Case Remand

C-2014-854

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In OCCA case No. C-2014-854, Cory James Leon Whiteside appealed his conviction for Domestic Assault and Battery and Domestic Abuse - Assault and Battery. In an unpublished decision, the court decided to grant his petition, allowing him to withdraw his pleas. One member of the court dissented. Whiteside pleaded guilty to two misdemeanor charges involving domestic violence. The court sentenced him to one year in jail for each charge, with the sentences to run one after the other. Shortly after pleading guilty, Whiteside asked to change his plea from guilty to not guilty, stating he had not understood the consequences of his plea. His request to withdraw his plea was denied by the court. Whiteside then appealed this decision, arguing two main points. First, he claimed he did not knowingly and voluntarily give up his right to have an attorney represent him during the case. Second, he argued that he should be allowed to withdraw his plea because he didn't fully understand what he was agreeing to. The court reviewed the entire record of the case. It found that Whiteside's waiver of his right to counsel was not made in a knowing and voluntary way, meaning there was no clear record showing that he understood what self-representation involved or that he had been advised of the risks of not having a lawyer. The state even agreed with this point. Because this error was significant, the court decided to let Whiteside withdraw his guilty pleas. Following this decision, the other issue Whiteside raised became unnecessary to address. Therefore, the court ordered that Whiteside be allowed to withdraw his pleas.

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C-2012-686

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In OCCA case No. C-2012-686, Joseph Dewayne Conner appealed his conviction for First Degree Robbery and First Degree Burglary. In a published decision, the court decided to deny his appeal regarding the robbery conviction, but granted it concerning the burglary conviction. The court found that Conner had been misinformed about the possible sentence for burglary, which affected his decision to plead guilty. Although Conner’s actual sentence was within the correct range, the incorrect information he received could have influenced his plea. #n dissented on the decision regarding the robbery conviction.

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C-2010-431

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In OCCA case No. C-2010-322, Kinter appealed his conviction for assault and battery with a deadly weapon with intent to kill. In an unpublished decision, the court decided to vacate his conviction and grant him a new trial. One judge dissented. Silvon Dane Kinter was charged with assault and battery with a deadly weapon in 2009. He had trouble paying his lawyer, and she withdrew from the case. Kinter asked for a public defender but was denied. Kinter then pleaded guilty to the charges because he felt pressured and did not want to represent himself at trial. After pleading guilty, Kinter quickly sought to withdraw his plea, claiming he was not given fair legal help. He argued that his rights were violated because he was not allowed to have a lawyer he could trust and that he was forced to plead guilty under pressure. The court found that Kinter did not get a chance for a proper assessment of his financial situation and that the denial of counsel affected his decision to plead guilty. The Oklahoma Court of Criminal Appeals agreed with Kinter, stating that he was denied a fair right to legal representation. They ruled in his favor, allowing him to withdraw his guilty plea and giving him a chance for a new trial. The case highlights the importance of having a lawyer who can represent a defendant without any problems and ensures they understand their rights fully.

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F-2008-1014

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In OCCA case No. F-2008-1014, Marcus Durell Hooks appealed his conviction for trafficking in controlled substances, possession of an offensive weapon in the commission of a felony, and eluding a police officer. In an unpublished decision, the court decided to affirm the convictions but remand the case for correction of the Judgment and Sentence. One judge dissented. Marcus was found guilty by a jury on three counts. His main issues on appeal included claims of improper evidence use, insufficient evidence, ineffective assistance of counsel, excessive sentencing, prosecutorial misconduct, and errors related to jury instructions and sentencing fees. The court reviewed the propositions raised by Marcus and concluded that the trial court didn’t abuse its discretion regarding the police checkpoint situation since the evidence causing the convictions was not a result of the checkpoint. The evidence showed that Marcus had joint control over the drugs and firearms involved in the case. About counsel's performance, the court found no effectiveness issues because the alleged errors did not affect the trial's outcome, nor did the sentencing appear excessively severe. The prosecutor's statements during the trial were also determined not to have harmed Marcus's case. Additionally, the court agreed with Marcus about some fees being improperly assessed but decided that overall, any errors did not combine to deny him a fair trial. Thus, while most of Marcus's complaints were rejected, the court ordered corrections related to the sentencing paperwork.

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F-2000-451

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In OCCA case No. F-2000-451, Christopher B. Andrews appealed his conviction for First Degree Robbery. In an unpublished decision, the court decided to reverse Andrews' conviction and send the case back for a new trial. One justice dissented. Andrews was found guilty of robbing someone and sentenced to thirty-five years in prison. After the jury finished their discussions about the case but before they made their final decision, the judge let the jury go home for the night. This happened even though both Andrews' defense team and the state's lawyers did not want this to happen. According to the law, after the jury starts talking about the case, they should stay together and not be allowed to go home or talk to others about the case. If they are allowed to separate, it can hurt the fairness of the trial, and courts believe that this is automatically a problem for the defendant. The court carefully examined the situation in Andrews' case and found that since the jury was allowed to leave, they could have been influenced by others, which is not fair. The state did not show enough evidence that the jury would not be prejudiced by being separated. As a result, the court reversed the original decision, meaning that Andrews' conviction was not valid, and the case was sent back for a new trial.

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