Please E-mail suggested additions, comments and/or corrections to Kent@MoreLaw.Com.

Help support the publication of case reports on MoreLaw

Date: 12-08-2017

Case Style:

State of Oklahoma v. Daniel Bryan Kelley

Tulsa County Courthouse - Tulsa, Oklahoma

Case Number: CF-2015-694

Judge: Sharon Holmes

Court: District Court, Tulsa County, Oklahoma

Plaintiff's Attorney: Kevin Keller

Defendant's Attorney: Stuart Southerland

Description: Tulsa, OK - Defendant's Successful Appeal Results in Life Sentence

Count # 1. Count as Filed: RAPE, RAPE BY INSTRUMENTATION - 1ST DEGREE, in violation of 21 O.S. 1114 A 6
Date of Offense: 02/02/2015
Party Name Disposition Information
KELLEY, DANIEL BRYAN Disposed: CONVICTION, 10/22/2015. Jury Trial
Count as Disposed: RAPE BY INSTRUMENTATION - 1ST DEGREE - vacated 7-25-2017(RAPE)
Violation of 21 O.S. 1114 A 6
Count # 2. Count as Filed: INDE, INDECENT EXPOSURE, in violation of 21 O.S. 1021
Date of Offense: 02/02/2015
Party Name Disposition Information
KELLEY, DANIEL BRYAN Disposed: DISMISSED, 03/10/2015. Dismissed by Court
Count as Disposed: INDECENT EXPOSURE(INDE)
Violation of 21 O.S. 1021
Count # 3. Count as Filed: OA, ASSAULT & BATTERY, in violation of 21 O.S. 644
Date of Offense: 02/02/2015
Party Name Disposition Information
KELLEY, DANIEL BRYAN Disposed: CONVICTION, 10/22/2015. Jury Trial
Count as Disposed: ASSAULT & BATTERY(OA)
Violation of 21 O.S. 644
Docket
Date Code Description Count Party Amount
02-10-2015 TEXT

CRIMINAL FELONY INITIAL FILING.

Pursuant to 12 O.S. § 39, Document Available at Court Clerk's Office
1 KELLEY, DANIEL BRYAN
02-10-2015 INFORMATION

DEFENDANT DANIEL BRYAN KELLEY WAS CHARGED WITH COUNT #1, RAPE BY INSTRUMENTATION - 1ST DEGREE IN VIOLATION OF 21 O.S. 1114 A 6
1 KELLEY, DANIEL BRYAN
02-10-2015 INFORMATION

DEFENDANT DANIEL BRYAN KELLEY WAS CHARGED WITH COUNT #2, INDECENT EXPOSURE IN VIOLATION OF 21 O.S. 1021
2 KELLEY, DANIEL BRYAN
02-10-2015 INFORMATION

DEFENDANT DANIEL BRYAN KELLEY WAS CHARGED WITH COUNT #3, ASSAULT & BATTERY IN VIOLATION OF 21 O.S. 644
3 KELLEY, DANIEL BRYAN
02-10-2015 CTARRPL

LUDI LEITCH, DEBORRAH: DEFENDANT PRESENT, IN CUSTODY AND REPRESENTED BY PUBLIC DEFENDER APPOINTED. ARRAIGNMENT HELD. DEFENDANT WAIVES READING OF THE INFORMATION AND FURTHER TIME TO PLEAD. DEFENDANT ENTERS A PLEA OF NOT GUILTY. PRELIMINARY HEARING SET FOR 3-10-15 AT 1:30PM IN ROOM 344. BOND SET IN THE AMOUNT OF CT1-$50,000.00, CT2-$5,000.00, CT3-$500.00; DEFENDANT REMANDED TO CUSTODY.

CASE REASSIGNED TO CF-A BASED ON CF-13-4187.
KELLEY, DANIEL BRYAN
02-10-2015 DAINS

TULSA COUNTY PUBLIC DEFENDERS OFFICE INSPECTION REQUEST

Pursuant to 12 O.S. § 39, Document Available at Court Clerk's Office
KELLEY, DANIEL BRYAN
02-10-2015 TEXT

OCIS HAS AUTOMATICALLY ASSIGNED JUDGE CF C DOCKET TO THIS CASE.

02-11-2015 ORC

ORDER FOR REASSIGNMENT OF CRIMINAL DISTRICT JUDGE

Pursuant to 12 O.S. § 39, Document Available at Court Clerk's Office
KELLEY, DANIEL BRYAN
02-11-2015 PA

PAUPER'S AFFIDAVIT

Pursuant to 12 O.S. § 39, Document Available at Court Clerk's Office
KELLEY, DANIEL BRYAN
02-12-2015 AFPCA

AFFIDAVIT & FINDING OF PROBABLE CAUSE T.R.A.C.I.S. (ARRESTED)

Pursuant to 12 O.S. § 39, Document Available at Court Clerk's Office
KELLEY, DANIEL BRYAN
02-13-2015 RETCO

RETURN COMMITMENT

Pursuant to 12 O.S. § 39, Document Available at Court Clerk's Office
KELLEY, DANIEL BRYAN
03-05-2015 ADISC

ACKNOWLEDGEMENT OF RECEIPT OF DISCOVERY

Pursuant to 12 O.S. § 39, Document Available at Court Clerk's Office
KELLEY, DANIEL BRYAN
03-10-2015 CTPRLDCA

JUDGE CLIFF SMITH: DEFENDANT PRESENT, IN CUSTODY AND REPRESENTED BY VELIA LOPEZ. STATE REPRESENTED BY KENNETH ELMORE. COURT REPORTER: TAMARA RICHARDS. CASE CALLED FOR PRELIMINARY HEARING. 1 WITNESSES SWORN. COUNT 2 DISMISSED COST TO STATE. DEMURRER OVERRULED. DEFENDANT IS BOUND OVER TO DISTRICT COURT ON THE CHARGE(S) BEFORE JUDGE WILLIAM MUSSEMAN 3-16-15 AT 9:30AM IN RM 501. BOND TO REMAIN; DEFENDANT REMANDED TO CUSTODY.
KELLEY, DANIEL BRYAN
03-10-2015 DISMISSED

JUDGE CLIFF SMITH: DEFENDANT PRESENT IN CUSTODY AND REPRESENTED BY VELIA LOPEZ, STATE REPRESENTED BY KENNETH ELMORE, COUNT 2 DISMISSED COST TO STATE. RELEASE ISSUED TO JAIL
2 KELLEY, DANIEL BRYAN
03-10-2015 REQCR

COURT REPORTER FEE AT TRIAL (JURY/NON-JURY/PRELIMINARY)
KELLEY, DANIEL BRYAN $ 20.00
03-10-2015 OCISR

OKLAHOMA COURT INFORMATION SYSTEM REVOLVING FUND
KELLEY, DANIEL BRYAN $ 25.00
03-12-2015 NAME

CHANGE OF NAME
- DISMISSED COUNT 2

Pursuant to 12 O.S. § 39, Document Available at Court Clerk's Office
KELLEY, DANIEL BRYAN
03-12-2015 #CPUB

CHANGE OF NAME PUBLICATION FEE WITH POUNDAGE
KELLEY, DANIEL BRYAN
03-12-2015 DMFE

DISPUTE MEDIATION FEE
KELLEY, DANIEL BRYAN $ 2.00
03-12-2015 PFE1

PETITION
KELLEY, DANIEL BRYAN $ 150.00
03-12-2015 PFE7

LAW LIBRARY FEE
KELLEY, DANIEL BRYAN $ 6.00
03-12-2015 OCISR

OKLAHOMA COURT INFORMATION SYSTEM REVOLVING FUND
KELLEY, DANIEL BRYAN $ 25.00
03-12-2015 CCADMIN02

COURT CLERK ADMINISTRATIVE FEE ON $2 COLLECTIONS
KELLEY, DANIEL BRYAN $ 0.20
03-12-2015 OCJC

OKLAHOMA COUNCIL ON JUDICIAL COMPLAINTS REVOLVING FUND
KELLEY, DANIEL BRYAN $ 2.00
03-12-2015 OCASA

OKLAHOMA COURT APPOINTED SPECIAL ADVOCATES
KELLEY, DANIEL BRYAN $ 5.00
03-12-2015 CCADMIN04

COURT CLERK ADMINISTRATIVE FEE ON COLLECTIONS
KELLEY, DANIEL BRYAN $ 0.50
03-12-2015 RTSUB$

RETURN SUBPOENA

Pursuant to 12 O.S. § 39, Document Available at Court Clerk's Office
KELLEY, DANIEL BRYAN $ 50.00
03-12-2015 OCISR

OKLAHOMA COURT INFORMATION SYSTEM REVOLVING FUND
KELLEY, DANIEL BRYAN $ 25.00
03-13-2015 RETRL

RETURN RELEASE

Pursuant to 12 O.S. § 39, Document Available at Court Clerk's Office
KELLEY, DANIEL BRYAN
03-16-2015 CTFREE

MUSSEMAN, WILLIAM: DEFENDANT PRESENT, IN CUSTODY AND REPRESENTED BY VELIA LOPEZ. STATE REPRESENTED BY SEAN HILL. COURT REPORTER: DANA RUSH. CASE CALLED FOR DISTRICT COURT ARRAIGNMENT. DEFENDANT SWORN IN OPEN COURT, DEFENDANT STANDS MOOT. COURT ENTERS PLEA OF NOT GUILTY FOR DEFENDANT. JURY TRIAL ISSUE SET 8-31-15 AT 9:30 AM ROOM 501. ALLEN HEARING SET 5-28-15 AT 9:30 AM ROOM 501. BOND TO REMAIN; DEFENDANT REMANDED TO CUSTODY.
KELLEY, DANIEL BRYAN
05-28-2015 CTFREE

MUSSEMAN, WILLIAM: DEFENDANT NOT PRESENT, IN CUSTODY AND REPRESENTED BY VELIA LOPEZ. STATE REPRESENTED BY ERIC JORDAN. CASE CALLED FOR ALLEN HEARING. PARTIES ANNOUNCE DISCOVERY COMPLETE, ADDITIONAL DISCOVERY MAY BE SET UPON APPLICATION. JURY TRIAL ISSUE DATE OF 8-31-15 REMAINS; BOND TO REMAIN; DEFENDANT'S APPEARANCE WAIVED.
KELLEY, DANIEL BRYAN
05-29-2015 O

ORDER FOR TRANSCRIPT

Pursuant to 12 O.S. § 39, Document Available at Court Clerk's Office
KELLEY, DANIEL BRYAN
06-02-2015 ADISC

ACKNOWLEDGEMENT OF RECEIPT OF DISCOVERY; SUPPLEMENTAL PAGES 49-59

Pursuant to 12 O.S. § 39, Document Available at Court Clerk's Office
KELLEY, DANIEL BRYAN
06-04-2015 CCERT

COURT REPORTER'S CERTIFICATE

Pursuant to 12 O.S. § 39, Document Available at Court Clerk's Office
KELLEY, DANIEL BRYAN
06-04-2015 RTSUB$

RETURN SUBPOENA

Pursuant to 12 O.S. § 39, Document Available at Court Clerk's Office
KELLEY, DANIEL BRYAN $ 50.00
06-04-2015 OCISR

OKLAHOMA COURT INFORMATION SYSTEM REVOLVING FUND
KELLEY, DANIEL BRYAN $ 25.00
06-16-2015 T&2

ORIGINAL TRANSCRIPT & 2 COPIES OF PRELIMINARY HEARING ON THE 10TH DAY OF MARCH, 2015. ONE COPY EACH TO DISTRICT ATTORNEY'S OFFICE AND PUBLIC DEFENDER'S OFFICE.

Pursuant to 12 O.S. § 39, Document Available at Court Clerk's Office
KELLEY, DANIEL BRYAN
06-16-2015 NOF

NOTICE OF FILING

Pursuant to 12 O.S. § 39, Document Available at Court Clerk's Office
KELLEY, DANIEL BRYAN
06-23-2015 PYREQ

PAYMENT REQUEST - TRANSCRIPTS

Pursuant to 12 O.S. § 39, Document Available at Court Clerk's Office
KELLEY, DANIEL BRYAN $ 129.50
07-07-2015 ADISC

ACKNOWLEDGEMENT OF RECEIPT OF DISCOVERY

Pursuant to 12 O.S. § 39, Document Available at Court Clerk's Office
KELLEY, DANIEL BRYAN
07-27-2015 CTFREE

JUDGE WILLIAM D. LAFORTUNE: COURT SIGNS SUBPOENA OF DUCES TECUM
KELLEY, DANIEL BRYAN
08-11-2015 ADISC

ACKNOWLEDGEMENT OF RECEIPT OF DISCOVERY

Pursuant to 12 O.S. § 39, Document Available at Court Clerk's Office
KELLEY, DANIEL BRYAN
08-31-2015 CTFREE

MUSSEMAN, WILLIAM: DEFENDANT PRESENT, IN CUSTODY AND REPRESENTED BY VELIA LOPEZ. STATE REPRESENTED BY KENNETH ELMORE. JURY TRIAL STATUS SET 9-2-15 AT 9:30 AM ROOM 501. BOND TO REMAIN; DEFENDANT REMANDED TO CUSTODY.
KELLEY, DANIEL BRYAN
09-02-2015 CTFREE

MUSSEMAN, WILLIAM: DEFENDANT PRESENT, IN CUSTODY AND REPRESENTED BY PUBLIC DEFENDER. STATE REPRESENTED BY ERIC JORDAN. JURY TRIAL STATUS SET 9-8-15 AT 9:30 AM ROOM 501. BOND TO REMAIN; DEFENDANT REMANDED TO CUSTODY.
KELLEY, DANIEL BRYAN
09-08-2015 CTFREE

MUSSEMAN, WILLIAM: DEFENDANT NOT PRESENT, IN CUSTODY AND REPRESENTED BY VELIA LOPEZ. STATE REPRESENTED BY KENNETH ELMORE. JURY TRIAL STATUS CONTINUED TO 9-14-15 AT 9:30 AM ROOM 501. BOND TO REMAIN; DEFENDANT'S APPERANCE WAIVED.
KELLEY, DANIEL BRYAN
09-09-2015 WFPDA

WITNESS FEES PAID BY DISTRICT ATTORNEY 7/30/15

Pursuant to 12 O.S. § 39, Document Available at Court Clerk's Office
KELLEY, DANIEL BRYAN $ 10.00
09-14-2015 CTFREE

MUSSEMAN, WILLIAM: DEFENDANT PRESENT, IN CUSTODY AND REPRESENTED BY VELIA LOPEZ. STATE REPRESENTED BY KENNETH ELMORE. CASE STRICKEN FROM TRIAL DOCKET WITH ANNOUNCMENT OF ADDITION DISCOVERY TO BE PROVIDED. JURY TRIAL STATUS SET 9-21-15 AT 9:30 AM ROOM 501. BOND TO REMAIN; DEFENDANT REMANDED TO CUSTODY.
KELLEY, DANIEL BRYAN
09-21-2015 CTFREE

MUSSEMAN, WILLIAM: DEFENDANT NOT PRESENT, IN CUSTODY AND REPRESENTED BY VELIA LOPEZ. STATE REPRESENTED BY ISAAC SHIELDS. JURY TRIAL ISSUE CONTINUED TO 10-19-15 AT 9:30 AM ROOM 501. BOND TO REMAIN; DEFENDANT'S APPEARANCE WAIVED.
KELLEY, DANIEL BRYAN
09-22-2015 CTFREE

STATUS CONFERENCE SET 10-2-15 AT 9:30 AM ROOM 501 AT REQUEST OF DEFENSE FOR SUBPEONA PURPOSES.
KELLEY, DANIEL BRYAN
09-22-2015 ADISC

ACKNOWLEDGEMENT OF RECEIPT OF DISCOVERY

Pursuant to 12 O.S. § 39, Document Available at Court Clerk's Office
KELLEY, DANIEL BRYAN
09-23-2015 MO

MOTION FOR DISCOVERY AND INSPECTION

Pursuant to 12 O.S. § 39, Document Available at Court Clerk's Office
KELLEY, DANIEL BRYAN
09-29-2015 CTFREE

MUSSEMAN, WILLIAM: COURT SIGNS ORDER.
KELLEY, DANIEL BRYAN
09-29-2015 APLI

APPLICATION TO ENDORSE WITNESS ON INFORMATION

Pursuant to 12 O.S. § 39, Document Available at Court Clerk's Office
KELLEY, DANIEL BRYAN
09-30-2015 CTFREE

MUSSEMAN, WILLIAM: COURT SIGNS SUBPOENA DUCES TECUM.
KELLEY, DANIEL BRYAN
10-02-2015 CTFREE

MUSSEMAN, WILLIAM: DEFENDANT NOT PESENT, IN CUSTODY AND REPRESENTED BY VELIA LOPEZ. STATE REPRESENTED BY KENNETH ELMORE. ALLEN HEARING CONTINUED TO 10-8-15 AT 9:30 AM ROM 501 FOR PRODUCTION OF 911 TAPE, ALL OTHER DISCOVERY COMPLETE. BOND TO REMAIN; DEFENDANT'S APPEARANCE WAIVED.
KELLEY, DANIEL BRYAN
10-06-2015 ADISC

ACKNOWLEDGEMENT OF RECEIPT OF DISCOVERY

Pursuant to 12 O.S. § 39, Document Available at Court Clerk's Office
KELLEY, DANIEL BRYAN
10-08-2015 CTFREE

MUSSEMAN, WILLIAM: DEFENDANT NOT PRESENT, IN CUSTODY AND REPRESENTED BY VELIA LOPEZ. STATE REPRESENTED BY KENNETH ELMORE. CASE CALLED FOR ALLEN HEARING. DISCOVERY COMPLETE WITH EXCEPTION OF 911 TAPES. COURT WILL PROLUDE STATE FROM OFFERING 911 TAPES FROM THEIR CASE AND CHEIF. ALLEN HEARING CONTINUED TO 10-16-15 AT 9:00 AM ROOM 501 FOR STATE TO PROVIDE COPIES OF 991 TAPES TO DEFENSE. BOND TO REMAIN; DEFENDANT'S APPERANCE WAIVED.
KELLEY, DANIEL BRYAN
10-08-2015 CTFREE

MUSSEMAN, WILLIAM: COURT SIGNS ORDER ENDORSING ADDITION WITNESSES.
KELLEY, DANIEL BRYAN
10-08-2015 NO

NOTICE OF ENDORSEMENT OF WITNESSES

Pursuant to 12 O.S. § 39, Document Available at Court Clerk's Office
KELLEY, DANIEL BRYAN
10-08-2015 O

ORDER

Pursuant to 12 O.S. § 39, Document Available at Court Clerk's Office
KELLEY, DANIEL BRYAN
10-09-2015 DEFT

DEFENDANT'S DISCOVERY

Pursuant to 12 O.S. § 39, Document Available at Court Clerk's Office
KELLEY, DANIEL BRYAN
10-13-2015 ADISC

ACKNOWLEDGEMENT OF RECEIPT OF SUPPLEMENTAL DISCOVERY

Pursuant to 12 O.S. § 39, Document Available at Court Clerk's Office
KELLEY, DANIEL BRYAN
10-16-2015 CTFREE

MUSEMAN, WILLIAM: DEFENDANT NOT PRESENT, IN CUSTODY AND REPRESENTED BY REBECCA NEWMAN IN FOR VELIA LOPEZ. STATE REPRESENTED BY KENENTH ELMORE. 991 TAPES TURNED OVER TO DEFENSE. DISCOVERY COMPLETE. JURY TRIAL ISSUE DATE OF 10-19-15 REMAINS.
KELLEY, DANIEL BRYAN
10-19-2015 CTFREE

MUSSEMAN, WILLIAM: DEFENDANT PRESENT, IN CUSTODY AND REPRESENTED BY VELIA LOPEZ. STATE REPRESENTED BY KENNETH ELMORE AND KEVIN KELLER, SECOND CHAIR. COURT REPORTER: DANA RUSH. CASE CALLED FOR JURY TRIAL ISSUE. PRIOR TO TRIAL DEFENDANT'S MOTIONS IN LIMINITE ARGUED AND RULED ON. 1) DEFENDANT'S MOTION TO EXCLUDE VICTIM'S DEATH GRANTED. 2) DEFENDANT'S MOTION TO EXCLUDE 2803(4) GRANTED IN PART, DENIED IN PART. 3) DEFENDANT'S MOTION TO EXCLUDE OFFICERS' OBSERVATIONS DURING SWEEP GRANTED. 4) DEFENDANT'S MOTION TO EXCLUDE SANE VIDEO TAKEN UNDER ADVISEMENT. 5) STATE'S MOTION TO DECLARE VICTIM AS UNAVAILABLE AND READ TRANSCRIPT IN TESTIMONY GRANTED.
RECORD MADE OF DEFENDANT DECLINING STATE'S OFFICER.
VOIRE DIRE/JURY SELECTION BEGINS THIS DAY. JURY TRIAL ISSUE TO BE CONTINUED TO 10-20-15 AT 9:30 AM ROOM 501. BOND TO REMAIN; DEFENDANT REMANDED TO CUSTODY.
KELLEY, DANIEL BRYAN
10-19-2015 MO

MOTION TO DELARE WITNESS UNAVAILABLE AND USE TRANSCRIPT AT JURY TRIAL

Pursuant to 12 O.S. § 39, Document Available at Court Clerk's Office
KELLEY, DANIEL BRYAN
10-19-2015 MOLIM

MOTION IN LIMINE

Pursuant to 12 O.S. § 39, Document Available at Court Clerk's Office
KELLEY, DANIEL BRYAN
10-19-2015 MOLIM

MOTION IN LIMINE

Pursuant to 12 O.S. § 39, Document Available at Court Clerk's Office
KELLEY, DANIEL BRYAN
10-19-2015 MOLIM

MOTION IN LIMINE

Pursuant to 12 O.S. § 39, Document Available at Court Clerk's Office
KELLEY, DANIEL BRYAN
10-19-2015 MOLIM

MOTION IN LIMINE TO EXCLUDE THE SANE VIDEO

Pursuant to 12 O.S. § 39, Document Available at Court Clerk's Office
KELLEY, DANIEL BRYAN
10-20-2015 ADISC

ACKNOWLEDGEMENT OF RECEIPT OF DISCOVERY

Pursuant to 12 O.S. § 39, Document Available at Court Clerk's Office
KELLEY, DANIEL BRYAN
10-22-2015 COSTF

COURT COSTS ON FELONY
1 KELLEY, DANIEL BRYAN $ 103.00
10-22-2015 DACPAF

DA COUNCIL PROSECUTION ASSESSMENT FOR FELONY
1 KELLEY, DANIEL BRYAN $ 25.00
10-22-2015 OCISR

OKLAHOMA COURT INFORMATION SYSTEM REVOLVING FUND
1 KELLEY, DANIEL BRYAN $ 25.00
10-22-2015 SSFCHS

SHERIFF’S SERVICE FEE FOR COURT HOUSE SECURITY
1 KELLEY, DANIEL BRYAN $ 10.00
10-22-2015 MELRF

MEDICAL EXPENSE LIABILITY REVOLVING FUND
1 KELLEY, DANIEL BRYAN $ 10.00
10-22-2015 CLEET

CLEET PENALTY ASSESSMENT
1 KELLEY, DANIEL BRYAN $ 9.00
10-22-2015 PFE7

LAW LIBRARY FEE
1 KELLEY, DANIEL BRYAN $ 6.00
10-22-2015 FOREN

FORENSIC SCIENCE IMPROVEMENT ASSESSMENT
1 KELLEY, DANIEL BRYAN $ 5.00
10-22-2015 SSF

SHERIFF'S SERVICE FEE ON ARRESTS
1 KELLEY, DANIEL BRYAN $ 5.00
10-22-2015 AFIS

AFIS FEE
1 KELLEY, DANIEL BRYAN $ 5.00
10-22-2015 CHAB

C.H.A.B. STATUTORY FEE
1 KELLEY, DANIEL BRYAN $ 3.00
10-22-2015 AGVSU

ATTORNEY GENERAL VICTIM SERVICES UNIT
1 KELLEY, DANIEL BRYAN $ 3.00
10-22-2015 FINE

FINES PAYABLE TO COUNTY
1 KELLEY, DANIEL BRYAN $ 5,000.00
10-22-2015 CCADMIN

COURT CLERK ADMINISTRATIVE FEE ON COLLECTIONS
1 KELLEY, DANIEL BRYAN $ 7.00
10-22-2015 COSTM

COURT COSTS ON MISDEMEANOR
3 KELLEY, DANIEL BRYAN $ 83.00
10-22-2015 OCISR

OKLAHOMA COURT INFORMATION SYSTEM REVOLVING FUND
3 KELLEY, DANIEL BRYAN $ 25.00
10-22-2015 DACPAM

DA COUNCIL PROSECUTION ASSESSMENT FOR MISDEMEANOR
3 KELLEY, DANIEL BRYAN $ 15.00
10-22-2015 TCARF

TRAUMA CARE ASSISTANCE REVOLVING FUND
3 KELLEY, DANIEL BRYAN $ 10.00
10-22-2015 MELRF

MEDICAL EXPENSE LIABILITY REVOLVING FUND
3 KELLEY, DANIEL BRYAN $ 10.00
10-22-2015 SSFCHS

SHERIFF’S SERVICE FEE FOR COURT HOUSE SECURITY
3 KELLEY, DANIEL BRYAN $ 10.00
10-22-2015 CLEET

CLEET PENALTY ASSESSMENT
3 KELLEY, DANIEL BRYAN $ 9.00
10-22-2015 PFE7

LAW LIBRARY FEE
3 KELLEY, DANIEL BRYAN $ 6.00
10-22-2015 FOREN

FORENSIC SCIENCE IMPROVEMENT ASSESSMENT
3 KELLEY, DANIEL BRYAN $ 5.00
10-22-2015 SSF

SHERIFF'S SERVICE FEE ON ARRESTS
3 KELLEY, DANIEL BRYAN $ 5.00
10-22-2015 AFIS

AFIS FEE
3 KELLEY, DANIEL BRYAN $ 5.00
10-22-2015 CHAB

C.H.A.B. STATUTORY FEE
3 KELLEY, DANIEL BRYAN $ 3.00
10-22-2015 AGVSU

ATTORNEY GENERAL VICTIM SERVICES UNIT
3 KELLEY, DANIEL BRYAN $ 3.00
10-22-2015 CCADMIN

COURT CLERK ADMINISTRATIVE FEE ON COLLECTIONS
3 KELLEY, DANIEL BRYAN $ 7.00
10-22-2015 CTJURY

MUSSEMAN, WILLIAM: DEFENDANT PRESENT, IN CUSTODY AND REPRESENTED BY VELIA LOPEZ AND PEGGY HADDOCK, SECOND CHAIR. STATE REPRESENTED BY KENNETH ELMORE AND KEVIN KELLER, SECOND CHAIR. COURT REPORTER DANA RUSH. 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 JURORS ARE ACCEPTED FOR CAUSE. PEREMPTORY CHALLENGES ISSUED BY THE STATE OF OKLAHOMA: PEREMPTORY CHALLENGES ISSUED BY THE DEFENDANT: THE FOLLOWING JURORS ARE ACCEPTED AND SWORN TO TRY THE CAUSE: THE ALTERNATE JURORS ARE SELECTED. 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 BAILIFF IS WAIVES AND AT 12:30 PM 10-22-15, THE BAILIFF AND JURY RETIRE FOR DELIBERATION. AT 12:30 PM 10-22-15 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 GUILTY OF THE CHARGE OF COUNT 1) RAPE BY INSTRUMENTATION FIRST DEGREE AND FIX PUNISHMENT AT TWENTY (20) YEARS DEPARTMENT OF CORRECTIONS, ALL TIME IN CUSTODY. WE, THE JURY IMPANELED AND SWORN IN THE ABOVE ENTITLED CAUSE, DO UPON OUR OATHS FIND THE DEFENDANT GUILTY OF THE CHARGE OF COUNT 3) NINETY DAYS TULSA COUNTY JAIL ALL TIME IN CUSTODY. JURORS CONCURRING, SIGNED BY FOREMAN. JURY DISCHARGED. COURT ORDERS DEFENDANT TAKEN INTO CUSTODY. BOND EXONERATED. DEFENDANT REQUESTS IMMEDIATE SENTENCING. COURT SENTENCES PER RECOMMENDATION OF THE JURY, ALL COUNTS TO RUN CONCURRENT WITH EACH OTHER AND WITH CF-13-4187. COURT ORDERS FOUR (4) YEARS POST IMPRISONMENT SUPERVISION. WITNESSES AND TESTIMONY HEARD IN TRIAL: SEVEN (7).
KELLEY, DANIEL BRYAN
10-23-2015 CTFREE

AMEND MINUTE 10-22-15 TO SHOW JURY FOUND DEFENDANT GUILTY ON COUNT 3, BUT DEFENDANT WAS SENTENCED BY COURT.
KELLEY, DANIEL BRYAN
10-26-2015 CNOTE

CASE NOTE: DEFENDANT IS SENTENCED TO DOC CUSTODY.
KELLEY, DANIEL BRYAN
10-26-2015 TEXT

COURT MINUTE OF 10-22-15

Pursuant to 12 O.S. § 39, Document Available at Court Clerk's Office
KELLEY, DANIEL BRYAN
10-26-2015 J&S

JUDGMENT AND SENTENCE

Pursuant to 12 O.S. § 39, Document Available at Court Clerk's Office
3 KELLEY, DANIEL BRYAN
10-26-2015 RETCP

RETURN COMMITMENT FOR PUNISHMENT

Pursuant to 12 O.S. § 39, Document Available at Court Clerk's Office
KELLEY, DANIEL BRYAN
10-26-2015 TEXT

STATEMENT OF THE CASE

Pursuant to 12 O.S. § 39, Document Available at Court Clerk's Office
KELLEY, DANIEL BRYAN
10-26-2015 VERD

VERDICT(S) SIGNED, # COUNT 1

Pursuant to 12 O.S. § 39, Document Available at Court Clerk's Office
KELLEY, DANIEL BRYAN
10-26-2015 VERD

VERDICT(S) SIGNED, # COUNT 3

Pursuant to 12 O.S. § 39, Document Available at Court Clerk's Office
KELLEY, DANIEL BRYAN
10-26-2015 VERD

VERDICT(S) SIGNED, # COUNT 1 SECOND STAGE

Pursuant to 12 O.S. § 39, Document Available at Court Clerk's Office
KELLEY, DANIEL BRYAN
10-26-2015 RULE8

ORDER OF THE COURT - RULE 8 HEARING

Pursuant to 12 O.S. § 39, Document Available at Court Clerk's Office
KELLEY, DANIEL BRYAN
10-26-2015 R&C

RULES & CONDITIONS OF PROBATION

Pursuant to 12 O.S. § 39, Document Available at Court Clerk's Office
KELLEY, DANIEL BRYAN
10-27-2015 J&S

JUDGMENT AND SENTENCE

Pursuant to 12 O.S. § 39, Document Available at Court Clerk's Office
1 KELLEY, DANIEL BRYAN
10-28-2015 RETCP

RETURN COMMITMENT FOR PUNISHMENT

Pursuant to 12 O.S. § 39, Document Available at Court Clerk's Office
KELLEY, DANIEL BRYAN
10-29-2015 CTFREE

MUSSEMAN, WILLIAM: COURT SIGNS NOTICE OF INTENT TO APPEAL.
KELLEY, DANIEL BRYAN
10-29-2015 NOREQ

NOTICE OF INTENT TO APPEAL; ORDER DETERMINING INDIGENCY, APPELLATE COUNSEL, PREPARATION OF APPEAL RECORD, GRANTING TRIAL COUNSEL'S MOTION TO WITHDRAW; COURT REPORTER ACKNOWLEDGMENT; NOTIFICATION OF APPELLATE COUNSEL IF APPOINTED AND DESIGNATION OF RECORD

Pursuant to 12 O.S. § 39, Document Available at Court Clerk's Office
KELLEY, DANIEL BRYAN
11-12-2015 CAP

CERTIFICATE OF APPEAL - F-2015-963 - TULSA COUNTY

Pursuant to 12 O.S. § 39, Document Available at Court Clerk's Office
KELLEY, DANIEL BRYAN
12-21-2015 WFPDA

WITNESS FEES PAID BY DISTRICT ATTORNEY 12/3/15

Pursuant to 12 O.S. § 39, Document Available at Court Clerk's Office
KELLEY, DANIEL BRYAN $ 14.00
12-29-2015 RETJS$

RETURN JUDGMENT & SENTENCE

Pursuant to 12 O.S. § 39, Document Available at Court Clerk's Office
KELLEY, DANIEL BRYAN $ 50.00
12-29-2015 OCISR

OKLAHOMA COURT INFORMATION SYSTEM REVOLVING FUND
KELLEY, DANIEL BRYAN $ 25.00
01-07-2016 T&2

ORIGINAL TRANSCRIPT & 2 COPIES OF THE FOLLOWING;
1) MOTION HEARING/JURY TRIAL (VOUME I OF IV) HELD OCTOBER 19TH, 2015,
2) JURY TRIAL VOLUME II OF IV HELD OCTOBER 20TH, 2015,
3) JURY TRIAL VOLUME III OF IV HELD OCTOBER 21TH, 2015,
4) JURY TRIAL AND SENTENCE VOLUME IV OF IV HELD OCTOBER 22,, 2015,
ALSO ORIGINAL AND TWO SETS STATE'S EXHIBITS 1-13, 19-23, 23A, 24-26, DEFENDANT'S EXHBIIT 1, COURT'S EXHIBITS 1-2,
ALSO CONTAINING;
STIPULATION OF FACTS;
THREE NOTES FROM THE JURY
IN CLOSED MANILA ENVELOPES.

Pursuant to 12 O.S. § 39, Document Available at Court Clerk's Office
KELLEY, DANIEL BRYAN
01-07-2016 NO

NOTICE OF COMPLETION

Pursuant to 12 O.S. § 39, Document Available at Court Clerk's Office
KELLEY, DANIEL BRYAN
01-11-2016 T&2

ORIGINAL TRANSCRIPT & 2 COPIES OF DISTRICT COURT ARRAIGNMENT ON MARCH 16, 2015.

Pursuant to 12 O.S. § 39, Document Available at Court Clerk's Office
KELLEY, DANIEL BRYAN
01-11-2016 NO

AMENDED NOTICE OF COMPLETION

Pursuant to 12 O.S. § 39, Document Available at Court Clerk's Office
KELLEY, DANIEL BRYAN
01-13-2016 COPYI

COPY OF INDEX OF APPEAL RECORD (3) WITH ORIGINAL TRANSCRIPT AND ONE COPY OF PRELIMINARY HEARING HELD ON
THE 10TH DAY OF MARCH, 2015. ONE COPY TO PUBLIC DEFENDER'S OFFICE
JUNE 16, 2015.
ORIGINAL TRANSCRIPT AND TWO COPIES OF THE FOLLOWING;
1) DISTRICT COURT ARRAIGMENT HELD MARCH 16, 2015,
2) MOTION HEARING/JURY TRIAL (VOLUME I OF IV) HELD OCTOBER 19TH, 2015,
3) JURY TRIAL VOLUME II OF IV HELD OCTOBER 20TH, 2015,
4) JURY TRIAL VOLUME III OF IV HELD OCTOBER 21, 2015,
5) JURY TRIAL AND SENTENCING VOLUME IV OF IV HELD OCTOBER 22, 2015,
ALSO ORIGINAL AND TWO SETS OF STATE'S EXHBITS 1-13, 19-23, 23A, 24-26, DEFENDANT'S EXHIBIT 1, COURT'S EXHIBITS 1 AND 2 IN CLOSED
MANILA ENVELOPES.

Pursuant to 12 O.S. § 39, Document Available at Court Clerk's Office
KELLEY, DANIEL BRYAN $ 300.00
01-13-2016 NCRAP

NOTICE OF COMPLETION OF RECORD ON APPEAL - COPIES TO: COURT OF CRIMINAL APPEALS, DISTRICT ATTORNEY, ATTORNEY GENERAL AND PUBLIC DEFENDER OFFICE.

Pursuant to 12 O.S. § 39, Document Available at Court Clerk's Office
KELLEY, DANIEL BRYAN
01-22-2016 RQCCA

REQUEST FROM COURT CRIMINAL APPEALS TO SEND APPEAL RECORD

Pursuant to 12 O.S. § 39, Document Available at Court Clerk's Office
KELLEY, DANIEL BRYAN
01-22-2016 TEXT

APPEAL RECORDS (2) WITH ORIGINAL TRANSCRIPT AND ONE COPY OF THE FOLLOWING TRANSMITTED TO THE COURT OF CRIMINAL APPEALS BY UPS;
1) PRELIMINAIRY HEARING HELD ON THE 10TH DAY OF MARCH, 2015,
2) DISTRICT COURT ARRAIGNMENT HELD MARCH 16, 2015,
3) MOTION HEARING/JURY TRIAL (VOLUME I OF IV) HELD OCTOBER 19TH, 2015,
4) JURY TRIAL VOLUME II OF IV HELD OCTOBER 20TH, 2015,
5) JURY TRIAL VOLUME III OF IV HELD OCTOBER 21, 2015 ,
6) JURY TRIAL AND SENTENCING VOLUME IV OF IV HELD OCTOBER 22, 2015,

ALSO ORIGINAL AND ONE SET OF STATE'S EXHIBITS 1-13, 19-23, 23A, 24-26, DEFENDANT'S EXHIBIT 1, COURT'S EXHIBITS 1 AND 2 IN CLOSED MANLA ENVELOPES.
KELLEY, DANIEL BRYAN
02-03-2016 PYREQ

PAYMENT REQUEST - TRANSCRIPTS

Pursuant to 12 O.S. § 39, Document Available at Court Clerk's Office
KELLEY, DANIEL BRYAN
03-23-2016 RECAP

RECEIPT FOR APPEAL RECORD

Pursuant to 12 O.S. § 39, Document Available at Court Clerk's Office
KELLEY, DANIEL BRYAN
10-18-2016 CTRS

CLAIM FOR INTERCEPT OF TAX REFUND
KELLEY, DANIEL BRYAN
07-14-2017 MO

MOTION FOR JURY TO ASSESS PUNISHMENT

Pursuant to 12 O.S. § 39, Document Available at Court Clerk's Office
KELLEY, DANIEL BRYAN
07-14-2017 MO

MOTION TO DETERMINE ADMISSIBILITY

Pursuant to 12 O.S. § 39, Document Available at Court Clerk's Office
KELLEY, DANIEL BRYAN
07-17-2017 MANTO

RECEIVED MANDATE (JUDGMENTS AFFIRMED, COUNT 1-REVERSED AND REMANDED FOR RESENTENCING COUNT 3-AFFIRMED) - DELIVERED TO JUDGE MUSSEMAN
KELLEY, DANIEL BRYAN
07-24-2017 CTFREE

MUSSEMAN, WILLIAM: MANDATE ORDERED FILED AND SPREAD OF RECORD.
KELLEY, DANIEL BRYAN
07-25-2017 MAN

MANDATE - JUDGMENTS AFFIRMED, COUNT 1 - REVERSED AND REMANDED FOR RESENTENCING. COUNT 3 - AFFIRMED

Pursuant to 12 O.S. § 39, Document Available at Court Clerk's Office
KELLEY, DANIEL BRYAN
08-04-2017 TEXT

RECEIPT FOR MANDATE AND RETURN OF MANDATE MAILED TO THE COURT OF CRIMINAL APPEALS
KELLEY, DANIEL BRYAN
08-10-2017 CTFREE

MUSSEMAN, WILLIAM: REBECCA NEWMAN FOR STUART SOUTHERLAND. STATE REPRESENTED BY MORGAN PINKERTON FOR KENNETH ELMORE. STATUS ON REMANDED FOR COUNT 1 CONTINUED AT THE REQUEST OF THE DEFENDANT TO 9/11/2017 @9:30AM IN ROOM 501.
KELLEY, DANIEL BRYAN
09-11-2017 CTFREE

MUSSEMAN, WILLIAM: STUART SOUTHERLAND FOR THE DEFENSE, MORGAN PINKERTON FOR KENNETH ELMORE FOR THE STATE. ALLEN DISCOVERY HEARING SET FOR 10/9/2017 @9:30AM IN ROOM 501. JURY TRIAL ISSUE SET FOR 12/4/2017 @9:30AM IN ROOM 501.
KELLEY, DANIEL BRYAN
09-11-2017 ODNY

ORDER DENYING PETITION FOR REHEARING

Pursuant to 12 O.S. § 39, Document Available at Court Clerk's Office
KELLEY, DANIEL BRYAN
10-04-2017 CTBWFTA

MUSSEMAN, WILLIAM: BENCH WARRANT FOR CAUSE ORDERED. BOND ORDERED FORFEITED. BOND SET IN THE AMOUNT OF HOLD WITHOUT BOND
KELLEY, DANIEL BRYAN
10-04-2017 BWICA

BENCH WARRANT ISSUED - CAUSE, JUDGE: WILLIAM MUSSEMAN - BOND AMOUNT:
COUNT 1 - RAPE BY INSTRUMENTATION - 1ST DEGREE HOLD WITHOUT BOND
KELLEY, DANIEL BRYAN $ 50.00
10-04-2017 OCISR

OKLAHOMA COURT INFORMATION SYSTEM REVOLVING FUND
KELLEY, DANIEL BRYAN $ 25.00
10-06-2017 J&S

JUDGMENT AND SENTENCE - VACATED AS PER MANDATE 07/24/17

Pursuant to 12 O.S. § 39, Document Available at Court Clerk's Office
1 KELLEY, DANIEL BRYAN
10-09-2017 RETBW

WARRANT RETURNED 10/9/2017, WARRANT ISSUED ON 10/4/2017

Pursuant to 12 O.S. § 39, Document Available at Court Clerk's Office
KELLEY, DANIEL BRYAN
10-09-2017 CTFREE

MUSSEMAN, WILLIAM: DEFENDANT NOT PRESENT, IN CUSTODY, AND REPRESENTED BY RICHARD KOLLER FOR STUART SOUTHERLAND. STATE REPRESENTED BY ETHAN SNEED FOR KENNETH ELMORE. PARTIES ANNOUNCE DISCOVERY COMPLETE. JURY TRIAL ISSUE 12/4/2017 @9:30AM IN ROOM 501 TO REMAIN.
KELLEY, DANIEL BRYAN
10-10-2017 CTRS

CLAIM FOR INTERCEPT OF TAX REFUND
KELLEY, DANIEL BRYAN
11-06-2017 CTFREE

MUSSEMAN, WILLIAM: COURT SIGNS ORDER SETTING HEARING ON DEFENDANT'S MOTION TO SUPPRESS. HEARING SET FOR 11/21/2017 @9:30AM IN ROOM 501.
KELLEY, DANIEL BRYAN
11-06-2017 MOSE

MOTION TO SUPPRESS AND BRIEF IN SUPPORT THEREOF

Pursuant to 12 O.S. § 39, Document Available at Court Clerk's Office
KELLEY, DANIEL BRYAN
11-08-2017 TEXT

ORIGINAL OF THE FOLLOWING RETURNED BY COURT OF CRIMINAL APPEALS AND PLACED IN COURT FILE:

1) PRELIMINAIRY HEARING HELD ON THE 10TH DAY OF MARCH, 2015,
2) DISTRICT COURT ARRAIGNMENT HELD MARCH 16, 2015,
3) MOTION HEARING/JURY TRIAL (VOLUME I OF IV) HELD OCTOBER 19TH, 2015,
4) JURY TRIAL VOLUME II OF IV HELD OCTOBER 20TH, 2015,
5) JURY TRIAL VOLUME III OF IV HELD OCTOBER 21, 2015 ,
6) JURY TRIAL AND SENTENCING VOLUME IV OF IV HELD OCTOBER 22, 2015,

ALSO ORIGINAL AND ONE SET OF STATE'S EXHIBITS 1-13, 19-23, 23A, 24-26, DEFENDANT'S EXHIBIT 1, COURT'S EXHIBITS 1 AND 2 IN CLOSED MANLA ENVELOPES.
KELLEY, DANIEL BRYAN
11-17-2017 MOSE

STATE'S RESPONSE TO DEFENDANT'S MOTION TO SUPPRESS

Pursuant to 12 O.S. § 39, Document Available at Court Clerk's Office
KELLEY, DANIEL BRYAN
11-21-2017 CTFREE

MUSSEMAN, WILLIAM: DEFENDANT PRESENT, IN CUSTODY, AND REPRESENTED BY STUART SOUTHERLAND. STATE REPRESENTED BY KENNETH ELMORE. COURT REPORTER: DIANA CAVENAH. CASE CALLED FOR DEFENDANT'S MOTION TO SUPPRESS. ARGUMENTS HEARD. MOTION GRANTED IN PART, DENIED IN PART. JURY TRIAL ISSUE 12/4/2017 @9:30AM IN ROOM 501 TO REMAIN. BOND TO REMAIN, DEFENDANT REMANDED TO CUSTODY.
KELLEY, DANIEL BRYAN
11-30-2017 CTFREE

MUSSEMAN, WILLIAM: STUART SOUTHERLAND FOR THE DEFENDANT; KENNETH ELMORE FOR THE STATE; SET FOR PRETRIAL MOTION HEARING ON 12/1/2017 @9:30AM IN ROOM 501. DEPUTIES NOTIFIED.
KELLEY, DANIEL BRYAN
11-30-2017 MOLIM

MOTION IN LIMINE

Pursuant to 12 O.S. § 39, Document Available at Court Clerk's Office
KELLEY, DANIEL BRYAN
12-01-2017 CTFREE

MUSSEMAN, WILLIAM: DEFENDANT PRESENT, IN CUSTODY, AND REPRESENTED BY STUART SOUTHERLAND. STATE REPRESENTED BY KEVIN KELLER. COURT REPORTER: DIANA CAVENAH. CASE CALLED FOR DEFENDANT'S MOTION IN LIMINE. GRANTED IN PART, DENIED IN PART.
KELLEY, DANIEL BRYAN

Outcome: Defendant was sentenced to life in prison.

Plaintiff's Experts:

Defendant's Experts:

Comments: Editor's Comment: Defendant successfully appealed his sentence but ended up worse off as a result of the trial of the sentencing portion of his case. This is an example of being careful of what you ask for.



Find a Lawyer

Subject:
City:
State:
 

Find a Case

Subject:
County:
State: