C-2005-1198
In OCCA case No. C-2005-1198, the Petitioner appealed his conviction for burglary in the second degree and knowingly concealing stolen property. In a published decision, the court decided to grant the petitioner's appeal. One member dissented. The case involved a man named Brad Daniel Richards who pleaded guilty to two charges: burglary and concealing stolen property. He received a sentence of seven years in prison for the burglary and a five-year suspended sentence for the other charge. After his conviction, he wanted to take back his guilty pleas because he felt that his lawyer did not represent him well during the hearing where he tried to withdraw his plea. Richards argued that his attorney had a conflict of interest. During the hearing to withdraw his plea, the attorney mentioned that there could be an issue with his previous representation but did not argue on Richards' behalf. The court noted that a lawyer should provide good help to their client, especially at this critical stage of the process. The court looked closely at whether Richards' lawyer's conflict of interest affected his case. They pointed out that Richards had not testified, and his lawyer did not really support his claims. Because of this, the court could not make a clear decision about whether Richards should be allowed to withdraw his plea. In the end, the court granted Richards' request to review the original decision and said he deserves a new hearing with a different lawyer who does not have a conflict of interest. Therefore, the lower court's judgment was reversed, and the case was sent back for a new hearing.