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EVIDENCE, SUFFICIENCY
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
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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.
Barton, Phillip Wade v. State, COCA Case No.
RE-2012-1043 (May 12, 2014)
(Revocation/Acceleration Decisions; Evidence, Sufficiency) Insufficient for
State to present J&S from subsequent case to prove probation violation without
proving finality of the subsequent conviction or the underlying facts.
Revocation reversed and remanded.
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.
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.
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.
Bellis, Stacy Gene v. State, COCA Case No.
RE-2012-1076 (April 18, 2014)
(Revocation/Acceleration Decisions; Evidence, Sufficiency; Abuse of Discretion)
District Court took judicial notice of evidence from a separate jury trial as
the sole proof to support the application to revoke, with no stipulation.
Revocation reversed and remanded
Betts IV, Robert v. State,
COCA Case No.
C-2000-1344,
(April 26, 2001)
(Guilty Plea, Factual Basis Inadequate)
Benton, James Loren v. State,
COCA Case No.
RE-2001-0383
(March 12,
2002)
(Revocation, Insufficient Evidence; did not prove willful violation of
probation.)
Blizzard, Scott,
F-1999-773, (Feb. 16, 2000)
(Evidence, Sufficiency, dominion & control of drugs)
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.
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.
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.
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.
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.
Brown, Elgin,
F-1998-1327, (Feb. 11, 2000)
(Evidence, Sufficiency, RICO)
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, Michael v. State, COCA Case No. RE-2002-993 (March
20, 2003)
(Evidence - Insufficient) Prescribed cough medicine could not be excluded as
cause for positive drug test. Reversed with instructions to dismiss.
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.
Catlett, Arthur v. State, COCA Case No. F-1998-687,
(Nov. 16, 1999)
(Evidence, Sufficiency, Possession of CDS with Intent to Distribute)
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.
Cheadle, Rodney,
F-2000-386, (June 7, 2001)
(Evidence, Sufficiency, First Degree Murder in Furtherence of Drug
Distribution; Illegal Use of Police Radio; Possession CDS with Intent to
Distribute; Double Jeopardy/Double Punishment, solicitation and conspiracy to
commit murder)
Clark, John Douglas v. State, COCA Case No. C-02-1188,
C-02-1190 & C-02-1191 (July 2, 2003)
(Guilty Plea Decisions; Evidence, Sufficiency) Insufficient evidence to
support plea on Maintaining a Vehicle Used for Keeping or Selling CDS. Reversed
with instructions to dismiss.
Clark, Sidney v. State, COCA Case No. F-2000-282,
decided (Jan. 26, 2001)
(Sentence, Enhancement, sufficiency of evidence for priors)
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.
Combs, Franklin Savoy v. State, COCA Case No.
C-2008-448 (December 22, 2008)
(Guilty Plea Decisions; Evidence, Sufficiency) Factual basis not
sufficiently established in Alford plea. Certiorari granted.
Crase, Kenneth,
F-2000-367, (April 19, 2001)
(Evidence, Sufficiency, Manufacturing Methamphetamine, Proximity to offense
not sufficient)
Crase, Kevin,
F-2000-365,
(April 19, 2001)
(Evidence, Sufficiency, Manufacturing Methamphetamine, proximity to offense
not sufficient.)
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.
Crittenden, Sidney,
F-2000-152, (April 17, 2001)
(Evidence, Sufficiency, Lewd Molestation, multiple counts)
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Daniel, Nicholas Allan v. State, COCA Case No.
C-2019-15 (June 25, 2020)
(Guilty Plea Decisions; Evidence, Sufficiency) Court finds that facts did not
support theory of felony murder with distribution of CDS as predicate; and
Robbery with a Firearm. Judgment modified to reflect Murder with armed robbery
as the predicate and vacated the robbery with firearm count.
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.
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, Dustin Loyal v. State, COCA Case No.
RE-2011-249 (February 23,
2012)
(Evidence, Sufficiency) No evidence conduct was a contributing factor to
accident. Sentence after revocation modified to time served.
Davenport, Heather,
F-2000-213, (Feb. 9, 2001)
(Evidence, Sufficiency, Guilty Knowledge, carrying CDS into jail)
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).
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.
D.I.S. v. State, COCA Case No. J-2013-0130 (June 14, 2013)
(Juvenile Adjudication/Certification; Evidence, Sufficiency) Adjudication on
three counts of A&B with Dangerous Weapon vacated with instructions to dismiss
due to insufficient evidence.
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.
Durant, Kevin Wayne v. State, COCA Case No.
RE-2007-323 (June 25, 2008)
(Revocation/Acceleration; Sentence, Excessive; Evidence, Sufficiency)
Insufficiency of the evidence presented at trial on new case precluded a finding
that suspended sentence should be revoked.
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.
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.
Elser, Stephano Dominick v. State, COCA Case No. RE-2002-387
(February 20, 2003)
(Evidence - Insufficient) Revocation reversed with instructions to dismiss.
Court found no competent evidence to support allegation that defendant violated
rule regarding association with other convicted felons.
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.
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.
Fechner, Rosa v. State, COCA Case No. RE-2000-1257,
(Oct. 16, 2001)
(Revocation, Insufficient Evidence)
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.
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.
Ford, Heath Saxon v. State, COCA Case No.
F-2017-0031 (January 11, 2018)
(Drug Court; Evidence, Sufficiency) Termination from Drug Court cannot be based
entirely on hearsay evidence. Remanded for reinstatement into a Drug Court
program.
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.
Fox, Tony Dewayne v. State, COCA Case No.
RE-2003-660 (June 23, 2004)
(Evidence, Sufficiency; Revocations) Revocation reversed and remanded for
further proceedings because no evidence was offered as to the willfulness of the
probation violations.
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.
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George, Gordon Lee Jr. v. State, COCA Case No.
RE-2016-1049 (August 30, 2018)
(Revocation/Acceleration Decisions; Evidence, Sufficiency) Evidence insufficient
to establish failure to pay. Three of four revocation cases reversed.
Haunschild, Rick,
F-2000-740, (July 6, 2001)
(Evidence, Sufficiency, Escape from Private Prison)
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.
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.
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.
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."
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.
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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.
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.
J.M.D. v. State, COCA Case No.
J-2016-0745 (December 14, 2016)
(Juvenile Adjudication/Certification; Evidence, Sufficiency) Delinquency
adjudication reversed with instructions to dismiss. Evidence insufficient to
prove “Endeavoring to Perform an Act of Violence.”
J.R.L. v. State,
COCA Case No.
J-2000-1066,
(Nov. 30, 2000)
(Youthful Offender, Evidence, psychological evaluation necessary)
James, Larry,
F-1998-654, (July 22, 1999)
(Evidence, Sufficiency, Obstructing an Officer)
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.
Jones, Leslie Dewayne v. State, COCA Case No.
RE-2004-435 (July 15, 2005)
(Evidence, Sufficiency; Revocation/Acceleration Decisions) Revocation reversed
outright because right of confrontation was violated when state merely presented
evidence that defendant had been charged with another crime, not actual facts
establishing that another crime had been committed.
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-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.
Keelin, James v. State, COCA Case No. M-2000-1482
(November 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.
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.
Kirkpatrick, Robert,
F-2000-1157, (Oct. 12, 2001)
(Evidence, Sufficiency, A & B with Dangerous Weapon; Self-Defense;
Security Guard)
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.
Knutson, Fredrick Bruce v. State, COCA Case No.
M-2013-73 (April 10, 2014)
(Evidence, Sufficiency) Zoning violations reversed to dismiss for insufficient
evidence.
Latham, Decarlos Marquis v. State, COCA Case No.
RE-2015-180 (March 8, 2016)
(Revocation/Acceleration Decisions; Evidence, Sufficiency) No proof of finality
of out-of-State judgment. Reversed and remanded.
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.
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.
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,
F-2000-897, (Sept. 21, 2001)
(Evidence, Sufficiency, Rape modified to Lewd Molestation)
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.
- M,N,O -
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
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.
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.
Martin, Johnny Frank v. State, COCA Case No.
RE-2016-929 (February 15, 2018)
(Revocations/Accelerations; Evidence, Sufficiency) State failed to show finality
of conviction used to revoke suspended sentence. Reversed for new hearing.
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.
M.C. E. v. State,
COCA Case No.
J-1998-1194, (July 16, 1999)
(Evidence, Sufficiency, Malicious Injury to Property)
McCollough, Danyale Lamont v. State, COCA Case No.
RE-2012-0601 (February 4,
2014)
(Revocation/Acceleration Decisions; Evidence, Sufficiency) Plain error for
district court to revoke suspended sentence solely by taking judicial notice of
evidence heard in another case. Reversed and remanded for further proceedings.
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.
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.
McHam, Harold Edward v. State, COCA Case No. F-2001-46
(February 27, 2002)
(Fines, Fees and Costs; Evidence– Insufficient)
Mirich, Samuel David v. State, COCA Case No.
RE-2011-606
(June 14, 2013)
(Revocation/Acceleration Decisions; Evidence, Sufficiency) State failed to
prove finality of conviction relied upon as probation violation.
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.
Morgan, Vernon, F-1998-624, (Sept. 1, 1999)
(Evidence, Sufficiency, Burglary of Automobile, no breaking)
Morris, Rhonda, F-1999-1374, (Dec. 11, 2000)
(Evidence, Sufficiency, Rape, lack of penetration)
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.
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.
Nuckols, Jackie v. State, COCA Case No. F-1999-1615,
(April 18, 2001)
(Cumulative Error, other crimes, stale prior convictions, deficient
performance by counsel)
Oliver, Carlos David v. State, COCA Case No.
C-2010-1060 (October 7, 2011)
(Guilty Plea Decisions; Evidence, Sufficiency; Double Jeopardy/Double
Punishment) Factual basis not sufficient on guilty plea for resisting arrest,
count reversed with instructions to dismiss. Convictions for Assault with a
Dangerous Weapon and Assault with a Dangerous Weapon while Masked constitute
double punishment for one crime. Assault with a Dangerous Weapon reversed with
instructions to dismiss.
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.
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.
Ortiz, Ricardo v. State,
COCA Case No.
F-1999-587,
(Aug. 22, 2000)
(Evidence, improper admission of confession)
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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,
M-1999-569, (Jan. 31, 2001)
(Evidence, Sufficiency, Possession of Paraphernalia)
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.
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.
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.
Powell, Michael, 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.
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.
Rimmer, Robert,
F-1999-1317, (Oct. 19, 2000)
(Evidence, Sufficiency, Robbery)
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.
Robinson, Robert, F-1998-724,
(July 29, 1999)
(Evidence, Sufficiency, Lewd Molestation, elements not proven)
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.
- S,T,U -
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.
Schroeder, Larry,
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)
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.
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, 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.
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.
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. 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. 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. 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. 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.
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. 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. 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. 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. 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.
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.
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.
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.
T.A.G. v. State,
COCA Case No. J-2000-452, (Oct. 6, 2000)
(Juvenile Adjudication, Sufficiency of Evidence)
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.
T.C.S. v. State, COCA Case No. J-2003-1180
(April 1, 2004)
(Juvenile Adjudication/ Acceleration; Evidence - Sufficiency) With no
evidence to corroborate the testimony of alleged accomplice, insufficient
evidence to support conviction. Reversed and remanded for new trial.
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.
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, 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.
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.
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.
Turner, Michael Gerald v. State 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.
- V,W,X,Y,Z -
Vinson, Billy v. State,
COCA Case No. F–1998-934
(Aug. 21, 2000)
(Restitution of Jail Costs; Insufficient Evidence)
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.
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.
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.
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.
Wells, Dustin, F-2000-805, (Oct. 18, 2001)
(Evidence, Sufficiency, Assault with Dangerous Weapon)
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.
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.)
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.
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