C-2009-1033

  • Post author:
  • Post category:C

In OCCA case No. C-2009-1033, the petitioner appealed his conviction for two counts of permitting child abuse. In a published decision, the court decided to grant the petition for the writ of certiorari, allowing the petitioner to withdraw his plea of no contest. One judge dissented. The petitioner, Huyen Cleveland Tran, was charged in 2004, with permitting child abuse in Oklahoma County. In May 2007, the petitioner entered a no contest plea and received a deferred sentence, which means she wouldn’t have to go to prison right away if she followed certain rules. However, in 2009, the State asked the court to speed up her sentence, and the court decided she should serve five years in prison. Tran then wanted to take back her plea of no contest because she believed she didn’t fully understand it and thought she had a valid defense. She raised several issues in her appeal, including that she did not have effective legal help because her attorney represented both her and her husband, who was also charged. This was seen as a conflict of interest. The court agreed with Tran that her attorney had a conflict because he could not fully defend her without hurting her husband’s case. Since this conflict affected her legal representation, the court granted her request to withdraw her plea. The ruling means that Tran can now have a new chance to argue her case without the problems that came from the conflict of interest with her previous lawyer. One judge felt that rather than allowing Tran to withdraw her plea completely, the case should be sent back for a proper hearing with a new lawyer who does not have a conflict of interest.

Continue ReadingC-2009-1033

C-2009-542

  • Post author:
  • Post category:C

In OCCA case No. C-2009-542, Gatewood appealed his conviction for Trafficking in Illegal Drugs and Using a Telephone to Cause the Commission of the Crime of Trafficking in Illegal Drugs. In an unpublished decision, the court decided to grant Gatewood's petition for writ of certiorari, allowing him to withdraw his pleas. One judge dissented. Roscoe Curtis Gatewood, Jr. was in trouble because he was accused of selling drugs and using a phone to help with that crime. He decided to plead guilty to these charges with the advice of his lawyer. The judge gave him a long sentence. Gatewood later wanted to change his plea because he felt his lawyer had a conflict of interest. The conflict happened because both Gatewood and his girlfriend, who was also accused, were represented by lawyers from the same law firm. Gatewood's girlfriend decided to testify against him in exchange for a lighter sentence. This meant Gatewood's lawyer could not defend him as well because he was also looking out for the girlfriend's best interests. The court agreed that this was a serious problem, which unfairly affected Gatewood's case. As a result, the court allowed Gatewood to take back his guilty pleas, meaning he could go to trial instead. The decision to reverse the previous ruling was made so Gatewood could have a fair chance to defend himself. In summary, the court found that Gatewood's rights were harmed because of his lawyer's conflicting duties, and they reversed his conviction so he could have another chance in court.

Continue ReadingC-2009-542