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<rss version="2.0"><channel><title>Oklahoma Court of Criminal Appeals Cases</title><link>http://www.oscn.net/applications/oscn/start.asp?submitted=true&amp;court=OK+CR&amp;days=30</link><description>The last 10 published decisions for the Oklahoma Court of Criminal Appeals Cases</description><lastBuildDate>Fri, 03 Jul 2009 11:23:01 GMT</lastBuildDate><generator>OSCN Feed Generator 1.0.56[www.oscn.net]</generator><language>en-us</language><docs>http://blogs.law.harvard.edu/tech/rss</docs><webMaster>webmaster@oscn.net</webMaster><item><title>LOVE v. STATE, F-2008-236, 2009 OK CR 20</title><link>http://www.oscn.net/applications/oscn/DeliverDocument.asp?CiteID=455628</link><description><![CDATA[&para;1    Tommy Wayne Love was tried by jury and convicted of Count I, Trafficking in   Controlled Drugs in violation of  63   O.S.Supp.2004, &sect; 2-415                            (C), in the District Court of Tulsa   County, CF-2006-5877.                                        1     In accordance with the jury's recommendation the Honorable Gordon   McAllister sentenced Love to twenty (20) years imprisonment and a fine of   $25,000, all but $500 suspended. Love appeals from this conviction and sentence.                                         ]]></description><pubDate>Tue, 30 Jun 2009 21:00:00 CST</pubDate></item><item><title>SKINNER v. STATE, F-2007-1101, 2009 OK CR 19</title><link>http://www.oscn.net/applications/oscn/DeliverDocument.asp?CiteID=455109</link><description><![CDATA[&para;1    Gordon Todd Skinner was charged and convicted of Conspiracy to Commit Kidnapping   AFCF, under  21 O.S.2001, &sect; 421    (Count I); Kidnapping AFCF, under  21   O.S.2001, &sect; 741  (Count II); and Assault and Battery with a Dangerous Weapon   AFCF, under  21 O.S.2001, &sect; 645                                                     (Count III), in the District Court of Tulsa County, Case No.   CF-2003-4213.                                                                 1      In accord with the jury's recommendation, the Honorable Gordon D.   McAllister sentenced Skinner to imprisonment for thirty (30) years and a $10,000   fine on Count I, imprisonment for sixty (60) years and a $10,000 fine on Count   II, and imprisonment for life and a $10,000 fine on Count III, to be served   consecutively.                                                               2      Skinner is properly before the Court on direct appeal.             ]]></description><pubDate>Thu, 11 Jun 2009 21:00:00 CST</pubDate></item><item><title>STATE v. KIEFFER-RODEN, S-2008-446, 2009 OK CR 18</title><link>http://www.oscn.net/applications/oscn/DeliverDocument.asp?CiteID=454668</link><description><![CDATA[&para;1    The State of Oklahoma appeals from an order suppressing evidence and dismissing   the Information, charging Appellee with Aggravated Driving A Motor Vehicle While   Under The Influence Of Alcohol, in violation of  47 O.S.Supp.2006, &sect; 11-902 (D), in   the District Court of Pottawatomie County, Case No. CM-2008-102.     Appellee was arrested in Pottawatomie County after the arresting officer   observed signs that Appellee was driving while intoxicated as she left the Fire   Lake convenience store.  After Appellee was subsequently charged with   Aggravated DUI, she moved to suppress the evidence on various grounds, only one   of which reaches us on appeal.  The District Court granted the motion to   suppress, and the State requested the order be stayed pending an appeal to this   Court.  Despite the mandatory nature of a stay directed by statute &quot;pending   the outcome of the appeal,&quot;  22   O.S.Supp.2002, &sect; 1053                                                                                                                                                                   (5), the District Court   denied the stay request and dismissed the case.  We have jurisdiction of   the appeal under section 1053(5).   ]]></description><pubDate>Tue, 05 May 2009 21:00:00 CST</pubDate></item><item><title>HUNTER v. STATE, F-2008-700, 2009 OK CR 17</title><link>http://www.oscn.net/applications/oscn/DeliverDocument.asp?CiteID=454622</link><description><![CDATA[&para;1    Rodney Renee Hunter was tried by jury and convicted of Distribution of   Controlled Substance in violation of  63 O.S.2001, &sect; 2-401                          , after former conviction of two felonies, in the   District Court of Greer County, Case No. CF-2006-68. In accordance with the   jury's recommendation the Honorable David A. Barnett sentenced Hunter to twenty   (20) years imprisonment. Hunter appeals this conviction and sentence.                                                                        ]]></description><pubDate>Fri, 01 May 2009 21:00:00 CST</pubDate></item><item><title>MAGNAN v. STATE, D-2005-683, 2009 OK CR 16</title><link>http://www.oscn.net/applications/oscn/DeliverDocument.asp?CiteID=454542</link><description><![CDATA[&para;1    David Brian Magnan pled guilty to three counts of First Degree Murder in   violation of  21 O.S.2001, &sect; 701.7    and one count of Shooting With Intent to Kill in violation of  21 O.S.2001, &sect; 652                                           in the District Court of Seminole County, Case No. CF-04-59.  Before   accepting the pleas, the Honorable George Butner received the results of a   psychological competency evaluation and conducted an in-court competency inquiry   in which he found Magnan competent to enter the pleas.  At his sentencing   hearing, Magnan stipulated to the aggravating circumstances pled in the State's   bill of particulars, stated he had nothing to present in mitigation, waived any   direct appeal, and asked to be sentenced to death for the murders.  The   district court judge sentenced Magnan to death on each of the murder counts and   sentenced him to a term of life imprisonment on the shooting-with-intent-to-kill   count.      ]]></description><pubDate>Wed, 22 Apr 2009 21:00:00 CST</pubDate></item><item><title>ROJEM v. STATE, D-2007-660, 2009 OK CR 15</title><link>http://www.oscn.net/applications/oscn/DeliverDocument.asp?CiteID=454486</link><description><![CDATA[&para;1  Richard Norman Rojem,   Jr. was tried by jury and convicted of kidnapping, rape and first degree murder   in the District Court of Washita County, Case No. CRF-84-35. On appeal, this   Court affirmed the convictions and sentences.                                             1     The United States Court of   Appeals for the Tenth Circuit granted relief from the death sentence.                       2     A resentencing trial was held in Washita County, Rojem was again sentenced to  death, and this Court reversed that sentence and remanded the case for  resentencing ( Rojem 2).      3     Pursuant to Rojem's motion for   change of venue, the second resentencing hearing was held in Custer County, Case   No. CF-2006-370. The jury in Rojem's second resentencing trial found that (1)   Rojem was previously convicted of a felony involving the use or threat of   violence to the person; (2) the murder was especially heinous atrocious or   cruel, and (3) the murder was committed for the purpose of avoiding or   preventing a lawful arrest or prosecution. In accordance with the jury's   recommendation the Honorable Charles L. Goodwin imposed the death penalty. Rojem   appeals from this sentence.                                                                                                        ]]></description><pubDate>Wed, 15 Apr 2009 21:00:00 CST</pubDate></item><item><title>HANSON v. STATE, D-2006-126, 2009 OK CR 13</title><link>http://www.oscn.net/applications/oscn/DeliverDocument.asp?CiteID=454464</link><description><![CDATA[&para;1  Appellant John   Fitzgerald Hanson appeals his sentence of death for the murder of Mary   Bowles.  Hanson and his co-defendant Victor Miller were originally charged   in the District Court of Tulsa County, Case No. CF-99-4583, with two counts of   first degree murder for the deaths of Mary Bowles (Count 1) and Jerald Thurman   (Count 2).                                                                1      Their cases were severed for trial and a jury   convicted Hanson of First Degree Malice Aforethought Murder for Bowles's death   in violation of  21 O.S.Supp.1998, &sect;   701.7 (A) (Count 1), and First Degree Felony Murder for Thurman's death in   violation of  21 O.S.Supp.1998, &sect;   701.7                                                   (B)                                                     (Count 2).           2      The jury sentenced   Hanson to death for Bowles's murder in Count 1 and fixed punishment of life   imprisonment without the possibility of parole for Thurman's murder in Count   2.                                      3      Judgment and Sentence were imposed by the  district court in accordance with the jury's verdict and Hanson appealed.  We affirmed both Hanson's conviction and  sentence for Thurman's murder.  We  affirmed his conviction for Bowles's murder, but vacated his death sentence and  remanded the matter for a new sentencing proceeding in  Hanson v. State,   2003 OK CR   12 ,  72 P.3d 40 . Hanson's resentencing jury trial was held January 9-24, 2006,   before the Honorable Caroline E. Wall.  That jury found three aggravating   circumstances and he was again sentenced to death for Bowles's murder.                                               4      We now affirm   Hanson's death sentence.   ]]></description><pubDate>Mon, 13 Apr 2009 21:00:00 CST</pubDate></item><item><title>FISHER v. STATE, D-2005-460, 2009 OK CR 12</title><link>http://www.oscn.net/applications/oscn/DeliverDocument.asp?CiteID=454420</link><description><![CDATA[&para;1  Appellant, James T.   Fisher, was tried by a jury and convicted of one count of First Degree Murder in   the District Court of Oklahoma County, Case No. CF 1983-137.                                     1      The State   filed a Bill of Particulars alleging two aggravating circumstances:  (1)   the murder was especially heinous, atrocious and cruel;                            2     and (2) the existence of a   probability that the defendant would commit criminal acts of violence that would   constitute a continuing threat to society.                                3      The jury found the   existence  of  both  alleged  aggravating   circumstances  and assessed punishment at death.  The trial court   sentenced Appellant accordingly.  From this Judgment and Sentence Appellant   has perfected this appeal.                                         4      ]]></description><pubDate>Wed, 25 Mar 2009 21:00:00 CST</pubDate></item><item><title>GRANT v. STATE, D-2006-14, 2009 OK CR 11</title><link>http://www.oscn.net/applications/oscn/DeliverDocument.asp?CiteID=454419</link><description><![CDATA[&para;1    Appellant, Donald Anthony Grant, was charged in Oklahoma County District Court,   Case No. CF-2001-4696, with two counts of First Degree, Malice Aforethought   Murder ( 21 O.S.2001, &sect; 701.7 (A)),   and two counts of Robbery with Firearms ( 21 O.S.2001, &sect; 801                                               ).  As to the murder counts, the State alleged a number of aggravating   circumstances in support of the death penalty.                                                                      1       Jury trial was held November 14 through 23, 2005 before   the Honorable Jerry D. Bass, District Judge.  The jury found Appellant   guilty as charged on all counts.  As to the robbery counts, the jury   recommended sentences of life imprisonment.   As to each of the   murder  counts, the  jury found the existence of all aggravating   circumstances alleged, and recommended punishment of death on each count.    This appeal followed.                                                                                2        ]]></description><pubDate>Mon, 23 Mar 2009 21:00:00 CST</pubDate></item><item><title>IN RE: ADOPTION OF THE 2009 REVISIONS TO THE OKLAHOMA UNIFORM JURY INSTRUCTIONS CRIMINAL, CCAD-2009-1, 2009 OK CR 5</title><link>http://www.oscn.net/applications/oscn/DeliverDocument.asp?CiteID=454358</link><description><![CDATA[&para;1 On October 17, 2008, The Oklahoma Court of   Criminal Appeals Committee for Preparation of Uniform Jury Instructions   submitted its report and recommendations to the Court for adoption of amendments   to Oklahoma Uniform Jury Instructions-Criminal (Second Edition). The Court has   reviewed the report by the committee and recommendations for the adoption of the   2009 proposed revisions to the Uniform Jury Instructions. Pursuant to  12 O.S. 1991, &sect; 577.2                                                                              , the Court   accepts that report and finds the revisions should be ordered adopted.]]></description><pubDate>Thu, 12 Mar 2009 21:00:00 CST</pubDate></item></channel></rss>