Despain, Gregory,
F-1998-761, July 16, 1999 (Evidence, Other Crimes, Improper)
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.)
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.
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.
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.
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.
Hastings, Clarence,
F-1998-316, July 20, 1999 (Evidence, Other Crimes, improperly admitted)
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.
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.)
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
Nuckols, Jackie v. State, COCA Case No. F-1999-1615,
(April 18, 2001)
(Cumulative Error, other crimes, stale prior convictions, deficient
performance by counsel)
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.
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.
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.
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.
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.
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.
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.
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 .
Rogers, Donald,
F-1999-485, May 12, 2000 (Evidence, Other Crimes; Sentence, Excessive)
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.
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.
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.
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.
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, 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.
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.
Tillis, Damean,
F-1999-1654, Jan. 4, 2001
(Evidence, Other Crimes, error in admitting prior conviction during first
stage)
Vananden, Christopher,
F-2000-446, May 4, 2001 (Evidence, Other Crimes, improper admission)
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.
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.
OKLAHOMA