reversed
and remanded for new trial.
Johnson, Mark Wayne v. State, COCA Case No.
F-2004-914 (March 28, 2006)
(Ineffective Assistance of Counsel) Reversed for new trial based on trial
counsel’s failure to hire appropriate experts, violation of in limine ruling,
failure to make offers of proof and ensure proper record made of bench
conferences, failure to provide authority to trial court and failure to properly
cross-examine witness.
Johnson, Marlon L. v. State, COCA Case No. F-2002-1339 (September 2,
2003)
(Information, Defective) Failure to distinguish the allegations of rape
contained in Count 1 from the allegations of rape contained in Count 3 made it
impossible to verify whether the verdict in Count 3 was unanimous. Jury
acquitted one count and convicted on the other. Count 3 reversed and remanded
with instructions to dismiss.
Johnson, Paul Nathan v. State, COCA Case No. F-2001-1517 (October
24, 2002)
(Fines, Fees and Costs) Conviction and sentence for Possession of
Methamphetamine Within 1000 Feet of a school affirmed but $10,000 fine was
vacated because it was not authorized by law.
Johnson,
Ryan Cortland,
COCA Case No. F-2020-208 (April
1, 2021)
(Direct/McGirt Ruling/Muscogee Creek Nation/Chickasaw Nation) The Court found
that the Muscogee Creek Nation is a federally recognized tribe and that the
crime occurred within the Muscogee Creek 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.
Johnson, Sean M. v. State, COCA Case No. F-1999-1465,
(Feb. 8, 2001)
(Jury Instructions, Contradictory)
Jones, Heather Ann v. State, COCA Case No.
F-2012-703 (June 12, 2014)
(Double Jeopardy/Double Punishment) Underlying felony for both felony murder and
conjoint robbery was same conduct. Count of conjoint robbery reversed with
instructions to dismiss.
Jones,
Jeffrey Arch,
COCA Case No. F-2017-1245 (April
8, 2021)
(Direct/McGirt/Cherokee Nation/Creek Nation) The Court found that the Cherokee
Nation and Creek Nation are federally recognized tribes and that the crime
occurred within the Creek Nation boundaries. They also found that Appellant 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.
Jones, Lonny Boyd v. State, COCA Case No. F-2002-690
(August 27, 2003)
(Double Jeopardy/Double Punishment; Fines, Fees and Costs or Jury
Instructions - Misleading) Convictions for both Resisting and Officer and
Assault & Battery on a Police Officer constituted double punishment. Trial
court’s punishment instructions were erroneous in applying a superseded
version of the sentence-enhancement statute, and in combining it with a fine
provision from the Uniform Controlled Dangerous Substance Act.
Jones, Ralph Emerson, Jr. v. State, COCA Case No.
F-2005-619 (March 7, 2006)
(Jury Selection; Due Process) Failure to afford defendant the
statutorily-set 5 peremptories is a structural error, not subject to harmless
error review. Reversed and remanded for new trial.
Jones, Robert Larue v. State, COCA Case No.
F-2006-1339 (March 27, 2008)
(Jury Instructions; Other) Trial court failed to instruct on alibi defense
on basis that only evidence of alibi was the defendant’s testimony. Reversed and
remanded for new trial.
Jones, Steven Terrell v. State, COCA Case No.
F-2018-375 (June 13, 2019)
(Sentence, Excessive) Sentence exceeded statutory maximum and was modified.
Jones, Tony Wayne v. State, COCA Case No. F-2000-283
(March 26, 2002)
(Insufficient Evidence; Evidence presented was entirely circumstantial and
insufficient to prove that both had an agreement to commit this crime.)
Jones, Walter LaCurtis v. State, COCA Case No.
F-2003-193 (February 17, 2004)
(Sentence - Excessive) Sentence exceeded the range of punishment; sentence
modified.
Jones, Walter LaCurtis v. State, COCA Case No.
F-2015-561 (October 19, 2016)
(Evidence, Sufficiency) Conviction for Assault and Battery with a Dangerous
Weapon reversed and remanded with instructions to dismiss due to insufficient
evidence.
- K, L -
Keelin, James v. State, COCA Case No. M-2000-1482 (Nov. 21, 2001)
(Insufficient Evidence; transportation of opened container of alcoholic
beverage)
Kelley, Daniel Bryan v. State, COCA Case No.
F-2015-963 (July 13, 2017)
(Evidence, Sufficiency; Sentence, Excessive) Remanded for resentencing because
State failed to prove the out-of-state felony conviction would have been a
felony if prosecuted in Oklahoma.
Kelly, Ladarius Burnell v. State, COCA Case No.
F-2016-30 (January 19, 2017)
(Fine, Fees and Costs; Jury Instructions, Misleading/Confusing) One fine
vacated, one fine modified because jury instructions incorrectly mandated a
fine.
Kemp, Dewayne Edward v. State, COCA Case No.
F-2012-622
(October 15, 2013)
(Double, Jeopardy/Double Punishment) Running sentences concurrently does not
cure error of double jeopardy/double punishment when defendant convicted for
Felony murder in the commission of First Degree Burglary and First Degree
Burglary.
Kennedy, Eddie v. State, COCA Case No. F-1999-664,
665, (May 26, 2000)
(Cross-Examination, limitation improper)
Kepler,
Shannon James, COCA Case No.
F-2017-1186 (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.
Kerstein, Kenneth v. State, COCA Case No. F-1998-1492,
(Nov. 18, 1999)
(Failure to warn of dangers of proceeding Pro Se)
Kessee, John Fitzgerald v. State, COCA Case No.
F-2004-989
(February 2, 2006)
(Prosecutorial Misconduct; Sentence, Excessive) Plain
error for prosecutor discuss length of prior sentences in relationship to the
dates of convictions. Parole improperly considered during sentencing
deliberations. Sentence modified
Ketcher, David Daniel v. State, COCA Case No.
F-2014-286 (March 24, 2015)
(Jury Instructions, Misleading/Confusing) Jury erroneously instructed that
optional fine was mandatory. Fine vacated.
Kibbe, Christopher Lyn v. State, COCA Case No.
F-2011-1059 (October 25, 2013)
(Sentence, Excessive) Sentence modified because it exceeded the maximum
King, Ronald Lee v. State, COCA Case No.
F-2003-583 (May 26, 2004)
(Fines, Fees and Costs) Trial court erred in mixing the punishment provisions of
habitual offender statute and the Uniform Controlled Dangerous Substance Act.
Fine modified.
King, Willie West Jr. v. State, COCA Case No. F-2001-1170
(August 30, 2002)
(Insufficient Evidence.) Evidence showed more of an attempted lewd
molestation rather than the completed act. Conviction on this count reversed
with instructions to dismiss.
Kingery, Earnest Ray Jr. v. State, COCA Case No.
F-2006-1015 (November 27, 2007)
(Evidence, Other Crimes; Prosecutorial Misconduct) Defendant charged with
one rape, but State presented evidence of additional offense. The combined
weight of testimony and argument regarding the uncharged conduct resulted in
modified sentence.
Kirk, Eugene v. State, COCA Case No. F-2001-278
(July 9, 2002)
(Double Punishment; Jury Instructions. Convictions for Domestic Abuse and
Assault and Battery with a Dangerous Weapon arising from one act violate
statutory protections against multiple punishment. Trial court erred in refusing
to give requested instructions on impeachment by prior bad acts when witness
admitted to perjury in a prior trial. Error ruled harmless beyond a reasonable
doubt due to substantial evidence. Count II: Domestic Abuse After Former
Conviction of Domestic Abuse reversed and remanded with instructions to
dismiss.)
Kirkpatrick, Robert v. State, COCA Case No. F-2000-1157,
(Oct. 12, 2001)
(Evidence, Sufficiency, A & B with Dangerous Weapon; Self-Defense;
Security Guard)
Kishore, Sundeep, COCA Case No.
F-2005-659 (August 2, 2006)
(Restitution) Restitution order ($100,000) vacated and remanded for new
hearing; State failed to file statutorily-required form, and amount of
restitution was not determined to a reasonable degree of certainty.
Kitchens, Klayton Jordan v. State, COCA Case No.
F-2014-889 (July 17, 2015)
(Double Jeopardy/Double Punishment) Possession of CDS in single container
(dresser in bedroom contained baggie of meth and tobacco can with marijuana) can
only support single conviction. Marijuana possession conviction dismissed.
Kitchens, Klayton Jordan v. State, COCA Case No.
F-2014-889 (July 17, 2015)
(Double Jeopardy/Double Punishment) Possession of CDS in single container
(dresser in bedroom contained baggie of meth and tobacco can with marijuana) can
only support single conviction. Marijuana possession conviction dismissed.
Klein, Ronald Bruce v. State, COCA Case No. M-2002-263
(April 9, 2003)
(Sentence - Excessive; Fines, Fees & Costs) Under the circumstances,
including Appellant's rejection of offers of suspended sentences, Appellant's
sentence modified to sixty (60) days, with the sentences and all fines and costs
suspended.
State v. Christopher D. Knight, COCA Case No.
S-2014-564 (May 27, 2015)
(State Appeals; Evidence, Sufficiency) Ruling of trial court suppressing the
evidence affirmed because State did not meet its burden.
Knight, Joseph Lee Rick v. State, COCA Case No.
F-2003-1078 (September 29, 2004)
(Fines, Fees and Costs) Costs assessed for counts not resulting in conviction
vacated.
Knox, Kenneth Clark v. State, COCA Case No.
F-2009-149
(March 16, 2010)
(Sentence, Excessive) Trial court exceeded its authority in sentencing
defendant to three years post-incarceration supervision. Offense committed
before statute allowing post-incarceration supervision took effect. Remanded for
nunc pro tunc to remove this provision from the J&S.
Knox, Kenneth Donald v. State, COCA Case No.
F-2017-602 (December 13, 2018)
(Sentence, Excessive) Imposition of three years post-imprisonment supervision
exceeded statutory maximum. Modified to one year post-imprisonment supervision.
Knutson, Fredrick Bruce v. State, COCA Case No.
M-2013-73 (April 10, 2014)
(Evidence, Sufficiency) Zoning violations reversed to dismiss for insufficient
evidence.
Kwe Kwe, Henry Warren v. State, COCA Case No.
F-2019-417 (July 30, 2020) (Fines,
Fees and Costs) VCA vacated on one count for not being statutorily authorized.
Lamar, Robert Anthony v. State, COCA Case No. F-2000-1262,
(December 13, 2001)
(Jury Instructions– Lesser Included Offense; Theory of Defense)
Lamb, Oscar Lee v. State, COCA Case No.
F-2002-1370 (December 2, 2003)
(Evidence - Expert Testimony) Admission of expert testimony regarding
truthfulness of victim was plain error. Two counts of rape by instrumentation
reversed for new trial.
Langley, Marty Lee v. State, COCA Case No.
F-2012-639 (October 23, 2013)
(Prosecutorial Misconduct) Error in State’s failure to elect which alleged
incident upon which it was relying for conviction, thus depriving defendant of
right to unanimous verdict. Reversed and remanded for new trial.
Lathrop, Billy Dale v. State, COCA Case No.
F-2004-82 (March 29, 2005)
(Sentence, Excessive) Three counts for child endangerment dismissed because
statute criminalizing conduct was passed after the conduct occurred.
Lawhorn, Jeremy
(State v.),
COCA Case No.
S-2020-858(October
21, 2021) (State Appeal)
Affirming dismissal of prosecution of Indian on Quapaw reservation in Ottawa
County.
Lawler, Mark J. v. State, COCA Case No.
F-2012-437 (May 6, 2013)
(Pro Se) Reversed and remanded for new trial; Defendant should have been
allowed to represent himself under Faretta.
Layman, Clonnie A. v. State, COCA Case No.
F-2004-198 (February 28, 2005)
(Jury Selection) Trial court erred in not requiring State to assert a
race-neutral reason for excluding a juror with a peremptory challenge. Reversed
and remanded for new trial.
Leatherwood, Travis Michael v. State, COCA Case No.
F-2018-1263 (April 2, 2020)
(Restitution) Remanded for a proper hearing on the amount of restitution.
Ledgerwood, Thomas Clinton v. State, COCA Case No.
F-2008-579 (August 19, 2009)
(Double Jeopardy/ Double Punishment) Facts that gave rise to the charge of
kidnapping were inseparable from the facts comprising charges of Maiming and
Domestic A&B. Kidnapping count reversed and dismissed.
Lee, Earnest Alphonzo v. State, COCA Case No.
F-2004-643 (August 26, 2005)
(Jury Instruction, Misleading/Confusing; Sentence, Excessive) Jury misinstructed
regarding range of punishment. Sentence modified.
LeFlore, Tuydale Eugene v. State, COCA Case No.
F-2006-114 (March 8, 2007)
(Sentence, Excessive) Sentence modified under Anderson rule requiring
instruction on the 85 percent rule.
Leggett, Lourinda (Givens) v. State, COCA Case No. F-2000-321
(July 15, 2003)
(Ineffective Assistance of Counsel) Trial counsel ruled ineffective for
failing to use expert to substantiate battered woman theory at trial. Reversed
and Remanded for new trial.
Lemons, Kevin Judd v. State, COCA Case No.
F-2015-715 (August 31, 2016)
(Sentence, Excessive; Fines, Fees and Costs) Sentence for trafficking modified
from 25 years to 17 years, and fine modified from $25,000 to $10,000 due to
error in figuring sentencing range with both drug and non-drug priors.
Letterman, Jimmy Douglas v. State, COCA Case No.
F-2005-987 (December 4, 2006)
(Double Jeopardy/ Double Punishment) Convictions for possession of marijuana
and methamphetamine violate the constitutional prohibition against multiple
punishments even though the illegal substances were found in separate caches.
Count for marijuana possession dismissed.
Lewallen, William Todd v. State, COCA Case No.
F-2017-189 (May 31, 2018)
(Resentencing***) Denial of Defendant’s request to testify in resentencing
proceeding affirmed.
Lewis, John Stanton v. State, COCA Case No.
F-2016-179 (August 7, 2017)
(Sentence, Enhancement; Statutory Construction) Felony possession of marijuana
modified to misdemeanor because priors were not the kind specified by
enhancement statute. Sentence modified.
Lewis, Marion v. State, COCA Case No.
F-2004-577 (December 22, 2005)
(Pro Se, Continuance) Trial Court’s refusal to grant a continuance deprived
defendant, proceeding pro se, of the ability to call witnesses and to present a
defense. Reversed and remanded for new trial.
Lindsay, Charles Earl v. State, COCA Case No.
F-2005-252 (August 30, 2006)
(Due Process; Evidence, Sufficiency; Sentencing) Error in escorting
defendant into court and out of court in handcuffs in the presence of jurors;
victim was never "threatened" with the alleged imitation firearm; and failure of
trial court to instruct on 85 percent rule all contributed to Court’s decision
to modify sentence.
Lister, Ronnie Lamonte v. State, COCA Case No.
F-2008-599 (April 16, 2009)
(Evidence, Sufficiency) Evidence insufficient to show that Appellant had
dominion over or control over a weapon that his associate was sitting on. Count
reversed and dismissed.
Little, Justin Dale,
COCA Case No. F-2020-125 (June
17, 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.
Locust, Johnny Freddy v. State, COCA Case No.
F-2004-997 (April 3, 2006)
(Jury Instructions, Other; Sentencing) Since the case was
pending on direct review when Anderson was decided, the jury
should have been informed of the 85% rule. Sentence modified sua sponte based on
the "principle of equal treatment among similarly situated Appellants whose
cases are pending on direct review."
Loftis, Embry Jay v. State, COCA Case No.
F-2009-1067
(February 23, 2011)
(Sentence, Excessive; Sentence, Abuse of Discretion; Evidence, Other Crimes)
Plain error found in prosecutor’s closing argument, which "improperly and
unmistakably called to the jury’s attention that Appellant did not serve his
full sentence on his prior conviction." Trial court abused discretion in
allowing introduction of "transactional" prior felonies. Sentence modified.
Logan, Kathy Lynn v. State, COCA Case No.
RE-2015-735 (September 30, 2016)
(Revocation/Acceleration Decisions; Right to Counsel; Abuse of Discretion) Trial
court abused discretion when proceeded with revocation hearing without counsel
for defendant. Reversed and remanded for further proceedings.
Long, Donna and Lillian Shipman v. State, COCA Case No.
S-2015-87 (January 14, 2016)
(State Appeals; Evidence, Sufficiency) District court’s order granting motion to
quash for insufficient evidence affirmed.
Long, Robert Lawrence v. State, COCA Case No.
F-2016-1094 (March 29, 2018)
(Fines, Fees, and Costs) Error occurred when jury returned verdicts of guilt for
both felony murder and the underlying felony (attempted robbery), but trial
court did not impose J&S for underlying felony.
Lopez, Jacqueline E. v. State, COCA Case No.
S-2008-53 (July 1, 2008)
(Evidence, Sufficiency) Magistrate’s decision to sustain demurrer affirmed.
Lowe, Jack Albert v. State, COCA Case No. F-2000-897,
(Sept. 21, 2001)
(Evidence, Sufficiency, Rape modified to Lewd Molestation)
Luck, Larry Gene v. State, COCA Case No.
M-2010-1026 (December 1, 2011)
(Restitution) Remanded for proper determination of restitution.
State v. Lunsford, COCA Case No.
S-2014-759
(July 31, 2015)
(State Appeals; Evidence, Sufficiency) Lower court order dismissing case for
State’s failure to produce sufficient evidence of dominion and control of drugs
affirmed.
Luttrell, Jimmy Dale v. State, COCA Case No.
M-2007-62
(January 7, 2008)
(Evidence, Sufficiency) Domestic Assault and Battery case dismissed because
defendant’s wife (alleged victim) did not testify, and trial court sustained the
hearsay objection to the police officer’s testimony and report.
Lymen, Steven Cory v. State, COCA Case No.
S-2011-765 (July
13, 2012)
(State Appeals; Evidence, Sufficiency) Trial court found that
the initial identification was unduly suggestive and tainted the subsequent
in-court identification. Identification suppressed, case dismissed. District
court ruling affirmed.
Lynn, Ernest, COCA Case No.
F-2003-1136 (November 9, 2004)
(Jury Instructions - Theory of Defense) The Court held a convicted felon should
be allowed to disarm an armed attacker without risk of a conviction for
felonious possession. Adopted a justification defense in which a convicted
felon’s possession of a weapon under exigent circumstances is justified and the
conduct should not be declared criminal.
- M -
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 1st Degree Rape by Instrumentation without
the crucial element of "bodily harm" in the jury instruction. Modified
to lesser crime of 2nd 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.
- N-
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, P -
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.
- Q, R -
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, 1st 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.
- S -
Sam, Emmitt G.,
COCA Case No.
F-2017-1300 (December 2, 2021)
(Direct/McGirt Ruling/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.
Sanders, Keandre Lee v. State,
COCA Case No.
F-2005-597 (July 6, 2006) (Sentence,
Excessive; Jury Instructions, Other) Plain error occurred when trial court
failed to instruct on the 85% rule. Sentences modified.
Sanders, Marc v. State, COCA Case No. F-1998-784,
(Sept. 21, 1999) (Prosecutorial Misconduct, Closing Argument)
Sango, Muhajir A. v. State, COCA Case No. F-2002-613
(August 20, 2003)
(Jury Instructions - Misleading) Trial court’s erroneous instructions on
the range of punishment required resentencing.
Satterfield, Christian v. State, COCA Case No. F-2002-106
(November 19, 2002)
(Double Jeopardy) Appellant's conviction for both Attempted Manufacture of
CDS and Possession of a Precursor violated the statutory prohibition against
multiple punishment. Conviction for possession reversed with instructions to
dismiss.
Sauter, Michael Joseph v. State, COCA Case No.
F-2015-155 (March 31, 2016)
(Evidence, General) Insufficient corroboration of involvement outside accomplice
testimony. Reversed with instructions to dismiss
Scoby, Edwin Leroy v. State, COCA Case No.
F-2010-307 (October 14, 2011)
(Sentence, Enhancement; Sentence, Excessive; Evidence, Other Crimes)
Non-capital murder case remanded for resentencing because State improperly
enhanced with prior convictions.
Schoonover, Gilda Marie v. State, COCA Case No. F-2001-916
(August 15, 2002)
(Jury Instructions- theory of defense; Evidence - Insufficient.) Trial court
committed fundamental error by instructing jury on the alternative theory of
knowingly permitting abuse of a minor child. Evidence presented at trial
sufficient to prove death was not accidental but does not support theory that
Appellant knowingly permitted her husband to inflict unreasonable force.
Reversed for New Trial.
Schoonover, John Edward v. State, COCA Case No. F-2001-936
(August 15, 2002)
(Jury Instructions- theory of defense; Evidence - Insufficient.) Trial court
committed fundamental error by instructing jury on the alternative theory of
First-Degree Murder (Child Abuse) by its use of the "permitting" child
abuse instruction. Evidence presented at trial sufficient to prove death was not
accidental but does not support theory that Appellant knowingly permitted his
wife to inflict unreasonable force. Reversed for New Trial.
Schoonover, John Edward v. State, COCA Case No.
F-2003-633 (September 8, 2004)
(Evidence, Sufficiency; Jury Instructions, Other) Evidence introduced at trial
was insufficient as a matter of law to convict on the crime of accessory after
the fact to a murder, based on actions after injury to child but before death.
Trial court erred in instructing on accessory to murder, where instruction was
not requested by defendant. Reversed for new trial.
Schram, Lori Jo v. State, COCA Case No.
F-2004-281 (August 2, 2005)
(Restitution) Record must reflect a basis for the trial judge’s determination of
a victim’s loss or the decision is arbitrary and violative of Section 991a.
Remanded for new hearing on restitution.
Schroeder, Larry v. State, COCA Case No. F-2000-515,
(Sept. 6, 2001)
(Evidence, Sufficiency, Burglary, "breaking not proven; Double
Punishment/Double Jeopardy, Kidnapping for Extortion of Sexual Gratification
& Sexual Assaults merged)
Schulze, Michael Wayne v. State, COCA Case No.
F-2006-896 (July 19, 2007)
(Fines, Fees and Costs; Jury Instructions, Misleading/Confusing; ) Fines
vacated on two counts due to improper instruction that implied jury must impose
a fine. Error also found in misinstruction as to the maximum sentence.
Schwab, Robert Eugene v. State, COCA Case No.
M-2007-192 (January 14, 2008)
(Information, Defective; Jury Instructions/ Lesser Offenses) Defendant was
charged with transmitting a threatening letter, but jury found him guilty of
lesser offense of Threatening by Telephone or Electronic Device. Lesser offense
was not a crime at the time the e-mail in question was sent. Conviction barred
by ex post facto principles. Reversed with instructions to dismiss.
Scott, Brian Tyrone v. State, COCA Case No. F-2001-998
(August 15, 2002)
(Double punishment.) Convictions for both kidnapping and forcible oral
sodomy violate prohibition against multiple punishment for a single act.
Conviction for kidnapping dismissed.)
Scyffore, Eddie v. State, COCA Case No. F-1997-1268,
(July 7, 1999)
(Prosecutorial Misconduct, Closing Argument, reference to parole)
Seals, Shea Brandon v. State, COCA Case No.
S-2011-208
(September 29, 2011)
(State Appeals; Search and Seizure) Trial court’s ruling finding no probable
cause for traffic stop upheld. Evidence supported finding that car did not cross
the marked line "for any appreciable amount of time."
Seely, Don Edward v. State, COCA Case No.
F-2005-640 (October 17, 2007)
(Sentence, Excessive; Jury Instructions, Misleading/Confusing) Jury
misinstructed on range of punishment. Sentence modified.
Sharrock, James Lee v. State, COCA Case No.
S-2008-953 (June 19, 2009)
(State Appeals; Evidence, General) State appeal from dismissal of case by
magistrate because case consisted of inadmissible hearsay. Dismissal affirmed.
Selders, Christy Anne v. State, COCA Case No.
S-2009-667
(March 15, 2010)
(State Appeals; Search and Seizure) District Court order dismissing count
one due to illegal search and seizure affirmed.
Short, Ryan Layne & Ortuno, Victor Suarez v. State, COCA Case
No. S-2005-890
(Dec19, 2006)
(Search & Seizure) State appeal from order sustaining motions to suppress
and quash, and dismissing cases against defendants (drugs). Court affirmed trial
court.
Simmons, Kenneth v. State, COCA Case No.
F-2009-47
(February 25, 2010)
(Sentence, Excessive; Jury Instructions, Misleading/Confusing) Failure to
instruct on 85% Rule in Manslaughter, 1st Degree, required remand for
resentencing.
Szczepan, Edward Mark Jr. v. State, COCA Case No.
F-2005-405
(June 21, 2006) (Evidence, Sufficiency; Sentence, Excessive)
State failed to prove prior convictions for enhancement at non-jury trial.
Sentence modified to one year and $500 fine.
Shank, Anita v. State, COCA Case No.
M-2002-1195 (August 17, 2004)
(Jury Instructions, Lesser Offenses) Error for trial court not to instruct on
the lesser included offense of Driving While Impaired. DUI modified to DWI and
remanded for consideration of sentence modification.
Shelton, George Jr. v. State, COCA Case No.
F-2004-871 (August
11, 2005)
(Sentence, Excessive) Sentence for knowingly concealing stolen property modified
from 35 years to 5 years.
Shepherd, Jackie v. State, COCA Case No. F-1999-513,
(Feb. 7, 2000)
(Restitution, Procedure)
Sheppard, Will v. State, COCA Case No. F-1999-14,
(March 24, 2000)
(Jury Deliberations, Sequestration, separation)
Shirley, DeWayne Cedric Lee v. State, COCA Case No.
F-2003-442 (June 24, 2004)
(Evidence - Sufficiency) Two counts of possession of firearm reversed with
instructions to dismiss for insufficient evidence.
Shomo, Dewayne, COCA Case No.
F-2020-510 (January 13, 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.
Shriver,
Dakota,
COCA Case No. F-2017-1279
(April 29, 2021)
(Direct/McGirt/Cherokee Nation) 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 Appellant 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.
Simrak, Joseph Alexander v. State, COCA Case No. F-2002-772
(July 29, 2003)
(Search and Seizure) Information used to justify the warrantless arrest was
obtained from sources who were not shown to be either reliable or credible.
Initial arrest was illegal and the fruits of the search incident to the unlawful
arrest should have been suppressed. Reversed and remanded with instructions to
dismiss.
Sims, Shaynna,
COCA Case No.
F-2017-635 (October 7, 2021)
(Direct/McGirt/Muskogee Creek Nation) The Court found that the victim was a
member of the 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.
Sinclair, Luke v. State, COCA Case No.
F-2004-146
(June 8, 2006)
(Prosecutorial Misconduct; Sentence,
Excessive; Jury Instructions, Other) Jury improperly influence by Prosecution’s
inflammatory argument. Jury should have been informed of 85% rule. Reversed and
remanded for resentencing.
Smallen, Robert Lee v. State, COCA Case No.
S-2008-761 (February 5, 2009 (State
Appeals; Sixth Amendment; Evidence, Sufficiency) Evidence insufficient that
rights to silence and assistance of attorney were waived. District Court Order
suppressing statements and videotaped interview affirmed.
Smith, Bonnie v. State, COCA Case No.
F-2005-786 (February 14, 2007)
(Due Process; Sixth Amendment) Posting of bond presents rebuttable presumption
of non-indigence, but record was insufficient to support trial court’s ruling
that clients were not entitled to appointed counsel. Reversed and remanded for
new trial.
Smith Jr., Charles v. State, COCA Case No. F-2000-599,
(April 13, 2001)
(Restitution, modified to reflect earlier payments)
Smith, Charles Milton Sr. v. State, COCA Case No.
F-2005-785 (February 14, 2007)
(Due Process; Sixth Amendment) Posting of bond presents rebuttable
presumption of non-indigence, but record was insufficient to support trial
court’s ruling that clients were not entitled to appointed counsel. Reversed and
remanded for new trial.
Smith, Daniel Terrell v. State, COCA Case No.
F-2017-724 (July 26, 2018)
(Double Jeopardy/Double Punishment) A&B with Dangerous Weapon and Maiming
arising from same acts violated double punishment prohibitions. J&S for A&B with
Dangerous Weapon reversed with instructions to dismiss.
Smith, James v. State, COCA Case No. F-2000-1408,
(Sept. 14, 2001)
(Jury Instructions, Lesser Offenses, Tampering with Vehicle and Malicious
Mischief not lesser included offenses of Burglary, no error in not giving these
requested instructions)
Smith, Jody v. State, COCA No.
F-2000-131,
(
September 1, 2000)
(Incarceration Fees, Guilty Plea Appeal Procedure)
Smith, Joseph Lander v. State, COCA Case No.
F-2009-535 (July 2, 2010)
(Prosecutorial Misconduct; Evidence, Other Crimes; Sentence, Excessive)
Failure to redact information re: defendant’s prior suspended sentence and
State’s use of this information in closing required modification. Sentence
modified.
Smith, Mark Eugene v. State, COCA Case No. F-2001-231 (June
12, 2002)
(Double Jeopardy. Conviction for attempted manufacturing and possession of
precursors violate protection against double punishment. Judgment and sentence
reversed and dismissed.)
Smith, Ralph T. Jr. v. State, COCA Case No.
F-2012-08
(July 2, 2013)
(Sentence, Excessive) Sentence for kidnapping modified because it exceeded
maximum sentence under law at the time of the offense. Three counts modified to
remove post-imprisonment supervision requirement, as that was not part of
statutes at time of offenses.
Smith, Sean Ray v. State, COCA Case No.
F-2007-543
(May 22, 2008)
(Sentence, Excessive; Jury Instructions, Misleading/Confusing) Sentence
modified due to failure to properly instruct on the 85 percent issue.
Smith, Steven Leroy v. State, COCA Case No.
M-2004-742 (June 7, 2005)
(Evidence, Sufficiency) Trial Court misinterpreted DUI definition of “under the
influence.” Reversed with instructions to dismiss.
Smith, Steven Lynn v. State, COCA Case No.
F-2005-716
(July 3, 2007)
(Evidence, Other Crimes) Lewd Molestation LWOP case, reversed and remanded
for new trial because evidence of other crimes was improper because it failed to
show nexus between prior crime and the case on trial, and the proof of prior
offense was not clear and convincing.
Smith, Timothy Lynn v. State, COCA Case No.
S-2009-944 (October 28, 2010)
(State Appeals; Statutory Construction) Amendments to the Sex Offender
Registration Act that become effective after the date of plea and sentencing are
not applicable.
Smotherman, Gene v. State, COCA Case No. F-2000-998,
( July 10, 2001)
(Sentence, Excessive, sentence "does not bear a direct relationship to
offense committed," modification)
Snodgrass, John v. State, COCA Case No. F-1998-1147,
(Feb. 7, 2000)
(Sentence, Enhancement, error in combining drug and habitual offender
provisions)
Soto, Albino Rosendo v. State, COCA Case No. M-2001-0393
(March 20, 2002)
(Fines, Fees and Costs; VCA reduced, amount imposed exceeded the statutory
maximum.)
Sparks, Nathan David v. State, COCA Case No.
F-2009-525 (May 13, 2011)
(Evidence, Sufficiency) Second Degree Murder reversed to dismiss. Under the
circumstances of the case, the evidence was insufficient for a rational trier of
fact to determine Appellant’s conduct was imminently dangerous.
Spencer,
Ricky Eugene,
COCA Case No. F-2019-588 (Jan.
14, 2021)
(Direct/Jury Instructions, Misleading/Confusing/Sentencing) Plain error in jury
instructions
on “transferred intent.”
Sprowls, Shaun Scott v. State, COCA Case No. F-2000-1652
(March 14, 2002)
(Double Jeopardy; Convictions for both manufacturing methamphetamine and
manufacturing a precursor substance violated double jeopardy provisions.)
Stanard, Jesse v. State, COCA Case No. F-1999-1084,
(April 12, 2001)
(Joinder of Parties, mutually antagonistic defenses)
Stargell, Joe Nathan v. State, COCA Case No. F-2001-759
(May 16, 2002)
(Fines, Fees & Costs. Procedure used to impose incarceration fees
violated ths statutory provision for imposing such fees. Sheriff's Fees vacated
and remanded for evidentiary hearing, where fees can be calculated in accordance
with the applicable statute.)
Starr,
Jimmie Dewayne, COCA Case No.
C-2018-640 (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.
State v. Armstrong, Frank Lee, COCA Case No.
S-2012-553
(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. Brooke, Robert, COCA Case No.
S-2012-719 (June 14,
2013)
(State Appeals; Abuse of Discretion) Trial court did not abuse discretion
refusing to require imprisonment or impatient treatment under 47 O.S. Section
902(C)(2).
State v. Brown, Barry Lee, COCA Case No.
S-2012-1012 (October 3, 2013)
(State Appeals; Evidence, Sufficiency) Trial court found officer who initiated
traffic stop lacked sufficient memory of the event to fulfill the State’s burden
of showing the stop was lawful. Suppression affirmed.
State v. Castillo, COCA Case No. SR-2000-339
(January 3, 2001)
(Search & Seizure; Limitation on investigation undertaken following
"hot pursuit")
State v. Chavez, Angel, COCA Case No.
S-2009-235 (December 14, 2009)
(State Appeals) Officer did not have reasonable suspicion of criminal
activity to extend defendant’s detention beyond the traffic stop. Trial court’s
order granting Motion to Suppress affirmed.
State v. David Flores Villanueva, COCA Case No.
S-2018-1227 (September 26, 2019)
(State Appeals) Trial court did not abuse its discretion in granting demurrer to
one of two charges.
State v. Davis, Anthony Cole, COCA Case No.
S-2018-613 (May 2, 2019)
(State Appeals; Abuse of Discretion) District Judge did not abuse discretion in
granting Motion to Dismiss.
State v. Gonzales-Tello, Moises , COCA Case No.
S-2012-166 (January 7, 2013)
(State Appeals; Search and Seizure) District Court suppression of evidence
affirmed. No abuse of discretion in finding that search of vehicle was the
culmination of an unreasonably protracted detention after a routine traffic
stop. Court also rejects state’s argument that the exclusionary rule should not
be applied to this case.
State v. Herfurth, Mark Anthony, COCA Case No.
S-2013-413 & 415 (November 20,
2013)
(State Appeals) Motion to quash and dismiss sex offender registration charge
affirmed on grounds no crime had been committed. Interesting discussion on
retroactivity.
State v. Jack Bradley Jones, COCA Case No.
S-2016-29 (April 21, 2016)
(State Appeals) Appeal dismissed because State failed to file a Petition in
Error.
State v. Nicholas Demir Say, COCA Case No.
S-2011-544 (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. Niles, Jr., Jerry Lee, COCA Case No.
S-2018-950 (April 4, 2019)
(State Appeals) District judge’s ruling that there was insufficient evidence to
find probable cause is affirmed.
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 3rd 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.
- T -
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.
- U, V, W -
Umoren, John v. State, COCA Case No. F-1999-72,
(Dec. 1, 1999)
(Jury Deliberations, Failure to submit "Not Guilty" verdict forms
fundamental reversible error)
Umoren, John v. State, COCA No.
F-99-1225,
(
August 31, 2000)
(Double Jeopardy/Double Punishment, three convictions for rape from same
episode without significant passage of time or distance separating incidents
equals is one offense)
Underwood, Wendy Leann v. State, COCA Case No. F-2001-1048
(December 23, 2002)
(Sentence - Enhancement) Seven prior convictions used to enhance the penalty
arose from the same transaction. Sentence modified from 40 to 30 years.
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
- X, Y, Z -
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.
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