OCDW 10.05.15

(with special thanks to Mark Hoover, OIDS, for contributing regularly)

“I have lived my life, and I have fought my battles, not against the weak and the poor—anybody can do that—but against power, against injustice, against oppression, and I have asked no odds from them, and I never shall.”—-Clarence S. Darrow, Attorney for the Damned 491, 497 (Arthur Weinberg ed. 1957).

Sanders v. State, 2015 OK CR 11 (October 1, 2015): Double Jeopardy: Sanders was convicted by jury of Possession of a Firearm, AFCF, and KCSP (the same firearm) in Payne County (the Hon. Phillip Corley). The Court reversed count two as a violation of 21 O.S. 11 (double punishment) because there was only one act of possession of the stolen firearm by Sanders.

Steven Eugene Jenkins v. State, No. F-2014-396 (Okl.Cr., September 29, 2015) (unpublished): Prosecutorial Misconduct (Improper Argument): Jenkins was convicted by jury in Washington County (the Hon. Russell Vaclaw, presiding) of Burglary in the Second Degree AFCF x 1, and sentenced to 30 years. The Court modified the sentence to 20 years because of the repeated references by the prosecutor of the fact that Jenkins was on probation, coupled with the improper reading of the Information mentioning his prior suspended sentence.

Richard Eugene Glossip v. State, No. PCD-2015-820 (Okl.Cr., September 28, 2015) (unpublished): Death Penalty (Stays): Interesting order discussing Glossip’s objection to the re-setting of his execution date, with several concurring/dissenting opinions construing 22 O.S. 1001.1 which governs stays in capital cases. NOTE: There was a mix-up with the drugs needed to carry out the execution, so Gov. Fallin stayed it in any event by executive order; and the OCCA also issued a stay for the same reason.

Benjamin Robert Cole v. Anita Trammel, Warden, 2015 OK CR 13 (Okl.Cr., October 2, 2015): Insanity and Competency: Death row inmate Ben Cole lodged a petition for extraordinary relief on the basis that he has gone insane and therefore cannot be executed. In this opinion, the Court denied the relief, but it contains a decent discussion of this topic. NOTE: Cole nevertheless received a stay of execution based upon a mix-up in the State receiving the wrong lethal drugs.

Mina Ohata v. Samer Patrick Dib, No. 111,889 (Okla. Civ. App., Div. IV, September 30, 2015) (Not for Official Publication): Protective Orders: The Hon. Jequita H. Napoli (Cleveland County) found Dib “represents a credible threat to the physical safety of an intimate partner” and granted a protective order; and Dib was also hit with $19,169.11 in attorney’s fees and costs(!!) In this opinion, the panel reversed with instructions to dismiss because such a finding was against the clear weight of the evidence. This is a nice opinion on the legal requirements of protective orders.

“Only Supreme Court justices and schoolchildren are expected to and do take the entire summer off.” –Chief Justice John Roberts (statement made while he served as a lawyer in the Reagan Administration).

No new cases.

United States v. Shawn Lowe, No. 14-1108 (3^rd Cir., July 2, 2015): Search and Seizure (Reasonable Suspicion): Denial of motion to suppress is reversed when police officers did not have reasonable suspicion to stop Lowe at the time that Lowe submitted to their authority.

United States v. Sylvester Purham, No. 14-3424 (7^th Cir., August 5, 2015): Supervised Release: Conditions of supervised release relating to 20 hours of community service during periods of unemployment and a prohibition of associating with street gangs are vacated.

United States v. Trey Michael Boykin, No. 14-2307 (8^th Cir., July 24, 2015): Conspiracy: Conspiracy conviction is reversed on the basis of insufficient evidence based upon the buyer-seller rule.

TIM BAKER, Tahlequah, represented a client accused of manslaughter in Muskogee, who defended with self-defense. The jury took just 33 minutes to return a verdict of not guilty. Nice work, Tim!

CARL LAMAR, Marlow, and his legal assistant Judy Burton, won an acquittal for a client accused of manslaughter in Stephens County. Good job, Carl and Judy!

WINDFALL: In a felony acceleration case in Pittsburg County, defense attorney TERRY HARRISON had reached a plea agreement with the State. As Harrison and the prosecutor finalized the deal outside the courtroom, Special District Judge Matthew Sheets took the bench at 1:00 p.m.—and waited until 1:30 p.m. before getting irritated and dismissing the case when neither party appeared!

OFFICER CHARGED: A police officer in Fairview has been charged with possession of child porn; also, a Tulsa police officer has been arrested for DUI; and a University of Oklahoma police sergeant has been charged with burglary; an officer in Owasso has been charged with using excessive force; and a corporal with the Oklahoma County Sheriff’s Office has resigned after being charged with felony domestic abuse.

JUDGE HONORED: Retired District Judge Dynda R. Post was honored with a “Lifetime Service to the Children of Oklahoma” award at the recent meeting of the Rogers County Bar Association.

PROSECUTOR DIES: Atoka County prosecutor Greg Jenkins, 52, has lost his battle with cancer.

JUDGE INDICTED: Pawnee County Associate District Judge Patrick M. Pickerill has been indicted by a multi-county grand jury of falsifying records and other offenses used to create a drug court.

COURT COST NIGHTMARE: Interesting article about the thousands of persons arrested every year for failing to pay court costs.

COMMUTATION NEWS: The Pardon and Parole Board has recommended sentence commutations for three drug offenders. It remains to be seen whether Gov. Fallin will approve the recommendations.

JAIL PHONE CALLS: The federal FCC will consider getting involved in the price gouging practice of prison and jail phone calls.

EXECUTION: Alfredo Rolando Prieto, convicted of three murders, was executed last week in Virginia.

NEW CITY ORDINANCE: A new OKC ordinance requires drivers to signal when changing lanes at least 100 feet prior to turning (similar to state law).

INMATES CHARGED: Six inmates in the Woods County Jail have been charged in connection with damage caused when they apparently set a fire inside the facility.

VIDEO ARRAIGNMENT: Judge Emmit Tayloe is spearheading a video arraignment program in Comanche County.

WACKY CRIME

This guy is a sex offender, has not registered, so of course he decides to try and lob contraband over the fence at Jess Dunn Correctional Center in Taft; a woman listening to a police scanner heard her son’s name and called police—unwittingly helping them to nab her son who had just escaped from jail; pay your debts, or else this woman will fire a gun at you over a $100 loan; this guy was arrested for DUI, and told the trooper that he had been out drinking with his lawyer!; a drunk man in Tahlequah made obscene gestures at passing traffic and demanded to be taken to jail—wish granted!

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OKLAHOMA CRIMINAL DEFENSE WEEKLY

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