Blind Plea

C-2005-1208

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In OCCA case No. C-2005-1208, Eric Evan Smith appealed his conviction for 30 counts of Possession of Obscene Material Involving the Participation of a Minor Under the Age of Eighteen. In a published decision, the court decided to grant his request to withdraw his plea and ordered a new hearing on the application to withdraw the plea. One judge dissented. Smith had pleaded guilty in a district court, where he was sentenced to twenty years in prison for each count, with the sentences to be served at the same time, but only serving the first fifteen years of each count. After some time, Smith wanted to change his plea and said it wasn't voluntary because he felt pressured by his attorney. His case was reviewed, and it was determined that there was a conflict between him and his lawyer. Smith argued that his lawyer made him plead guilty by suggesting he would get a lighter sentence if he did so. In the hearing, Smith asserted that his attorney had coerced him into the plea, while his attorney denied it. Because of the angry and conflicting testimonies, the judges believed there was a problem that affected Smith's rights to a fair trial and effective help from a lawyer. The court found that Smith's lawyer could not properly help him because of this conflict. This led them to decide that Smith deserved another chance to explain his case and why he wanted a different plea. The decision meant that Smith had the right to go back to court, where he could present his reasons for wanting to change his plea and have a new decision made on whether his original plea was fair and appropriate. The dissenting judge felt that the court should not have granted this new hearing, believing that Smith's plea was done properly and his lawyer's conflict did not significantly affect the case, arguing that there was no abuse of power in the original decision of the court.

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PR-2006-120

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In OCCA case No. PR-2006-120, a petitioner appealed her conviction for unlawful possession of a controlled drug (methamphetamine) and driving without seatbelts. In a published decision, the court decided to grant the petitioner's request for relief in part and deny it in part. One judge dissented. The case began when the petitioner was charged with possessing methamphetamine and driving without a seatbelt. She initially agreed to a plea deal with the state, which involved accepting guilt for the drug charge and a fine for the seatbelt violation. However, when the petitioner refused to follow through with the state’s conditions for the plea, she attempted to enter a non-negotiated or blind guilty plea. The judge refused to accept her blind plea and insisted she proceed to trial, stating she did not have an absolute right to plead guilty. The petitioner believed she should be allowed to enter her guilty plea without the state’s conditions. This disagreement led her to file a petition with the court seeking orders to either allow her to plead guilty or to prevent the judge from forcing her to go to trial. After reviewing the facts of the case, the court found that the petitioner had a clear legal right to have her guilty plea accepted if it met the necessary legal requirements. The court noted that it was a mistake for the judge to reject her plea without evaluating whether it was voluntary and if there was a factual basis for it. The court granted part of the petitioner’s request by directing the district court judge to conduct a hearing on her blind plea and accept it if it correctly fulfilled the legal standards. However, the court denied her request to have her plea regarding the seatbelt violation accepted, as that plea required the judge’s approval. The dissenting judge expressed concerns about whether the petitioner had truly shown that she was being harmed by the trial court's refusal to accept her plea, suggesting that any challenges to a guilty plea rejection should typically be taken up in direct appeals rather than with this type of petition. The dissenting judge also supported the trial judge's discretion, arguing that the right to a jury trial must be upheld. In summary, the court ruled that the petitioner should be given a chance to enter her guilty plea under the law, but that her plea regarding the seatbelt violation did not have to be accepted.

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C-2005-398

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In OCCA case No. C-2005-398, Elisa Nielson appealed her conviction for Lewd Acts with a Child Under the Age of 16. In a published decision, the court decided to grant the petition for certiorari and remand the case for further proceedings. One judge dissented from the decision. Elisa Nielson had entered a guilty plea for her crime on February 7, 2005. The judge sentenced her to twenty years in prison, but she would only have to serve ten years if she followed certain rules. Nielson later wanted to take back her guilty plea because she thought there was confusion about what her sentence would be. She argued that a deal was made where she wouldn't be sentenced to more than five years in prison, but when it came time for sentencing, the judge did not follow that recommendation. Nielson brought her case to a higher court, saying that the trial judge should have let her change her mind about the guilty plea before sentencing. The higher court looked at all the facts and agreed with her. They found that the confusion about the plea meant she should have been allowed to withdraw it. The court decided Nielson's issue about the sentence was not relevant after they allowed her to withdraw her plea. So, they granted her request and sent the case back to the lower court to work things out according to their ruling. One judge disagreed and said that Nielson understood what she was doing when she accepted her guilty plea. He thought the agreement was clear and that the lower court had done everything correctly. He would not have granted her appeal.

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C-2004-1156

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In OCCA case No. C-2004-1156, Timothy Mark Watkins appealed his conviction for child abuse and rape. In an unpublished decision, the court decided to grant his appeal and allow him to withdraw his guilty plea. One judge dissented from this decision.

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C-2004-1108

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In OCCA case No. C-2004-1108, Jonathan Andrew McCubbin appealed his conviction for four counts of Sexual Abuse of a Child. In an unpublished decision, the court decided to grant McCubbin's petition for Writ of Certiorari and remanded the case for a new hearing on his application to withdraw his guilty plea. One judge dissented. Here's a summary of what happened: McCubbin entered a blind guilty plea, which means he agreed to plead guilty without a deal or knowing what his sentence would be. He was sentenced to fifty years in prison, but would serve only thirty years for each count, all at the same time. After some time, McCubbin wanted to take back his guilty plea and tried to do so by asking the court. He argued that his lawyer did not give him good legal help and that their interests were not the same; his lawyer seemed to be against him during the hearings. The court found that there was a true conflict between McCubbin and his lawyer. The lawyer was unable to defend him properly because they were arguing with each other over whether McCubbin should be allowed to withdraw his plea or not. Because of this conflict and the lack of good legal help, the court said McCubbin needed a new chance to withdraw his guilty plea. This meant the case would go back to the trial court for a proper hearing where he could have a different lawyer represent him.

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C-2004-903

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In OCCA case No. C-2004-903, David Wayne Laughlin appealed his conviction for Sexual Abuse of a Child. In a published decision, the court decided to grant Laughlin’s request to withdraw his guilty plea and remand the case for a new hearing. One judge dissented.

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C-2003-1247

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In OCCA case No. C-2003-1247, Robert Hershal Perkis appealed his conviction for robbery with a dangerous weapon, kidnapping, and burglary in the first degree. In an unpublished decision, the court decided to affirm the conviction for robbery with a dangerous weapon, reverse the kidnapping conviction, and modify the burglary conviction to second-degree burglary. One judge dissented on the kidnapping aspect. Robert Hershal Perkis was charged with three serious crimes: robbery using a dangerous weapon, kidnapping, and first-degree burglary. He pleaded nolo contendere, which means he did not contest the charges. The court sentenced him to a total of 60 years in prison for these crimes, with the sentences running one after the other, and ordered him to pay fines and restitution. Later, Perkis filed an application to withdraw his guilty pleas, stating that his pleas were not supported by enough evidence, that the sentences were too harsh, and that he did not receive good help from his lawyer. The court looked into these claims and first examined if the pleas were based on sufficient evidence. For the robbery charge, the court found that the victim was threatened with a dangerous weapon and had property taken from him, which satisfied the elements of robbery. Thus, the court upheld Perkis' conviction for robbery with a dangerous weapon. In looking at the kidnapping charge, the court considered the facts surrounding the incident. The victim was taken to a field and held there by Perkis and others. The central issue was whether the confinement of the victim could be considered “secret.” The court decided that because the victim was in a public area, it did not meet the legal definition of secret confinement, which led to the reversal of the kidnapping conviction. Regarding the burglary charge, the court found that while there were issues concerning the evidence for first-degree burglary, it chose to modify the conviction to second-degree burglary instead, giving Perkis a shorter sentence for that conviction. Overall, the court's opinion granted some relief to Perkis by reversing one conviction and modifying another, but kept the robbery conviction intact. The dissenting judge felt that the kidnapping conviction should stand, arguing that the facts should be considered as a case of secret confinement.

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C-2003-848

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In OCCA case No. C-2003-848, Todd Wayne McFarland appealed his conviction for Sexual Battery and Rape by Instrumentation. In an unpublished decision, the court decided to allow McFarland to withdraw his plea due to being denied effective assistance of counsel. One member of the court dissented. McFarland had entered a no contest plea after being told by his attorney that he could receive a deferred sentence. However, it turned out that he was not eligible for this type of sentence. McFarland argued that he would not have pleaded no contest if he had known the correct information. After reviewing all the records and evidence, the court agreed that McFarland’s attorney had given him incorrect advice and that this affected his decision to plead. Therefore, the court felt he should be allowed to change his plea.

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C-2003-399

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In OCCA case No. C-2003-399, Ronnie Lamar Coulter appealed his conviction for multiple counts including First Degree Rape and Assault with a Deadly Weapon. In a published decision, the court decided to affirm part of the original conviction while reversing the conviction for Count 12, which was for Assault with a Deadly Weapon. One judge dissented. Coulter had pleaded guilty to several serious crimes and was sentenced to a total of 200 years in prison. He later tried to withdraw his guilty plea, but the trial court denied this request. His appeal included complaints about the lack of a recorded sentencing hearing, the harshness of his sentence, and the validity of the Count 12 charge. The court found that Coulter had knowingly and voluntarily entered his plea and that the lack of a recorded hearing did not hinder his ability to appeal. The judges ruled that there wasn’t evidence to suggest that the sentencing was unfair or based on inappropriate information. However, Coulter's appeal concerning Count 12 was granted because the judges agreed that there was no basis for the charge since no battery had been committed as required by law. Thus, the court upheld most of the original convictions but reversed the one regarding Assault with a Deadly Weapon.

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F-1999-1652

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In OCCA case No. F-99-1652, Mickey Lee Cosar appealed his conviction for Possession of Marijuana with Intent to Distribute and Unlawful Possession of Paraphernalia. In a published decision, the court decided that his termination from the Drug Court program was not handled correctly and mandated a new termination hearing with proper notice. One judge dissented. The case began when Cosar entered a blind plea to the drug charges in September 1998 as part of a condition to join the Drug Court program, which allows individuals to receive treatment instead of immediate punishment. However, during the process, certain legal requirements were not met. A hearing in April 1999 determined that Cosar should be removed from the Drug Court program, which led to a sentencing hearing in May 1999 where he was sentenced to life in prison despite not having any prior serious convictions. On appeal, Cosar argued that he was denied due process because he was improperly arrested, was not given proper notice of the charges against him, and was not presented a fair hearing before a judge. He contended that his sentence was too harsh given his background and that it was improperly based on unproven allegations. The court found merit in Cosar’s claims. It noted that he did not receive written notice of the termination hearing, which is necessary, and that his due process rights were violated. The court emphasized that to follow proper legal procedures, a new hearing must be held where Cosar would receive notice of the reasons for his termination from the Drug Court. This notice must be clear enough for him to prepare a defense. Moreover, the court stated that the sentencing hearing was flawed because the judge considered improper evidence and unsworn testimony. The judge based the harsh life sentence on matters unrelated to the charges for which Cosar was convicted, including knowledge of allegations of a rape and murder that were not properly vetted in court. The decision noted that a judge should only consider evidence presented during the formal hearing process, which did not happen here. The court’s ruling ordered a new termination and, if necessary, a new sentencing hearing to be conducted by a different judge who would base the decision solely on the evidence presented appropriately. The conclusion stressed the importance of following the law to preserve the integrity of the judicial process, particularly within programs aimed at rehabilitating offenders. In summary, Cosar’s appeal highlighted the need for proper legal procedures in termination and sentencing hearings, emphasizing the rights of defendants to fair treatment under the law.

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