OKLAHOMA
Indigent Defense System

 

 

 

 

 

 

 

   EVIDENCE, GENERAL

Bacon, Donnie Joe v. State, COCA Case No. F-2001-1224 (June 29, 2004)
(Evidence - General; Evidence - Other Crimes) Sentences modified because of police officerís 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.

Bennett, Robert Carl v. State, COCA Case No. S-2007-885 (April 29, 2008)
(Evidence, General) State Appeal. Magistrateís ruling sustaining a demurrer at preliminary hearing affirmed.

Bucsok, Randy, F-2000-1156, (Aug. 28, 2001)
(Evidence, Competency of Witness, Discovery)

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.

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.

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.

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.

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.

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.

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-defendantís 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) Helicopterís low fly-over of defendantís 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 victimís 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.

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 victimís testimony at preliminary hearing, trial court properly precluded use of that prior recorded testimony at a later proceeding.

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. 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.