548 P.3d 794
Okla. Crim. App.2024Background
- Kevin Swager was convicted by jury in Delaware County District Court on two counts of child sexual abuse involving a victim under twelve: first-degree rape by instrumentation and lewd molestation.
- Swager received 25-year prison sentences on each count; sentences to run consecutively, with all but the first ten years of Count 2's sentence suspended.
- Swager was required to serve 85% of the sentences before parole eligibility under Oklahoma law.
- On appeal, Swager argued that his confession was involuntary and that a victim impact statement at sentencing improperly included allegations outside the charged offenses, allegedly affecting his sentence.
- The Oklahoma Court of Criminal Appeals reviewed Swager’s claims, focusing strictly on plain error review as objections to these issues were not properly preserved at trial.
Issues
| Issue | Swager's Argument | State's Argument | Held |
|---|---|---|---|
| Voluntariness of Confession | Confession was coerced by police promises and mental weakness | Confession was voluntary; standard interview techniques | No coercion; confession was voluntary and admissible |
| Scope of Victim Impact Statement | Improperly included unrelated, inflammatory allegations | Judge was not improperly influenced; no error in sentencing | No evidence of improper influence or plain error |
Key Cases Cited
- Crawford v. State, 840 P.2d 627 (Okla. Crim. App. 1992) (addresses voluntariness of confessions, requiring no threats, promises, or improper influence)
- Johnson v. State, 272 P.3d 720 (Okla. Crim. App. 2012) (district court's confession ruling must be supported by competent evidence of voluntariness)
- Underwood v. State, 252 P.3d 221 (Okla. Crim. App. 2011) (clarifies acceptable police practices in obtaining confessions)
- Magnan v. State, 207 P.3d 397 (Okla. Crim. App. 2009) (judges are presumed to know and follow the law in sentencing)