Jade Christian Nichols v The State Of Oklahoma

RE-2019-850

Filed: Mar. 25, 2021

Not for publication

Prevailing Party: The State Of Oklahoma

Summary

Jade Christian Nichols appealed his conviction for a revoked suspended sentence. The conviction and sentence of four years were overturned. Judge Kuehn and Judge Lumpkin agreed, while Judge Lewis and Judge Hudson concurred.

Decision

The order of the district court of Canadian County revoking four years of Appellant's suspended judgment and sentence in Case No. CF-2014-591 is REVERSED and the case is REMANDED to the District Court with instructions to hold a new revocation hearing before a different judge.

Issues

• Was the judge who presided over the revocation hearing neutral and detached?
• Was there a proper waiver for the judge's previous representation of the Appellant?
• Did the revocation of the suspended sentence comply with minimum due process standards?

Findings

• the court erred
• the revocation order is reversed
• the case is remanded for a new hearing before a different judge
• Appellant's remaining propositions of error are moot

RE-2019-850

Mar. 25, 2021

Jade Christian Nichols

Appellant

v

The State Of Oklahoma

Appellee

SUMMARY OPINION

ROWLAND, VICE PRESIDING JUDGE: Jade Christian Nichols appeals the order of the District Court of Canadian County revoking the outstanding portion of his suspended sentence in Case No. CF-2014-591. In his first proposition of error, Appellant contends that the judge that presided at the revocation hearing was not neutral and detached and that he is, therefore, entitled to a new hearing before a different judge. The State agrees. So do we. When Appellant entered negotiated pleas of guilty in November of 2014, he was represented by Mr. Charles Gass. Some four years later, the Honorable Charles Gass, Special Judge, presided over the hearing that resulted in the revocation of the remaining four years of Appellant’s suspended sentence. No judge of any court shall sit in any cause or proceeding in which he has been of counsel for either side without the consent of the parties to said action entered of record. 20 O.S.2011, § 1401(A). There is nothing in the record to suggest that Judge Gass recalled his earlier representation of Appellant. Nonetheless, the record does not contain the requisite waiver. Section 1401 is in keeping with the minimum due process standards required for revocation proceedings. [T]he revocation of parole or probation should be made by a ‘neutral and detached’ hearing body that is an ‘independent decisionmaker’ not directly involved in the case. Wortham v. State, 2008 OK CR 18, ¶ 8, 188 P.3d 201, 204 (citing Morrissey v. Brewer, 408 U.S. 471, 485-86 (1972) and Gagnon v. Scarpelli, 411 U.S. 778, 782 (1973)). Accordingly, the order of the district court of Canadian County revoking four years of Appellant’s suspended judgment and sentence in Case No. CF-2014-591 is REVERSED and the case is REMANDED to the District Court with instructions to hold a new revocation hearing before a different judge. Appellant’s remaining propositions of error are moot.

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Footnotes:

1. 20 O.S.2011, § 1401(A)
2. Wortham v. State, 2008 OK CR 18, 188 P.3d 201, 204
3. Morrissey v. Brewer, 408 U.S. 471 (1972)
4. Gagnon v. Scarpelli, 411 U.S. 778 (1973)

Oklahoma Statutes citations:

• Okla. Stat. tit. 20 § 1401(A) - Disqualification of judges

Oklahoma Administrative Rules citations:

No Oklahoma administrative rules found.

U.S. Code citations:

No US Code citations found.

Other citations:

No other rule citations found.

Case citations:

• Wortham v. State, 2008 OK CR 18, ¶ 8, 188 P.3d 201, 204
• Morrissey v. Brewer, 408 U.S. 471, 485-86 (1972)
• Gagnon v. Scarpelli, 411 U.S. 778, 782 (1973)