|
State Appeals
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.
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."
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.
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.
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.
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.
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.
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.
Daukei-Cole, Dustin,
COCA Case No.
SR-2022-250 (April 20, 2023)
(State) State appeal, dismissed. Leaves standing the trial court’s adherence to
the statute allowing for only a one year revocation in possession of controlled
distribution of a substance case.
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.
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.
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.
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.
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.
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.
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.
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."
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.
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.
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, 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.
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.
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.
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.
Z.N. v. State, COCA Case No.
JS-2016-1062 (March 3, 2017)
(State Appeals; Youthful Offender) Certification as a juvenile affirmed.
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. 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. 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. 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. 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. 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. 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.
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. 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. 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. 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. M.W., COCA Case No.
JS-2018-0917 (January 3, 2019)
(State Appeals; Juvenile Adjudication/Certification) District judge’s ruling
certifying accused for trial as juvenile affirmed.
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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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.
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. 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. 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. 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.
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.
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.
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. 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. .
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, 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. 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. 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. 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. 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. 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. 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.
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.
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. 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. 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. 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.
| 
OKLAHOMA