8 results for 'judge:"Musseman "'.
J. Musseman finds the trial court properly convicted defendant for lewd or indecent proposals to a child under 16 based on sufficient evidence. The jury's 5-year sentence was within the statutory range and the sentencing judge imposed the assessed sentence. Defendant raised no objection during sentencing. Though defendant made only proposals to the child, he is equally legally culpable as one having committed the act of sexual molestation. Affirmed.
Court: Oklahoma Courts Of Appeal, Judge: Musseman, Filed On: April 11, 2024, Case #: F-2022-787, Categories: Sentencing, Sex Offender, Child Victims
J. Musseman finds the trial court properly convicted defendant for lewd and indecent acts with a child. Defendant alleges insufficient representation for counsel's alleged failure to move to quash for the state's not putting on evidence at the preliminary hearing of the required element the victim was under the age of 16. Necessary evidence was presented at trial, and defendant fails to show defense counsel's failure to seek a motion to quash at the preliminary hearing impacted the outcome. Affirmed.
Court: Oklahoma Courts Of Appeal, Judge: Musseman , Filed On: March 21, 2024, Case #: F-2022-367, Categories: Sex Offender, Due Process, Child Victims
J. Musseman finds the trial court properly granted defendant's motion for immunity from various alternative charges for murder and manslaughter, committed either during commission of a misdemeanor or in the heat of passion. Defendant shot and killed his half-brother after having learned of an ongoing domestic altercation the brother was having with his wife. The court thoroughly evaluated defendant's claim of immunity, finding he demonstrated by a preponderance of the evidence that he was not engaged in an unlawful activity, was on a public roadway when he was attacked by the brother, and that he reasonably believed deadly force was necessary to prevent death or bodily harm. Affirmed.
Court: Oklahoma Courts Of Appeal, Judge: Musseman , Filed On: March 7, 2024, Case #: S-2023-720, Categories: Evidence, Murder, Justification
J. Musseman finds the trial court properly convicted defendant for first-degree murder and shooting with the intent to kill. The introduction of the medical examiner's report and toxicology report, though they do not fall under the hearsay exception, did not substantially affect the outcome of the case. Photographic lineups were not impermissibly suggestive and did not give rise to a likelihood of misidentification, and no ineffective assistance by counsel is found. Affirmed.
Court: Oklahoma Courts Of Appeal, Judge: Musseman , Filed On: December 21, 2023, Case #: F-2021-692, Categories: Evidence, Ineffective Assistance, Murder
J. Musseman denies defendant's request for extraordinary writ to compel the trial court to dismiss his larceny and concealing stolen property case for lack of jurisdiction. The motion to dismiss was filed after the state filed an application to terminate the participation in drug court. Having entered his guilty plea, participated in drug court and reserved his protest for two years, defendant has waived his McGirt "Indian jurisdiction" claim.
Court: Oklahoma Courts Of Appeal, Judge: Musseman , Filed On: December 14, 2023, Case #: MA-2022-937, Categories: Theft, Jurisdiction, Property
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J. Musseman grants the state's request for a writ of mandamus to compel the judge to issue an arrest warrant for defendant, charged with the manufacture, possession and distribution of child pornography. The judge declined to sign the warrant after finding the offense occurred within Cherokee Nation boundaries. The state satisfied all statutory requirements and the judge specifically found probable cause, which triggered the plain legal duty to issue the warrant.
Court: Oklahoma Courts Of Appeal, Judge: Musseman , Filed On: November 16, 2023, Case #: MA-2023-623, Categories: Judiciary, Jurisdiction, Child Pornography
J. Musseman finds that the trial court properly found defendant guilty of possession of a firearm after prior felony conviction. Prior to trial, defendant remained in custody on other charges following his arrest and was not being held in custody on the instant charge. His right to a speedy trial was not violated. Affirmed.
Court: Oklahoma Courts Of Appeal, Judge: Musseman , Filed On: July 27, 2023, Case #: F-2021-1157, Categories: Firearms, Speedy Trial
J. Musseman finds that the trial court properly convicted defendant for multiple counts of child sexual abuse. The record shows that each child was under the domination of defendant when he committed the acts. The state chose to charge him with only one count of abuse for each child, and the jury was properly instructed, without objection, according to the uniform jury instruction based upon the child sexual abuse statute. Affirmed.
Court: Oklahoma Courts Of Appeal, Judge: Musseman, Filed On: July 27, 2023, Case #: F-22021-431, Categories: Sex Offender, Child Victims, Jury Instructions