Convictions Overturned Due to Jury/Juror Instruction
Following is a list of cases where the jury's instructions were confusing/misleading and the verdict was overturned.
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.
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.
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.
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.
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)
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)
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.
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.
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.
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.
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, 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.
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.
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.
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.
McManus, Jerry v. State,
COCA Case No. F-2000-912, (July 10, 2001)|
(Jury Instructions, missing element)
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.
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)
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.)
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.
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, 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.
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.
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.
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.)
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.
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.
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.
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.)
