Dean, Albert,
F-2000-948, (June 7, 2001)
(Evidence, Improper Rebuttal)
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.
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.
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.
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,
F-1998-1087, (Feb. 4, 2000)
(Evidence, Gruesome Photographs, Ineffective Assistance of Counsel)
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.
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.
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.
Kennedy, Eddie v. State, COCA Case No. F-1999-664,
665, (May 26, 2000)
(Cross-Examination, limitation improper)
McBrayer, Patrick,
F-1998-375, (May 21, 1999)
(Evidence, Coercion of Jailhouse Informant, Trial Court Bias)
McCorvey, Elijah,
F-1999-806, (Oct. 6, 2000)
(First Degree Murder, Evidence, Hearsay, Improper Limitation of Cross
Examination; Cumulative Error)
McKinney, Jerry,
F-1999-925, (June 20, 2000)
(Right to Present Defense, First Degree Murder, improper limitation of
evidence)
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.
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.
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.
Ortiz, Ricardo,
F-1999-587, (Aug. 22, 2000)
(Evidence, improper admission of confession)
Poe, Eric Alan v. State, COCA Case No.
C-2004-1018 (July 12, 2005)
(Evidence, General; Guilty Plea Decisions) Petitioner allowed to withdraw plea
based upon newly discovered evidence.
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.
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.
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.
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. 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. 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. 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.
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.
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.
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.
OKLAHOMA