State of Oklahoma v. Ray Dean McHam

Pauls Valley, Oklahoma criminal defense lawyer represented the Defendant who was charged with first-degree murder in violation of 21 O.S.2001, § 701.7(A).



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On the night of August 25, 2002, Appellant fatally stabbed his neighbor, Johnny McElwee. Appellant lived in Pauls Valley with his wife Peggy and their young daughter, and McElwee lived alone, next door, in a garage apartment. The two men were visiting with each other on the night of the homicide, and Appellant made several visits to McElwee's apartment. The only witnesses to the altercation were Appellant and McElwee. Police learned of the homicide when Appellant's wife called 911 in the early morning hours of August 26, exclaiming that her husband had just fatally stabbed a man. McElwee's body was found on the ground outside the apartment, in the early morning hours of August 26; he had suffered thirteen stab wounds, some of which were not life-threatening, but several of which were. Toxicology reports showed a high degree of alcohol, and a detectable amount of methamphetamine, in McElwee's body. Inside McElwee's apartment police found furniture in disarray. A section of the wall had been crushed in. Traces of blood were found throughout the apartment.



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By charging Appellant with First-Degree Murder, the State was obligated to prove that he killed McElwee with a deliberate intention to do so. 21 O.S.2001, § 701.7(A). Appellant maintained, from his arrest through trial, that he acted in self-defense. Self-defense is an affirmative defense which admits the elements of the charge, but offers a legal justification for conduct which would otherwise be criminal. 21 O.S.2001, § 733; West v. State, 1990 OK CR 61, ¶ 6, 798 P.2d 1083, 1085. Appellant told police, after his arrest, that he acted in self-defense after McElwee assaulted him with a knife, and he testified to the same effect at trial. The evidence was sufficient to submit the issue of self-defense to the jury. Consequently, the State was obligated to prove, beyond a reasonable doubt, that Appellant did not act in self-defense. Perez v. State, 1990 OK CR 67, ¶¶ 5-8, 798 P.2d 639, 640-41. The jury was properly instructed on the State's burden to disprove Appellant's self-defense theory.



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Legal issue Can a defendant waive the right to jury instructions on lesser-included offenses in a criminal trial, opting instead for an all-or-nothing strategy?



Headnote



CRIMINAL LAW. SELF-DEFENSE IN HOMICIDE. The case examines whether the State successfully disproved the appellant's claim of self-defense in a homicide case, where he was ultimately convicted of First-Degree Manslaughter instead of Murder.



CRIMINAL LAW. HEAT OF PASSION MANSLAUGHTER. The court considered whether the trial court properly instructed the jury on First-Degree Manslaughter as a lesser-included offense, despite the appellant's objection, based on evidence of provocation and emotional passion.



CRIMINAL PROCEDURE. JURY INSTRUCTIONS ON LESSER OFFENSES. The judgment explores the limits of a defendant's ability to pursue an "all or nothing" defense strategy concerning lesser-included offense instructions in a murder trial.



EVIDENCE. SPOUSAL PRIVILEGE. The court addressed the admissibility of testimony and 911 calls from the appellant's spouse, analyzing whether such communications were protected by spousal privilege.



EVIDENCE. SUFFICIENCY AT PRELIMINARY HEARING. The judgment considers the sufficiency of evidence presented at the preliminary hearing to bind the appellant over for trial on a First-Degree Murder charge.



CRIMINAL LAW. MIRANDA RIGHTS AND VOLUNTARY CONFESSIONS. The court evaluated the voluntariness of the appellant's confession to police, addressing his claims about mental health issues and possible ambiguity in requesting counsel.



CRIMINAL LAW. SENTENCE EXCESSIVENESS. The court reviews the appellant's claim that his 20-year manslaughter sentence was excessive given statutory ranges and the circumstances evidenced at trial.

Key Paragraphs



Highlight Key Paragraphs



"...Self-defense is an affirmative defense which admits the elements of the charge, but offers a legal justification for conduct which would otherwise be criminal.,Consequently, the State was obligated to prove, beyond a reasonable doubt, that Appellant did not act in self-defense....”



Key Phrases First-Degree (Heat of Passion) Manslaughter. Self-defense claim. Lesser-related offense instructions. Spousal privilege. All or nothing strategy.

Affirmed