OKLAHOMA
Indigent Defense System

 

 

 

 

 

 

 

  EVIDENCE, SUFFICIENCY

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

 

- A,B,C -

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.

Bearshead, Earnest Toby v. State, COCA Case No. F-2012-1039 (January 23, 2014)
(Evidence, Sufficiency) Charge of False Personation reversed with instructions to dismiss on insufficient evidence that defendant gained a benefit from giving incorrect ID info to police.

Belvin, Timothy Ray v. State, COCA Case No. F-2008-229 (January 13, 2009)
(Evidence, Sufficiency) Element of charge not sufficiently proven at trial. One count of Lewd Acts with a Child reversed with instructions to dismiss.

Betts IV, Robert v. State, COCA Case No. C-2000-1344, (April 26, 2001)
(Guilty Plea, Factual Basis Inadequate)

Benton, James Loren v. State, COCA Case No. RE-2001-0383  (March 12, 2002)
(Revocation, Insufficient Evidence; did not prove willful violation of probation.)

Blizzard, Scott, F-1999-773, (Feb. 16, 2000)
(Evidence, Sufficiency, dominion & control of drugs)

Boschee, David Roland v. State, COCA Case No. F-2008-1041 (February 22, 2010)
(Evidence, Sufficiency) Evidence presented at trial was insufficient to support conviction for two counts of possession of a firearm AFC. Evidence was that same firearm possessed continuously, thus only one offense, not two.

Boyd, Foy Anthony v. State, COCA Case No. M-2004-66 (April 5, 2005)
(Evidence, Sufficiency) Admission into evidence of breath test without proof it was performed in compliance with rules and regulations of the Board, constitutes a substantial violation of statutory rights. Reversed and remanded for new trial.

Brewington, George Robert. v. State, COCA Case No. F-2008-832 (December 10, 2009)
(Evidence, Sufficiency) State failed to prove possession of sufficient quantities to require tax stamp. Count reversed and dismissed.

Brown, Elgin, F-1998-1327, (Feb. 11, 2000)
(Evidence, Sufficiency, RICO)

Burns, Katherine v. State, COCA Case No. M-2010-341 (November 18, 2011)
(Evidence, Sufficiency, Statutory Construction) Conviction for Harassment by Use of an Electronic Device (telephone text messaging) reversed with instructions to dismiss.

Burton, Michael v. State, COCA Case No. RE-2002-993 (March 20, 2003)
(Evidence - Insufficient) Prescribed cough medicine could not be excluded as cause for positive drug test. Reversed with instructions to dismiss.

Ceasar, Torrez v. State, COCA Case No. F-2010-558 (November 14, 2011)
(Evidence, Sufficiency; Sentence, Excessive) Conviction for Possession CDS with Intent modified to Possession. State urged that quantity of drugs alone could support element of intent to distribute; majority disagreed. Absent any other evidence of intent to distribute, conviction had to be modified.

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

Causey, Charles v. State, COCA Case No. F-2006-991 (June 29, 2007)
(Evidence, Sufficiency; Evidence, Expert Testimony) Lewd Molestation case reversed and remanded for new trial because "trial court erred in failing to make a record of any hearing on the admissibility of any out-of-court statements by the minor victim, including a finding that the statements were reliable and trustworthy...," and because the State’s expert erred when she stated the victim was telling the truth.

Cheadle, Rodney, F-2000-386, (June 7, 2001)
(Evidence, Sufficiency, First Degree Murder in Furtherence of Drug Distribution; Illegal Use of Police Radio; Possession CDS with Intent to Distribute; Double Jeopardy/Double Punishment, solicitation and conspiracy to commit murder)

Clark, John Douglas v. State, COCA Case No. C-02-1188, C-02-1190 & C-02-1191 (July 2, 2003)
(Guilty Plea Decisions; Evidence, Sufficiency) Insufficient evidence to support plea on Maintaining a Vehicle Used for Keeping or Selling CDS. Reversed with instructions to dismiss.

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

Collier, Mortarice D. v. State, COCA Case No. F-2004-1091 (February 3, 2006) (Evidence, Sufficiency) Chain of custody was not sufficiently proven to sustain the foundation for the admissibility of the evidence. Reversed with instructions to dismiss.

Combs, Franklin Savoy v. State, COCA Case No. C-2008-448 (December 22, 2008)
(Guilty Plea Decisions; Evidence, Sufficiency) Factual basis not sufficiently established in Alford plea. Certiorari granted.

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.

Crase, Kenneth,  F-2000-367, (April 19, 2001)
(Evidence, Sufficiency, Manufacturing Methamphetamine, Proximity to offense not sufficient)

Crase, Kevin, F-2000-365, (April 19, 2001)
(Evidence, Sufficiency, Manufacturing Methamphetamine, proximity to offense not sufficient.)

Crittenden, Sidney, F-2000-152, (April 17, 2001)
(Evidence, Sufficiency, Lewd Molestation, multiple counts)

 

- D,E,F -

Danley, Travis Lee v. State, COCA Case No. F-2010-203 (February 9, 2012)
(Evidence, Sufficiency) Insufficient evidence presented as to value of property taken. Conviction modified to petit larceny, sentence modified to 6 months.

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

Davenport, Dustin Loyal v. State, COCA Case No. RE-2011-249 (February 23, 2012)
(Evidence, Sufficiency) No evidence conduct was a contributing factor to accident. Sentence after revocation modified to time served.

Davenport, Heather, F-2000-213, (Feb. 9, 2001)
(Evidence, Sufficiency, Guilty Knowledge, carrying CDS into jail)

Davis, Eric Jackson v. State, COCA Case No. F-2001-999 (October 18, 2002)
(Evidence - Sufficiency; Sentence - Excessive) One count of rape reversed and remanded with instructions to dismiss due to insufficient evidence; remaining counts affirmed but remanded for resentencing because the trial court refused to consider all sentencing options (i.e. concurrent sentences).

Diaz, Cesar (aka Jorge Limon) v. State, COCA Case No. F-2001-529 (October 22, 2002)
(Evidence - Sufficiency) State failed to prove venue with respect to the charges of Using a Communication Facility to Facilitate the Commission of a Felony (using a cell phone to traffic in drugs). State did not prove the subject calls were made or received in Oklahoma County.

D.I.S. v. State, COCA Case No. J-2013-0130 (June 14, 2013)
(Juvenile Adjudication/Certification; Evidence, Sufficiency) Adjudication on three counts of A&B with Dangerous Weapon vacated with instructions to dismiss due to insufficient evidence.

Dixon, Toni Lisa v. State, COCA Case No. F-2003-1401 (September 7, 2004)
(Evidence, Sufficiency) Judgment modified from felony DUI to misdemeanor DUI because evidence insufficient to prove prior conviction. Fine modified because it exceeded the statutory maximum.

Durant, Kevin Wayne v. State, COCA Case No. RE-2007-323 (June 25, 2008)
(Revocation/Acceleration; Sentence, Excessive; Evidence, Sufficiency) Insufficiency of the evidence presented at trial on new case precluded a finding that suspended sentence should be revoked.

Easton, Candy Mae v. State, COCA Case No. F-2004-729 (September 26, 2005)
(Evidence, Sufficiency) Presence and knowledge of meth activity on site is not sufficient to prove guilt of aiding and abetting manufacturing. Reversed with instructions to dismiss.

Eidson, Christopher D. v. State, COCA Case No. M-2005-0332 (March 24, 2006)  (Evidence, Sufficiency) Reckless Driving conviction modified to Speeding. "Potential" for an accident is not enough to support conviction for reckless driving.

Elser, Stephano Dominick v. State, COCA Case No. RE-2002-387 (February 20, 2003)
(Evidence - Insufficient) Revocation reversed with instructions to dismiss. Court found no competent evidence to support allegation that defendant violated rule regarding association with other convicted felons.

Fajardo, Eduardo Rivera. v. State, COCA Case No. F-2007-690 (July 24, 2008)
(Prosecutorial Misconduct; Sentence, Excessive) Prosecutorial misconduct and erroneous combination of sentencing options required modification of sentence.

Fears, Daniel Hawkes v. State, COCA Case No. F-2004-1279 (July 7, 2006) (Evidence, Sufficiency; Jury Instructions, Other; Prosecutorial Misconduct) Juries should be instructed on consequences of verdict of not guilty by reason of insanity. Prosecutorial misconduct occurred in mis-characterization of expert testimony, injection of prosecutor opinion, and pleas for sympathy for victims. State failed to rebut defendant’s claim of insanity beyond a reasonable doubt. Reversed and remanded for an entry of verdict of Not Guilty by Reason of Insanity

Fears. Daniel Hawkes v. State, COCA Case No. F-2004-1279 (January 26, 2007)
(Double Jeopardy; Evidence, Sufficiency) Court upheld earlier ruling reversing Murder I conviction because State failed to prove defendant was sane at the time of the offense. Double Jeopardy principles warranted reversal with instructions to enter verdict of not guilty by reason of insanity.

Fechner, Rosa v. State, COCA Case No. RE-2000-1257, (Oct. 16, 2001)
(Revocation, Insufficient Evidence)

Flowers, Andruss Lee v. State, COCA Case No. F-2006-1242 (January 15, 2008)
(Evidence, Sufficiency; Sentence, Excessive) Evidence of drug quantity possessed insufficient to support trafficking. Conviction modified to lesser offense of Possession with Intent to Distribute. Sentence modified.

Flynn, Steven Allen Jr. v. State, COCA Case No. F-2006-1168 (February 6, 2008)
(Evidence, Sufficiency; Double Jeopardy/Double Punishment) Murder 2 modified to Manslaughter 1 and sentence modified because of insufficient evidence nexus between felony alleged for felony murder and the death of the victim. Also, separate convictions for possessing two types of CDS violated double punishment provision.

Fox, Scott Lee v. State, COCA Case No. F-2002-492 (May 20, 2003)
(Evidence - Sufficiency) Trial evidence insufficient to support conviction for Injury to Minor Child because it failed to exclude every reasonable hypothesis except that of Appellant's guilt. One count reversed and dismissed.

Fox, Tony Dewayne v. State, COCA Case No. RE-2003-660 (June 23, 2004)
(Evidence, Sufficiency; Revocations) Revocation reversed and remanded for further proceedings because no evidence was offered as to the willfulness of the probation violations.

Franklin, Gordon Fife v. State, COCA Case No. F-2005-228 (April 5, 2007)
(Evidence, Sufficiency; Sentence, Excessive) Conviction for Cruelty to Animals reversed with instructions to dismiss. Evidence insufficient to show animal was "cruelly" injured or suffered a high degree of pain. Excessive sentences for other offenses modified; too much information regarding prior convictions.

 

- G,H,I -

Haunschild, Rick, F-2000-740, (July 6, 2001)
(Evidence, Sufficiency, Escape from Private Prison)

Hayner, Morton D. v. State, COCA Case No. F-2005-314 (May 1, 2006) (Evidence, Sufficiency) Evidence insufficient to support unlawful manufacture of methamphetamine. Judgment modified to attempted unlawful manufacture of methamphetamine.

Hester, Ricky Dale v. State, COCA Case No. F-2006-469 (December 13, 2007)
(Evidence, Sufficiency) Conviction for kidnapping reversed with instructions to dismiss because of insufficient evidence of intent to extort money or property.

Hicks, Shaynathian Rashaud v. State, COCA Case No. F-2005-1058 (March 26, 2007)
(Evidence, Sufficiency) Count of Indecent Exposure "reversed and dismissed" because State failed to present sufficient evidence that the inappropriate act of urinating (in a public place) was done "lewdly."

 

- J,K,L -

Ise, Bradley W. v. State, COCA Case No. M-2005-375 (February 22, 2008)
(Evidence, Sufficiency; Sentence, Excessive) Trial court erred in permitting questions about prior guilty plea, subsequently withdrawn. Reversed and remanded for a new trial.

Jackson, Willard Dean v. State, COCA Case No. F-2005-1285 (November 5, 2007)
(Evidence, Sufficiency) Judgment for indecent proposal modified to lesser offense due to lack of proof one one element; remanded for resentencing proceedings.

Jackson, Wilma Fay v. State, COCA Case No. S-2007-779 (May 19, 2008)
(Evidence, Sufficiency) Trial court’s ruling dismissing 84 felony and two misdemeanor counts affirmed. Trial court properly sustained motion to quash for lack of sufficient evidence to prove a necessary element of the charged offense.

J.R.L. v. State, COCA Case No. J-2000-1066, (Nov. 30, 2000)
(Youthful Offender, Evidence, psychological evaluation necessary)

James, Larry, F-1998-654, (July 22, 1999)
(Evidence, Sufficiency, Obstructing an Officer)

Johnson, Cleon Christopher v. State, COCA Case No. F-2004-691 (February 2, 2006) (Evidence, Sufficiency) State failed to produce any evidence about the value of the property burned. Count of Arson, 3rd degree, reversed and remanded with instructions to dismiss.

Jones, Leslie Dewayne v. State, COCA Case No. RE-2004-435 (July 15, 2005)
(Evidence, Sufficiency; Revocation/Acceleration Decisions) Revocation reversed outright because right of confrontation was violated when state merely presented evidence that defendant had been charged with another crime, not actual facts establishing that another crime had been committed.

Jones, Tony Wayne v. State, COCA Case No. F-2000-283 (March 26, 2002)
(Insufficient Evidence; Evidence presented was entirely circumstantial and insufficient to prove that both had an agreement to commit this crime.)

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

King, Willie West Jr. v. State, COCA Case No. F-2001-1170 (August 30, 2002)
(Insufficient Evidence.) Evidence showed more of an attempted lewd molestation rather than the completed act. Conviction on this count reversed with instructions to dismiss.

Kirkpatrick, Robert, F-2000-1157, (Oct. 12, 2001)
(Evidence, Sufficiency, A & B with Dangerous Weapon; Self-Defense; Security Guard)

Lindsay, Charles Earl v. State, COCA Case No. F-2005-252 (August 30, 2006)
(Due Process; Evidence, Sufficiency; Sentencing) Error in escorting defendant into court and out of court in handcuffs in the presence of jurors; victim was never "threatened" with the alleged imitation firearm; and failure of trial court to instruct on 85 percent rule all contributed to Court’s decision to modify sentence.

Lister, Ronnie Lamonte v. State, COCA Case No. F-2008-599 (April 16, 2009)
(Evidence, Sufficiency) Evidence insufficient to show that Appellant had dominion over or control over a weapon that his associate was sitting on. Count reversed and dismissed.

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

Lowe, Jack Albert, F-2000-897, (Sept. 21, 2001)
(Evidence, Sufficiency, Rape modified to Lewd Molestation)

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

 

- M,N,O -

 Nelson, David Lynn v. State, COCA Case No. F-2004-1198 (August 15, 2006)
(Evidence, Sufficiency; Sentencing) Evidence insufficient to prove element of penetration for one of the sodomy convictions. Trial court’s refusal of requested instruction regarding the requirement that the defendant serve 85 percent of certain sentences resulted in modification of life sentences to 45 years

Marshall, Andre Lasuan v. State, COCA Case No. F-2002-537 (August 21, 2003)
(Jury Instructions - Lesser Offense; Evidence - Sufficiency) Convictions for A&B with Dangerous Weapon and Entering a Building with Unlawful Intent reversed and remanded with instructions to dismiss. The A&B was a lesser included offense of a charged crime, but instruction was improperly given over defense objection and without a request by the State. Evidence was insufficient to show intent to destroy personal property.

Mach, Manh Michael v. State, COCA Case No. F-2006-538 (November 15, 2007)
(Evidence, Sufficiency; Double Jeopardy/Double Punishment) One conviction reversed because State failed to present evidence of it at preliminary hearing. Two of three Possession of CDS with intent convictions dismissed because they violated prohibition against multiple punishments for the same offense.

Martin, Victor Allen v. State, COCA Case No. F-2007-269 (December 4, 2007)
(Evidence, Sufficiency) Conviction for Possession of CDS (Methamphetamine) dismissed because state failed to prove quantity possessed required a tax stamp.

M.C. E. v. State, COCA Case No. J-1998-1194, (July 16, 1999)
(Evidence, Sufficiency, Malicious Injury to Property)

McCollough, Danyale Lamont v. State, COCA Case No. RE-2012-0601 (February 4, 2014)
(Revocation/Acceleration Decisions; Evidence, Sufficiency) Plain error for district court to revoke suspended sentence solely by taking judicial notice of evidence heard in another case. Reversed and remanded for further proceedings.

McGee, Christopher Dwayne v. State, COCA Case No. F-2004-527 (November 23, 2005)
(Evidence, Sufficiency) Evidence insufficient to support conviction for conspiracy to distribute CDS. Conspiracy count reversed and dismissed.

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

Mirich, Samuel David v. State, COCA Case No. RE-2011-606 (June 14, 2013)
(Revocation/Acceleration Decisions; Evidence, Sufficiency) State failed to prove finality of conviction relied upon as probation violation.

Moore, Edgar Allen v. State, COCA Case No. F-2005-1031 (November 8, 2006)
(Evidence, Sufficiency; Sentencing; Jury Instructions, Other) Mere possession of stolen property not sufficient to prove KCSP. State must prove defendant has knowledge property is stolen. Count Dismissed. Court erred in failing to instruct on the 85% Rule. Sentence modified.

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

Morris, Rhonda, F-1999-1374, (Dec. 11, 2000)
(Evidence, Sufficiency, Rape, lack of penetration)

Myers, Carl Don v. State, COCA Case No. F-2005-1011 (September 6, 2007)
(Evidence, Sufficiency) Kidnapping conviction reversed because State failed to prove that intent was to extort money or property while victim was seized and confined. Kidnapping conviction reversed with instructions to dismiss.

Nuckols, Jackie v. State, COCA Case No. F-1999-1615, (April 18, 2001)
(Cumulative Error, other crimes, stale prior convictions, deficient performance by counsel)

Oliver, Carlos David v. State, COCA Case No. C-2010-1060 (October 7, 2011)
(Guilty Plea Decisions; Evidence, Sufficiency; Double Jeopardy/Double Punishment) Factual basis not sufficient on guilty plea for resisting arrest, count reversed with instructions to dismiss. Convictions for Assault with a Dangerous Weapon and Assault with a Dangerous Weapon while Masked constitute double punishment for one crime. Assault with a Dangerous Weapon reversed with instructions to dismiss.

Osborne, Jacinda Simone v. State, COCA Case No. F-2009-530 (July 22, 2010)
(Evidence, Sufficiency) State failed to establish "serious bodily injury" for first degree robbery. Conviction modified to lesser offense of second degree robbery.

Ockerman, Rian Wayne v. State, COCA Case No. F-2002-1265 (January 7, 2004)
(Evidence - Sufficiency) Conviction for manslaughter arising from DUI reversed with instructions to dismiss because evidence insufficient to sustain jury’s verdict.

Ortiz, Ricardo v. State, COCA Case No. F-1999-587, (Aug. 22, 2000)
(Evidence, improper admission of confession)

 

- P,Q,R -

Patterson, Katherine, M-1999-569, (Jan. 31, 2001)
(Evidence, Sufficiency, Possession of Paraphernalia)

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

Peyton, Joseph Edward v. State, COCA Case No. F-2001-122 (September 11, 2002)
(Evidence - Sufficiency) Mere presence at the scene of the crime does not invoke criminal responsibility.

Pitt, Heidi Renee v. State, COCA Case No. F-2002-356 (February 26, 2003)
(Evidence - Insufficient) Evidence insufficient to sustain conviction for unlawful possession of methamphetamine. There was no evidence that she had knowledge, dominion and/or control over the .04 grams of methamphetamine that co-defendant threw to the ground at the time of arrest. Reversed and remanded with instructions to dismiss.

Powell, Michael, F-2000-1304, (Oct. 10, 2001)
(Evidence, Sufficiency, Manufacturing CDS; Jury Instructions, Omission of Element, Maintaining a Dwelling)

Pratt, William Ray v. State, COCA Case No. F-2001-692 (October 15, 2002)
(Evidence - Sufficiency) Rape count reversed and remanded with instructions to dismiss due to lack of evidence of penetration.

Rayls, Edward Allen v. State, COCA Case No. M-2003-450 (May 18, 2004)
(Evidence, Sufficiency) Evidence insufficient to prove offense of eluding officer, which requires more than a neglectful failure to stop. Reversed and remanded with instructions to dismiss.

Rimmer, Robert, F-1999-1317, (Oct. 19, 2000)
(Evidence, Sufficiency, Robbery)

Rivera, Eric Anthony v. State, COCA Case No. F-2001-444 (September 30, 2002)
(Evidence - Insufficient.) Conviction for Kidnapping (10 year sentence) reversed with instructions to dismiss for insufficient evidence.

Robinson, Robert, F-1998-724, (July 29, 1999)
(Evidence, Sufficiency, Lewd Molestation, elements not proven)

Rodgers, Billy Ray v. State, COCA Case No. F-2002-1116 (August 14, 2003)
(Evidence - Sufficiency) Mere presence at the scene is not sufficient evidence to sustain a conviction for manufacturing methamphetamine. Reversed with instructions to dismiss.

 

- S,T,U

Schoonover, Gilda Marie v. State, COCA Case No. F-2001-916 (August 15, 2002)
(Jury Instructions- theory of defense; Evidence - Insufficient.) Trial court committed fundamental error by instructing jury on the alternative theory of knowingly permitting abuse of a minor child. Evidence presented at trial sufficient to prove death was not accidental but does not support theory that Appellant knowingly permitted her husband to inflict unreasonable force. Reversed for New Trial.

Schoonover, John Edward v. State, COCA Case No. F-2001-936 (August 15, 2002)
(Jury Instructions- theory of defense; Evidence - Insufficient.) Trial court committed fundamental error by instructing jury on the alternative theory of First-Degree Murder (Child Abuse) by its use of the "permitting" child abuse instruction. Evidence presented at trial sufficient to prove death was not accidental but does not support theory that Appellant knowingly permitted his wife to inflict unreasonable force. Reversed for New Trial.

Schoonover, John Edward v. State, COCA Case No. F-2003-633 (September 8, 2004)
(Evidence, Sufficiency; Jury Instructions, Other) Evidence introduced at trial was insufficient as a matter of law to convict on the crime of accessory after the fact to a murder, based on actions after injury to child but before death. Trial court erred in instructing on accessory to murder, where instruction was not requested by defendant. Reversed for new trial.

Schroeder, Larry, F-2000-515, (Sept. 6, 2001)
(Evidence, Sufficiency, Burglary, "breaking not proven; Double Punishment/Double Jeopardy, Kidnapping for Extortion of Sexual Gratification & Sexual Assaults merged)

Shirley, DeWayne Cedric Lee v. State, COCA Case No. F-2003-442 (June 24, 2004)
(Evidence - Sufficiency) Two counts of possession of firearm reversed with instructions to dismiss for insufficient evidence.

Smallen, Robert Lee v. State, COCA Case No. S-2008-761 (February 5, 2009 (State Appeals; Sixth Amendment; Evidence, Sufficiency) Evidence insufficient that rights to silence and assistance of attorney were waived. District Court Order suppressing statements and videotaped interview affirmed.

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

Sparks, Nathan David v. State, COCA Case No. F-2009-525 (May 13, 2011)
(Evidence, Sufficiency) Second Degree Murder reversed to dismiss. Under the circumstances of the case, the evidence was insufficient for a rational trier of fact to determine Appellant’s conduct was imminently dangerous.

State v. Brown, Barry Lee, COCA Case No. S-2012-1012 (October 3, 2013)
(State Appeals; Evidence, Sufficiency) Trial court found officer who initiated traffic stop lacked sufficient memory of the event to fulfill the State’s burden of showing the stop was lawful. Suppression affirmed.

State v. 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. 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."

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

Sutton, Sheila Ann v. State, COCA Case No. F-2004-332 (August 11, 2005)
(Evidence, Sufficiency; Jury Instructions, Lesser Offenses) Mere presence at a crime scene does not make a person liable for a crime. Count for Knowingly Concealing Stolen Property reversed with Instructions to Dismiss. Jury given definition of petit larceny without any instruction as to lesser included offenses limiting jury’s ability to find defendant guilty of lesser included offense. Count for Grand Larceny modified to Petit Larceny, sentence modified to 2 years.

Szczepan, Edward Mark Jr. v. State, COCA Case No. F-2005-405 (June 21, 2006) (Evidence, Sufficiency; Sentence, Excessive) State failed to prove prior convictions for enhancement at non-jury trial. Sentence modified to one year and $500 fine.
 

T.A.G. v. State, COCA Case No. J-2000-452, (Oct. 6, 2000)
(Juvenile Adjudication, Sufficiency of Evidence)

T.C.S. v. State, COCA Case No. J-2003-1180 (April 1, 2004)
(Juvenile Adjudication/ Acceleration; Evidence - Sufficiency) With no evidence to corroborate the testimony of alleged accomplice, insufficient evidence to support conviction. Reversed and remanded for new trial.

Teafatiller, Timothy Purcell v. State, COCA Case No. F-2005-366 (June 9, 2006) (Evidence, Sufficiency) Drugs which formed the basis of the charge against defendant were destroyed by OSBI at the direction of the sheriff, without defense being given the opportunity to test it. Reversed and remanded.

Thompson, Charles v. State, COCA Case No. M-2007-0118 (February 13, 2008
(Evidence, Sufficiency) Conviction for public drunkenness reversed with instructions to dismiss; evidence insufficient.

Thompson, Kristie Kay v. State, COCA Case No. F-2008-97 (June 24, 2009)
(Evidence, Sufficiency) Evidence was insufficient to prove child neglect. Reversed with instructions to dismiss.

Thornbrugh, Matthew v. State, COCA Case No. F-2008-287 (March 25, 2009) (Evidence, Sufficiency) Mere possession of a radio capable of receiving police transmissions is not sufficient to prove that it was "operated." Reversed with instructions to dismiss.

Tiger, Charles Clarence v. State, COCA Case No. F-2004-1127 (March 6, 2006)   (Double Jeopardy/Double Punishment; Evidence, Sufficiency) Two counts in multi-count case reversed with instructions to dismiss. Simultaneous convictions for first degree burglary and robbery with a firearm violate statutory provision against double punishment; also evidence was insufficient for conspiracy to commit second degree burglary.

Turner, Michael Gerald v. State F-2001-1243 (December 20, 2002)
(Evidence - Sufficiency) Convictions for Personal Injury DUI and DUI reversed and dismissed. Blood test administered beyond two hours of arrest inadmissible.

 

- V,W,X,Y,Z -

Vinson, Billy v. State, COCA Case No. F–1998-934 (Aug. 21, 2000)
(Restitution of Jail Costs; Insufficient Evidence)

Wade, James Alan v. State, COCA Case No. F-2004-1238 (March 3, 2006)  (Evidence, Sufficiency) Conviction for embezzlement of rented property (a car) reversed and dismissed for insufficient evidence of the value of property allegedly embezzled.

Ware, James Earl v. State, COCA Case No. F-2004-1147 (June 14, 2006)  (Evidence, Sufficiency) One count of Lewd Molestation reversed with instructions to dismiss due to insufficient evidence.

Watson, William Antwyoe v. State, COCA Case No. F-2004-430 (January 13, 2006)
(Evidence, Sufficiency) Manslaughter I conviction reversed and dismissed because evidence was insufficient to overcome defense of self-defense.

Watts, Larry Roger v. State, COCA Case No. F-2005-963 (May 25, 2007)
(Evidence, Sufficiency; Sentence, Excessive) Conviction for "drive-by shooting" modified to felony Malicious Injury to Property and sentence modified. Drive-by shooting statute is directed toward people, not property.

Wells, Dustin, F-2000-805, (Oct. 18, 2001)
(Evidence, Sufficiency, Assault with Dangerous Weapon)

Williams, Michael David v. State, COCA Case No. M-2006-1334 (May 14, 2008)
(Evidence, Sufficiency) Evidence insufficient to support conviction for one of two counts of domestic abuse. Reversed with instructions to dismiss.

Wright, Vadell Lamont v. State, COCA Case No. F-2001-651 (June 7, 2002)
(Evidence - Sufficiency; Jury Instructions. Evidence insufficient to support the charge of using a vehicle to discharge a firearm, charge reversed with instructions to dismiss. Unauthorized Use of Motor Vehicle reversed and remanded for new trial because the jury was not properly guided regarding defendant's defense of mistake.)