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   Direct Appeals, State Appeals, Mandamus

Alpha Index Main Page

Alphabetical by Case Name


A , - C - D - E, F - G - H - I, J - K, L - M - N - O, P - Q, R - S - T - U, V, W  - X, Y, Z



-A-

Allen, Desiray Jaibai v. State, COCA Case No. F-2005-471 (June 9, 2006)  (Sentence, Excessive; Evidence, Other Crimes) Trial court committed plain error when it admitted evidence of other crimes included in exhibit with Judgment and Sentence, resulting in excessive sentence. Sentences modified.

Andrews, Christopher  v. State, COCA Case No. F-2000-451 (June 8, 2001)
(Jury deliberations, Sequestration)

Aragon, Bryan Decheveria v. State, COCA Case No. F-2012-167 (September 23, 2013)
(Double Jeopardy/Double Punishment; Sentence, Excessive) Counts for Kidnapping and Possession of Firearm in Commission of a Felony dismissed because they arose out of the same act resulting in convictions for Robbery with a Firearm.

Armstead, Clayton v. State, COCA Case No. F-2001-991 (October 31, 2002)
(Jury Instructions - Misleading) Judgment affirmed but sentence modified from thirty years to ten years. Jury was improperly instructed on the sentencing range.

Armstrong, Michael Anton v. State, COCA Case No. F-2004-1106 (February 28, 2006) (Fines, Fees and Costs) Appellant improperly sentenced under combination of habitual offender statute and drug statute. Fine modified to maximum under habitual offender statute.

Arndt, Joseph Randal v. State, COCA Case No. F-2011-473 (June 25, 2013)
(Sixth Amendment) Plain error for trial court to deny opportunity for cross-examination of co-defendantís testimony. Reversed and remanded for new trial.

Arnold, Carole Jean v. State, COCA Case No. F-2002-653 (June 2, 2003)
(Jury Instructions-Misleading/Confusing) Jury incorrectly instructed on range of punishment. Trial court erred in admitting testimony regarding HGN test in DUI case without requiring state to satisfy Daubert. Court found this error harmless in light of other evidence of guilt. Sentence modified from 5 years to 2 years.

Aranda, Joel Christion. v. State, COCA Case No. S-2011-0024 (October 17, 2011)
(State Appeals) State appealed magistrateís ruling sustaining demurrers to 6 counts. Magistrateís ruling was upheld by the district court. State failed to show an abuse of discretion.

Ashlock, David v. State, COCA Case No. F-2000-1138, (Aug. 31, 2001)
(Lesser Offense Instruction, Defendant Objection)

Avey, Keith v. State, COCA Case No. F-2000-618, (Aug. 31, 2001)
(Restitution, Procedure)

-B-

Baack, Michael Ray v. State, COCA Case No. F-2012-478 (December 12, 2013)
(Fines, Fees and Costs) Remanded for an order nunc pro tunc to reflect no fine, which was waived by trial court.

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.

Baird, Dontrell Maurice v. State, COCA Case No. F-2002-1509 (November 18, 2003)
(Sentence Enhancement) Three counts remanded for resentencing because of erroneous enhancement instructions.

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.

Baker, Jimmy Lee v. State, COCA Case No. F-2009-528 (June 23, 2010)
(Due Process; Prosecutorial Misconduct) State failed to disclose the victimís pending drug charges, plea agreement, and prior felony conviction contrary to Brady v. Maryland. Reasonable probability that had the evidence been disclosed to the defense, the result of the trial would have been different. Reversed and remanded for new trial.

Baker, Mitchell Dewayne v. State, COCA Case No. F-2008-1087 (January 27, 2010)
(Restitution) Restitution order vacated and remanded for proper determination.

Baldwin, Tammy v. State, COCA Case No. F-2000-991, (Oct. 2, 2001)
(Double Jeopardy, Methamphetamine and marijuana)

Bales, Roy Carl Jr. v. State, COCA Case No. F-2006-780 (May 23, 2007)
(Jury Instructions, Misleading/Confusing; Sentence, Excessive) Sentence for Unauthorized Use of Vehicle modified from 6 to 3 years because jury was incorrectly instructed on the range of punishment.

Bandy, Jason L. v. State, COCA Case No. S-2007-1212 (August 6, 2008)
(State Appeals; Evidence, Expert Testimony) Trial courtís 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.

Barham, Dre Edward v. State, COCA Case No. F-2013-633 (April 25, 2014)
(Double Jeopardy/Double Punishment; Jury Instructions, Misleading/Confusing; Fines, Fees and Costs) Convictions for simultaneous lewd molestation and sodomy violate prohibition against multiple punishment for a single offense. Lewd molestation count reversed to dismiss. Fine vacated because of misinstruction of mandatory fine.

Barnes, Robert  v. State, COCA Case No. F-2000-671 (June 7, 2001)
(Double Punishment; Maiming & Assault and Battery; injury arose from single act)

Barnett, Bruce Morris v. State, COCA Case No. F-2005-357 (June 23, 2006)  (Fines, Fees and Costs) District court erred by imposing a fine in excess of that permitted by law. Fine modified.

Barrett, Randy DeWayne v. State, COCA Case No. F-2002-1351 (April 15, 2004)
(Ineffective Assistance of Counsel) Trial counselís misinformation regarding parole eligibility induced Barrett to waive lesser included offense instructions, which he was clearly entitled to receive. Reversed and remanded for new trial.

Barnett, Suzanne D. v. State, COCA Case No. F-2008-289 (September 3, 2009)
(Drug Court; Sentence, Abuse of Discretion) Decision to end drug court participation was an abuse of discretion. Termination from Drug Court reversed with instructions to reinstate.

Barry, Michael Lee v. State, COCA Case No. F-2002-324 (June 25, 2003)
(Sentence - Excessive) Sentence imposed for misdemeanor was outside the statutory range. Modified from one year to six months.

Barry, Michelle Ann v. State, COCA Case No. F-2007-336 (September 25, 2008)
(Ineffective Assistance of Counsel) Trial counselís failure to even attempt to limit the admission of highly prejudicial evidence at trial was unreasonable and deficient. Reversed and remanded for a new trial.

Batise, Sherl D. v. State, COCA Case No. F-2001-211 (March 20, 2002)
(Restitution; failed to determine whether Appellant could pay restitution without imposing manifest hardship, amount determined without reasonable certainty.)

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.

Bazemore, Richard Harold v. State, COCA Case No. F-2011-499 (May 15, 2013)
(Fines, Fees and Costs) Plain error found where Appellant was overcharged for PSI.

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.

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.

Bernal, Tomas Mendiola v State, COCA Case No. F-2002-24 (April 30, 2003)
(Jury Instructions - Misleading/Confusing) Appellant's conviction for maintaining a dwelling where drugs are kept reversed for a new trial because trial court failed to instruct on all the elements of the offense.

Berry, Marcus Dejuan v. State, COCA Case No. F-2010-547 (January 24, 2012)
(Double Jeopardy/Double Punishment) Convictions for Lewd Molestation and Kidnapping violate Section 11. Kidnapping count reversed and dismissed.

Billings, Cleve v. State, COCA Case No. F-1999-381, (April 17, 2000)
(Evidence, Other Crimes, Common Scheme or Plan)

Bills, Kassie Lakei v. State, COCA Case No. F-2009-404 (May 5, 2011)
(Jury Selection; Jury Instructions, Other) Preliminary discourse from trial court during voir dire on how to handle potential deadlock was plain error. Reversed and remanded for new trial.

Birmingham, Joe Lee v. State, COCA Case No. F-2008-214 (March 13, 2009) (Sentence, Excessive) Trial courtís failure to sufficiently instruct the jury, specifically 85% rule, was prejudicial. Sentences modified.

Birth, Steven v. State, COCA Case No. F-1999-942, (July 14, 2000)
(Sentence Enhancement, staleness of prior conviction)

Blizzard, Scott v. State, COCA Case No. F-1999-773, (Feb. 16, 2000)
(Evidence, Sufficiency, dominion & control of drugs)

Blythe, Doyle v. State, COCA Case No. M-2006-555 (April 12, 2007)
(Jury Instructions, Theory of Defense) Defendant is entitled to have theory of defense set forth in instruction to jury, where there is evidence to support it and the theory is tenable as a matter of law. Even if it is discredited and wholly self serving. Remanded for new trial.

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.

Bonomelli, James Robert v. State, COCA Case No. F-2004-161 (November 15, 2005)
(Sentence, Excessive) Consecutive sentences modified to be served concurrently, reducing total sentence imposed from 100 years to 40 years.

Boomershine, Danny Joe v. State, COCA Case No. F-2002-101 (January 23, 2003)
(Sentence - Excessive) Aggregate consecutive sentence of 600 years is excessive. Sentences modified to run concurrently.

Bowers, Joyce v. State, COCA Case No. F-1999-264, (May 31, 2000)
(Double Jeopardy/Double Punishment, Felony Murder, Merger Doctrine, Caretaker abuse)

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.

Bratcher, Allen Eugene v. State, COCA Case No. F-2009-794 (April 22, 2011)
(Prosecutorial Misconduct; Sentence, Excessive) Prosecutorís statements during his second closing were improper appeals for sympathy for the victim...the remarks provided a foundation for the request6 of a 70 year sentence, which COCA also deemed "excessive." Sentence modified to 30 years.

Brazell, Reginald Lamond v. State, COCA Case No. F-2004-767 (May 23, 2006) (Sentence, Excessive; Jury Instructions, Other) Court erred in failing to instruct on the 85% Rule under Anderson. Sentences modified.

Brown, Kevin Maurice v. State, COCA Case No. F-2011-407 (April 29, 2013)
(Double Jeopardy/Double Punishment; Sentence, Excessive) Conviction and sentence for two counts for possession of the same handgun, and the evidence did not show that the possession was discontinuous. One conviction reversed with instructions to dismiss.

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.

Brock, Michael Keith v. State, COCA Case No. F-2001-1497 (March 12, 2003)
(Double Jeopardy) Convictions for manufacturing methamphetamine and possession of precursor violate Section 11, double punishment provision. Precursor conviction reversed with instructions to dismiss.

Brown, David Jeffrey v. State, COCA Case No. PC-2006-0638 (February 28, 2007)
(Ineffective Assistance of Counsel) Post Conviction relief granted on basis of IAC. Same attorney handled trial and appeal, new counsel handled post conviction proceedings. Remanded for new trial.

Brown, Donna v. State, COCA Case No. F-2001-687 & RE-2001-887 (April 30, 2002)
(Revocation; Fines, Fees and Costs; Restitution ordered for offenses for which Appellant was never charged or convicted. Summary Order reversing for Evidentiary Hearing on restitution, incarceration fees and costs.

Brown, Elgin v. State, COCA Case No. F-98-1327 (February 11, 2000)
(Evidence, Sufficiency, RICO)

Brown, Jeffrey v. State, COCA Case No. F-2000-771, (Aug. 6, 2001)
(Affirmed, but error found in refusal to consider concurrent sentences because defendant had exercised right to trial).

Brown, Marlin Virgil Jr. v. State, COCA Case No. F-2006-113 (March 28, 2007)
(Double Jeopardy/Double Punishment) Possession of two distinct types of drugs in a single container is a single act. One count reversed with instructions to dismiss.

Brown, Sherman v. State, COCA Case No. MA-2001-117, (July 3, 2001)
(Double Jeopardy, Sentencing, Death Penalty, Retrial)

Brown, Sherman Nathaniel v. State, COCA No. F-99-607, (October 19, 2000)
(Joinder, separate crimes)

Brown, Tony Carnell v. State, COCA Case No. F-2007-987 (October 10, 2008)
(Jury Instructions, Lesser Offenses; Evidence, Expert Testimony) Trial court should have given lesser included offense instructions. Error for Stateís witness to testify that based on neurolinguistic training, the defendant lied in his statement. Reversed and remanded for new trial.

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 motoristís vehicle."

Bruner, Ricky Dion v State, COCA Case No. F-2002-108 (April 30, 2003)
(Double Jeopardy) Multiple convictions arising from a single criminal episode violate prohibitions against double jeopardy. Rape and robbery convictions affirmed, but kidnapping convictions reversed with instructions to dismiss.

Bruton, John v. State, COCA Case No. F-1999-807, (July 6, 2000)
(Sentence, legality)

Bryant, Gregory Lynn v. State, COCA Case No. F-2007-438 (August 22, 2008)
(Fines, Fees and Costs; Jury Instructions, Misleading/Confusing) Fine vacated because jury was misinstructed that the fine was mandatory, not optional. Incarceration fees should not have been assessed because client was incarcerated for another offense, not the charge in this case, while awaiting trial.

Bryant, Michael Don v. State, COCA Case No. F-2011-1054 (March 8, 2013)
(Sentence, Excessive) Remanded for nunc pro tunc so that J&S reflects credit for time served and to change name of offense.

Bucsok, Randy v. State, COCA Case No. F-2000-1156, (Aug. 28, 2001)
(Evidence, Competency of Witness, Discovery)

Budder, Keighton Jon v. State, COCA Case No. F-2010-555 (October 24, 2011)
(Sentence, Excessive) Error to sentence a juvenile to life without parole for non-homicidal crimes. Counts for First Degree Rape modified to life.

Bumgarner, Kevin Eddy v. State, COCA Case No. F-2002-484 (March 31, 2003)
(Sentence - Excessive) Court finds 275 years for 1st Degree Arson AFCF to be excessive "where there was neither loss of life nor injury." Sentence modified to 45 years.

Burdex, Elgret Lorenzo v. State, COCA Case No. F-2010-914 (April 26, 2012)
(Sentence, Excessive) Courtís conscience shocked by life sentence for five-time felon convicted of one count of uttering a forged instrument. Sentence modified to 20 years.

Burke, Alfred Jr. v. State, COCA Case No. F-2009-15  (November 20, 2009)
(Evidence, Other Crimes; Sentence, Excessive) Admission of propensity evidence under section 2413 was abuse of discretion in this case, requiring modification.

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, Rodney Jerome v. State, COCA Case No. F-2002-1009 (September 12, 2003)
(Double Jeopardy/Double Punishment) Convictions for trafficking and for possession of CDS within 1000 feet of a park, based upon same act, violated Section 11. Possession conviction reversed with instructions to dismiss.

Byrd, Claude M. III v. State, COCA Case No. F-2013-327 (April 10, 2014)
(Double Jeopardy/Double Punishment) Act of taking and carrying away property was not completed before victim seized and confined. One count of kidnapping reversed with instructions to dismiss.

Byrd, Kirk Douglas v. State, COCA Case No. F-2004-1080 (January 20, 2006)
(Sentence, Excessive; Jury Instructions, Misleading/Confusing) DUI sentence modified from 20 years to 10 years. Jury was misinstructed on the range of punishment.

 

 

-C-

Campbell, Patricia v. State, COCA Case No. SR-2007-134 (February 21, 2008)
(Statutory Construction) Child neglect statute then in effect required proof of all listed types of neglect. Trial court can accept plea to lesser offense over the Stateís objection.

Cannon, II, William Paul and Kuenstler, Glen C. v. State, COCA Case No. S-2005-657  (February 8, 2006) (Search and Seizure) Trial courtís suppression of evidence from illegal search affirmed.

Carr, Byrin v. State, COCA Case No. F-2000-1163, (Sept. 27, 2001)
(Jury Instructions, Entrapment)

Carr, Kendall Dewayne v. State, COCA Case No. F-2006-1208 (September 23, 2008)
(Jury Selection) Defendant forced to use a peremptory to remove an objectionable juror (a police officer), which forced him to keep an unsuitable juror. Reversed and remanded for a new trial.

Carr, Kendall Dewayne v. State, COCA Case No. F-2005-1150 (October 30, 2006)
(Jury Instructions, Other) Plain error for trial court to give a non-uniform "dynamite" instruction that failed to admonish jurors not to abandon their honestly held beliefs. Reversed and remanded for new trial.

Carroll, Bryan Matthew v. State, COCA Case No. F-2004-1182 (May 18, 2006) 
(Double Jeopardy/ Double Punishment; Sentence, Excessive; Jury Instructions, Misleading/Confusing) Convictions for Failure to stop at Stop Sign and Attempting to Elude violate statutory prohibition against double punishment. Evidence insufficient to show A&B with Dangerous Weapon because there was no evidence that Appellant had the required intent to do bodily harm. Mere possession of glass device with only the trooperís opinion it could be used for smoking drugs is insufficient. Counts reversed with instructions to dismiss. Jury not properly instructed on range of punishment for speeding, sentence modified.

Carroll, Marco Lamonte v. State, COCA Case No. F-2010-495 (April 4, 2012)
(Double Jeopardy/Double Punishment; Sentence, Excessive) Conviction for Using a Vehicle to Facilitate Intentional Discharge of Firearm and conviction for Second Degree Murder, in the commission of Using a Vehicle to Facilitate the Intentional Discharge of a Firearm violate constitutional protections from double jeopardy. Non-murder count reversed with instructions to dismiss.

Carter, George Luther, III v. State, COCA Case No. F-2005-288 (June 30, 2006) (Evidence, Other Crimes) Evidence of an unrelated allegation of sex crime should not have been admitted. Reversed and remanded for new trial.

Carter, William  v. State, COCA Case No. F-99-1293 (January 4, 2001)
(Statute of limitations)

Carty, James Marvin v. State, COCA Case No. F-2013-619 (June 11, 2014)
(Restitution; Abuse of Discretion) Trial court erred in imposing a restitution order without following statutory procedures in determining the amount. Vacated and remanded for a proper determination.

Catlett, Arthur v. State, COCA Case No. F-1998-687, (Nov. 16, 1999)
(Evidence, Sufficiency, Possession of CDS with Intent to Distribute)

Cato, Percy Dewayne v. State, COCA Case No. F-2005-859 (December 8, 2006)
(Fines, Fees and Costs) Jury recommended $10 fine, judge imposed a $25 fine. Fine modified to $10 (error in opinion shows fine imposed as $10)

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 Stateís expert erred when she stated the victim was telling the truth.

Caves, Peggy L. v. State, COCA Case No. F-2006-301 (May 10, 2007)
(Prosecutorial Misconduct) Judgment affirmed, however fine modified due to improper testimony regarding a related civil suit, and because of prosecutorís appeal to juror sympathy.

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.

Caudill, Gary Don v. State, COCA Case No. F-2002-708 (March 6, 2003)
(Sentence - Excessive) District Court lacked authority to impose a sentence greater than that recommended by the jury. Sentence modified to that imposed by the jury.

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.

Ceniceros, Jr., Jesus v. State, COCA Case No. F-2011-858 (October 5, 2012)
(Double Jeopardy/Double Punishment) Two counts of trafficking based on the same transactions as another count reversed with instructions to dismiss.

Cervantes, Antonio Herman v. State, COCA Case No. F-2012-1131 (May 8, 2014)
(Sentence, Excessive) Remanded for judgment and sentence to conform to oral pronouncement and requiring dismissal of a judgment and 40-year sentence for an acquitted count.

Chambers, Dale Anthony v. State, COCA Case No. F-2010-1079 (July 13, 2012)
(Sixth Amendment; Evidence, Expert Testimony) Sexual assault exam report generated by members of multi-disciplinary team was prepared for use in a criminal trial, and "falls under the category of testimonial evidence subject to the confrontation clause." Admission of the report violated 6th Amendment unless declarants were unavailable or defense had prior opportunity to cross examine the non-testifying witnesses.

Chance, Lonnie Sie v. State, COCA Case No. F-2010-1123 (September 23, 2011)
(Fines, Fees and Costs; Prosecutorial Misconduct; Sentencing, Excessive; Evidence, Other Crimes) Error in the introduction of prior J&S and "pen pack" with improper references to pardon and parole combined with prosecutorís argument was plain error requiring modification. Misdemeanor sentence modified because it was not subject to enhancement. Remanded for restitution hearing to determine actual loss.

Chapman, Shawn R. v. State, COCA Case No. F-2001-1165 (November 14, 2002)
(Sentence - Excessive) Total sentence of 480 years imprisonment shocks the Court's conscience. Three 150 year sentences were modified to Life imprisonment.

Cheadle, Darrell Antonio v. State, COCA Case No. F-2004-1271 (January 11, 2006)
(Sentence, Excessive) A total of 6,000 years determined excessive.

Cheadle, Rodney v. State, COCA Case No. F-2000-386 (June 7, 2001)
(Evidence, Sufficiency, First Degree Murder in Furtherance of Drug Distribution; Illegal Use of Police Radio; Possession CDS with Intent to Distribute; Double Jeopardy/Double Punishment, solicitation and conspiracy to commit murder)

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.

Chiles, Vicki Leigh v. State, COCA Case No. F-2008-433 (August 24, 2010)
(Jury Deliberations) Reversible error not to instruct jury on the meaning of "life without parole," particularly because of the number of questions the jury asked regarding the meaning of this term. Sentence shocks the conscience of the Court and is modified.

Childers, Gary Dean v. Warden Glynn Booher, COCA Case No. HC-2001-0440 (May 9, 2002)
(Order Granting Extraordinary Relief. Sexual Offender Program as now applied by the Dept. of Corrections is unconstitutional in that it violates the right against self-incrimination. Remanded to District Court for further proceedings.)

Choate, Robert Wesley v. State, COCA Case No. F-2001-1488 (January 8, 2003)
(Double Punishment) Convictions for manufacturing CDS and possession of precursor violates prohibition against double punishment. Possession of Precursor reversed and dismissed.

Ciancio, Gary Patrick v. State, COCA Case No. F-2011-568 (December 7, 2012)
(Sentence, Excessive; Ineffective Assistance of Counsel; Evidence, Other Crimes) Affirmed but sentence modified due to trial counsel IAC for not objecting to other crimes evidence.

Clark, Sidney v. State, COCA Case No. F-2000-282, decided (Jan. 26, 2001)
(Sentence, Enhancement, sufficiency of evidence for priors)

Clayborne, Mark Anthony v. State, COCA Case No. F-2011-509 (September 10, 2013)
(Prosecutorial Misconduct; Jury Instruction, Misleading/Confusing) Conviction for preparing false evidence by attorney reversed.

Cleveland, Christopher DíShun v. State, COCA Case No. F-2011-482 (August 9, 2012)
(Jury Instructions, Misleading/Confusing) Plain error found where trial court did not instruct jury that material nature of perjured statement could be considered in setting punishment. Sentence modified.

Cleveland, Fredrick Demon v. State, COCA Case No. F-2007-58 (January 11, 2008)
(Double Jeopardy/ Double Punishment) Possession of both cocaine base and marijuana within a single container, constituted a single act of possession. One count reversed with instructions to dismiss.

Colbert, Ricky Carlos v. State, COCA Case No. F-2011-1043 (March 7, 2013)
(Sentencing) Remanded for nunc pro tunc so that J&S reflects proper offense.

Combs, Franklin Savoy v. State, COCA Case No. M-2011-1083 (July 1, 2013)
(Right to Counsel; Pro Se; Abuse of Discretion) Trial court failed to warn of the dangers of self-representation. Reversed and remanded for a new trial.

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.

Coburn, Todd v. State, COCA Case No. F-2001-10, (Nov. 13, 2001)
(Sentence, evidence of prior conviction improperly admitted in second stage)

Coleman, Rita v. State, COCA Case No. F-1998-1366, (Oct. 8, 1999)
(Double Jeopardy/Double Punishment, Possession of two types of Contraband in same container)

Colley, Pamela Dee v. State, COCA Case No. F-2005-1146 (May 18, 2007)
(Double Jeopardy/ Double Punishment) Possession of marijuana merged with the count of trafficking methamphetamine.

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.

Coulter, Deshaunte Devon v. State, COCA Case No. F-2012-721 (October 16, 2013)
(Restitution) Plain error in trial courtís failure to follow the law on establishing restitution; restitution order vacated and remanded for further proceedings

Conroy, Michael Ralph v. State
,
COCA Case No. F-2006-1282 (August 21, 2008)
(Sentence, Excessive; Jury Instructions, Misleading/Confusing) Failure to instruct on 85% rule required new sentencing hearing.

Cook, Lewis Aaron v. State, COCA Case No. M-2001-174 (March 26, 2002)
(Pro Se; Trial Court denied Appellant's Sixth Amendment rights by not allowing him to represent himself pro se.)

Cooper, Harold v. State, COCA Case No. F-2000-1339 (January 18, 2002)
(Double Jeopardy/Double Punishment)

Corder, Linda Kaye v. State, COCA Case No. F-2000-1653 (March 21, 2002)
(Double Jeopardy; Convictions for both manufacturing methamphetamine and manufacturing a precursor substance violated double jeopardy provisions.)

Cordon, Richard James v. State, COCA Case No. F-2001-668 (November 7, 2002)
(Jury Instructions) Second Degree Murder conviction reversed and remanded for new trial because the trial court failed to give requested instruction on exculpatory statements of the defendant.

Cornelius, John Chris v. State, COCA Case No. M-2004-255 (June 9, 2005)
(Evidence, Sufficiency) State elected to proceed under a general statute for Outraging Public Decency, rather than a more specific statute relating directly to acts at issue. Facts did not support the elements of the charged offense. Reversed with instructions to dismiss.

Coronado, Serapio Penny v. State, COCA Case No. F-2006-669 (August 29, 2007)
(Restitution) Evidence not offered at trial to determine value of damages. Remanded with instructions for a proper determination of restitution.

Coronado, Veronica v. State, COCA Case No. F-2002-718 (August 22 2003)
(Search and Seizure) Weapons search without facts to support reasonable suspicion, violated Fourth Amendment. Reversed with instructions to dismiss.

Copeland, James Lee Jr. v. State, COCA Case No. F-2009-236 (March 25, 2010)
(Sentence, Excessive) Affirmed but remanded for nunc pro tunc to strike from the J&S the following language: "the defendant is to serve 85 percent of his sentence" because attempt offense was not an 85 percent crime.

Countryman, Steven Dale v. State, COCA Case No. F-2006-341 (August 7, 2007)
(Ineffective Assistance of Counsel) Trial counsel ineffective for failing to communicate plea offers to Defendant. Sentences modified

Cosar, Mickey Lee v. State, COCA Case No. F-1999-1652 (July 7, 2000)
(*Drug Court) No written notice of drug court termination hearing as required by Hagar. * NEW SUBJECT HEADING Recently came to light and considered to be good subject matter

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.

Cox, Edward D. Jr. v. State, COCA Case No. F-2004-269 (January 28, 2005)
(Double Jeopardy/Double Punishment) Convictions for both Shooting with Intent to Kill and Robbery with Firearm based upon one act violate statute against double punishment. Robbery conviction reversed with instructions to dismiss.

Crase, Kenneth v. State, COCA Case No.  F-2000-367   (April 19, 2001)
(Evidence, Sufficiency, Manufacturing Methamphetamine, proximity to offense not sufficient.)

Crase, Kevin v. State, COCA Case No. F-2000-365  (April 19, 2001)
(Evidence, Sufficiency, Manufacturing Methamphetamine, proximity to offense not sufficient.)

Craighead, Lonnie Waylon v. State, COCA Case No. F-2013-305 (May 23, 2014)
(Fines, Fees and Costs) Remanded for determination of incarceration fees, which were not imposed at sentencing but were included by court clerk after submission at request of sheriffís office. Appellant had no notice of the request or opportunity to object.

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.

Creller, Chester Sr. v. State, COCA Case No. F-2001-962 (September 20, 2002)
(Double Jeopardy/Double Punishment.) Convictions for both 1st Degree Rape and Incest arising from a single act violated Section 11.

*Crews, Lori Pamela v. State, COCA Case No. PR-2006-120 (April 18, 2006)
(Guilty Pleas; Abuse of Discretion) Defendantís Writ of Prohibition/Mandamus Granted in Part and Denied in Part. While district court had statutory authority to reject the nolo contendere plea on one count, it had no authority to prevent defendant from entering blind plea of guilty to other count. Defendants have a clear and unilateral right to enter a blind or a negotiated plea of guilty.
* From past and not an opinion but perceived to be very helpful.

Crews, Richard Val v. State, COCA Case No. F-2002-1454 (March 25, 2004)
(Jury Instructions - Misleading/Confusing) Appellant improperly convicted of an act that is not a crime; possession of a firearm without proving the After Former Conviction element of offense. Reversed for new trial.

Crider, Benjamin v. State, COCA Case No. F-1999-1422, (Oct. 11, 2001)
(Evidence, Expert Testimony, Bitemark, Luminol)

Crittenden, Sidney  v. State, COCA Case No. F-2000-152 (April 17, 2001)
(Evidence, Sufficiency, Lewd Molestation, multiple counts)

Cruz, Jamie v. State, COCA Case No. F-2007-200 (June 5, 2008)
(Sentence, Excessive; Jury Instructions, Misleading/Confusing) Failure to properly instruct on range of punishment is plain error warranting relief. Court found that Section 1123 controlled over Section 51.1. Remanded for resentencing.

Cruz, Santos Ramon v. State, COCA Case No. F-2011-671 (February 20, 2013)
(Sentence, Excessive) Remanded for nunc pro tunc so that J&S reflects credit for time served.

 

 

-D-

Dahl, Earl Andrew Jr. v. State, COCA Case No. F-2005-1282 (February 6, 2007)
(Sentence, Excessive) Remanded for resentencing under Anderson rule requiring instruction on the 85 percent rule.

Dan, Melvin Edward v. State, COCA Case No. F-2011-1047 (February 25, 2013)
(Evidence, Sufficiency) Evidence was insufficient to prove that defendant had been adjudicated delinquent on a charge that would have been a felony if prosecuted as an adult. Thus count for possession of firearm after adjudication as defined by statute was not proven and dismissed.

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.

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.

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.

Darton, James Earl v. State, COCA Case No. F-2013-11 (March 12, 2014)
(Sentence, Excessive; Jury Instructions, Misleading/Confusing) Ten year sentence for Domestic A&B was modified to the statutory maximum; jury misinstructed on enhancement for offense.

Daubert, Jerry Edward v. State, COCA Case No. F-2012-26 (January 31, 2013)
(Sentence, Excessive) Remanded for nunc pro tunc so that J&S reflects that sentences were ordered to run concurrently.

Daughrity, Shihee Hason v. State, COCA Case No. F-2001-230 (March 27, 2002)
(Insufficient Evidence, Jury InstructionsĖMisleading/Confusing; Insufficient evidence to sustain a conviction for false personation.)

Davenport, Heather v. State, COCA Case No. F-2000-213 (Feb. 9, 2001)
(Evidence, Sufficiency, Guilty Knowledge, carrying CDS into jail)

Davis, Bryce Andrew v. State, COCA Case No. F-2012-212 (December 7, 2012)
(Restitution; Abuse of Discretion) Trial court abused discretion in assessing $30,528.43 restitution; $20,383 of which was for medical expenses, the total value billed by service providers, prior to being written down by insurerís contract and prior to insurance payment. Actual medical expenses paid by the victim was $2,267, which trial court had authority to triple. Trial court further abused discretion in ordering $3,076 in lost wages, when the State failed to establish this by preponderance of evidence. Evidence re: restitution of $5,000 for future medical expenses was too speculative and also stricken. Remanded for Modification.

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).

Davis, Jason Lee v. State, COCA Case No. M-2005-0404 (September 1, 2006)
(Pro Se) Convictions reversed and remanded for new trial for lack of a record that waiver of counsel was made knowingly and voluntarily.

Davis, Robert Glenn v. State, COCA Case No. F-2005-901 (December 8, 2006)
(Sentence, Excessive; Jury Instructions, Other) Court erred in failing to instruct on the 85% Rule under Anderson. Sentence modified.

Davis, Tamara Marine v. State, COCA Case No. F-2005-1193 (March 27, 2007)
(Sentence, Excessive) Sentence modified for Accessory to Murder under the "shock the conscience" standard.

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.

Day, Chavis Lenard v. State, COCA Case No. F-2007-526 (November 19, 2008)
(Sentencing) 85% Rule does not apply to attempted robbery offenses

Dean, Albert Elden v. State, COCA Case No. F-2000-948 (June 7, 2001)
(Evidence, Improper Rebuttal)

Dean, Jr.,  Arnold v. State, COCA Case No. PR-99-1326, (Jan. 14, 2000)
(Double Jeopardy, Mistrial, No Manifest Necessity)

DeLeon, Tomas, COCA Case No. F-2003-959 (November 24, 2004)
(Sentence, Excessive) Affirmed, but the trial courtís notation "Special Condition - No good time" under the special rules and conditions of probation portion of the Judgment and Sentence were stricken as it exceeded the trial courtí s authority.

DeMoss, William Michael v. State, COCA Case No. F-20-466 (August 30, 2011)
(Fines, Fees and Costs; Jury Instructions, Misleading/Confusing) Fines vacated because jurors were misinstructed that fines were mandatory, when in fact fines were optional.

Despain, Gregory v. State, COCA Case No. F-1998-761, (July 16, 1999)
(Evidence, Other Crimes, Improper)

Detrick, Jay v. State, COCA Case No. F-1999-311, (Feb. 14, 2000)
(Sentence, Excessive, First Degree Rape)

Devers, James Lorenzo v. State, COCA Case No. F-2003-1278 (January 31, 2005)
(Fines, Fees and Costs) Fines modified because state mixed punishment provisions from different statutes.

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.

Dickey, Timmy Howard v. State, COCA Case No. F-2011-1019 (April 24, 2013)
(Sentencing) Judgment and Sentence modified to incest instead of child sexual abuse, where no evidence that uncle was person "responsible for health, safety or welfare" of niece.

Dickson, John Wesley v. State, COCA Case No. F-2001-1445 (November 5, 2002)
(Prosecutorial Misconduct) Possession of CDS AFC affirmed but sentence modified from 40 years to 20 years. Prosecutor's improper argument stating his opinion of the appropriate sentence improperly influenced the jury's sentencing decision.

Dimaggio, Jr., Jason Kenneth v. State, COCA Case No. F-2011-656 (November 1, 2012)
(Double Jeopardy/Double Punishment) Count for possession of oxycodone dismissed because it was inseparable from the completed robbery in which the drug was demanded.

Dinkins, Raynard Emory v. State, COCA Case No. S-2005-1250 (September 19, 2006)
(Search & Seizure) Court rejected the Stateís argument that the trial judge erred in granting the motion to suppress.

Dinkins, Ronald Alvis v. State, COCA Case No. F-2010-548 (May 23, 2012)
(Pro Se) Appellant not properly warned by the district court of the dangers of self-representation.  Reversed and remanded for new trial.

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.

Dodson, Wesley Wayne v. State, COCA Case No. F-2005-97 (October 4, 2006)
(Due Process; 6th Amendment; Evidence, Vouching) Trial court erred in failing to excuse a biased juror for cause; and in not making specific findings regarding reliability of victimís hearsay statements under 2803.1. Witness impermissibly vouched for victims. Reversed and remanded for new trial.

Dority, Deaundrae Lance v. State, COCA Case No. F-2004-0328 (July 13, 2005)
(Revocation/Acceleration Decisions) Acceleration hearing held without defense counsel. The record did not support valid waiver of the right to counsel. Reversed and remanded.

Dorr, Donald & Tanya v. State, COCA Case No. F-2007-616 (September 19, 2008)
(Search and Seizure) After aerial observation, law enforcement went onto defendants' property without a warrant and found marijuana growing. State did not present any evidence to show necessity or exigent circumstance. Reversed and dismissed.

Dodson, Kelsey Danielle v. State, COCA Case No. F-2010-422 (June 21, 2011)
(Fines, Fees and Costs) Fine imposed by judge (but not jury) stricken. Court Fund fee vacated; Victim Compensation Assessment remanded for appropriate hearing.

Dorsey, Michael Wayne v. State, COCA Case No. F-2011-693 (July 9, 2013)
(Fines, Fees and Costs) Trial court erred in imposing $5,000 VCA without holding a proper hearing. Vacated and remanded for hearing.

Douglas, Michael Jr.  v. State, COCA No. F-99-558, ( July 6, 2000)
(Jury Instructions, Flight Instruction)

Dowdy, Emily v. State, COCA Case No. F-2001-171 (May 31, 2002)
(Jury Instructions, Theory of Defense. Court's pretrial decision to prohibit involuntary intoxication defense and jury instructions was error, prejudicial, and denied Appellant of a fundamentally fair trial. Reversed and remanded for new trial.)

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.

Dowdy, Lloyd v. State, COCA Case No. F-1999-1265, (Sept. 28, 2000)
(Incarceration Fees, Procedure)

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.

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.

Doza, Russell Andrew v. State, COCA Case No. F-2002-809 (August 15, 2003)
(Search and Seizure) Police officer may not conduct a consensual search outside his jurisdiction under color of law. Reversed and remanded with instructions to dismiss.

Drennon, III, L.V. v. State, COCA Case No. F-2007-1253 (December 11, 2008)
(Jury Instructions, Misleading/Confusing; Sentencing) Jury instructions incorrectly set forth the range of punishment. Sentence modified.

Drew, William Earl v. State, COCA Case No. F-2005-651 (July 14, 2006) (Sentence, Excessive; Jury Instructions, Other) Plain error occurred when trial court failed to instruct on the 85% rule. Sentences modified.

Dubiel, John v. State, COCA Case No. F-2000-1427, (Sept. 5, 2001)
(Double Jeopardy/Double Punishment, Bogus checks)

Dueitt, Kenneth Lee v. State, COCA Case No. F-2002-157 (April 1, 2003)
(Double Jeopardy; Variance) Convictions for manufacturing methamphetamine and possession of precursor violated Double Jeopardy/Double Punishment. Also, variance between charge made in Information, and the evidence or theory presented at trial deprived Appellant of adequate notice of what he had to defend against. Conviction for possession of precursor, Count 2, reversed and dismissed. (Ruling clarified on rehearing.)

Duncan, Tony Neal v. State, COCA Case No. F-2005-320 (July 11, 2006) (Sixth Amendment) Use of preliminary hearing transcript at trial, without showing that witness was unavailable, violated confrontation clause. Reversed for new trial.

Dunivan, Timothy Mark v. State, COCA Case No. F-2005-232 (July 25, 2006) (Statute of Limitations) Two counts of physical child abuse reversed with instructions to dismiss because statute of limitations had expired prior to filing of charges.

Dykes, Russell Dewayne. v. State, COCA Case No. F-2002-1035 (September 12, 2003)
(Sentence - Excessive) Sentences exceeded the maximum term allowed by statute.

 

 

 

-E, F-

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.

Eddy, Roger Allen Jr. v. State, COCA Case No. F-2001-336 (April 12, 2002)
(Double Jeopardy/Double Punishment; Excessive Sentence; Jury Instructions- misleading/confusing; Simultaneous convictions for manufacturing and possession of methamphetamine; possession of precursor substance violated double punishment. Convictions for possession of precursor and methamphetamine reversed and remanded with instructions to dismiss. Sentence for possession of firearm modified; jury erroneously instructed on range of punishment.)

Edwards, Bennie Jay Jr. v. State, COCA Case No. F-2002-869 (July 29, 2003)
(Jury Instructions - Misleading/Confusing) Plain error for trial judge to fail to properly instruct on the range of punishment. Judgment affirmed but sentence modified from 30 years to 10 years imprisonment.

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.

Ellis, Antonio v. State, COCA Case No. MA-2000-1022 , (Oct. 4, 2000)
(Recusal, Trial Court, appearance of impropriety)

Ellis, Bobby M. v. State, COCA Case No. F-2006-826 (October 12, 2007)
(Double Jeopardy/Double Punishment) Two counts of Preparing Child Pornography for a single videotape violated prohibition against double jeopardy. One count vacated with instructions to dismiss.

El Mansouri, El Alami v. State, COCA Case No. F-2003-364 (May 11, 2004)
(Double Jeopardy/ Double Punishment) Convictions for both attempted robbery and kidnapping of one victim; and kidnapping and pointing a weapon at another victim violate prohibitions against double punishment/double jeopardy. Two counts dismissed.

Estes, Tina A. v. State, COCA Case No. F-2004-939 (September 27, 2005)
(Jury Instructions, Misleading/Confusing; Sentence, Excessive) Jury improperly instructed on the appropriate range of punishment for one count constitutes plain error, impacting all sentences. Sentences modified.

Evans, Jim v. State, COCA Case No. F-2008-531 & M-2008-532 (October 22, 2009)
(Drug Court; Sentence, Excessive) Felony Drug Court termination affirmed. Misdemeanor revocation vacated because sentence had improperly been extended beyond original term of a year; subsequent revocation invalid.

Evans, Kelly Dallas v. State, COCA Case No. F-2004-110 (August 9, 2005)
(Fines, Fees and Costs) Statute defining crime of possession of burglary tools does not provide for a fine. Fine modified to maximum for misdemeanor offense.

Evans Jr., Robert v. State, COCA Case No. F-97-1215 , (Jan. 20, 2000)
(Jury Instructions, Lesser Offenses, Child abuse murder)

Evans, Marvis v. State, COCA Case No. F-2007-848 (December 19, 2008)
(Double Jeopardy/ Double Punishment; Sentence, Excessive) Simultaneous convictions for robbery with firearms and pointing a firearm violated prohibition against double punishment.

Evans, Rodney Dennis v. State, COCA Case No. F-2008-1066 (March 11, 2010)
(Jury Instructions, Misleading/Confusing; Sentence, Excessive) Trial court misinstructed jury on minimum sentence. Sentence modified.

Ezell, James Rickey v. State, COCA Case No. F-2000-1543 (January 11, 2002)
(Ineffective Assistance of Counsel)

Ezell, James Ricky III v. State, COCA Case No. F-2001-637 (June 13, 2002)
(Abuse of discretion for the trial court to have a policy of ordering sentences to run consecutive without considering concurrent sentences. Remanded for resentencing.)

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.

Fajardo, Jose v. State, COCA Case No. F-2001-1506 (November 18, 2002)
(Prosecutorial Misconduct - "Special Advocate" ) Trial Court committed reversible error and violated Appellant's right to due process when it allowed a "special advocate" for the victim to participate in the trial. There is no statutory authority for the appointment of special advocate in a lewd molestation/indecent proposal case. Fundamental error when advocate cross examined witnesses and took an active and adversarial role. Reversed and remanded for new trial.

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 defendantís 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.

Ferrell, Robert C. v. State, COCA Case No. F-2008-1016 (October 22, 2009)
(Fines, Fees and Costs) Costs and fees ordered on counts for which client was acquitted were vacated, to be corrected Nunc Pro Tunc

Ferrante, Riccardo Gino v. State, COCA Case No. S-2007-31 (March 7, 2008)
(Statutory Construction) Court affirms district court ruling granting motion to quash. Defendant charged with peeping tom, for situating a camera under a customerís skirt at a discount store and taking photographs. Plain language of the statute did not contemplate the defendantís conduct, and Court finds it is not the province of the court to enlarge the scope of the statute.

Fields, Charles Arnold v. State, COCA Case No. F-2005-1094 (March 28, 2007)
(Pro Se) Error when trial court failed to advise of dangers of proceeding pro se, when defendant fired counsel on day of trial. Reversed and remanded for new trial.

Fields, Derrick Andre v. State, COCA Case No. F-2009-466 (April 2, 2010)
(Sentence, Abuse of Discretion) District Court cannot deviate from jury assessment. Remanded for resentencing

Fike, John Carl v. State, COCA Case No. F-2003-816 (December 16, 2004)
(Double Jeopardy/Double Punishment) Convictions for Possession of both cocaine and methamphetamine constituted double jeopardy. Methamphetamine conviction reversed with instructions to dismiss.

Filion, Jason v. State, COCA No. F-99-559, ( June 30, 2000)
(Jury Instructions, Lesser Offenses, Failure to Give Requested Instruction)

Finley, Felix IV v. State, COCA Case No. F-2004-682 (May 1, 2006)  (Sentence, Excessive; Jury Instructions, Other) Court erred in failing to instruct on the 85% Rule under Anderson. Remanded for resentencing.

Fire, Brian Wheatley v. State, COCA Case No. F-2002-548 (August 6, 2003)
(Prosecutorial Misconduct; Evidence - Vouching) Social worker improperly vouched for credibility of victim. Prosecutor repeatedly impeached Appellant with his post-arrest silence. Reversed and remanded for new trial.

Fleming, David Lynn v. State, COCA Case No. F-2012-1014 (February 11, 2014)
(Sentence, Excessive; Prosecutorial Misconduct) Sending unredacted judgments and sentences to the jury was error. Sentence modified to 30 years.

Flippence, Amy Marie v. State, COCA Case No. F-2003-772 (January 7, 2005)
(6th Amendment; Information, Defective) Introduction of co-defendantís out-of-court statements violated 6th Amendment and required a new trial on one count. Three other convictions were reversed with instructions to dismiss because statute did not exist at the time the alleged act occurred.

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.

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.)

Flowers, Henry C. Jr. v. State, COCA Case No. F-2002-1428 (January 8, 2004)
(*Sentence - Abuse of Discretion) Trial courtís mistaken impression that it was without authority to run sentence concurrently with another sentence that had been previously imposed constituted an abuse of discretion. Remanded for resentencing.

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.

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.

Ford, Frank  v. State, COCA Case No. M-2000-230 (January 8, 2001)
(Sentence, cannot impose more than jury verdict)

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.

Francis, Rollie Mack v. State, COCA Case No. F-2005-1176 (August 28, 2006)
(Jury Instructions, Misleading/Confusing) Error in instruction on range of punishment for one count required modification (from one year and a $500 fine, to just the $500 fine)

Franco, David v. State, COCA Case No. S-2011-0023 (October 17, 2011)
(State Appeals) State appealed magistrateís ruling sustaining demurrers to 2 counts of using vehicle in discharge of weapon. Magistrateís ruling was upheld by the district court. State failed to show an abuse of discretion.
.

Franklin, Cortez v. State, COCA Case No. F-2000-341 (March 20, 2001)
(Search and Seizure; detention unreasonable)

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.

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.

Frias, Sylvia Coronado v. State, COCA Case No. F-2005-718 (May 24, 2007)
(Sentencing) Trial court increased sentence assessed by jury. No one objected to this alteration of the jury verdict. Remanded with instructions to correct sentence to conform to verdict.

Frost, Anthony Joseph v. State, COCA Case No. F-2004-1305 (May 18, 2006) (Sentence, Excessive; Jury Deliberations) Jury was improperly influenced by information on prior offenses relating to time served vs. actual sentence. Sentence modified

Fryar, Gerald Lamar v. State, COCA Case No. F-2004-1217 (November 23, 2005)
(Sentence, Excessive) Twenty year sentence for walking away from a work center was so disproportionate as to shock the conscience of the Court. Modified to 10 years.

Frye, Bobie Troy v. State, COCA Case No. F-2009-998 (May 5, 2011)
(Jury Selection; Fines, Fees and Costs) Limitation of 30 minutes for Voir Dire not reasonable and an abuse of discretion. In issue of first impression, court finds that non-capital defendants must be allowed to voir dire on sentencing bias (when jurors would consider full range of punishment). Failure to give instruction re: no adverse inference from defendantís failure to testify, which was requested, is a constitutional and plain error. Imposition of $1,000 fine by court (when jury failed to assess one) was error and must be vacated.

-G-

Gaines, Johnny v. State, COCA Case No. F-99-1338 (December 29, 2000)
(Jury Instructions, Lesser Offenses, failure to give requested)

Gale, Thomas Edward v. State, COCA Case No. F-2003-1297 (March 1, 2005)
(Double Jeopardy/ Double Punishment) Act of possessing two different precursor substances without a permit violates double punishment statutes.

Gallaway, Ronald Dean v. State, COCA Case No. M-2009-1146 (November 18, 2011)
(Sentence, Excessive) Trial court did not include recommended treatment options in sentencing as required by Section 761(D). Remanded for resentencing.

Galletly, William "Bill" v. State, COCA Case No. M-2007-0560 (May 7, 2009)
(Sentence, Excessive) Conviction for splitting government contracts (to avoid competitive bid process) reversed and dismissed because prohibition did not include criminal penalties at time offense was alleged.

Gallimore, Robert v. State, COCA Case No. F-1999-1428, (Sept. 19, 2000)
(Restitution, Procedure)

Gardner, Isaac v. State, COCA Case No. F-2005-1161 (March 15, 2007)
(Sentence, Excessive) Sentence modified under Anderson rule requiring instruction on the 85 percent rule.

Ganis, Sarah Lynne v. State, COCA Case No. F-2004-293 (July 14, 2005)
(Sentence, Excessive) Appellantís sentence excessive under facts. All counts modified to run concurrently.

Gargus, Ronnie Odell v. State, COCA Case No. F-2003-1261 (December 23, 2004)
(Restitution) Trial courtís restitution order was not supported by sufficient evidence; remanded for hearing on restitution.

Garrett, Rodney Lamont v. State, COCA Case No. F-2003-976 (September 17, 2004)
(Sentence, Excessive) Sentence for conspiracy to traffic and attempted trafficking modified from 20 years (with 10 years suspended) running concurrently to 10 years on each count to be served concurrently because appellant was not eligible for a suspended term.

Gatewood, Clarence Andre v. State, COCA Case No. F-2005-829 (November 17, 2006)
(Sentencing; Jury Instructions, Other) Court erred in failing to instruct on the 85% Rule. Sentence modified.

Gaut, Alexander v. State, COCA Case No. F-1998-1279, (Dec. 2, 1999)
(Double Jeopardy/Double Punishment, Leaving Scene of Accident)

Gibbs, Byron Keft v. State, COCA Case No. F-2001-1061 (September 27, 2002)
(Prosecutorial Misconduct.) Plain error occurred when prosecutor over zealously cross-examined Appellant regarding his veracity. Prosecutor also made improper comments concerning the right to remain silent and confusing misstatements regarding the burden of proof on Appellant's "defenses". Sentence modified.

Gibson, Frank Leroy v. State, COCA Case No. F-2010-651 (December 13, 2011)
(Prosecutorial Misconduct) Trial court erred in informing jury of defense counselís pending criminal case. Prosecutor erred in stating opinion of defendantís guilt and vouching for stateís witness. Life sentence modified to 25 years.

Gibbs, Franklin Lee, Jr. v. State, COCA Case No. F-2004-649 (March 9, 2006)  (Jury Selection; Due Process; Prosecutorial Misconduct) Denial of statutory peremptories is structural error, not subject to harmless error review. Also, first degree murder cases cannot be enhanced under the habitual offender act. Reversed and remanded for new trial.

Gibson, Curtis Dale v. State, COCA Case No. F-2006-905 (April 10, 2008)
(Sentence, Excessive; Jury Instructions, Misleading/Confusing) Trial courtís failure to instruct on the statutory 85% limit on parole eligibility was plain error. Remanded for resentencing.

Gibson, Delbert L. v. State, COCA Case No. F-2006-854 (September 13, 2007)
(Sentence, Excessive; Jury Instructions, Misleading/Confusing) Jury was misinstructed that it was obligated to return an LWOP sentence if it found both prior convictions existed. Sentence modified.

Gilford, James Lee Jr. v. State, COCA Case No. F-2010-1237 (September 5, 2012)
(Double Jeopardy/Double Punishment) Convictions for Robbery, A&B and Assault while Masked determined to be all one act. Counts for A&B and Assault while Masked reversed with instructions to dismiss.

Gifford, Claude Thomas v. State, COCA Case No. F-2002-87 (July 9, 2003)
(Double Jeopardy/Double Punishment) Simultaneous convictions for 1st Degree Robbery by force and fear and A&B with a Dangerous weapon violate prohibition on double punishment. Robbery conviction and sentence reversed with instructions to dismiss.

Gille, Ryan Lee v. State, COCA Case No. M-2004-802 (October 21, 2005)
(Search and Seizure) Arresting officer did not have the requisite reasonable suspicion of criminal activity to justify the investigatory stop of Appellant. Reversed and remanded with instructions to dismiss.

Gipson, Tony Ray v. State, COCA Case No. F-2011-366 (September 12, 2012)
(Evidence, Other Crimes; Prosecutorial Misconduct) Resentencing granted for errors in admission of other bad acts evidence and prosecutorial argument re: lack of remorse.

Glasgow, Holly Ann v. State, COCA Case No. F-2001-1348 (November 20, 2002)
(Jury Instructions - Lesser Offenses) Conviction for Robbery by Force or Fear reversed. Trial court failed to instruct on offense of receiving stolen property. Judgment modified from Robbery to Receiving Stolen Property. Sentence modified from 5 years to 1 year (minimum sentence for lesser offense).

Golden, Ryan v. State, COCA Case No. F-2004-582 (January 10, 2006)
(Jury Selection) Failure to afford defendant in first degree murder case the statutorily-set 9 peremptories is a structural error, not subject to harmless error review. Reversed and remanded for new trial.

Gorrell, Debra v. State, COCA Case No. F-2000-483, (December 3, 2001)
(Jury InstructionsĖ Misleading/Confusing)

Graham, David Michael v. State, COCA Case No. F-2006-429 (April 23, 2007)
(Restitution; Sentence, Excessive) Restitution orders were not supported by any evidence. Jury should have been instructed on 85% rule. Sentence modified.

Gravitt, Recil v. State, COCA Case No. F-2000-1308, (Oct. 26, 2001)
(Fines, Not provided for in Habitual Offender Act)

Graves, Arthur Gerald v. State, COCA Case No. F-2004-688 (January 20, 2006)
(Ineffective Assistance of Counsel) Trafficking conviction reversed and remanded for new trial. Counsel team worked at cross-purposes in law and argument.

Gray, Bobby v. State, COCA Case No. F-1999-1388, (Aug. 24, 2000)
(Jury Instructions, Sentence, DUI punishment range)

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

Griffith, Timothy v. State, COCA Case No. F-2005-911 (March 21, 2007)
(Due Process; Jury Instructions, Theory of Defense) Appellant denied due process of law by trial courtís erroneous exclusion of evidence and jury instruction regarding theory of defense to the allegations. One count attempted rape, reversed with instructions to dismiss.

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 v. State, COCA Case No. F-1998-1087, (Feb. 4, 2000)
(Evidence, Gruesome Photographs, Ineffective Assistance of Counsel)

Grieves, William v. State, COCA Case No. F-1999-589, (May 24, 2000)
(Evidence, Expert Witness, vouching for credibility of child witness; reliability hearing for child victim)

Grimland, Brandon J. v. State, COCA Case No. F-2002-855 (August 14, 2003)
(Sentence - Excessive) Prosecutor improperly injected parole into juryís sentencing decision. Sentence modified from 100 yearsí imprisonment to 25 yearsí imprisonment.

 

 

-H-

Haas, Sammy Dewain v. State, COCA Case No. F-2001-785 (June 5, 2002)
(Sentence. Trial court directed to modify the Court's Minute to show that Appellant's sentences were ordered to run concurrently.)

Hailey, Herbert Edsel, II v. State, COCA Case No. F-2003-802 (December 3, 2004)
(Information, Defective; Sentence, Excessive) Sexual Exploitation count (Life sentence) reversed and dismissed because statute defining crime did not exist at the time the acts were committed. Possessing Obscene Material count modified to lesser crime and sentence modified from 20 years and $25,000 fine to 5 years and $5,000 fine because charged under a general statute rather than a specific statute. Three other sentences modified because the sentences imposed exceeded the statutory maximum.

Hall, Garrick v. State, COCA Case No. F-1999-1414, (Sept. 11, 2000)
(Restitution, Procedure)

Hall, Roy Lee v. State, COCA Case No. F-2009-563 (September 21, 2010)
(Jury Instructions, Misleading/Confusing; Fines, Fees and Costs) Jury was erroneously instructed as to the appropriate fine. Fine modified from $25,000 to $10,000.

Hamilton, Wendell v. State, COCA Case No. F-2003-1259 (November 7, 2003)
(Sentence - Excessive) Trial courtís decision to run 11 life sentences consecutively shocks the conscience of the court. Sentences modified to run concurrently.

Hammonds, Bonnie K.  v. State, COCA Case No. F-1999-711, (April 25, 2000)
(Bench Trial, error in waiver of jury trial without counsel present)

Hammons, Justin Lynn v. State, COCA Case No. F-2004-1277 (June 29, 2006)  
(Jury Deliberations) Error occurred when trial court communicated with jury foreman rather than entire jury concerning question of unanimity requirement for a particular count. Count reversed under Title 22, Section 894.

Hampton, Bruce v. State, COCA Case No. F-1999-710, (Feb. 11, 2000)
(Sentence Enhancement, error in combining drug and habitual offender provisions)

Hampton Jr., Glen v. State, COCA Case No. F-2000-1062 , (Sept. 21, 2001)
(Double Jeopardy/Double Punishment, pointing firearm & possessing firearm)

Hargrove, Steven Randel v. State, COCA Case No. F-2004-666 (June 8, 2005)
(Ineffective Assistance of Counsel) Details of prior offenses improperly admitted. Counselís failure to seek exclusion of this information constituted deficient performance and the imposition of the maximum sentence might have been influenced by this information. Sentence modified.

Harjo, Jonathan Dwight v. State, COCA Case No. F-2004-1261 (May 16, 2006)
(Sentence, Excessive; Jury Instructions, Other) Court erred in failing to instruct on the 85% Rule under Anderson. Sentences modified.

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.

Harris, Brandon Donell v. State, COCA Case No. F-2007-381 (May 15, 2008)
(Jury Instructions, Misleading/Confusing) Count of Lewd or Indecent Proposal to Minor reversed with instructions to dismiss. Misinstruction of jury led to erroneous conviction.

Harris, John Henry v. State, COCA Case No. F-2001-609 (May 14, 2002)
(Search & Seizure. Entry into residence where Appellant was arrested was in violation of Fourth & Fourteenth amendments. Sufficient exigent circumstances did not exist to sustain warrantless entry. Reversed with Instructions to Dismiss.)

Hastings, Clarence v. State, COCA Case No. F-1998-316, (July 20, 1999)
(Evidence, Other Crimes, improperly admitted)

Hathcock, Anthony John v. State, COCA Case No. F-2002-1481 (February 3, 2004)
(Pro Se; Revocation/Acceleration) Defendant appeared pro se without a knowing and voluntary waiver of right to counsel. Acceleration reversed for new hearing.

Haunschild, Rick v. State, COCA Case No. F-2000-740, (July 6, 2001)
(Evidence, Sufficiency, Escape from Private Prison)

Hayes, Robert Dewayne III v. State, COCA Case No. F-2007-340 (October 24, 2008)
(Double Jeopardy/ Double Punishment) Convictions for both felony murder and the underlying felony of shooting with intent to kill violated Section 11 prohibition against double punishment. Count for Shooting with Intent to Kill dismissed.

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.

Hawkins, Gavin Lee v. State, COCA Case No. F-2001-264 (May 17, 2002)
(Prosecutorial Misconduct. Twenty year sentence for lewd molestation modified to ten years by reason of an improper prosecutorial closing argument.)

Helms, Jack Leroy v. State, COCA Case No. F-2002-552 (June 10, 2003)
(Statutory Construction) Offense of simple possession of child pornography should have been prosecuted under the specific law, rather than the general statute that covers the more serious offense of manufacturing and distributing child pornography. Sentence modified from 15 years to 2 years.

Henderson, Sahib Quietman v. State, COCA Case No. F-2001-1338 (September 17, 2002)
(Double Jeopardy/Double Punishment.) Convictions for both Conspiracy to Distribute CDS and Distribution of CDS based on the same facts violated Section 11.

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.)

Herndon, Phillip Ray v. State, COCA Case No. F-2009-70 (November 3, 2009)
(Sentence, Excessive) Judgment and Sentence did not reflect order to be served concurrently as ordered by trial court. Remanded for correction.

Hervey, Steven Dewayne v. State, COCA Case No. F-2008-127 (May 11, 2009)
(Drug Court; Sentence, Excessive) Termination affirmed. Remanded for District Court to vacate termination and imposition of J&S for one of the counts that had been dismissed in the plea negotiations.

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.

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.

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."

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.

Hightower, Carrol Gene v. State, COCA Case No. F-2003-278 (October 7, 2004) (Double Jeopardy/ Double Punishment) Convictions for both possessing marijuana with the intent to distribute and maintaining a dwelling house used for the keeping of marijuana do not withstand double punishment analysis.

Hodges, Michael Alan v. State, COCA Case No. F-2004-1216 (August 12, 2005) (Fines, Fees and Costs; ) Jury improperly instructed on fine. Fine modified from $10,000 to $5,000. Judgment modified to reflect proper statute for conviction.

Hoffman, Phill Davonne, Robert C. v. State, COCA Case No. F-2009-1 (October 29, 2009)
(Evidence, Other Crimes; Prosecutorial Misconduct) Stateís exhibit included unredacted certified copy showing prior suspended sentence had been revoked in full. Admission of the exhibit was plain error, compounded by prosecutorís inquiry on cross examination of Appellant. Also, prosecutorís closing was improper. Sentence modified to the minimum.

Hogan, Daniel Timothy v. State, COCA Case No. F-2008-667 (August 27, 2009)
(Statute of Limitations) Four counts reversed with instructions to dismiss because they were outside the statute of limitations.

Hogan, Darrell W. v. State, COCA Case No. F-2004-1266 (February 10, 2006) (Due Process) Due process violated when a defendant is denied a statutory right to nine peremptories. Reversed and remanded for new trial.

Holbrook, John Dale v. State, COCA Case No. F-2004-433 (July 15, 2005)
(Sentence, Excessive) Court finds sentence imposed excessive under the circumstances of the case. Sentence modified.

Hollins, Eddie v. State, COCA Case No. F-1998-605, (Sept. 2, 1999)
(Double Jeopardy/Double Punishment, Drive-by Shooting & Assault with Dangerous Weapon)

Holmes, Carl v. State, COCA Case No. F-99-1260 (January 3, 2001)
(Sentence, Enhancement, Admission of Prior in First Stage)

Hooks, Marcus Durell. v. State, COCA Case No. F-2008-1014 (October 22, 2009)
(Fines, Fees and Costs) Costs and fees ordered on counts for which client was acquitted were vacated, to be corrected Nunc Pro Tunc.

Hopkins, Lincoln  v. State, COCA No. F-99-150, ( August 16, 2000)
(Double Jeopardy, Rape & Kidnapping for Extorting Sexual Gratification)

Horn, Alford v. State, COCA Case No. F-2000-335, (June 29, 2001)
(Discovery violation, sentence modified)

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.

Horn, Russell Wayne, Jr. v. State, COCA Case No. F-2006-736 (October 15, 2007)
(Search and Seizure) Police had search warrant for apartment but not for car and searched car anyway. LWOP sentence for trafficking reversed and remanded for new trial; conviction for possession of cocaine reversed with instructions to dismiss.

House, Richard Allen II v. State, COCA Case No. M-2012-416 (February 11, 2014)
(Pro Se; Abuse of Discretion; Ineffective Assistance of Counsel) Misdemeanor conviction reversed and remanded for lack of record of waiver of counsel and questionable determination of lack of indigence.

Houston, Leonard v. State, COCA Case No. F-1998-1076, (Feb. 3, 2000)
(Jury Instructions, Fines)

Hubbard, Ronald Lavel v. State, COCA Case No. F-2005-392 (July 7, 2006) (Sentence, Excessive) Trial court abused its discretion in choosing to run sentences consecutively. Sentences modified to be served concurrently.

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.

Hudson, James Michael v. State, COCA Case No. F-2003-1266 (December 21, 2004)
(Judge, Recusal; Ineffective Assistance of Counsel; Sentence, Abuse of Discretion) Sentences modified to run concurrent because of judicial bias. Trial counsel ineffective for failing to ask judge to recuse. Prejudice found in consecutive sentences.

 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.

Hudson, Zachary Michael v. State, COCA Case No. F-2005-440 (August 15, 2006)
(Sentencing) Trial courtís refusal of requested instruction regarding the requirement that the defendant serve 85 percent of sentence resulted in modification of 20 year sentence for manslaughter to 15 years, with the $10,000 fine unchanged.

Hulbutta, Matthew v. State, COCA Case No. M-2000-115, (Jan. 31, 2001)
(Information defective)

Hunter, Ricky Louis v. State, COCA Case No. F-2007-856 (October 10, 2008)
(Double Jeopardy/ Double Punishment) Convictions for lewd or indecent proposal and using a computer to commit the offense violated Section 11 prohibition against double punishment.

Hurst, Anthony Marnette v. State, COCA Case No. F-2006-191 (October 10, 2007)
(Sentence, Excessive; Jury Instructions, Other) Jury should have been instructed on applicability of 85% rule. Remanded for re-sentencing.

 

 

- I, J -

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.

Izon, Cynthia Fern v. State, COCA Case No. F-2006-648 (December 19, 2007)
(Jury Instructions, Misleading/ Confusing) Jury erroneously instructed on range of punishment. Sentence modified.

Jacks, Shawn William v. State, COCA Case No. F-2003-315 (June 21, 2004)
(Ineffective Assistance of Counsel) Defense counselís theory of the case was tantamount to confessing guilt. Reversed and remanded for new trial

Jackson, Gregory Lee Jr. v. State, COCA Case No. F-2002-1444 (March 12, 2003)
(Jury Instructions - Lesser Included Offenses) Plain error found in failure to instruct jury on lesser-included offense of driving while impaired in DUI case. Reversed for new trial.

Jackson, John v. State, COCA Case No. F-1998-825, (Aug. 24, 1999)
(Jury Instructions, Self Defense, Right to Remain Silent)

Jackson, Kenneth Kelmer v. State, COCA Case No. F-2004-184 (January 21, 2005)
(Double Jeopardy/Double Punishment) Convictions for both Accessory after the Fact and Knowingly Concealing Stolen Property based upon one act violate statute against double punishment. Concealing conviction reversed with instructions to dismiss.

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 courtís 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.

James, Henry Jr. v. State, COCA Case No. F-2012-559 (February 26, 2014)
(Double Jeopardy/Double Punishment) Possession of two types of drugs in same container can only result in one conviction. Conviction for possession of marijuana reversed with instructions to dismiss.

James, Kenneth Ray v. State, COCA Case No. F-2003-1421 (August 11, 2006)
(Prosecutorial Misconduct) Argument indicating jurors had a civic duty to find for the State was improper. No objection lodged, but sentence modified.

James, Larry v. State, COCA Case No. F-1998-654, (July 22, 1999)
(Evidence, Sufficiency, Obstructing an Officer)

James, Vernon Leroy v. State, COCA Case No. F-2008-1095 (October 20, 2009)
(Prosecutorial Misconduct) Prosecutorial Misconduct in argument and admission of evidence required modification. Prosecutor engaged in argument in opening statement; appealed to jury sympathy during closing argument; 18 photographs were unnecessarily cumulative. Sentence modified to 45 years.

Jeffery, Jermaine Darnell v. State, COCA Case No. F-2009-335 (July 16, 2010)
(Double Jeopardy/Double Punishment) Plain error occurred when the trial court entered convictions for first degree felony murder and the underlying felony. Count for shooting with intent to kill reversed with instructions to dismiss.

Jennings, Terry Wayne v. State, COCA Case No. F-2001-1028 (October 23, 2002)
(Search and Seizure) Conviction for trafficking drugs reversed with instructions to dismiss. Trial court erred in finding that search warrant, based on specific factual information by a confidential informant without additional evidence of reliability, was valid.

Jethroe, Derrick L. v. State, COCA Case No. F-2001-503 (July 3, 2002)
(Excessive Sentence. Error to charge Appellant after former conviction because the preliminary hearing magistrate sustained the demurrer to the supplemental information. Affirmed but sentence modified from 35 years to 20 years.)

Jasper, Dewight Dejuan v. State, COCA Case No. F-2013-36 (April 22, 2014)
(Jury Instructions, Misleading/Confusing) Plain error occurred when trial judge incorrectly instructed the jury as to the sentencing range for First Degree Robbery. Sentence modified.

Johnson, Anthony Jerome v. State, COCA Case No. F-2004-1226 (May 1, 2006)
(Double Jeopardy/ Double Punishment) Convictions for eluding an officer and obstructing an officer arising from one act violate statutory prohibition against double punishment. Obstruction count reversed with instructions to dismiss.

Johnson, Armand Rashawn v. State, COCA Case No. F-2008-763 (July 24, 2009)
(Due Process; Jury Selection) Trial court abused his discretion in the manner voir dire was conducted; and with premature comments about the deliberation process which effectively became a pre-emptive Allen charge. Reversed and remanded for new trial.

Johnson, Booker James Jr. v. State, COCA Case No. F-2003-673 (September 1, 2004)
(Jury Instructions, Misleading/Confusing; Sentence, Excessive) Error in instructing on incorrect range of punishment requires modification of sentence. Error in charging under broad rather than specific statute results in modification of fine.

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.

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.

Johnson, Darrell Robert v. State, COCA Case No. F-2003-1084 (October 31, 2005)
(Jury instructions, Other; Jury Deliberations) Deliberations after one juror backed out of verdict were coercive under circumstances of case. Trial judge failed to give OUJI deadlocked jury instruction after poll revealed need for further deliberations. Reversed and remanded for new trial.

Johnson, Dondre Columbus v. State, COCA Case No. M-2003-495 (February 12, 2004)
(Fines, Fees & Costs) Assessment of court costs excessive due to method of calculation. Remanded for Nunc Pro Tunc order correcting amount of costs.

Johnson, Jerry v. State, COCA Case No. F-2008-538 (June 17, 2009)
(Bench Trial) Record failed to show a knowing and intelligent waiver of the right to a jury trial. Reversed and remanded for new trial.

Johnson, Jeffery Robert v. State, COCA Case No. F-2009-399 (April 15, 2011)
(Jury Instruction, Misleading/Confusing) Defense objected at trial to modified OUJI instruction that had the effect of confusing the issue regarding the defense of property and identification of the aggressor in the case. Modified instruction had the effect of denying the accused his defense. Reversed and remanded for new trial.

Johnson, Mark Wayne v. State, COCA Case No. F-2004-914 (March 28, 2006)   
(Ineffective Assistance of Counsel) Reversed for new trial based on trial counselís failure to hire appropriate experts, violation of in limine ruling, failure to make offers of proof and ensure proper record made of bench conferences, failure to provide authority to trial court and failure to properly cross-examine witness.

Johnson, Marlon L. v. State, COCA Case No. F-2002-1339 (September 2, 2003)
(Information, Defective) Failure to distinguish the allegations of rape contained in Count 1 from the allegations of rape contained in Count 3 made it impossible to verify whether the verdict in Count 3 was unanimous. Jury acquitted one count and convicted on the other. Count 3 reversed and remanded with instructions to dismiss.

Johnson, Paul Nathan v. State, COCA Case No. F-2001-1517 (October 24, 2002)
(Fines, Fees and Costs) Conviction and sentence for Possession of Methamphetamine Within 1000 Feet of a school affirmed but $10,000 fine was vacated because it was not authorized by law.

Johnson, Sean M. v. State, COCA Case No. F-1999-1465, (Feb. 8, 2001)
(Jury Instructions, Contradictory)

Jones, Heather Ann v. State, COCA Case No. F-2012-703 (June 12, 2014)
(Double Jeopardy/Double Punishment) Underlying felony for both felony murder and conjoint robbery was same conduct. Count of conjoint robbery reversed with instructions to dismiss.

Jones, Lonny Boyd v. State, COCA Case No. F-2002-690 (August 27, 2003)
(Double Jeopardy/Double Punishment; Fines, Fees and Costs or Jury Instructions - Misleading) Convictions for both Resisting and Officer and Assault & Battery on a Police Officer constituted double punishment. Trial courtís punishment instructions were erroneous in applying a superseded version of the sentence-enhancement statute, and in combining it with a fine provision from the Uniform Controlled Dangerous Substance Act.

Jones, Ralph Emerson, Jr. v. State, COCA Case No. F-2005-619 (March 7, 2006)    (Jury Selection; Due Process) Failure to afford defendant the statutorily-set 5 peremptories is a structural error, not subject to harmless error review. Reversed and remanded for new trial.

Jones, Robert Larue v. State, COCA Case No. F-2006-1339 (March 27, 2008)
(Jury Instructions; Other) Trial court failed to instruct on alibi defense on basis that only evidence of alibi was the defendantís testimony. Reversed and remanded for new trial.

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-2003-193 (February 17, 2004)
(Sentence - Excessive) Sentence exceeded the range of punishment; sentence modified.

 

 

- K, L -

Keelin, James v. State, COCA Case No. M-2000-1482 (Nov. 21, 2001)
(Insufficient Evidence; transportation of opened container of alcoholic beverage)

Kemp, Dewayne Edward v. State, COCA Case No. F-2012-622 (October 15, 2013)
(Double, Jeopardy/Double Punishment) Running sentences concurrently does not cure error of double jeopardy/double punishment when defendant convicted for Felony murder in the commission of First Degree Burglary and First Degree Burglary.

Kennedy, Eddie
v. State, COCA Case No. F-1999-664, 665, (May 26, 2000)
(Cross-Examination, limitation improper)

Kerstein, Kenneth v. State, COCA Case No. F-1998-1492, (Nov. 18, 1999)
(Failure to warn of dangers of proceeding Pro Se)

Kessee, John Fitzgerald v. State, COCA Case No. F-2004-989 (February 2, 2006)
(Prosecutorial Misconduct; Sentence, Excessive) Plain error for prosecutor discuss length of prior sentences in relationship to the dates of convictions. Parole improperly considered during sentencing deliberations. Sentence modified

Kibbe, Christopher Lyn v. State, COCA Case No. F-2011-1059 (October 25, 2013)
(Sentence, Excessive) Sentence modified because it exceeded the maximum

King, Ronald Lee v. State, COCA Case No. F-2003-583 (May 26, 2004)
(Fines, Fees and Costs) Trial court erred in mixing the punishment provisions of habitual offender statute and the Uniform Controlled Dangerous Substance Act. Fine modified.

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.

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.

Kirk, Eugene v. State, COCA Case No. F-2001-278 (July 9, 2002)
(Double Punishment; Jury Instructions. Convictions for Domestic Abuse and Assault and Battery with a Dangerous Weapon arising from one act violate statutory protections against multiple punishment. Trial court erred in refusing to give requested instructions on impeachment by prior bad acts when witness admitted to perjury in a prior trial. Error ruled harmless beyond a reasonable doubt due to substantial evidence. Count II: Domestic Abuse After Former Conviction of Domestic Abuse reversed and remanded with instructions to dismiss.)

Kirkpatrick, Robert v. State, COCA Case No. F-2000-1157, (Oct. 12, 2001)
(Evidence, Sufficiency, A & B with Dangerous Weapon; Self-Defense; Security Guard)

Kishore, Sundeep, COCA Case No. F-2005-659 (August 2, 2006)
(Restitution) Restitution order ($100,000) vacated and remanded for new hearing; State failed to file statutorily-required form, and amount of restitution was not determined to a reasonable degree of certainty.

Klein, Ronald Bruce v. State, COCA Case No. M-2002-263 (April 9, 2003)
(Sentence - Excessive; Fines, Fees & Costs) Under the circumstances, including Appellant's rejection of offers of suspended sentences, Appellant's sentence modified to sixty (60) days, with the sentences and all fines and costs suspended.

Knight, Joseph Lee Rick v. State, COCA Case No. F-2003-1078 (September 29, 2004)
(Fines, Fees and Costs) Costs assessed for counts not resulting in conviction vacated.

Knox, Kenneth Clark v. State, COCA Case No. F-2009-149 (March 16, 2010)
(Sentence, Excessive) Trial court exceeded its authority in sentencing defendant to three years post-incarceration supervision. Offense committed before statute allowing post-incarceration supervision took effect. Remanded for nunc pro tunc to remove this provision from the J&S.

Knutson, Fredrick Bruce v. State, COCA Case No. M-2013-73 (April 10, 2014)
(Evidence, Sufficiency) Zoning violations reversed to dismiss for insufficient evidence.

Lamar, Robert Anthony v. State, COCA Case No. F-2000-1262, (December 13, 2001)
(Jury InstructionsĖ Lesser Included Offense; Theory of Defense)

Lamb, Oscar Lee v. State, COCA Case No. F-2002-1370 (December 2, 2003)
(Evidence - Expert Testimony) Admission of expert testimony regarding truthfulness of victim was plain error. Two counts of rape by instrumentation reversed for new trial.

Langley, Marty Lee v. State, COCA Case No. F-2012-639 (October 23, 2013)
(Prosecutorial Misconduct) Error in Stateís failure to elect which alleged incident upon which it was relying for conviction, thus depriving defendant of right to unanimous verdict. Reversed and remanded for new trial.

Lathrop, Billy Dale v. State, COCA Case No. F-2004-82 (March 29, 2005)
(Sentence, Excessive) Three counts for child endangerment dismissed because statute criminalizing conduct was passed after the conduct occurred.

Lawler, Mark J. v. State, COCA Case No. F-2012-437 (May 6, 2013)
(Pro Se) Reversed and remanded for new trial; Defendant should have been allowed to represent himself under Faretta.

Layman, Clonnie A. v. State, COCA Case No. F-2004-198 (February 28, 2005)
(Jury Selection) Trial court erred in not requiring State to assert a race-neutral reason for excluding a juror with a peremptory challenge. Reversed and remanded for new trial.

Ledgerwood, Thomas Clinton v. State, COCA Case No. F-2008-579 (August 19, 2009)
(Double Jeopardy/ Double Punishment) Facts that gave rise to the charge of kidnapping were inseparable from the facts comprising charges of Maiming and Domestic A&B. Kidnapping count reversed and dismissed.

Lee, Earnest Alphonzo v. State, COCA Case No. F-2004-643 (August 26, 2005)
(Jury Instruction, Misleading/Confusing; Sentence, Excessive) Jury misinstructed regarding range of punishment. Sentence modified.

LeFlore, Tuydale Eugene v. State, COCA Case No. F-2006-114 (March 8, 2007)
(Sentence, Excessive) Sentence modified under Anderson rule requiring instruction on the 85 percent rule.

Leggett, Lourinda (Givens) v. State, COCA Case No. F-2000-321 (July 15, 2003)
(Ineffective Assistance of Counsel) Trial counsel ruled ineffective for failing to use expert to substantiate battered woman theory at trial. Reversed and Remanded for new trial.

Letterman, Jimmy Douglas v. State, COCA Case No. F-2005-987 (December 4, 2006)
(Double Jeopardy/ Double Punishment) Convictions for possession of marijuana and methamphetamine violate the constitutional prohibition against multiple punishments even though the illegal substances were found in separate caches. Count for marijuana possession dismissed.

Lewis, Marion v. State, COCA Case No. F-2004-577 (December 22, 2005)
(Pro Se, Continuance) Trial Courtís refusal to grant a continuance deprived defendant, proceeding pro se, of the ability to call witnesses and to present a defense. Reversed and remanded for new trial.

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 Courtís 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.

Locust, Johnny Freddy v. State, COCA Case No. F-2004-997 (April 3, 2006)  
(Jury Instructions, Other; Sentencing) Since the case was pending on direct review when Anderson was decided, the jury should have been informed of the 85% rule. Sentence modified sua sponte based on the "principle of equal treatment among similarly situated Appellants whose cases are pending on direct review."

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 prosecutorís closing argument, which "improperly and unmistakably called to the juryís 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.

Lopez, Jacqueline E. v. State, COCA Case No. S-2008-53 (July 1, 2008)
(Evidence, Sufficiency) Magistrateís decision to sustain demurrer affirmed.

Lowe, Jack Albert v. State, COCA Case No. F-2000-897, (Sept. 21, 2001)
(Evidence, Sufficiency, Rape modified to Lewd Molestation)

Luck, Larry Gene v. State, COCA Case No. M-2010-1026 (December 1, 2011)
(Restitution) Remanded for proper determination of restitution.

Luttrell, Jimmy Dale v. State, COCA Case No. M-2007-62 (January 7, 2008)
(Evidence, Sufficiency) Domestic Assault and Battery case dismissed because defendantís wife (alleged victim) did not testify, and trial court sustained the hearsay objection to the police officerís testimony and report.

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.

Lynn, Ernest, COCA Case No. F-2003-1136 (November 9, 2004)
(Jury Instructions - Theory of Defense) The Court held a convicted felon should be allowed to disarm an armed attacker without risk of a conviction for felonious possession. Adopted a justification defense in which a convicted felonís possession of a weapon under exigent circumstances is justified and the conduct should not be declared criminal.

 

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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.

Mackey, Alishia Faith v. State, COCA Case No. F-2005-58 (December 14, 2006)
(Double Jeopardy/ Double Punishment) Convictions for permitting child abuse and failure to report child abuse arose from same act, violating the double punishment prohibition. Failure to report count dismissed.

Mahaffey, James Lyman v. State, COCA Case No. F-2010-267 (July 19, 2011)
(Prosecutorial Misconduct; Sentence, Excessive) Prosecutor reading Bible verses that had been referenced, but not read into evidence, was plain error and prejudicial. Prosecutorís explanation of what a "life" sentence meant misstated the meaning of the 85%. Sentences modified to run concurrently.

Manous, Napolean Eugene v. State, COCA Case No. F-2009-959 (February 15, 2011)
(Fines, Fees and Costs; Jury Instructions, Misleading/Confusing) Trial court misinstructed on range of punishment regarding fine. Fine modified from $500 to $200. Remanded for Order nunc pro tunc correcting J&S to reflect jury verdict requiring treatment and credit for time served.

Malone, Gregory Kyle v. State, COCA Case No. F-2003-257 (April 15, 2004)
(Jury Instructions - Misleading/Confusing; Due Process) Trial court improperly broadened elements of crime charged. Jury Instructions were erroneous as they failed to require proof of the specific crime alleged in the Information. Count I remanded for new trial.

Marler, Jeffrey v. State, COCA Case No. F-2007-575 (September 25, 2008)
(Sentence, Excessive; Statutory Construction) Judgment on child porn modified to a violation of a more specific statute. Sentence modified.

Marks, Aaron Christopher v. State, COCA Case No. F-2005-684 (October 16, 2006)
(Sentence, Excessive; Jury Instructions, Other) Court erred in failing to instruct on the 85% Rule under Anderson. 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.

Martin, Ronnie Lee v. State, COCA Case No. F-2011-563 (September 21, 2012)
(Ineffective Assistance of Counsel) Reversed and remanded for further proceedings with competent counsel.

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.

Marquez, John Carl v. State, COCA Case No. F-2003-747 (September 10, 2004)
(Sentence, Excessive) Life sentence for Placing Bodily Fluids on Government Employee is excessive and modified to 30 yearsí imprisonment.

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.

Martin, Dustin Kyle v. State, COCA Case No. F-2012-1029 (July 31, 2014)
(Juror Instructions, Lesser Offenses; Double Jeopardy/Double Punishment) Error to convict for Second Degree Murder and Accessory to Second Degree Murder for the same homicide. Accessory count reversed with instructions to dismiss.

Martin, Robert Leroy v. State, COCA Case No. F-2001-655 (June 6, 2002)
(Sentence - Excessive. Consecutive sentences imposed on three crimes that fall within the mandatory sentence provision shocks the conscience of the court. Judgment affirmed but sentences are modified to run concurrently.)

Martin, Solly Lee, Sr. v. State, COCA Case No. F-2004-816 (March 8, 2006)  (Sentence, Excessive) Sentences modified to run concurrently due to improper victim impact evidence.

Martin, Todd v. State, COCA Case No. F-99-723 (May 15, 2000)
(Discovery violation, sanction barring defense witnesses too harsh)

Masters, Joshua Lee v. State, COCA Case No. F-2004-63 (October 19, 2004)
(Sentence, Excessive) Trial court used sentencing range for crime that State neither alleged nor proved. Remanded for new sentencing under proper range and correction of judgment to Second Degree Rape by Instrumentation.

Matson, Keith William v. State, COCA Case No. F-2004-1124 (March 10, 2006)    (Bench Trial; Ineffective Assistance of Counsel) Trial court committed reversible error when it deprived defendant of his right to a closing argument and when it pronounced verdict in defendantís absence. Trial counsel was ineffective for failing to protect clientís rights. Reversed and remanded for new trial.

Maxwell, Montain Lamont v. State, COCA Case No. F-2001-1514 (March 20, 2003)
(Ineffective Assistance of Counsel) Prosecutor cross-examined Appellant about post-arrest silence. "It is fundamentally unfair and a deprivation of due process to allow the arrested person's silence to be used to impeach an explanation subsequently offered at trial." Trial counsel's failure to object to prosecutor's misconduct amounted to IAC. Reversed and remanded for new trial.

Mayes, Lawrence Lugineus v. State, COCA Case No. F-2005-737 (September 26, 2006)
(Sentence, Excessive; Due Process) Trial court should have informed jury, after a question arose during Second Stage Deliberations, that charge was an 85% crime. Sentence modified

Mays, Jerry Lee v. State, COCA Case No. F-2005-422 (April 26, 2006)  (Sentence, Excessive; Jury Instructions, Other) Court erred in failing to instruct on the 85% Rule under Anderson. Sentences modified.

McBrayer, Patrick v. State, COCA Case No. F-1998-375, (May 21, 1999)
(Evidence, Coercion of Jailhouse Informant, Trial Court Bias)

McCandless, Shelly v. State, COCA Case No. F-2000-1241, (Oct. 3, 2001)
(Double Jeopardy/Double Punishment; two of three counts of Possession of CDS reversed to dismiss)

McCartney, Benny Paul v. State, COCA Case No. F-2004-1002 (October 26, 2005)
(Double Jeopardy/ Double Punishment) Convictions for Possession of Methamphetamine w/ Intent to Distribute and Possession of CDS violate double punishment provisions. Dissent clarifies that the Court finds double punishment even where multiple charges are filed under different statutes in the drug code.

McLaren, Kevon Andra Robe v. State, COCA Case No. F-2012-1126 (December 19, 2013)
(Double Jeopardy/Double Punishment; Sentencing, Excessive) Convictions for both kidnapping and robbery violated prohibition against multiple punishments. Kidnapping count reversed and dismissed.

McCollum, William v. State, COCA Case No. F-2001-528 (November 21, 2002)
(Ineffective Assistance of Counsel) Trial counsel failed to cross examine bias of two state's witnesses, even though the bias was apparent from transcript of earlier trial (which ended in a mistrial). Reversed and remanded for new trial.

McCormick, Robert Claude v. State, COCA Case No. F-2007-165 (April 29, 2008)
(Sentence, Excessive; Jury Instructions, Misleading/Confusing) Error in instruction did not contribute to verdict, but could have contributed to sentence. Life sentences modified to run concurrently instead of consecutively.

McCorvey, Eligah v. State, COCA No. F-99-806, ( October 6, 2000)
(First Degree Murder, Evidence, Hearsay, Improper Limitation of Cross Examination; Cumulative Error)

McCosar, Anthony Wayne v. State, COCA Case No. F-2008-432 (June 17, 2009)
(Jury Instructions, Misleading/Confusing) $20,000 fines vacated due to improper jury instruction mandating imposition of fines.

McCoy, David Deontae v. State, COCA Case No. F-2009-129 (July 27, 2010)
(Jury Instructions, Misleading/Confusing) Plain error found in failure to instruct on an essential element of the offense. Count for A&B with Dangerous Weapon reversed and remanded for new trial.

McCullough, James v. State, COCA Case No. F-2000-880, (Sept. 19, 2001)
(Sentence, Enhancement, Error in admission of non-drug prior deferred sentence under drug statute)

McFarland, Todd Wayne v. State, COCA Case No. F-2006-17 (November 14, 2007)
(Prosecutorial Misconduct; Jury Instructions, Misleading/Confusing) Sentence modified to vacate fine due to improper prosecutorial argument and erroneous instruction which indicated a fine was mandatory.

McGowan v. District Court of McIntosh County, COCA Case No. P-98-508 (August 5, 1998)
(District Court loses jurisdiction of stateís Rule 6 appeal after 20 days)

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.

McGee, Dusty Ray v. State, COCA Case No. F-2008-434 (July 24, 2009)
(Jury Instructions, Misleading/Confusing) Jury questions indicated confusion over first and second degree murder, and trial court did not properly respond to question regarding applicability of 85% rule to second degree murder. Reversed and remanded for new trial.

McHam, Harold Edward v. State, COCA Case No. F-2001-46 (February 27, 2002)
(Fines, Fees and Costs; EvidenceĖ Insufficient)

McKee, Ronald v. State, COCA Case No. F-1999-36, (Jan. 26, 2000)
(Jury Selection, Batson issue)

McKinney, Jerry v. State, COCA Case No. F-99-925 (June 20, 2000)
(Right to Present Defense, First Degree Murder, improper limitation of evidence)

McManus, Jerry v. State, COCA Case No. F-2000-912, (July 10, 2001)
(Jury Instructions, missing element)

McNeil, Delbert Earl Jr. v. State, COCA Case No. F-2004-197 (June 8, 2005)
(Prosecutorial Misconduct; Evidence, Other Crimes) Evidentiary harpoons and ďgrossly improperĒ 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.

Mead, Sherri Lynn v. State, COCA Case No. M-2003-513 (January 26, 2004)
(Fines, Fees and Costs) Fine imposed was in excess of statutory maximum.

Meadows, James Dean v. State, COCA Case No. F-2003-189 (September 30, 2004)
(Discovery) Trial court erred in denying Appellantís motion to suppress videotaped statements made as a result of an illegal arrest and taken in violation of Miranda rights.

Meadows, Joe Dean v. State, COCA Case No. F-2003-196 (September 30, 2004)
(Sixth Amendment; Discovery) Sixth Amendment violated when trial court allowed admission of codefendantís confession implicating Appellant. Trial court erred in denying Appellantís motion to suppress videotaped statements made as a result of an illegal arrest and taken in violation of Miranda rights.

Medlin, Saundra Kaye v. State, COCA Case No. F-2001-558 (June 27, 2002)
(Jury Instructions - Lesser Offenses. Giving First Degree Manslaughter instruction over the objection of Appellant constituted error requiring reversal. Battered woman tried for murder sought verdict for murder or acquittal. Conviction for Heat of Passion Manslaughter reversed and remanded with instructions to dismiss.)

Melonakis, Stephen Eldridge v. State, COCA Case No. F-2002-233 (July 21, 2003)
(Sentence, Excessive) Right to equal protection of law was not violated when trial court failed to grant credit for time served prior to trial. Sentence modified to reflect credit for time served awaiting appeal in the interests of justice.

Merrick, Anthony Logan v. State, COCA Case No. F-2005-569 (October 19, 2006)
(Sentence, Excessive; Double Jeopardy/ Double Punishment) Multiple images contained on a single recording or disk do not necessarily support multiple counts of possession of child pornography. Two convictions sustained because there were two children involved in different images.

Merrill, Charles Ardell Jr. v. State, COCA Case No. F-2002-1377 (August 26, 2003)
(Jury Deliberations) Reversed and remanded for new trial because trial judge allowed jury to separate, over defense objection, after deliberations had begun.

Miller, Dennis Lynn v. State, COCA Case No. F-2011-877 (January 7, 2013)
(Evidence, Sufficiency) Count of A&B with Dangerous Weapon reversed with instructions to dismiss - shoving someone into a dresser (causing bruising at most) did not make the dresser a "dangerous weapon."

Miller, Donald v. State, COCA Case No. F-2000-692, (May 10, 2001)
(Excessive Sentence, modified from consecutive to concurrent)

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.

Mills, Alfred Junior v. State, COCA Case No. F-2004-935 (August 27, 2007)
(Sentence, Excessive; Jury Instructions, Other) Jury should have been instructed on applicability of 85% rule, even though trial occurred prior to Courtís published decision in Anderson. Sentence modified on Petition for Rehearing.

Mintz, Saul E. v. State, COCA Case No. F-2005-1057 (July 11, 2006) (Sentence, Excessive; Jury Instructions, Other) Plain error occurred when trial court failed to instruct on the 85% rule. Sentences modified.

Mitchell, Emanuel D. v. State, COCA Case No. F-2011-606 (June 20, 2013)
(Sixth Amendment; Pro Se) Trial court erroneously denied defendantís request to proceed pro se. First Degree Murder reversed and remanded for new trial.

Mitchell, Leroy Jr. v. State, COCA Case No. F-2005-874 (September 19, 2006)
(Sixth Amendment) Admission of testimonial hearsay violated right to confrontation. Reversed and remanded for new trial.

Modesto, Carlos Gomez v. State, COCA Case No. F-2002-1041 (August 7, 2003)
(Double Punishment) Convictions for trafficking in methamphetamine and cocaine violated prohibition against double punishment.

Mondier, William Forrest v. State, COCA Case No. F-2001-434 (June 5, 2002)
(Jury Instructions - Misleading/ Confusing; Double Jeopardy/ Double Punishment. Conviction for Maintaining a Place Resorted to by Users of CDS reversed with instructions to dismiss because "nothing in the record shows the trier of fact specifically Appellant 'knowingly or intentionally' committed the offense. Jury instruction omitted element of "knowingly" or "intentionally". Also, under the "same evidence" test, possession of marijuana and methamphetamine was a single offense. Marijuana possession reversed with instructions to dismiss.)

Monroe, Jerome v. State, COCA Case No. F-2006-352 (May 7, 2007)
(Sentence, Excessive) Jury should have been instructed on 85% rule. Reversed and remanded for resentencing.

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.

Moore, Beverly Michelle v. State, COCA Case No. F-2006-63 (June 11, 2007)
(Sentence, Excessive) Sentence for Murder, I modified from LWOP to Life based on failure to instruct regarding the 85% rule.

Moore, Charles Edward, Jr. v. State, COCA Case No. F-2004-1081 (March 28, 2006)  
(Double Jeopardy/Double Punishment) Convictions for Possession of a Firearm, After Former Conviction of a Felony and Robbery with a Firearm violate a statutory prohibition against double punishment. Firearm charge dismissed.

Moore, Daniel Allen v. State, COCA Case No. F-2004-1188 (October 19, 2006)
(Sentence, Excessive; Jury Instructions, Confusing/ Misleading) Remanded for resentencing where trial court failed to instruct on punishment range for murder.

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.

Moore, Phillip v. State, COCA Case No. F-98-647 (November 3, 1999)
(Double Jeopardy/Double Punishment; Possession CDS & Manufacturing CDS)

Moore, Tommie Joe v. State, COCA Case No. F-2012-168 (May 6, 2013)
(Fines, Fees and Costs) Fine modified from $25,000 to $10,000.

Morgan, Paul Delmer v. State, COCA Case No. F-2003-717 (October 21, 2004)
(Sentence, Excessive) Trial court improperly combined sentencing enhancement provisions of Titles 21 & 63. Conviction affirmed but sentence modified from Life + $100,000 fine to 20 years imprisonment + $10,000 fine.

Morgan, Vernon v. State, COCA Case No. F-1998-624, (Sept. 1, 1999)
(Evidence, Sufficiency, Burglary of Automobile, no breaking)

Morris, Rhonda v. State, COCA Case No. F-1999-1374, (Dec. 11, 2000)
(Evidence, Sufficiency, Rape, lack of penetration)

Morrison, Waymond George v. State, COCA Case No. F-2009-749 (May 12, 2011)
(Double Jeopardy/Double Punishment) Convictions for Distributing CDS and Possession of Proceeds arose from the same act of selling cocaine. Count for Possession of Proceeds reversed with instructions to dismiss.

Morphew, Kristopher Lee v. State, COCA Case No. F-2007-201 (October 10, 2008)
(Jury Instructions, Misleading/Confusing) Jury instruction on the crime of second-degree "depraved mind" murder was flawed. Plain error resulted in reversal and remand for new trial.

Mullins, Jimmy Lee v. State, COCA Case No. F-2001-281 (April 22, 2002)
(Double Jeopardy/Double Punishment; Convictions for both leaving the scene of a fatality accident and leaving the scene of an injury accident when there was only one accident violated double punishment prohibitions. Count for leaving the scene of an injury accident remanded with instructions to dismiss.)

Mullins, Tommy W. v. State, COCA Case No. F-2003-505 (March 29, 2004)
(Jury Instructions - Misleading/Confusing) Jury incorrectly instructed on the elements necessary for felony conviction of Maintaining a Place for Keeping/Selling Controlled Substances. Reversed and Remanded for new trial.

Murphy, Christopher Ray v. State, COCA Case No. F-2003-1163 (December 28, 2004)
(Sentence, Excessive) Sentences modified to run concurrently rather than consecutively.

Muzny, Samuel Leroy v. State, COCA Case No. F-2000-1078, (January 2, 2001)
(Search & Seizure)

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.

Myrie, Antonio Catalino Jr. v. State, COCA Case No. F-2009-1142 (September 1, 2011)
(Sixth Amendement; Abuse of Discretion) Trial courtís denial of continuance and failure to ensure counsel were provided preliminary hearing transcripts prior to trial resulted in denial of transcripts to defendant constitutionally entitled to them. Also abuse of discretion found in joinder of two separate cases arising from property crimes more than two months apart. Reversed and remanded for new trial.

Myrie, Antonio Catalino v. State, COCA Case No. F-2013-137 (May 7, 2014)
(Jury Instructions, Misleading/Confusing; Fines, Fees and Costs) $10,000 fine vacated because of erroneous jury instructions.

 

- N-

Nahwooksy, Jonathan Bear Robe v. State, COCA Case No. F-2012-236 (December 5, 2013)
(Prosecutorial Misconduct; Sentencing, Excessive) Prosecutor appealed to sympathy for victim and portrayed investigating officer and herself as "champions of the victim and of justice." Sentence modified.

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 courtís 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.

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.

Newton, David Jewel v. State, COCA Case No. F-2002-1546 (January 9, 2004)
(Jury Selection; Ineffective Assistance of Counsel) Failure to excuse police officer from sitting on jury was error by the trial court and IAC. Conviction for Rape and 458 year sentence reversed and remanded for new trial.

Nicholson, Jeremy Dion v. State, COCA Case No. M-2006-370 (July 18, 2007)
Double Jeopardy/ Double Punishment) Five of six counts of contempt of court reversed and remanded with instructions to dismiss.

Nimmo, Eric Matthew v. State, COCA Case No. F-2005-522 (August 3, 2006)
(Sentencing) Error in admission of transactional prior felonies warranted modification from 35 years to 25 years. State argued for jury to punish the defendant as a "three-time convicted felon, when two priors were transactional."

Noble, Steven Edward v. State, COCA Case No. F-2002-1540 (June 23, 2004)
(Ineffective Assistance of Counsel; Jury Instructions - Misleading/Confusing) Trial Counsel failed to present available evidence to negate an element of the charged offense. Trial court erred in instructing on the range of punishment for possession of firearm afcf. Sentences modified to run concurrently rather than consecutively.

Noble, Terriss Donahue v. State, COCA Case No. F-2004-1065 (August 12, 2005)
(Evidence, Vouching; Prosecutorial Misconduct) Welfare worker improperly testified that victim was truthful; trial court erred in denying requested instruction on impeachment; prosecutor improperly referred to defendant as a ďmonster.Ē Cumulative effect of errors required reversal. Reversed and remanded for new trial.

Nosak, Joshua Paul v. State, COCA Case No. F-2011-1045 (April 5, 2013)
(Sentence, Excessive) Remanded for nunc pro tunc so that J&S reflects certain sentences to be served concurrently instead of all running consecutively (to conform to oral pronouncement of sentence.)

Nuckols, Jackie  v. State, COCA Case No. F-99-1615 (April 18, 2001)
(Cumulative Error, other crimes, stale prior convictions, deficient performance by counsel)

Nye, James Newton v. State, COCA Case No. F-2005-41 (May 22, 2006) (Sentence, Excessive; Prosecutorial Misconduct) Modification required because sentence was excessive and because of prosecutorial misconduct - namecalling, arguing issues of parole, arguing "guilt by association", and improper bolstering. Sentence modified from 60 years to 20 years.

 

 

- O, P - 

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 juryís verdict.

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.

Okyere, Jaumon Mondell v. State, COCA Case No. F-2006-1055 (December 17, 2007)
(Jury Instructions, Misleading/ Confusing) Child neglect count reversed with instructions to dismiss for failure to instruct on disputed element of the offense.

OíNeal, Johnny Sanders IV v. State, COCA Case No. F-2012-226 (October 15, 2013)
(Prosecutorial Misconduct) Sentence modified upon finding of plain error for injection of parole/probation into sentencing decision.

Orcutt, Daniel  v. State, COCA Case No. F-98-1135 (December 8, 1999)
(Jury Instructions, Lesser Offenses, First Degree Murder)

Orcutt, Daniel Kelly v. State, COCA Case No. F-2001-1529 (June 19, 2003)
(Jury Deliberations; Prosecutorial Misconduct) Reversible error occurred in allowing jury to separate during deliberations over objection. Also, prosecutor's statements on defendant's failure to testify were error. Reversed and remanded for new trial.

Orcutt, Roy Donnell v. State, COCA Case No. F-2003-1018 (June 23, 2004)
(Jury Instructions - Misleading/Confusing) Jury not properly instructed on the punishment it could assess for DUI, Second and Subsequent, based on statute in effect at time offense was committed. Sentence modified.

Ortiz, Ricardo v. State, COCA No. F-99-587, ( August 22, 2000)
(Evidence, improper admission of confession)

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.

Overstreet, John v. State, COCA Case No. F-1998-1172, (Nov. 19, 1999)
(Double Jeopardy/Double Punishment; three substances in single container)

Owen, Timmy Eugene v. State, COCA Case No. F-2006-598 (April 13, 2007)
(Sentence, Excessive; Prosecutorial Misconduct) State improperly questioned defendant about specific allegations regarding offenses for which he was imprisoned when he escaped. Sentences reversed and remanded.

Owens, Keynon Michael v. State, COCA Case No. F-2007-1151 (May 12, 2009)
(Jury Instructions, Misleading/Confusing) Murder conviction reversed for new trial, Robbery conviction affirmed. Opinion addresses apparent inconsistency in verdicts because jury acquitted defendant of the felony that was the underpinning of the felony murder charge. Court finds plain error in jury instructions regarding what was required to be proven to find felony murder, and plain error in trial courtís failure to bring jury to courtroom and follow procedure in Title 22, Section 894, after several questions indicating confusion during deliberations.

Owens, Taress Lamont v. State, COCA Case No. F-2000-862, (December 19, 2001)
(Excessive Sentence; Fines; Jury InstructionsĖMisleading)

Paddock, Joe Lynn v. State, COCA Case No. F-2003-336 (June 21, 2004)
(Prosecutorial Misconduct) Prosecutor made repeated references concerning right to remain silent and personal attacks that had no relevance except to influence the jury. Sentences on Counts I and II modified from 50 to 25 years.

Patterson, Katherine v. State, COCA Case No. M-1999-569, (Jan. 31, 2001)
(Evidence, Sufficiency, Possession of Paraphernalia)

Patton, Virginia v. State, COCA Case No. F-2000-1232, (Oct. 15, 2001)
(Double Jeopardy/Double Punishment, Second Degree Murder and Neglect of Child)

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 defendantís priors before sentencing on the misdemeanor.

Payne Tommie Loyd v. State, COCA Case No. F-2004-368 (June 10, 2005)
(Double Jeopardy/Double Punishment) Conviction for Lewd Molestation dismissed because it was a lesser included offense of conviction for rape by instrumentation.

Payton, Dara D. v. State, COCA Case No. F-2011-4 (September 6, 2012)
(Revocation/Acceleration Decisions; Sentencing) Remanded to district court with instructions to correct the Deferment Order to correctly memorialize the terms and conditions of the deferment orally pronounced by the court.

Peace, Robert Lee v. State, COCA Case No. F-2005-1145 (May 3, 2007)
(Ineffective Assistance of Counsel) Court finds "no reasonable trial strategy in defense counselís failure to claim that Appellantís prior felony convictions, occurring against the same victims on the same day in the same county of Arkansas, were transactional." Sentence modified from 35 years to 25 years.

Perry, Johnny L. v. State, COCA Case No. F-2003-44 (December 3, 2003)
(Evidence - Sufficiency;) Evidence supported other reasonable hypotheses besides Defendantís constructive possession of drugs. Evidence insufficient to prove that Defendant Possessed a Firearm in the Commission of a Felony, conviction modified.

Pettit, Eric v. State, COCA Case No. F-1999-736, (May 16, 2000)
(Sentence, Enhancement, no provision for fine)

Pettit, Rebecca R. v. State, COCA Case No. F-2005-468 (July 18, 2006) (Pro Se; Due Process) No evidence that self-representation at trial was voluntary; appointed counsel removed after a finding that defendant was no longer indigent. Reversed and remanded for new trial.

Petty, Marcus Laquine v. State, COCA Case No. F-2008-438 (June 26, 2009)
(Fines, Fees and Costs; Due Process) Remanded after trial court imposed $5,000 VCA without considering statutory factors.

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.

Phares, Donald Isaiah v. State, COCA Case No. S-2004-1009 (July 7, 2005)
(Double Jeopardy/ Double Punishment) No-contest plea to traffic ticket issued at scene of accident precluded later prosecution for negligent homicide.

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 juryís sentence for Murder I, requiring modification. Modified from LWOP to Life. Comment as to probation also required modification.

Phillips, Gary Lynn v. State, COCA Case No. F-2005-529 (December 18, 2006)
(Sentence, Excessive; Jury Instructions, Other) Considering the record as a whole, including the nature of the crime, Appellantís health, the arguments about remorse, the victim sympathy comment, jury notes, and the applicability of the 85% Rule under Anderson, the court finds the sentence excessive. Sentence modified from 50 years to 30 years and ordered to be served concurrently with other counts.

Phillips, Jimmy Allen v. State, COCA Case No. F-2004-576 (June 8, 2005)
(Prosecutorial Misconduct) Defendant denied a fair trial because of improper remarks made by the prosecutor during closing argument. Some form of relief warranted as incentive against such improper argument. Sentences modified to run concurrently.

Phipps, Ronald v. State, COCA Case No. F-2000-796, (June 20, 2001)
(Sentence, no statutory authority for fine for possession of marijuana)

Phillips, Scott Allen v. State, COCA Case No. F-2011-606 (June 20, 2013)
(Abuse of Discretion) Abuse of discretion for the district court to refuse to consider the suspension of sentence. Remanded for consideration of request for suspended sentence.

Phipps, Timothy v. State, COCA Case No. F-2003-719 (April 15, 2004)
(Sentence Enhancement; Jury Instructions - Misleading/Confusing) Sentence improperly enhanced with a prior conviction and jury was misinstructed on the minimum punishment.   Sentence modified to 10 years with 5 years suspended.

Pierson, Deitric Bernard v. State, COCA Case No. F-2004-874 (June 21, 2006)  (Sentence, Excessive; Jury Instructions, Other) Plain error occurred when trial court failed to instruct on the 85% rule. Life sentence modified to thirty years.

Pipkin, John v. State, COCA No F-99-1282, ( August 31, 2000)
(Jury Instructions, Instruction on Theory of Defense)

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.

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.

Poore, Desean Terrell v. State, COCA Case No. F-2003-22 (January 14, 2004)
(Double Jeopardy/ Double Punishment) Multiple convictions for Accessory After the Fact constitute Double punishment for a single course of action.

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.

Potts, Richard v. State, COCA Case No. F-99-127, (June 9, 2000)
(Double punishment prohibited for the single course of criminal conduct; Possession of Firearm AFCF and Shooting with Intent to Kill)

Powell, Michael v. State, COCA Case No. 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.

Price, Gene Freeman v. State, COCA Case No. F-2012-112 (February 25, 2013)
(Right to Counsel) Reversed and remanded for new trial bases on insufficient evidence that waiver of counsel was knowing and intelligent.

Prince, Rickey Dewayne v. State, COCA Case No. F-2009-1002 (December 10, 2010)
(Statutory Construction; Sentence, Excessive; Jury Instructions, Misleading/Confusing) Plain Error to not charge under specific statute which subjected Appellant to a greater potential maximum sentence. Also plain error to not instruct jury regarding penalty imposed by law for the crime on the date of its commission. Sentence modified.

Putman, Clifford v. State, COCA Case No. S-2008-176 (October 9, 2008)
(State Appeal; Search and Seizure) Trial Courtís order suppressing evidence State obtained from locked safe inside motel room where defendant was arrested upheld.

 

 

- Q, R - 

Railback Jr., Lawrence v. State, COCA Case No. F-1998-1315, (Nov. 29, 1999)
(Double Jeopardy/Double Punishment, Shooting with Intent to Kill and Attempted Robbery with Dangerous Weapon)

Randell, Guy Franklin v. State, COCA Case No. F-2001-934 (June 24, 2002)
(Judgment affirmed but the Sheriff's fees are vacated and remanded for an evidentiary hearing, where fees can be calculated in accordance with the applicable statute.)

Ranney, Warren Leon v. State, COCA Case No. S-2005-840 (May 18, 2006) (Due Process) State Appeal remanded to vacate order granting motions to dismiss and quash with instructions that when the district court rules again on the motions, that it provide some statement of the basis for the decision.

Ramos, Adan Jr. v. State, COCA Case No. F-2005-363 (June 16, 2006)  (Due Process) Waiver of Jury trial not contained in record. Reversed and remanded for a new trial.

Rash, Steven v. State, COCA Case No. F-1998-1288, (Dec. 8, 1999)
(Sentence, Enhancement, prior convictions arising from same transaction)

Rawlins, Kenneth Lee v. State, COCA Case No. F-2004-866 (August 17, 2006)

Rawlins, Ricky Dale v. State, COCA Case No. F-2004-866 (August 17, 2006)
(Jury Instructions, Lesser Offenses) Over objection, the trial court improperly instructed the jury that the offense of assault and battery with a deadly weapon was a lesser included offense of shooting with intent to kill. Convictions for assault and battery with a deadly weapon reversed for new trial.

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.

Ray, James Preston Sr. v. State, COCA Case No. F-2003-991 (May 6, 2005)
(Fines, Fees and Costs; Jury Instructions, Misleading/ Confusing) No record of request by State to proceed under 63 O.S. Supp. 2002, 2-401D and jury not instructed on any fine. Judgment and Sentence affirmed but $50,000 fine vacated.

Rayls, Leonard Allen v. State, COCA Case No. F-2008-329 (February 27, 2009) (Bench Trial, Sixth Amendment) Waiver of right to jury trial must be clear, unambiguous, knowing and intelligent, and on the record. Absent any record that the right was personally waived, the case must be remanded for new trial.

Raymond, Bradley Joe v. State, COCA Case No. F-2012-914 (November 15, 2013)
(Jury Instructions; Misleading) Jury misinstructed on punishment range. Sentence modified.

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.

Raymond, Anthony v. State, COCA Case No. F-2000-861, (June 27, 2001)
(Sentence, Excessive, modification of fine)

Reed, Andre Keith v. State, COCA Case No. F-2003-1252 (October 22, 2004)
(Sentence, Excessive) Life sentence imposed for possession of firearm, after former conviction of a felony, ďshocks our conscience.Ē Sentence modified to 20 years.

Reed, Clarence Edward v. State, COCA Case No. F-2003-405 (April 20, 2004)
(Sentence Enhancement; Jury Instructions - Misleading/Confusing) Jury was wrongly instructed that it could consider six prior convictions in determining sentence, after trial court had ruled that only three were appropriate ( the others were transactional). Sentence modified.

Resendez, Robert v. State, COCA Case No. F-1998-921, (Sept. 17, 1999)
(Evidence, Expert Testimony, vouching for truthfulness of prosecutrix)

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 residentís pickup while eluding officer. This was not res gestae to charged offense and held little, if any relevance, but "simply established Appellantís 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.

Richardson, James S. v. State, COCA Case No. F-2004-389 (March 27, 2006)   (Ineffective Assistance of Counsel) Trial counsel found ineffective for failing to discover and use exculpatory evidence. Reversed and remanded for new trial.

Richardson, Pat Lee v. State, COCA Case No. F-2005-362 (June 16, 2006)  (Sentence, Excessive) Sentence imposed for Manslaughter, 1st degree, shocks the conscious of the court. Sentence modified.

Richardson, Thomas v. State, COCA Case No. F-2000-1531, (Aug. 30, 2001)
(Sentence, Excessive, exceeded statutory maximum)

Rimmer, Robert v. State, COCA No. F-99-1317, ( October 19, 2000)
(Evidence, Sufficiency, Robbery)

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

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.

Robbins, David Wayne v. State, COCA Case No. F-2004-907 (August 5, 2005)
(Prosecutorial Misconduct) Prosecutorís sentencing stage closing arguments made unmistakable references to the pardon and parole system to Appellantís prejudice. Sentence modified.

Roberson, Lewis William v. State, COCA Case No. F-2009-398 (June 11, 2010)
(Double Jeopardy/Double Punishment) Possession of two different controlled dangerous substances should have been charged as a single account. One count reversed with instructions to dismiss.

Roberts, Tybream v. State, COCA Case No. PR-99-1327, (Jan. 14, 2000)
(Double Jeopardy, Mistrial, No Manifest Necessity)

Robertson, Kayla v. State, COCA Case No. F-2008-255 (April 3, 2009)
(Fines, Fees and Costs; Jury Instructions, Misleading/Confusing) $50,000 fine vacated due to improper instruction to jury that fine was mandatory.

Robertson, Steven Wayne v. State, COCA Case No. F-2001-313 (March 13, 2002)
(Prosecutorial Misconduct, Excessive Sentence; Persistent improper comments by prosecutor require modification of sentence.)

Robinson, Robert v. State, COCA Case No. F-1998-724, (July 29, 1999)
(Evidence, Sufficiency, Lewd Molestation, elements not proven)

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.

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.

Rogers, Donald v. State, COCA Case No. F-1999-485, (May 12, 2000)
(Evidence, Other Crimes; Sentence, Excessive)

Romero, Martin Roy v. State, COCA Case No. F-2004-268 (August 29, 2005)
(Double Jeopardy/ Double Punishment) Convictions for trafficking and using a minor to traffic methamphetamine violate the double punishment prohibition. Conviction for trafficking reversed with instructions to dismiss.

Rose, Mitchell v. State, COCA Case No. F-2000-821, (July 10, 2001)
(Sentence, Pre-Sentence Investigation required)

Rose, Virgil Clayton v. State, COCA Case No. F-2001-352 (April 12, 2002)
(Double Jeopardy/Double Punishment; Excessive Sentence; Jury Instructions- misleading/confusing; Simultaneous convictions for manufacturing and possession of methamphetamine; possession of precursor substance violated double punishment. Convictions for possession of precursor and methamphetamine reversed and remanded with instructions to dismiss. Sentence for possession of firearm modified; jury erroneously instructed on range of punishment.)

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.

Roundtree, Walter v. State, COCA Case No. F-2007-767 (September 3, 2008)
(Sentence, Abuse of Discretion) Trial courtís absolute refusal to even consider concurrent terms in the event of a jury conviction is abuse of discretion. Sentences modified to run concurrently.

Rowan, Jeffrey Eugene v. State, COCA Case No. F-2009-385 (June 3, 2011)
(Evidence, Expert Testimony) Newly discovered evidence that SANE nurse had lost her license due to prescription drug abuse (occurring at time nurse examined child and testified). COCA finds the evidence relevant to credibility and critical to juryís determination of guilt. Child Sexual Abuse, 35 years, remanded for new trial.

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.

Rucker, Edgar Lee Jr. v. State, COCA Case No. F-2000-1634 (December 20, 2001)
(Fines, Fees and Costs)

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 Courtís published decision in Anderson. Improper other crimes evidence was admitted. Accumulated errors make sentence modification appropriate.

 

- S - 

Sanders, Keandre Lee v. State, COCA Case No. F-2005-597 (July 6, 2006) (Sentence, Excessive; Jury Instructions, Other) Plain error occurred when trial court failed to instruct on the 85% rule. Sentences modified.

Sanders, Marc v. State, COCA Case No. F-1998-784, (Sept. 21, 1999) (Prosecutorial Misconduct, Closing Argument)

Sango, Muhajir A. v. State, COCA Case No. F-2002-613 (August 20, 2003)
(Jury Instructions - Misleading) Trial courtís erroneous instructions on the range of punishment required resentencing.

Satterfield, Christian v. State, COCA Case No. F-2002-106 (November 19, 2002)
(Double Jeopardy) Appellant's conviction for both Attempted Manufacture of CDS and Possession of a Precursor violated the statutory prohibition against multiple punishment. Conviction for possession reversed with instructions to dismiss.

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.

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.

Schram, Lori Jo v. State, COCA Case No. F-2004-281 (August 2, 2005)
(Restitution) Record must reflect a basis for the trial judgeís determination of a victimís loss or the decision is arbitrary and violative of Section 991a. Remanded for new hearing on restitution.

Schroeder, Larry v. State, COCA Case No. 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)

Schulze, Michael Wayne v. State, COCA Case No. F-2006-896 (July 19, 2007)
(Fines, Fees and Costs; Jury Instructions, Misleading/Confusing; ) Fines vacated on two counts due to improper instruction that implied jury must impose a fine. Error also found in misinstruction as to the maximum sentence.

Schwab, Robert Eugene v. State, COCA Case No. M-2007-192 (January 14, 2008)
(Information, Defective; Jury Instructions/ Lesser Offenses) Defendant was charged with transmitting a threatening letter, but jury found him guilty of lesser offense of Threatening by Telephone or Electronic Device. Lesser offense was not a crime at the time the e-mail in question was sent. Conviction barred by ex post facto principles. Reversed with instructions to dismiss.

Scott, Brian Tyrone v. State, COCA Case No. F-2001-998 (August 15, 2002)
(Double punishment.) Convictions for both kidnapping and forcible oral sodomy violate prohibition against multiple punishment for a single act. Conviction for kidnapping dismissed.)

Scyffore, Eddie v. State, COCA Case No. F-1997-1268, (July 7, 1999)
(Prosecutorial Misconduct, Closing Argument, reference to parole)

Seals, Shea Brandon v. State, COCA Case No. S-2011-208 (September 29, 2011)
(State Appeals; Search and Seizure) Trial courtís 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."

Seely, Don Edward v. State, COCA Case No. F-2005-640 (October 17, 2007)
(Sentence, Excessive; Jury Instructions, Misleading/Confusing) Jury misinstructed on range of punishment. Sentence modified.

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.

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.

Short, Ryan Layne & Ortuno, Victor Suarez v. State, COCA Case No. S-2005-890 (Dec19, 2006)
(Search & Seizure) State appeal from order sustaining motions to suppress and quash, and dismissing cases against defendants (drugs). Court affirmed trial court.

Simmons, Kenneth v. State, COCA Case No. F-2009-47 (February 25, 2010)
(Sentence, Excessive; Jury Instructions, Misleading/Confusing) Failure to instruct on 85% Rule in Manslaughter, 1st Degree, required remand for resentencing.

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.

Shank, Anita v. State, COCA Case No. M-2002-1195 (August 17, 2004)
(Jury Instructions, Lesser Offenses) Error for trial court not to instruct on the lesser included offense of Driving While Impaired. DUI modified to DWI and remanded for consideration of sentence modification.

Shelton, George Jr. v. State, COCA Case No. F-2004-871 (August 11, 2005)
(Sentence, Excessive) Sentence for knowingly concealing stolen property modified from 35 years to 5 years.

Shepherd, Jackie v. State, COCA Case No. F-1999-513, (Feb. 7, 2000)
(Restitution, Procedure)

Sheppard, Will v. State, COCA Case No. F-1999-14, (March 24, 2000)
(Jury Deliberations, Sequestration, separation)

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.

Simrak, Joseph Alexander v. State, COCA Case No. F-2002-772 (July 29, 2003)
(Search and Seizure) Information used to justify the warrantless arrest was obtained from sources who were not shown to be either reliable or credible. Initial arrest was illegal and the fruits of the search incident to the unlawful arrest should have been suppressed. Reversed and remanded with instructions to dismiss.

Sinclair, Luke v. State, COCA Case No. F-2004-146 (June 8, 2006)  
(Prosecutorial Misconduct; Sentence, Excessive; Jury Instructions, Other) Jury improperly influence by Prosecutionís inflammatory argument. Jury should have been informed of 85% rule. Reversed and remanded for resentencing.

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, Bonnie v. State, COCA Case No. F-2005-786 (February 14, 2007)
(Due Process; Sixth Amendment) Posting of bond presents rebuttable presumption of non-indigence, but record was insufficient to support trial courtís ruling that clients were not entitled to appointed counsel. Reversed and remanded for new trial.

Smith Jr., Charles v. State, COCA Case No. F-2000-599, (April 13, 2001)
(Restitution, modified to reflect earlier payments)

Smith, Charles Milton Sr. v. State, COCA Case No. F-2005-785 (February 14, 2007)
(Due Process; Sixth Amendment) Posting of bond presents rebuttable presumption of non-indigence, but record was insufficient to support trial courtís ruling that clients were not entitled to appointed counsel. Reversed and remanded for new trial.

Smith, James v. State, COCA Case No. F-2000-1408, (Sept. 14, 2001)
(Jury Instructions, Lesser Offenses, Tampering with Vehicle and Malicious Mischief not lesser included offenses of Burglary, no error in not giving these requested instructions)

Smith, Jody v. State, COCA No. F-2000-131, ( September 1, 2000)
(Incarceration Fees, Guilty Plea Appeal Procedure)

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: defendantís prior suspended sentence and Stateís use of this information in closing required modification. Sentence modified.

Smith, Mark Eugene v. State, COCA Case No. F-2001-231 (June 12, 2002)
(Double Jeopardy. Conviction for attempted manufacturing and possession of precursors violate protection against double punishment. Judgment and sentence reversed and dismissed.)

Smith, Ralph T. Jr. v. State, COCA Case No. F-2012-08 (July 2, 2013)
(Sentence, Excessive) Sentence for kidnapping modified because it exceeded maximum sentence under law at the time of the offense. Three counts modified to remove post-imprisonment supervision requirement, as that was not part of statutes at time of offenses.

Smith, Sean Ray v. State, COCA Case No. F-2007-543 (May 22, 2008)
(Sentence, Excessive; Jury Instructions, Misleading/Confusing) Sentence modified due to failure to properly instruct on the 85 percent issue.

Smith, Steven Leroy v. State, COCA Case No. M-2004-742 (June 7, 2005)
(Evidence, Sufficiency) Trial Court misinterpreted DUI definition of ďunder the influence.Ē Reversed with instructions to dismiss.

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.

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.

Smotherman, Gene v. State, COCA Case No. F-2000-998, ( July 10, 2001)
(Sentence, Excessive, sentence "does not bear a direct relationship to offense committed," modification)

Snodgrass, John v. State, COCA Case No. F-1998-1147, (Feb. 7, 2000)
(Sentence, Enhancement, error in combining drug and habitual offender provisions)

Soto, Albino Rosendo v. State, COCA Case No. M-2001-0393 (March 20, 2002)
(Fines, Fees and Costs; VCA reduced, amount imposed exceeded the statutory maximum.)

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 Appellantís conduct was imminently dangerous.

Sprowls, Shaun Scott v. State, COCA Case No. F-2000-1652 (March 14, 2002)
(Double Jeopardy; Convictions for both manufacturing methamphetamine and manufacturing a precursor substance violated double jeopardy provisions.)

Stanard, Jesse v. State, COCA Case No. F-1999-1084, (April 12, 2001)
(Joinder of Parties, mutually antagonistic defenses)

Stargell, Joe Nathan v. State, COCA Case No. F-2001-759 (May 16, 2002)
(Fines, Fees & Costs. Procedure used to impose incarceration fees violated ths statutory provision for imposing such fees. Sheriff's Fees vacated and remanded for evidentiary hearing, where fees can be calculated in accordance with the applicable statute.)

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. 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 Stateís burden of showing the stop was lawful. Suppression affirmed.

State v. Castillo, COCA Case No. SR-2000-339 (January 3, 2001)
(Search & Seizure; Limitation on investigation undertaken following "hot pursuit")

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 defendantís detention beyond the traffic stop. Trial courtís order granting Motion to Suppress 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 stateís argument that the exclusionary rule should not be applied to this case.

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. 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. Emerson, COCA Case No. SR-99-908 (April 4, 2000):
(Search & Seizure; Affidavit for search warrant insufficient)

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. 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. 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 Courtís 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. Campbell, James Monroe, COCA Case No. S-2012-194 (October 30, 2012)
(State Appeals; Search and Seizure) District Courtís Order granting Motion to Suppress Evidence affirmed. Case dismissed

State v. Fowler, Travis Ray, COCA Case No. S-2013-790 (July 1, 2014)
(State Appeals; Evidence, Other Crimes) District courtís ruling excluding other crimes evidence affirmed.

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. Johns, David, COCA Case No. S-2013-315 (February 21, 2014)
(State Appeals) Opinion answering Stateís 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. 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. Moyers, Larrie & Theresa, COCA Case No. S-2006-117 (August 29, 2006)
(Prosecutorial Misconduct) State appeal. Trial court dismissed new charges filed after judicial modification of sentence reached through plea bargain in the same case. Court found no abuse of discretion in trial courtís ruling that the filing of new charges was retaliatory, and affirmed.

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. 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. 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. Saylor, Christopher Cain, COCA Case No. S-2012-573 (March 14, 2013)
(State Appeals) Magistrate and reviewing judgeís 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 courtís dismissal of the count.

State v. Terry, Stephen Lee, COCA Case No. SR-2003-276 (March 30, 2004)
(Information - Defective) Court finds lewd molestation statute requires more than surreptitious filming of clothed girls at a public location.

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 Stateís theory that he inflicted injuries. Order that State cannot now argue that she inflicted the injuries stands.

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. Thornburg, Green and Krushe, COCA Case No. S-2013-694/695/696 (June 19, 2014)
(State Appeals) Bail bondsmen went into 3rd partyís home and took custody of persons for whom they had posted bond. Trial courtís decision to grant motion to dismiss kidnapping and burglary charges 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 victimís 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. 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.

Stephens, Charles v. State, COCA Case No. S-2009-567 (May 11, 2010)
(State Appeals; Evidence, Sufficiency) Magistrateís ruling suppressing evidence was final and State did not timely appeal the ruling. District Courtís reliance on that ruling to suppress additional evidence as "fruit of the poisonous tree" was not an abuse of discretion. State Appeal denied.

Stephens, Robert Mark v. State, COCA Case No. F-2002-201 (March 5, 2003)
(Sentence - Excessive) Trial judge's refusal to consider all possible sentencing options based upon a "policy" of running sentences consecutively constitutes an abuse of discretion. Sentences modified to be served concurrently.

Stevenson, Donald Eugene v. State, COCA Case No. F-2004-971 (February 6, 2006) (Sentence, Excessive) Plain error occurred in admission of exhibits detailing Appellantís prior convictions. Sentence modified.

Stewart, Lawrence Grant v. State, COCA Case No. F-2010-615 (September 1, 2011)
(Double Jeopardy/Double Punishment) Conviction of parent for child sexual abuse, in addition to convictions for individual sex offenses, constitute double punishment. Count reversed with instructions to dismiss.

Stinson, Sr., Christopher v. State, COCA Case No. F-2011-70 (February 24, 2012)
(Double Jeopardy/Double Punishment) Manufacturing cds (which was also the underlying felony for felony murder) dismissed as violating double jeopardy.

Stout, Jan v. State, COCA Case No. F-2001-319 (Nov. 29, 2001)
(Prosecutorial Misconduct; reversed for new trial)

Stout, Jesse James v. State, COCA Case No. F-2009-177 (October 8, 2010)
(Due Process; Jury Instructions, Misleading/Confusing) Trial Court erred in allowing the State to amend the Information at the close of trial because change in sentencing range was prejudicial. Counts in question remanded for a new trial.

Stratmoen v. State, COCA Case No. F-2000-292 (April 24, 2001)
(Possession of a Weapon While Committing Felony not enhanceable)

Stratmoen, Joe Edward v. State, COCA Case No. F-2002-1561 (September 25, 2003)
(Sentence - Excessive) Trial court should not have ordered Appellant resentenced on Count II, which had already been modified on previous appeal. Sentence modified to 2 years.

Strong, Joe Reaner v. State, COCA Case No. F-2009-1181 (September 2, 2011)
(Jury Instructions/Lesser Offenses) Second Degree Felony Murder with child neglect as underlying felony reversed and remanded for new trial because trial court failed to instruct on defense theory of second degree manslaughter.

Stein, Jesse Douglas v. State, COCA Case No. M-2009-1064 (November 9, 2010)
(Bench Trial) Record silent on waiver of jury trial; Stateís motion to supplement with affidavits from the trial judge, the ADA, and trial counsel was granted but deemed insufficient to show Appellant made a competent, knowing and intelligent waiver. Remanded for a new trial.

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.

Strickland, Lyle Wayne v. State, COCA Case No. F-2007-66 (December 3, 2007)
(Double Jeopardy/ Double Punishment) Convictions for running a roadblock and eluding police officer violate prohibition against multiple punishment. Eluding count dismissed.

Stone, Jimmy Dale v. State, COCA Case No. F-2012-545 (January 8, 2014)
(Jury Instructions, Misleading/Confusing) Plain error in trial courtís failure to instruct on elements of the offense. Reversed and remanded for new trial.

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 juryís ability to find defendant guilty of lesser included offense. Count for Grand Larceny modified to Petit Larceny, sentence modified to 2 years.

 

- T - 

Tanner, Twyla v. State, COCA Case No. F-2004-410 (January 4, 2006)
(Sentence, Excessive) Based on the facts and circumstances of the case, the sentence of 45 years shocks the conscience of the Court. Defendant had permission to take car from a used car lot, and drive to the bank. Instead she drove the car until it ran out of gas. Car was recovered, undamaged, 20-25 miles from the car lot. Sentence modified to 20 years.

Tate, Lonnie Wayne v. State, COCA Case No. F-2011-460 (August 13, 2012)
(Double Jeopardy/Double Punishment; Fines, Fees and Costs) Convictions for Obstructing an Officer and Resisting an Officer violated double punishment. Under the facts, Obstructing (misdemeanor) was part and parcel of the felony charge of Attempting to Elude. Resisting an Officer (misdemeanor) was part and parcel of the felony A&B on a Police Officer. Speeding and running roadblocks were not subsumed by the Attempting to Elude count. Misdemeanors reversed with instructions to dismiss. Fine for speeding also modified to statutory maximum.

Taylor, Craig LaFranz v. State, COCA Case No. F-2004-825 (November 28, 2005)
(Jury Deliberations; Sentence, Excessive) Note during deliberations demonstrated jury was influenced by extraneous prejudicial information in assessing sentence. Sentence modified form life imprisonment to 20 years.

Taylor, Joey Dean v. State, COCA Case No. S-2003-445 (October 3, 2003)
(Search and Seizure) Appeal of magistrateís order by the State affirmed. Magistrate and reviewing judge found State had not met its burden of proving that the defendant voluntarily gave consent to search vehicle after a traffic stop.

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.

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.

Terrill, Thomas v. State, COCA Case No. F-2005-527 (November 9, 2006)
(Sentence, Excessive; Jury Instructions, Other) Court erred in failing to instruct on the 85% Rule under Anderson. Sentence modified.

Terry, Keyion Kaseen v. State, COCA Case No. F-2007-432 (June 17, 2008)
(Due Process) Trial court originally granted a motion to quash the information, but then reconsidered and reinstated the charge upon which defendant was convicted. Trial court lost jurisdiction over the charge once the motion to quash was granted, and only way for prosecution to be reinstated was for State to appeal, or for a new charge to be filed. Reversed with instructions to dismiss.

Thompson, Amanda Moncella v. State, COCA Case No. F-2009-648 (August 31, 2011)
(Revocation/Acceleration Decisions; Guilty Plea Decisions) Acceleration case, but defendant not advised at the time of acceleration of right to move to withdraw the guilty plea. Defendant "properly sought an out of time certiorari appeal through a request for post-conviction relief," the matter must be remanded to allow defendant the opportunity to withdraw her plea.

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, Gary Don II v. State, COCA Case No. F-2010-288 (April 7, 2011)
(Search and Seizure) Evidence supporting conviction was the product of an unlawful detention. Officer had no particularized suspicion of criminal activity only the fact that Appellant and companion were walking in a "high crime area" Reversed with instructions to dismiss.

Thompson, Gregory Scott v. State, COCA Case No. F-2006-68 (May 22, 2007)
(Prosecutorial Misconduct; Sentence, Excessive) Murder I sentence modified from LWOP to Life because trial court erred in bifurcating Murder I trial and allowing State to present prior convictions. Also, jury should have been instructed on 85% rule.

Thompson, Kenneth Glenn v. State, COCA Case No. F-2002-202 (February 28, 2003)
(Double Punishment) Convictions for Robbery w/ a Weapon and A&B w/ a Weapon violate Section 11 prohibition on double punishment, as both crimes arose out of one act. The A&B count reversed with instructions to dismiss.

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.

Thompson, Kristy Ladell v. State, COCA Case No. F-2002-203 (February 28, 2003)
(Double Punishment) Convictions for Robbery w/ a Weapon and A&B w/ a Weapon violate Section 11 prohibition on double punishment, as both crimes arose out of one act. The A&B count reversed with instructions to dismiss.

Thompson, Valenta E. v. State, COCA Case No. F-2008-60 (May 21, 2009)
(Jury Instructions, Misleading/Confusing; Sentence, Excessive) Two counts reversed because the jury was not properly instructed on the elements necessary to support convictions.

Thompson, Wilford Carl Jr. v. State, COCA Case No. F-2008-5 (July 24, 2009)
(Sentence, Excessive) Permitting jury to consider prior convictions when determining sentence for Murder I is plain error. Sentence modified from LWOP to Life.

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.

Thornton, Jonas Alan v. State, COCA Case No. F-2011-962 (February 27, 2014)
(Judge, Recusal) Consultation with attorney who subsequently became the trial judge required the trial judge to recuse from the non-jury trial. Reversed and remanded for new trial.

Throckmorton, John Henry v. State, COCA Case No. F-2001-49 (January 7, 2002)                                                                         
(Double Jeopardy/Double Punishment)

Tiger, Travis Ray v. State, COCA Case No. F-2010-223 (February 16, 2011)
(Fines, Fees and Costs) Plain error to impose restitution without supporting evidence. Remanded for proper determination of restitution.

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.

Tillis, Damean v. State, COCA Case No. F-99-1654 (January 4, 2001)
(Evidence, Other Crimes, error in admitting prior conviction during first stage)

Tillman, Tashiro Rudy v. State, COCA Case No. F-2001-465 (June 4, 2002)
(Youthful Offender. Record does not reflect Appellant effected a knowing waiver of his statutory right to be sentenced under the Youthful Offender Act. Conviction for possession of CDS AFC vacated for resentencing.)

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.

Trammell, Stanley Norris v. State, COCA Case No. F-2004-1112 (December 16, 2005)
(Jury Instructions, Misleading / Confusing) Trial court erred in failing to give self-defense instructions in first degree murder case. Reversed and remanded for new trial.

Tran, Huyen Ai Thi v. State, COCA Case No. F-2011-480 (August 9, 2012)
(Fines, Fees and Costs) Remanded to district court to correct judgment and sentence imposing a $250 fine which should have been $150.

Troutt, Mark Anthony v. State, COCA Case No. F-2003-1036 (September 10, 2004)
(Jury Instructions, Theory of Defense) Trial courtís refusal to instruct jury on theory of defense of entrapment denied Appellant a fair trial. Reversed and remanded for new trial.

Tucker, Gary Wesley v. State, COCA Case No. F-2001-210 (March 26, 2002)
(Jury Instructions, Lesser Offenses; Plain reversible error occurred when trial court failed to give proper jury instructions and trial judge failed to correctly answer the jury's question.)

Turner, Chad Allen v. State, COCA Case No. F-2010-1128 (May 9, 2012)
(Double Jeopardy/Double Punishment) Convictions for both conspiracy to manufacture and conspiracy to traffic methamphetamine violated double punishment provisions, where the overt acts for both conspiracies were the same. Court reverses and dismisses the count with the lesser sentence.

Turner, Michael Gerald v. State, COCA Case No. 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.

 

 

- U, V, W - 

Umoren, John v. State, COCA Case No. F-1999-72, (Dec. 1, 1999)
(Jury Deliberations, Failure to submit "Not Guilty" verdict forms fundamental reversible error)

Umoren, John v. State, COCA No. F-99-1225, ( August 31, 2000)
(Double Jeopardy/Double Punishment, three convictions for rape from same episode without significant passage of time or distance separating incidents equals is one offense)

Underwood, Wendy Leann v. State, COCA Case No. F-2001-1048 (December 23, 2002)
(Sentence - Enhancement) Seven prior convictions used to enhance the penalty arose from the same transaction. Sentence modified from 40 to 30 years.

Van Anden, Christopher v. State, COCA Case No F-2000-446 (May 4, 2001)
(Evidence, Other Crimes, improper admission)

Van Dusen, Jason v. State, COCA Case No. F-2003-1316 (October 13, 2004)
(Prosecutorial Misconduct; Sentence, Excessive) Prosecutor improperly injected the possibility of parole into second stage closing argument. Sentences modified from 75 years to 30 years.

Vanmeter, Richard Lloyd v. State, COCA Case No. F-2008-963 (September 24, 2009)
(Drug Court; Due Process) Denial of due process to terminate from Drug Court without filing a Motion to Terminate. Termination from Drug Court reversed with instructions to reinstate.

VanWinkle, Ryan Anthony v. State, COCA Case No. F-2005-620 (September 22, 2006)
(Double Jeopardy/Double Punishment) Convictions for both assault and battery with a dangerous weapon and forcible sodomy violated double punishment statute. A&B count dismissed.

Van Woudenberg, Edward John v. State, COCA Case No. F-2002-899 (July 22, 2003)
(Fines, Fees and Costs) Nunc Pro Tunc order to correct overcharge in costs and fees at defendant's request. Judgment and Sentence affirmed.

Vasquez, Vincent v. State, COCA Case No. F-2008-620 (August 5, 2009)
(Restitution) Trial court abused his discretion in imposing restitution. Restitution Order vacated.

Vaughn, James Dale v. State, COCA Case No. F-2002-175 (February 19, 2003)
(Jury Instructions - Misleading/Confusing) Jury given incorrect punishment range on Offense of Carrying Firearm AFC. Judgment affirmed but sentence modified from 20 years to 2 years.

Vega, Gilbert Jr. v. State, COCA Case No. F-2006-110 (July 19, 2007)
(Sentence, Excessive; Jury Instructions, Other) First degree felony murder, LWOP, reversed and remanded for resentencing because jury should have been instructed on applicability of 85% rule, even though trial occurred prior to Courtís published decision in Anderson.

Vernon, Mark Tracey v. State, COCA Case No. F-2011-661 (August 8, 2013)
(Ineffective Assistance of Counsel) Five counts of rape, one count of sodomy reversed and remanded for new trial because counsel failed to impeach witness and to use other available evidence to demonstrate motive to testify falsely.

Vickery, Michael Lee v. State, COCA Case No. M-2002-1146 (July 22, 2003)
(Bench Trial ) Accelerated Docket Order modifies sentence from 1 year to 3 months with credit for time served.

Vinson, Billy v. State, COCA No. FĖ98-934, ( August 21, 2000)
(Restitution of Jail Costs; Insufficient Evidence)

Vivian, Billy v. State, COCA Case No. F-1998-385, (Jan. 12, 2000)
(Joinder of Parties, Failure to sever highly prejudicial)

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.

Wafford, Michael Orlando v. State, COCA Case No. F-2002-1470 (November 25, 2003)
(Double Jeopardy/Double Punishment) Convictions for both possession of firearm while committing a felony and concealing stolen property (the same firearm) violated double punishment prohibition of Section 11. The concealing conviction was reversed with instructions to dismiss.

Wakefield, Terry Dewayne v. State, COCA Case No. F-2006-1095 (September 11, 2007)
(Sentence, Excessive; Jury Instructions, Misleading/Confusing) Jury was not instructed on proper range of punishment. Sentence modified.

Walker, Harold Robert Jr. v. State, COCA Case No. F-2011-684 (April 5, 2013)
(Drug Court; Sentence, Excessive) Drug Court termination affirmed but remanded to correct sentences that exceed statutory maximum.

Walker Jr., Ernest v. State, COCA Case No. F-1999-442, (Sept. 13, 2000)
(Ineffective assistance of counsel)

Walker, Kenneth Linn v. State, COCA Case No. F-2003-443 (May 27, 2004)
(Statute of Limitations) One count of sexual exploitation of a child dismissed due to expiration of statute of limitations.

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.

Washington, Lawrence v. State, COCA Case No. F-2001-55, (Sept. 5, 2001)
(Double Jeopardy/Double Punishment, Possession of two types of contraband in single container)

Watkins, Sam v. State, COCA Case No. F-2000-484, (Aug. 23, 2001)
(Bench Trial, Knowing and Voluntary waiver of Jury Trial)

Watie, Denise Sue v. State, COCA Case No. F-2005-129 (April 3, 2006)
(Jury Instructions, Other; Sentencing) Upon timely and specific request, jury should have been informed of the 85% rule. Sentence modified.

Watson, Rodney v. State, COCA Case No. F-1999-477, (May 23, 2000)
(Double Jeopardy/Double Punishment, multiple convictions from one course of conduct)

Watson, Walter Dewitt v. State, COCA Case No. F-2007-638 (August 17, 2009)
(Double Jeopardy/Double Punishment; Prosecutorial Misconduct; Fines, Fees and Costs) Separate convictions for trafficking different kinds of CDS (meth and cocaine), and separate convictions for possession of a sawed off shotgun and possessing the shotgun and other firearms during the commission of a felony each constitute multiple punishments for single offenses. One trafficking count and one count possession of firearm reversed. Stateís misstatement of evidence in closing argument required modification of sentence. Fines vacated because imposed by the judge and not the jury.

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.

Washington, Maurice Cortez Jr. v. State, COCA Case No. F-2013-326 (February 25, 2014)
(Ineffective Assistance of Counsel; Sentence, Excessive) Sentence modified because probation and parole was injected into closing arguments.

Webb, Karyn Jo v. State, COCA Case No. F-2001-985 (August 29, 2002)
(Ineffective Assistance of Counsel.) IAC for failure to get medical expert and utilize available character evidence. Reversed and remanded for new trial.

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.

Welch, Tony Wayne v. State, COCA Case No. F-2001-1372 (January 10, 2003)
(Jury Instructions - Misleading) Plain error for court to incorrectly instruct jury on range of punishment for crime of Peeping Tom. Fine vacated.

Wells, Dustin v. State, COCA Case No. F-2000-805, (Oct. 18, 2001)
(Evidence, Sufficiency, Assault with Dangerous Weapon)

Wells, Matthew Ryan v. State, COCA Case No. S-2005-866 (May 31, 2006)
(Search and Seizure) Trial court did not abuse discretion in ordering evidence suppressed and sustaining defendantís motion to quash. (State Appeal)

West, Harry Oliver v. State, COCA Case No. F-2005-700 (July 14, 2006)
(Jury Instructions, Misleading/Confusing) Trial courtís failure to instruct the jury on the definitions of the terms "driving under the influence" and "driving while impaired" is plain reversible error. Reversed and remanded for new trial.

Whitaker, Doris Jean v. State, COCA Case No. F-2012-294 (May 15, 2013)
(Bench Trial) Reversed and remanded for new trial because record of trial could not be provided through no fault of defendant.

White, Leroy Jr. v. State, COCA Case No. F-2007-1162 (October 9, 2008
(Fines, Fees and Costs) Fines imposed at sentencing without jury input were vacated.

White, Marvin Royston v. State, COCA Case No. F-2005-110 (May 11, 2007)
(Jury Instructions, Other) Plain error found in failure to give involuntary intoxication instruction, where defendant testified he did not know alcohol content in over-the-counter medication. DUI Manslaughter conviction reversed and remanded for new trial.

Whitmore, Marion v. State, COCA Case No. F-2004-1283 (July 7, 2006)
(Prosecutorial Misconduct; Sentence, Excessive) Prosecutor drew improper inferences from defendantís failure to serve full sentences on prior convictions. Sentence modified.

Wichita, David Dean v. State, COCA Case No. F-2002-323 (April 28, 2003)
(Bench Trial, Waiver) Record failed to show a competent, knowing and intelligent waiver of the right to a jury trial. Reversed and remanded for new trial.

Wiggins, James Lee v. State, COCA Case No. F-2003-1145 (September 10, 2004)
(Prosecutorial Misconduct) Sentence modified because of improper comments regarding actual time served on prior convictions.

Wilkerson, Val v. State, COCA Case No. F-2007-909 (May 13, 2009)
(Sentence, Abuse of Discretion) Sentence modified because trial courtís carte blanche admission of all propensity evidence constituted an abuse of discretion, which contributed to excessive sentence.

Williams, Darrell v. State, COCA Case No. F-2012-951 (April 22, 2014)
(Jury Deliberations) Sexual battery and two rape counts reversed and remanded for new trial due to juror misconduct. Several jurors made unauthorized visits to crime scene and discussed their observations during deliberations.

Williams, Donnell E. v. State, COCA Case No. F-2002-493 (March 4, 2003)
(Sentence - Excessive) Three convictions for non-violent property crimes affirmed but 25 years' imprisonment for each count to run consecutively is excessive. Sentence modified to be served concurrently.

Williams, Mark Wallace v. State, COCA Case No. F-2012-172 (July 24, 2013)
(Sentence, Excessive; Jury Instructions, Misleading/Confusing) Jury incorrectly instructed on sentencing range. Sentence modified.

Williams, Michael v. State, COCA Case No. F-1997-1740, (March 8, 2000)
(Sentence, Excessive, modification from life to 25 years)

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.

Williams, Michael Joe v. State, COCA Case No. F-2000-1247 (February 18, 2003)
(Ineffective Assistance of Counsel) Counsel's performance deficient for refusing to assist client in plea bargain (that would have resulted in a 10 year sentence), and telling client he either had to get other counsel (to take plea agreement), or go to trial. Prejudice shown by lost opportunity to pursue that plea bargain and resulting LWOP sentence at trial. Sentence modified to Life with Possibility of Parole.

Williams, Milton Veran v. State, COCA Case No. F-2002-808 (July 11, 2003)
(Search and Seizure; Fines, Fees and Costs) Two of three counts, Possession of CDS with Intent to Distribute and Maintaining a Dwelling for the Purpose of Keeping/Selling CDS, reversed with instructions to dismiss due to illegal search and seizure (no exigent circumstances to enter defendant's house). Fine modified from $100,000 to $10,000.

Williams, Roy C. v. State, COCA Case No. F-2010-665 (April 4, 2012)
(Double Jeopardy/Double Punishment; Sentence, Excessive) Conviction for Using a Vehicle to Facilitate Intentional Discharge of Firearm and conviction for Second Degree Murder, in the commission of Using a Vehicle to Facilitate the Intentional Discharge of a Firearm violate constitutional protections from double jeopardy. Non-murder count reversed with instructions to dismiss.

Willingham, Charles Anthony v. State, COCA Case No. F-2005-281 (September 15, 2006)
(Sentence, Excessive) Sentences ordered to run consecutively shocked the conscience of the court. Modified to run concurrently.

Willis, Mario DíShane v. State, COCA Case No. F-2004-67 (April 6, 2006)   
(Ineffective Assistance of Counsel) Trial counsel failed to develop evidence available at trial indicating that the sole eyewitness misidentified Appellant. Judgment and Sentence reversed.

Winrow, John Calvin Jr. v. State, COCA Case No. F-2009-774 (December 17, 2010)
(Sentence, Excessive; Ineffective Assistance of Counsel) Court finds it "objectively unreasonable for defense counsel not to give any second-stage closing argument and, in particular, not to make some kind on sentencing request of the jury." Counsel was also ineffective for failing to "more diligently pursue concurrent sentences..." Remanded to determine whether sentences should run concurrently or consecutively

Wise, Twilia Renae v. State, COCA Case No. F-2009-1110 (May 4, 2011)
(Ineffective Assistance of Counsel) Trial counsel was ineffective for failing to adequately cross examine accomplices on their credibility and motivation to lie (they had only been charged with burglary, when could have been charged with Murder 1). Reversed and remanded for new trial.

Wisner, Robert v. State, COCA Case No. F-2000-1313, (Aug. 31, 2001)
(Double Jeopardy/Double Punishment, two offenses arising from single transaction)

Whitworth, Johnny Lee v. State, COCA Case No. F-2006-408 (October 17, 2007)
(Sentence, Excessive; Jury Instructions, Other) Jury should have been instructed on applicability of 85% rule. Sentence modified.

Wooden, Steven Antonio v. State, COCA Case No. F-2005-391 (November 1, 2006)
(Sentence, Abuse of Discretion; Sentence, Excessive; Jury Instructions, Other) Trial courtís refusal to exercise its discretion to consider imposition of concurrent sentences constituted an abuse of discretion. Sentence modified to twenty years and ordered served concurrently.

Woodfork, James Jermaine v. State, COCA Case No. F-2002-532 (June 3, 2003)
(Double Jeopardy/Double Punishment) Three (of 8) counts, A&B with a Dangerous Weapon and Domestic Abuse, reversed and remanded with instructions to dismiss on Double Jeopardy/Double Punishment grounds.

Wright, Darnell Lamar v. State, COCA Case No. F-2012-170 (February 14, 2014)
(Double Jeopardy/Double Punishment; Sentence, Excessive) Convictions for robbery with a firearm and assault while masked in one act violate 21 O.S.2001, ß 21. Conviction for assault while masked reversed.

Wright, Larry Eugene v. State, COCA Case No. F-2005-5577 (December 5, 2006)
(Prosecutorial Misconduct) One of four counts dismissed because prosecutor argued prior convictions as propensity for guilt. Second prosecutor improperly shifted burden of proof by arguing that to acquit, the jury had to believe everything the defendant said.

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.)

Wymer, James Joseph v. State, COCA Case No. F-2005-814 (May 23, 2006) (Sentence, Excessive; Jury Instructions, Other) Court erred in failing to instruct on the 85% Rule under Anderson. Sentences modified

 

- X, Y, Z -

Yeary, Dean v. State, COCA Case No. F-1996-376, (March 28, 1997)
(Search and Seizure, investigatory detention)

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.