Competency Hearing

F-2018-1061

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**Court of Criminal Appeals of the State of Oklahoma** **Case Summary: Joshua Loyd Bullard v. The State of Oklahoma** **Case No.: F-2018-1061** **Date Filed:** January 30, 2020 --- **Overview:** Joshua Loyd Bullard was convicted in the District Court of Stephens County for several offenses, including Petit Larceny, Resisting a Peace Officer, and Assault and Battery on a Police Officer. The jury determined sentences for each count, ultimately resulting in consecutive sentences totaling eight years, along with fines. Bullard appealed on two grounds: ineffective assistance of counsel and prosecutorial misconduct. --- **Propositions of Error:** 1. **Ineffective Assistance of Counsel:** - Claim: Bullard contended that his attorney failed to request a third competency evaluation. - Analysis: The court assessed this claim based on the two-pronged test from *Strickland v. Washington*. It determined that defense counsel did not provide deficient performance, noting that two prior evaluations had confirmed Bullard's competency. There was no evidence suggesting a change in Bullard's mental state warranting further evaluation. Thus, the court ruled that there was no ineffective assistance. 2. **Prosecutorial Misconduct:** - Claim: Bullard argued that improper comments by the prosecutor regarding his prior suspended sentence during closing arguments prejudiced his trial. - Analysis: The court found that without objection from Bullard's counsel, review was limited to plain error. The court determined that the prosecutor’s references were permissible as they pertained to relevant evidence of prior convictions. Furthermore, the outcome of the sentencing showed that the jury's verdict was reasonable and not influenced by any improper statements. --- **Decision:** The appeals court affirmed the judgment and sentence imposed by the District Court, finding no merit in either of Bullard's propositions for appeal. **Judgment: AFFIRMED.** --- **Note:** The decision referenced case law and standards concerning competency evaluations and prosecutorial conduct during trials, underscoring the adherence to procedural norms. **For the Full Text Access:** [Download PDF](https://opinions.wirthlawoffice.com/wp-content/uploads/F-2018-1061_1734859049.pdf)

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C-2018-685

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**IN THE COURT OF CRIMINAL APPEALS OF THE STATE OF OKLAHOMA** **ORIE DANIEL HILL,** **Petitioner,** **V.** **THE STATE OF OKLAHOMA,** **Respondent.** **Case No. C-2018-685** **SUMMARY OPINION DENYING CERTIORARI** LEWIS, PRESIDING JUDGE: **Background:** Orie Daniel Hill, Petitioner, entered a blind plea of nolo contendere to multiple charges including: first-degree rape (victim under age fourteen), rape by instrumentation, lewd or indecent acts to a child under sixteen, and child sexual abuse. The trial court sentenced him to thirty years imprisonment on each count to be served concurrently and mandated three years of post-imprisonment supervision. Hill later filed a motion to withdraw his plea, claiming it was not entered knowingly, intelligently, and voluntarily, and that he was denied effective assistance of counsel. **Issues Raised:** 1. The trial court abused its discretion in denying Hill's motion to withdraw his plea; 2. Hill was denied effective assistance of counsel. **Facts:** The case involved allegations against Hill related to inappropriate sexual behavior towards an 8-year-old girl, A.H. The investigation included statements from the victim and forensic evidence, including DNA linking Hill to the offenses. **Analysis:** The court's review is limited to whether the plea was entered voluntarily and intelligently, whether the sentence was excessive, and whether counsel was effective. The burden is on Hill to demonstrate that his counsel was ineffective or that he did not fully understand the plea agreement. 1. **Proposition One:** The court concluded that Hill knowingly, intelligently, and voluntarily entered his plea. He was informed of his rights and the potential consequences. Despite Hill's claim of feeling pressure and receiving poor legal advice, the court found no evidence supporting these assertions. 2. **Proposition Two:** Hill’s claim of ineffective assistance of counsel did not meet the standard established in Strickland v. Washington, which requires showing both deficient performance and resulting prejudice. The court ruled that counsel’s advice was sound and appropriately reflected the realities of the situation, including the potential for harsher sentences if the case went to trial. **Conclusion:** The petition for a writ of certiorari is DENIED, and the judgment and sentence are AFFIRMED. **MANDATE:** Ordered issued upon delivery and filing of this decision. --- **APPEARANCES:** - **For Appellant:** David R. Slane; Nicollette Brandt - **For the State:** Chris Anderson, Assistant District Attorney **OPINION BY:** Lewis, P.J. **Concur:** Kuehn, V.P.J.; Lumpkin, J.; Hudson, J.; Rowland, J. [Click Here To Download PDF](https://opinions.wirthlawoffice.com/wp-content/uploads/C-2018-685_1734175737.pdf)

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C-2018-410

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**IN THE COURT OF CRIMINAL APPEALS OF THE STATE OF OKLAHOMA** **SEAN ALAN REYNOLDS,** Petitioner, v. **THE STATE OF OKLAHOMA,** Respondent. **Case No. C-2018-410** **FILED IN COURT OF CRIMINAL APPEALS STATE OF OKLAHOMA** **APR 18 2019** **JOHN D. HADDEN, CLERK** --- ### SUMMARY OPINION DENYING CERTIORARI **ROWLAND, JUDGE:** Petitioner Sean Alan Reynolds entered a negotiated plea of guilty in the District Court of LeFlore County, Case No. CF-2016-1365, to Soliciting Sexual Conduct or Communication with a Minor by Use of Technology (Count 1), in violation of 21 O.S.2011, § 1040.13a, and Possession of Juvenile Pornography (Count 3), in violation of 21 O.S.2011, § 1021.2. On March 7, 2018, the Honorable Marion D. Fry, Associate District Judge, accepted Reynolds' guilty plea and sentenced him to ten years imprisonment on Count 1. On Count 3, Reynolds was sentenced to fifteen years imprisonment with all but the first ten years suspended. The sentences were ordered to be served concurrently. Reynolds filed a timely motion to withdraw his plea, which was denied after a hearing. He now appeals the denial of that motion and raises the following issues: 1. Whether the district court abused its discretion in denying his plea withdrawal on the grounds that his plea was not knowingly and voluntarily entered; 2. Whether the district court erred by failing to conduct the requested competency hearing; 3. Whether the special condition of probation restricting his internet use is overly broad and infringes upon his rights; 4. Whether he was denied effective assistance of counsel. **1. Denial of Motion to Withdraw Plea** Reynolds argues that his plea was not entered knowingly and voluntarily, claiming the district court abused its discretion in denying his motion to withdraw. The standard of review for such cases is whether there was an abuse of discretion. The district court's decision, based on testimony, demeanor, and the plea form, supports that Reynolds' plea was knowingly and voluntarily entered. The court did not abuse its discretion in denying the plea withdrawal. **2. Competency Hearing** Reynolds contends that the trial court erred in not ordering a mental health evaluation before ruling on the plea withdrawal motion. However, the record reflects that the district court established Reynolds' competency when accepting his plea. There was no indication during the plea hearing of any mental incapacity, and therefore, the court acted within its discretion by not ordering further evaluation. **3. Condition of Probation** Reynolds challenges a condition of probation prohibiting internet usage for five years, arguing it's overly broad. However, this issue was not raised in his motion to withdraw the plea, leading to a waiver of appellate review on this matter. **4. Effective Assistance of Counsel** Finally, Reynolds argues that he was denied effective assistance of counsel. To succeed, he must demonstrate both deficient performance and resulting prejudice. He claims his counsel did not address his alleged mental health issues, but there was no evidence presented at the plea hearing to suggest incapacity. Additionally, counsel cannot be deemed ineffective for failing to cite non-binding cases. Therefore, Reynolds has failed to show he was denied effective assistance of counsel. ### DECISION The Petition for a Writ of Certiorari is **DENIED**. The district court's denial of Petitioner's motion to withdraw plea is **AFFIRMED**. The MANDATE is ordered issued. --- **APPEARANCES IN THE DISTRICT COURT** **CYNTHIA VIOL** ATTORNEY FOR PETITIONER **KIMBERLY D. HEINZE** PLEA COUNSEL **MATTHEW R. PRICE** MOTION TO WITHDRAW COUNSEL **MIKE HUNTER** ATTORNEY GENERAL OF OKLAHOMA --- **OPINION BY: ROWLAND, J.** **LEWIS, P.J.:** Concur in Results **KUEHN, V.P.J.:** Concur **LUMPKIN, J.:** Concur **HUDSON, J.:** Concur [Download PDF](https://opinions.wirthlawoffice.com/wp-content/uploads/C-2018-410_1734106115.pdf)

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C-2016-1000

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In OCCA case No. C-2016-1000, Bryan Keith Fletcher appealed his conviction for multiple charges including kidnapping, assault with a deadly weapon, rape, and child abuse. In an unpublished decision, the court decided to grant part of his appeal regarding one misdemeanor charge while denying all other claims. The court modified the sentence for the misdemeanor related to threatening violence to six months in jail but affirmed the sentences for all other counts, which resulted in a significant time in prison. The petitioner argued several points, including that he did not receive effective legal help, that he was not competent when he entered his plea, and that his plea was not voluntary. However, the court reviewed these claims and found that they did not hold up under scrutiny. The judges opined that the actions taken during the plea process were appropriate and upheld the ruling on the grounds that there was no evidence of ineffective assistance or invalid plea. One judge disagreed with some aspects of the decision.

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F 2015-738

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In OCCA case No. F 2015-738, Richard Jerrel Jackson appealed his conviction for multiple drug-related offenses and driving with a suspended license. In an unpublished decision, the court decided to reverse and dismiss some of the charges while affirming the rest of the conviction. One judge dissented. Jackson was found guilty of possessing methamphetamine, marijuana, alprazolam, drug paraphernalia, and driving with a suspended license. His sentences included life imprisonment for the methamphetamine conviction and varying years for the other charges, all to be served consecutively. Jackson raised several arguments on appeal, mainly focusing on claims of double jeopardy, ineffective counsel, and evidence errors. The court found that it was wrong for Jackson to be convicted of possession of three drugs when they were all found together. The State agreed that this violated the rules against double punishment, leading to a reversal of the convictions related to the marijuana and alprazolam. For the other claims, including the effectiveness of Jackson's lawyer and various evidentiary issues, the court ruled largely in favor of the trial's findings, concluding that Jackson had not demonstrated any substantial harm or errors that affected his conviction significantly. This included affirming the use of prior felony convictions for sentencing enhancements and the handling of evidence during the trial. In summary, while the court dismissed two of the charges against Jackson, it upheld the others and determined that there were no significant errors in how the trial was conducted. The judges agreed on most aspects of the case, with one judge expressing a differing opinion on some points.

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C-2013-730

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In OCCA case No. C-2013-730, Mon'tre Brown appealed his conviction for First Degree Felony Murder, First Degree Burglary, and Attempted Robbery. In an unpublished decision, the court decided to reverse the denial of his motion to withdraw his guilty plea and remand the case to the District Court. The dissenting opinion argued against the majority's decision. Mon'tre Brown was given several charges, including serious ones like murder and burglary. He pleaded guilty to all counts in April 2013 but later wanted to change his plea, claiming he didn’t understand what he was doing due to his mental condition. The trial court denied his request, leading to this appeal. During the initial plea hearing, there were concerns about Mon'tre's mental competency because of his low IQ, which was reported as around 65. His attorney was aware of his learning disabilities, but they appeared not to conduct a thorough investigation into his mental health before allowing him to plead guilty. Mon'tre claimed he felt pressured to plead guilty because his counsel had said he couldn’t win the case. At a later hearing, Mon'tre's family and mental health professionals testified that he struggle to understand the legal concepts involved in his case, which raised questions about his ability to make informed decisions. Some of the professionals stated he didn’t have a clear understanding of what his guilty plea meant or the consequences of waiving his right to trial. The court found that the attorney had not adequately assessed Mon'tre's competence or sought further evaluations that could have supported his claim of mental retardation. It decided that his attorney's failure to investigate his mental condition and present sufficient evidence during the plea process was ineffective assistance of counsel. Ultimately, the court believed that there’s a reasonable chance that had adequate evidence of Mon'tre's mental condition been presented early, it may have changed the outcome of his guilty plea. Thus, they ruled in favor of allowing Mon'tre to withdraw his guilty plea and directed for conflict-free counsel to represent him in further proceedings.

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RE-2013-250

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In OCCA case No. RE-2013-250, Richard Shane Kuehn appealed his conviction for Lewd Molestation. In a published decision, the court decided that the revocation of seven years of Kuehn's twelve-year suspended sentence was reversed because the judge who decided his case had previously worked as a prosecutor on it. Kuehn claimed he did not get a fair hearing because of this, and the court agreed, stating that judges cannot preside over cases in which they have been involved as attorneys without consent from the parties. Kuehn's other claims were not reviewed since the court found for him on the first point.

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C-2010-1179

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In OCCA case No. C-2010-1179, Donnell Devon Smith appealed his conviction for multiple crimes including robbery, sexual battery, and others. In an unpublished decision, the court decided to deny his appeal. One judge dissented. Smith was charged with various offenses in multiple cases and pleaded guilty to all charges on October 19, 2010. He received several sentences, some of which were life sentences, and others ranged from ten to twenty years. After entering his pleas, Smith requested to withdraw them, saying he felt coerced and that he had not been properly informed about the punishments he faced for his crimes. The court looked at three main points raised in Smith's appeal: 1. Smith argued he should be allowed to withdraw his plea for one count of attempted robbery because the ten-year sentence he received was too long. The court found that his sentence was actually five years too long and modified it to the correct five-year maximum. 2. Smith claimed he did not understand the range of sentences for some charges and that this lack of understanding meant his pleas were not voluntary. The court decided that while he had been misadvised, the pleas still appeared to be valid overall because he benefitted from how the sentences were set up to run concurrently. 3. He asserted that he was punished twice for some of the same actions and that some of his pleas lacked enough factual support. The court concluded that the evidence supported the different charges, and there were no double jeopardy issues. The court ultimately affirmed his convictions for all cases besides modifying the sentence that was too long and correcting a minor paperwork mistake regarding how sentences should run together. The court ruled that his plea was knowingly and voluntarily made despite the confusion around sentencing ranges. The decision closed by affirming the ruling of the lower court regarding Smith's attempt to withdraw his pleas, confirming most of the sentences while adjusting the one that exceeded the maximum allowed by law.

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F-2010-267

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In OCCA case No. F-2010-267, James Lyman Mahaffey appealed his conviction for Assault & Battery with a Deadly Weapon, Kidnapping, and Possession of Firearm After Conviction. In a published decision, the court affirmed the convictions but modified the sentences to be served concurrently instead of consecutively. One judge dissented. Mahaffey was accused and found guilty of serious crimes against his wife, including assault and kidnapping. The trial took place in the District Court of Grady County. After the jury convicted him, the judge sentenced him to life in prison for the assault, 10 years for the kidnapping, and 6 years for possession of a firearm, all lined up to be served one after the other, or consecutively. Mahaffey asked to represent himself during the trial, which means he wanted to defend himself without a lawyer. He argued that the court should not have allowed him to do this because he didn't clearly understand the risks involved in self-representation. However, the court decided that he was competent to represent himself and had made an informed decision. They had warned him that representing himself could be risky and could lead to mistakes that might change the outcome of the trial. During the trial, Mahaffey raised some claims against the prosecutor's behavior. He argued that the prosecutor acted unfairly by making comments that may have influenced the jury. For instance, Mahaffey claimed the prosecutor misrepresented the meaning of a life sentence and made other comments that distracted from the trial's fairness. However, the court concluded that while there were some mistakes made by the prosecutor, they were not serious enough to change the outcome of the case concerning his guilt. Despite this, the court found that the conduct during sentencing raised concerns about the fairness of the sentencing itself. The jury specifically asked about how the sentences would be served, indicating they were worried about the total time Mahaffey would spend in prison. Because of this, although Mahaffey’s convictions were upheld, the court changed the sentences to allow them to be served concurrently, meaning all the prison time would be served at the same time rather than one after the other. Ultimately, the court's decision meant Mahaffey would still have to serve his time, but the way his sentences were structured was altered to be less severe. The case was sent back to the lower court to fix the official documents to reflect that change in sentencing.

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J-2005-549

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In OCCA case No. J-2005-549, the appellant appealed his conviction for First Degree Murder. In a published decision, the court decided to reverse the previous ruling and remand the case for a new certification hearing. One judge dissented. The case involved a fourteen-year-old who was charged as an adult with murder. The court first evaluated whether the appellant was competent to stand trial. Initially, he was found incompetent but later deemed competent after receiving training and treatment. The appellant sought to be classified as a youthful offender or juvenile instead of being tried as an adult. During the certification hearing, the appellant's attorney did not present any evidence to support this request. The court determined that the attorney failed to provide adequate representation by not investigating or suggesting experts until after the state had already presented its case. As a result, the court found that the appellant's rights were violated due to ineffective assistance of counsel. The court ruled that the appellant should receive a new hearing with proper legal support, including expert witnesses, to help his argument for being treated as a juvenile or youthful offender. The court emphasized the importance of moving quickly on the case due to delays that had previously occurred.

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