Please E-mail suggested additions, comments and/or corrections to Kent@MoreLaw.Com.
Date: 10-17-2021
Case Style:
Case Number: F-2017-1028
Judge:
Court: Oklahoma Court of Criminal Appeals
Plaintiff's Attorney: Tulsa County District Attorney’s Office
Defendant's Attorney:
Description: Oklahoma City, OK: Tulsa, Oklahoma criminal defense lawyer represented Defendant, charged with:
Count # 1. Count as Filed: CHAB, CHILD ABUSE BY INJURY, in violation of 21 O.S. 843.5 (A)
Date of Offense: 09/18/2014
Party Name Disposition Information
BRAGG, ROBERT TAYLOR Disposed: CONVICTION, 09/27/2017. Jury Trial
Count as Disposed: CHILD ABUSE BY INJURY(CHAB)
Violation of 21 O.S. 843.5 (A)
Count # 2. Count as Filed: CHAB, CHILD ABUSE BY INJURY, in violation of 21 O.S. 843.5 (A)
Date of Offense: 08/14/2014
Party Name Disposition Information
BRAGG, ROBERT TAYLOR Disposed: CONVICTION, 09/27/2017. Jury Trial
Count as Disposed: CHILD ABUSE BY INJURY(CHAB)
Violation of 21 O.S. 843.5 (A)
Count # 3. Count as Filed: CHAB, CHILD ABUSE BY INJURY, in violation of 21 O.S. 843.5 (A)
Date of Offense: 08/14/2014
Party Name Disposition Information
BRAGG, ROBERT TAYLOR Disposed: CONVICTION, 09/27/2017. Jury Trial
Count as Disposed: CHILD ABUSE BY INJURY(CHAB)
Violation of 21 O.S. 843.5 (A)
Count # 4. Count as Filed: CHAB, CHILD ABUSE BY INJURY, in violation of 21 O.S. 843.5 (A)
Date of Offense: 08/14/2014
Party Name Disposition Information
BRAGG, ROBERT TAYLOR Disposed: CONVICTION, 09/27/2017. Jury Trial
Count as Disposed: CHILD ABUSE BY INJURY(CHAB)
Violation of 21 O.S. 843.5 (A)
Count # 5. Count as Filed: CHAB, CHILD ABUSE BY INJURY, in violation of 21 O.S. 843.5 (A)
Date of Offense: 08/14/2014
Party Name Disposition Information
BRAGG, ROBERT TAYLOR Disposed: CONVICTION, 09/27/2017. Jury Trial
Count as Disposed: CHILD ABUSE BY INJURY(CHAB)
Violation of 21 O.S. 843.5 (A)
Count # 6. Count as Filed: CHAB, CHILD ABUSE BY INJURY, in violation of 21 O.S. 843.5 (A)
Date of Offense: 08/14/2014
Party Name Disposition Information
BRAGG, ROBERT TAYLOR Disposed: CONVICTION, 09/27/2017. Jury Trial
Count as Disposed: CHILD ABUSE BY INJURY(CHAB)
Violation of 21 O.S. 843.5 (A)
Outcome: 05-17-2017 CTFREE
MUSSEMAN, WILLIAM: DEFENDANT PRESENT, NOT IN CUSTODY AND REPRESENTED BY JOHN ECHOLS, KIRSTEN BERNHARDT, MARK FREEMAN, AND RAYANNE TOEBY. STATE REPRESENTED BY SARAH MCAMIS AND KATIE KOLJACK. COURT REPORTER: DIANA CAVENAH. CASE CALLED FOR JURY TRIAL AND PARTIES ANNOUNCE READY FOR TRIAL. THE JURORS ARE CALLED AND SWORN AS TO QUALIFICATIONS. THE JURY IS IMPANELED AND EXAMINED FOR CAUSE. THE FOLLOWING JURORS ARE EXCUSE FOR CAUSE: 1. THE FOLLOWING JURORS ARE ACCEPTED FOR CAUSE. PEREMPTORY CHALLENGES ISSUED BY THE STATE OF OKLAHOMA: 5. PEREMPTORY CHALLENGES ISSUED BY THE DEFENDANT: 5. THE FOLLOWING JURORS ARE ACCEPTED AND SWORN TO TRY THE CAUSE: 12. THE RULE OF SEQUESTRATION WAS INVOKED. STATE PRESENTS EVIDENCE AND RESTS. DEFENDANT DEMURS AND THE DEMURRER IS OVERRULED. DEFENDANT PRESENTS EVIDENCE AND RESTS. DEFENDANT MOVES FOR DIRECTED VERDICT AND IS OVERRULED. BOTH SIDES REST. THE JURY IS INSTRUCTED AS TO THE LAW. CLOSING ARGUMENTS ARE MADE. THE SWEARING OF THE BALIFF WAS WAIVED AT 4:15 PM 5/17/2017, THE BAILIFF AND JURY RETIRE FOR DELIBERATION AND AT 7:52 PM, 5/17/2017, THE JURY RETURNS INTO OPEN COURT WITH THEIR VERDICT, WHICH IS READ IN OPEN COURT AND IS TO WIT:
WE THE JURY IMPANELED AND SWORN IN THE ABOVE ENTITLED CAUSE, DO UPON OUR OATHS FIND THE DEFENDANT,
COUNT 1, GUILTY OF THE CHARGE OF CHILD ABUSE BY INJURY AND FIX PUNISHMENT AT LIFE IN THE DEPARTMENT OF CORRECTIONS;
COUNT 2, GUILTY OF THE CHARGE OF CHILD ABUSE BY INJURY AND FIX PUNISHMENT AT TWENTY (20) YEARS IN THE DEPARTMENT OF CORRECTIONS;
COUNT 3, GUILTY OF THE CHARGE OF CHILD ABUSE BY INJURY AND FIX PUNISHMENT AT TWENTY (20) YEARS IN THE DEPARTMENT OF CORRECTIONS;
COUNT 4, GUILTY OF THE CHARGE OF CHILD ABUSE BY INJURY AND FIX PUNISHMENT AT TWENTY (20) YEARS IN THE DEPARTMENT OF CORRECTIONS;
COUNT 5, GUILTY OF THE CHARGE OF CHILD ABUSE BY INJURY AND FIX PUNISHMENT AT TWENTY (20) YEARS IN THE DEPARTMENT OF CORRECTIONS;
COUNT 6, GUILTY OF THE CHARGE OF CHILD ABUSE BY INJURY AND FIX PUNISHMENT AT TWENTY (20) YEARS IN THE DEPARTMENT OF CORRECTIONS.
JURORS CONCURRING, SIGNED BY FOREMAN. JURY DISCHARGED. COURT ORDERS DEFENDANT TAKEN INTO CUSTODY. DEFENDANT'S REQUEST FOR A PRESENTENCE INVESTIGATION GRANTED BY THE COURT. FORMAL SENTENCING SET 7/7/2017 AT 9:30 AM ROOM 501. WITNESSES SWORN AND TESTIMONY HEARD IN TRIAL: FOURTEEN.
BRAGG, ROBERT TAYLOR
09-27-2017 CONVICTED
MUSSEMAN, WILLIAM: DEFENDANT PRESENT, IN CUSTODY, AND REPRESENTED BY JOHN ECHOLS AND RAYANNE ROBEY. STATE REPRESENTED BY KATIE KOLJACK AND SARAH MCAMIS. COURT REPORTER: DIANA CAVENAH. CASE CALLED FOR SENTENCING AFTER JURY TRIAL. ALL PARTIES HAVE REVIEWED PRE-SENTENCE INVESTIGATION REPORT. THE DEFENSE REQUESTS THE COURT STRIKES PSI REPORT AND ASKS FOR NEW REPORT BE MADE WITH REDACTIONS. ONE (1) WITNESS SWORN. THE COURT ORDERS STATIC 99R REDACTION AND RELATED REDACTIONS DUE BY 5PM 9/29/2017. VICTIM IMPACT STATEMENT HEARD. ARGUMENTS HEARD. THE COURT SENTENCES AS FOLLOWS:
COUNT 1) LIFE IN THE DEPARTMENT OF CORRECTIONS, WITH CREDIT FOR TIME SERVED. DEFENDANT ASSESSED COSTS ONLY.
COUNT 2) TWENTY (20) YEARS IN THE DEPARTMENT OF CORRECTIONS, WITH CREDIT FOR TIME SERVED. DEFENDANT ASSESSED COSTS ONLY.
COUNT 3) TWENTY (20) YEARS IN THE DEPARTMENT OF CORRECTIONS, WITH CREDIT FOR TIME SERVED. DEFENDANT ASSESSED COSTS ONLY.
COUNT 4) TWENTY (20) YEARS IN THE DEPARTMENT OF CORRECTIONS, WITH CREDIT FOR TIME SERVED. DEFENDANT ASSESSED COSTS ONLY.
COUNT 5) TWENTY (20) YEARS IN THE DEPARTMENT OF CORRECTIONS, WITH CREDIT FOR TIME SERVED. DEFENDANT ASSESSED COSTS ONLY.
COUNT 6) TWENTY (20) YEARS IN THE DEPARTMENT OF CORRECTIONS, WITH CREDIT FOR TIME SERVED. DEFENDANT ASSESSED COSTS ONLY.
ALL COUNTS TO RUN CONCURRENTLY WITH EACH OTHER.
THE DEFENDANT REQUESTS TO BE HELD TEN (10) DAYS IN THE TULSA COUNTY JAIL TO FILE APPEAL PAPERWORK. COURT GRANTS REQUEST.
DEFENDANT ADVISED OF APPEAL RIGHTS. RULE 8 EXECUTED. JUDGEMENT AND SENTENCE ISSUED. BOND EXONERATED. COMMITMENT FOR PUNISHMENT ISSUED.
10-14-2021 OPIN
JE: OPINION ~~~~~ J&S VACATED, THE MATTER IS REMANDED WITH INSTRUCTIONS TO DISMISS. THE STATE'S MOTION TO STAY AND ABATE PROCEEDINGS IS DENIED. ~~~~~ ROWLAND PJ; SPECIALLY CONCUR: HUDSON VPJ; CONCUR IN RESULTS: LUMPKIN J; CONCUR: LEWIS J; COPIES TO AG, HON. WILLIAM J. MUSSEMAN, JR., JOHN ECHOLS, VICKI BEHENNA, RACHEL JORDAN, KIRSTEN BERNHARDT, OIDS, JOSEPH THAI, MARK FREEMAN, RAYANNE TOBEY, JAMES MORTON, THOMAS SNYDER, DA TULSA, CHRISS NIMMO, PAITEN QUALLS, SARA HILL, PRESS, OPD, TPD, NOT FOR PUB
** THE MANDATE IS ORDER TO ISSUE IN 20 DAYS FROM THE DELIVERY AND FILING OF THIS DECISION **
10-15-2020 CTFREE
JUDGE TRACY PRIDDY. VICKI BEHENNA, RACHEL JORDAN, AND JOSEPH THAI PRESENT ON BEHALF OF THE DEFENDANT. STATE REPRESENTED BY ASSISTANT ATTORNEY GENERAL JULIE PITTMAN. CHEROKEE NATION REPRESENTED BY SARAH HILL. COURT REPORTER IS JODI TERRY. CASE CALLED FOR EVIDENTIARY HEARING. HEARING HELD. EXHIBITS ENTERED WITHOUT OBJECTIONS, WITH THE EXCEPTION OF PAGE 2 OF EXHIBIT 24, WHICH IS ACCEPTED OVER THE STATE'S OBJECTIONS. ARGUMENTS OF COUNSEL HEARD. PARTIES ORDERED TO FILE ADDITIONAL BRIEFINGS BY 5:00PM ON 10-29-2020. PER THE COURT OF CRIMINAL APPEALS ORDER REMANDING, DISTRICT COURT ORDERS TRANSCRIPT OF THIS HEARING BE PREPARED. COURT TO PREPARE FINDINGS OF FACT & CONCLUSIONS OF LAW.
Plaintiff's Experts:
Defendant's Experts:
Comments: