Jury
Andrews, Christopher, F-2000-451, June 8, 2001|
(Jury Deliberations, Sequestration)
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.
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.
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.
Ingram, Johnny Lee v. State, COCA Case No. F-2015-1007 (June 8, 2017)
(Jury Deliberations; Jury Instructions, Other) Reversed and remanded for new trial because trial court failed to sufficiently answer the jury’s questions concerning the uniform jury instruction defining principals and aiding and abetting.
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.
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.
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.
Sheppard, Will v. State, COCA Case No. F-1999-14, (March 24, 2000)
(Jury Deliberations, Sequestration, separation)
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.
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)
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.
Ashlock, David, F-2000-1138, Aug. 31, 2001
(Lesser Offense Instruction, Defendant Objection)
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 State’s witness to testify that based on neurolinguistic training, the defendant lied in his statement. Reversed and remanded for new trial.
Evans Jr., Robert, F-97-1215, Jan. 20, 2000
(Jury Instructions, Lesser Offenses, Child abuse murder)
Filion, Jason, F-1999-559, June 30, 2000
(Jury Instructions, Lesser Offenses, Failure to Give Requested Instruction)
Gaines, Johnny, F-1999-1338, Dec. 29, 2000
(Jury Instructions, Lesser Offenses, failure to give requested)
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).
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.
Lamar, Robert Anthony v. State, COCA Case No. F-2000-1262, (December 13, 2001)
(Jury Instructions– Lesser Included Offense; Theory of Defense)
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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.
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.
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.
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.
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.
Ray, Bobby Dewayne v. State, COCA Case No. F-2015-720 (February 28, 2017)
(Fines, Fees and Costs; Jury Instructions, Misleading, Confusing) Plain error when jury instructed fine is mandatory when optional. Fine vacated.
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.
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.
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 trooper’s 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.
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.
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.
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.
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.
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.
Daniels, Edwin Jermaine v. State, COCA Case No. F-2014-3 (May 26, 2015)
(Jury Instructions, Misleading/Confusing; Fines, Fees and Costs) Jury erroneously instructed that a $10,000 fine on multiple counts was mandatory. $130,000 in fines vacated.
Daniels, Kadrian v. State, COCA Case No. F-2016-562 (October 12, 2017)
(Sentence, Excessive; Jury Instructions, Misleading/Confusing) Jury incorrectly instructed that fine was mandatory. Fine vacated.
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.)
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.
Dixon, Kedrin Ray, COCA Case No. F-2019-310 (Dec. 10, 2020) (Jury Instructions, Misleading / Sentence, Excessive) Sentence for sexual battery afc modified from 20 years to 10 years because jury was erroneously instructed on the range of punishment.
Douglas Jr., Michael, F-1999-558, (July 6, 2000)
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.)
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.
Douglas Jr., Michael, F-1999-558, (July 6, 2000)
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.)
Douglas Jr., Michael, F-1999-558, (July 6, 2000)
(Jury Instructions, Flight Instruction)
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.
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.
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, 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.
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).
Gibson, Curtis Dale v. State, COCA Case No. F-2006-905 (April 10, 2008)
(Sentence, Excessive; Jury Instructions, Misleading/Confusing) Trial court’s 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.
Gilbreath-Hancock, Karena v. State, COCA Case No. F-2013-974 (February 18, 2015)
(Jury Instructions, Misleading/Confusing) Remanded for resentencing after jury was not given full panoply of sentencing options for actual physical control.
Gorrell, Debra v. State, COCA Case No. F-2000-483, (December 3, 2001)
(Jury Instructions– Misleading/Confusing)
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.
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.
Hawks, Loretta Marjorie v. State, COCA Case No. F-2014-764 (April 5, 2016)
(Evidence, Sufficiency; Due Process; Jury Instructions, Misleading/Confusing) Error in Aiding and Abetting instructions. Reversed and remanded for new trial.
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.
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.
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, 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, 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, Sean, F-1999-1465, (Feb. 8, 2001)
(Jury Instructions, Contradictory)
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 court’s 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.
Kelly, Ladarius Burnell v. State, COCA Case No. F-2016-30 (January 19, 2017)
(Fine, Fees and Costs; Jury Instructions, Misleading/Confusing) One fine vacated, one fine modified because jury instructions incorrectly mandated a fine.
Ketcher, David Daniel v. State, COCA Case No. F-2014-286 (March 24, 2015)
(Jury Instructions, Misleading/Confusing) Jury erroneously instructed that optional fine was mandatory. Fine vacated.
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.
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.
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.
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.
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.
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.
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.
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.
McManus, Jerry v. State, COCA Case No. F-2000-912, (July 10, 2001)|
(Jury Instructions, missing element).
Mesfun, Samson Michael v. State, COCA Case No. F-2016-696 (September 21, 2017)
(Sentence, Excessive; Jury Instructions, Misleading/Confusing) Jury incorrectly instructed on applicable range of punishment. Sentence modified.
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.
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.)
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, 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.
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.
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.
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.
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.
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 court’s 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 Instructions–Misleading)
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.
Pinkney, George H. v. State, COCA Case No. F-2013-1073 (January 12, 2015)
(Jury Instructions; Misleading/Confusing) Jury was incorrectly instructed as to the applicable punishment range. Sentence modified from 8 to 5 years.
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)
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.
Ray, Bobby Dewayne v. State, COCA Case No. F-2015-720 (February 28, 2017)
(Fines, Fees and Costs; Jury Instructions, Misleading, Confusing) Plain error when jury instructed fine is mandatory when optional. Fine vacated.
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.
Raymond, Bradley Joe v. State, COCA Case No. F-2012-914 (November 15, 2013)
(Jury Instructions; Misleading) Jury misinstructed on punishment range. Sentence modified.
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.
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.
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.)
Runnels, Dennis Ray v. State, COCA Case No. F-2015-531 (September 8, 2016)
(Jury Instructions, Misleading/Confusing; Sentence, Excessive) Jury misinstructed on range of punishment. Sentence modified from 19 years to 10 years.
Sango, Muhajir A. v. State, COCA Case No. F-2002-613 (August 20, 2003)
(Jury Instructions - Misleading) Trial court’s erroneous instructions on the range of punishment required resentencing.
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.
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.
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.
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.
Spencer, Ricky Eugene, COCA Case No. F-2019-588 (Jan. 14, 2021)
(Direct/Jury Instructions, Misleading/Confusing/Sentencing) Plain error in jury instructions
on “transferred intent.”
Stone, Jimmy Dale v. State, COCA Case No. F-2012-545 (January 8, 2014)
(Jury Instructions, Misleading/Confusing) Plain error in trial court’s failure to instruct on elements of the offense. Reversed and remanded 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.
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.
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.
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.
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.
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.
West, Harry Oliver v. State, COCA Case No. F-2005-700 (July 14, 2006) (Jury Instructions, Misleading/Confusing) Trial court’s 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.
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.
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.)
Andrews, Christopher v. State, COCA Case No. F-2000-451, (June 8, 2001)
(Jury Deliberations, Sequestration)
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.
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.
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.
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.
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.
Douglas Jr., Michael v. State, COCA Case No. F-1999-558, (July 6, 2000)
(Jury Instructions, Flight Instruction)
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.
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
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.
Gaines, Johnny, F-1999-1338, Dec. 29, 2000
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.
Gray, Bobby v. State, COCA Case No. F-1999-1388, (Aug. 24, 2000)
(Jury Instructions, Sentence, DUI punishment range)
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.
Houston, Leonard v. State, COCA Case No. F-1998-1076, (Feb. 3, 2000)
(Jury Instructions, Fines)
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.
Ingram, Johnny Lee v. State, COCA Case No. F-2015-1007 (June 8, 2017)
(Jury Deliberations; Jury Instructions, Other) Reversed and remanded for new trial because trial court failed to sufficiently answer the jury’s questions concerning the uniform jury instruction defining principals and aiding and abetting.
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.
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 defendant’s testimony. Reversed and remanded for new trial.
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.)
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."
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.
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.
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 Court’s 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.
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.
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 defendant’s priors before sentencing on the misdemeanor.
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, Appellant’s 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.
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.
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.
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.
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.
Sinclair, Luke v. State, COCA Case No. F-2004-146 (June 8, 2006)
(Prosecutorial Misconduct; Sentence, Excessive; Jury Instructions, Other) Jury improperly influence by Prosecution’s inflammatory argument. Jury should have been informed of 85% rule. Reversed and remanded for resentencing.
Suggs, Jonathan Lamont, COCA Case No. F-2019-37 (June 24, 2021)
(Direct/Jury Instructions, Lesser Offenses/Sentence, Excessive) Count 3 of the Judgment and Sentence is Reversed and Remanded for a new trial. The trial court’s failure to instruct the jury on the lesser-included offense of illegal entry was plain error.
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.
Vaughn, Christopher Alan, COCA Case No. F-2020-291 (June 10, 2021)
(Direct/Jury Instructions, Other/Sentence, Excessive) Re-sentencing for client sentenced to Life Without Parole on a crime that carries 20 - Life or LWOP. Jury instructions mandated LWOP, and the Judge sentenced him pursuant to the erroneous instructions.
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 Court’s published decision in Anderson.
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.
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.
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 court’s 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.
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.
