Conflict-Free Counsel

C-2020-668

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In OCCA case No. C-2020-668, Jeffrey Montrell Alexander McClellan appealed his conviction for Trafficking in Illegal Drugs, After Former Conviction of Two or More Felonies. In a published decision, the court decided to reverse the lower court's order denying McClellan's application to withdraw his guilty plea and remanded the case for a new hearing with conflict-free counsel. One judge dissented. McClellan had entered a guilty plea and was sentenced to twelve years in prison and fined one thousand dollars. Later, he wrote a letter to the court saying he wanted to appeal because he believed he didn’t have proper legal help. The court treated this letter as a request to withdraw his guilty plea, but this request was denied. McClellan’s main argument was that he was not given effective assistance of counsel, especially at the hearing where he wanted to withdraw his plea. He said that the attorney who was supposed to help him at the hearing had represented him during the plea, creating a conflict of interest. The court agreed with him, saying that defendants have a right to a lawyer who can represent their interests without any conflicts. Since McClellan’s attorney did not actively defend him during the hearing and was the same attorney who represented him at the plea, the court found this to be a problem. As a result, the court ordered that McClellan gets a new hearing to discuss withdrawing his guilty plea, but this time with a different attorney who has no conflicting interests.

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C-2019-815

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In OCCA case No. C-2019-815, the petitioner appealed his conviction for First Degree Burglary, Second Degree Burglary, and Knowingly Concealing Stolen Property. In an unpublished decision, the court decided to vacate the denial of his motion to withdraw his guilty plea and remand the case for a new hearing. One member of the court dissented. The case began when the petitioner, after entering guilty pleas for the charges, expressed a desire to withdraw those pleas. He believed he had not been properly represented by his attorney and filed a letter to withdraw his plea. A hearing was held where the petitioner appeared without his attorney. During this hearing, he claimed that he felt misled regarding the likely outcome of his plea. The petitioner argued that the hearing to withdraw his plea was unlawful because he was not given proper legal representation. He said that he didn’t effectively waive his right to counsel at that hearing and claimed there was a conflict of interest since his attorney had represented him in the original plea. The court found that there was no valid waiver of his right to counsel, meaning he didn’t fully understand the implications of representing himself. The trial court had not thoroughly questioned him about his need for counsel or his rights, leading to confusion about whether he was proceeding with an attorney or alone. The state agreed that the hearing had issues because the petitioner didn’t receive conflict-free representation. Therefore, the court ruled that the previous denial of his motion to withdraw his plea was a mistake and sent the case back for a new hearing where these issues could be properly addressed.

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C-2018-679

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It appears that you've shared a document detailing a legal opinion from the Oklahoma Court of Criminal Appeals denying a writ of certiorari for petitioner Jerry Ray Hawkins. He was appealing his convictions related to exhibiting obscene material to minors, procuring child pornography, and lewd acts, asserting that his guilty pleas were not made knowingly, that he did not receive conflict-free counsel, and that his sentence was excessive. Here’s a summary of the main points covered in the opinion: ### Case Overview: - **Petitioner**: Jerry Ray Hawkins - **Charges**: Multiple counts including Exhibiting Obscene Material to a Minor, Procuring Child Pornography, and Lewd Acts. - **Sentencing**: Total of twenty years for some charges and ten years for others, with certain counts running concurrently and others consecutively. ### Key Legal Issues Raised by Petitioner: 1. **Withdrawal of Guilty Pleas**: Hawkins argued he should be allowed to withdraw his pleas because they were not made knowingly or voluntarily, claiming that he was misled by his attorney regarding potential plea agreements. 2. **Ineffective Assistance of Counsel**: He claimed that the failure to appoint conflict-free counsel during the plea withdrawal hearing resulted in inadequate legal representation. 3. **Excessive Sentence**: He contended that the aggregate sentence was excessive for the charges he pleaded to. ### Court's Findings: - **Proposition I (Withdrawal of Pleas)**: The court found that Hawkins had waived his right to argue that his pleas were not knowing and voluntary by failing to raise it during his motion to withdraw. Therefore, this claim was denied. - **Proposition II (Ineffective Assistance of Counsel)**: The court concluded that there was no actual conflict of interest that adversely affected counsel's performance, as Hawkins did not accuse his plea counsel of misconduct. Therefore, this claim was also denied. - **Proposition III (Excessive Sentence)**: The court noted that Hawkins similarly failed to raise this issue during the appropriate proceedings, resulting in a waiver of his excessive sentence claim. ### Conclusion: The court affirmed the judgment and sentence of the district court, concluding that no legal grounds existed to warrant relief. #### Final Notes: Petitioner’s appeals were denied on all fronts, with the court emphasizing the need for claims to be preserved at the trial level to be considered on appeal. If you have any specific questions or need further analysis regarding this case or related legal concepts, feel free to ask!

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C-2017-271

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**IN THE COURT OF CRIMINAL APPEALS OF THE STATE OF OKLAHOMA** **JUSTON DEAN COX,** *Petitioner,* **v.** **STATE OF OKLAHOMA,** *Respondent.* **FILED** *DEC 14 2017* **SUMMARY OPINION GRANTING CERTIORARI IN PART AND REMANDING THE CASE TO THE DISTRICT COURT FOR APPOINTMENT OF COUNSEL** **LUMPKIN, PRESIDING JUDGE:** Petitioner Juston Dean Cox was charged in the District Court of McIntosh County on August 23, 2005, with Knowingly Concealing Stolen Property, After Former Conviction of Two or More Felonies (Case No. CF-2005-152A). An Amended Information filed on November 28, 2005, added ten additional counts of Knowingly Concealing Stolen Property. Petitioner was bound over for trial on five counts after the Preliminary Hearing on November 30, 2005, and trial was set for April 17, 2006. Subsequently, charges were filed against Petitioner for Escape from a County Jail and Destruction of a Public Building (Case No. CF-2005-172A) on September 19, 2005, followed by additional charges for Escape from a Penal Institution on January 5, 2006 (Case No. CF-2006-04) and January 26, 2006 (Case No. CF-2006-14). On January 26, 2006, Petitioner entered into negotiated guilty pleas for all four cases, resulting in concurrent sentences of thirty years. On February 6, 2006, Petitioner filed a request to withdraw his plea. A hearing was held on March 23, 2006, where the trial court denied his request. Petitioner filed Applications for Post-Conviction Relief on August 13, 2014, and June 9, 2016, leading to a hearing on December 1, 2016, where the trial court recommended allowing Petitioner an appeal out of time. This Court granted that request on January 6, 2017, and appointed counsel to represent the Petitioner. At the March 9, 2017, hearing to discuss the motion to withdraw, it was established that counsel had not prepared a formal motion for withdrawal. Petitioner was not actively represented during this critical hearing, as his plea counsel took no part in the proceedings despite being present. The court did not adequately address the lack of representation or question Petitioner regarding his rights to counsel. A criminal defendant is entitled to effective assistance of counsel at a motion to withdraw hearing (Carey v. State, 1995 OK CR 55). The court's failure to appoint conflict-free counsel and its allowance for Petitioner to proceed without adequate representation constituted a violation of his constitutional rights. Given that Petitioner raised claims regarding the voluntariness of his plea, the harmless error doctrine does not apply. Accordingly, we find marginal grounds to question the diligence of prior representations and affirm that this situation merits careful reconsideration. **DECISION** Certiorari is granted in part. The order of the district court denying Petitioner's motion to withdraw his guilty plea is *REVERSED* and the case is remanded to the District Court for *APPOINTMENT OF COUNSEL* to evaluate whether to further pursue the withdrawal of the guilty pleas. *MANDATE to be issued upon delivery and filing of this decision.* **APPEARANCES IN DISTRICT COURT** **COUNSEL FOR PETITIONER:** Ariel Parry **COUNSEL FOR THE STATE:** Thomas C. Giulioni, Mike Hunter (Attorney General), O.R. Barris III, Gregory Stidham (Assistant District Attorneys), Jay Schniederjan (Assistant Attorney General) *OPINION BY: LUMPKIN, P.J. LEWIS, V.P.J.: Concur in Results HUDSON, J.: Concur KUEHN, J.: Concur ROWLAND, J.: Concur* [Click Here To Download PDF](https://opinions.wirthlawoffice.com/wp-content/uploads/C-2017-271_1733992184.pdf)

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C-2016-38

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In OCCA case No. C-2016-38, Charlie Franklin Roberts appealed his conviction for violation of a protective order, kidnapping, and domestic assault and battery with a dangerous weapon. In a published decision, the court decided to grant the petition and remand for a new hearing on the motion to withdraw plea. One judge dissented. Roberts had entered a no contest plea to the charges and was sentenced to one year in county jail for the misdemeanor and thirty years for each felony, with the felony sentences running at the same time but after the jail sentence. He later wanted to withdraw his plea, claiming he did not have the right help from his attorney during this process. The court looked into his claims and found that Roberts had not been given fair legal help when trying to withdraw his plea. Specifically, his attorney had conflicts of interest that affected his ability to represent Roberts properly. Because of these issues, the court allowed Roberts to have a new and better attorney who could help him file the motion. The court also ordered a hearing to figure out what Roberts would like to do about his plea within specific timelines.

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C 2015-473

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In OCCA case No. C 2015-473, Johnny Allen Ross appealed his conviction for Possession of Controlled Dangerous Substance (Methamphetamine) and Possession of a Controlled and Dangerous Substance (Marijuana). In an unpublished decision, the court decided to grant the appeal because Ross was denied effective assistance of counsel during the hearing on his motion to withdraw his guilty plea. One judge dissented.

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C-2014-270

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In OCCA case No. C-2014-270, Gabriel Brian Solis appealed his conviction for Child Abuse. In an unpublished decision, the court decided to remand the case for resentencing before a different trial court. Solis had entered a plea where he maintained his innocence but accepted the plea for reasons other than guilt. He was sentenced to eighty years in prison and a fine, needing to serve 85% of the time before being eligible for parole. After feeling he was unfairly treated, he tried to withdraw his guilty plea, but the trial judge did not allow it. Solis then sought a higher court's intervention, which granted him a new hearing with a different lawyer. During the new hearing, it was found that the judge had shown bias against Solis and that his attorney had not done enough to protect his rights. This bias and the lack of effective legal representation were key reasons for the court’s ruling that Solis had been denied a fair trial. The court ultimately agreed that there were serious issues with how the plea was handled and the sentencing process. In summary, the court ruled in favor of Solis due to the unfairness he experienced in his initial trial, which led to the decision to have the case heard again, ensuring a fair process moving forward.

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C-2014-124

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In OCCA case No. C-2014-124, Roach appealed her conviction for three counts of Child Neglect. In a published decision, the court decided to grant her petition to withdraw her guilty plea and remanded the case for a new evidentiary hearing with conflict-free counsel. One judge dissented.

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C-2012-1165

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In OCCA case No. C-2012-1165, the petitioner appealed his conviction for Child Abuse or, in the alternative, Enabling Child Abuse. In an unpublished decision, the court decided to remand the case for an evidentiary hearing with conflict-free counsel. One judge dissented. Gabriel Brian Solis entered a type of guilty plea called an Alford plea, where he did not admit guilt but accepted a sentence possibility. He was sentenced to 80 years in prison and a $100 fine. Solis later wanted to take back his plea and filed a request to withdraw it, but this request was denied after two hearings where no real evidence was presented. The court noted that Solis did not get a fair chance to prove why he wanted to withdraw his plea, as he did not have a proper evidentiary hearing where witnesses could provide testimony or be questioned. It was also noted that during the hearing, Solis's attorney might have had a conflict of interest, which meant he could not represent Solis effectively. The court found that the trial judge did not allow enough evidence or witness testimonies at the hearings. Because of these issues, the case was sent back to the lower court so that Solis could have a proper evidentiary hearing with a new, conflict-free attorney. The remaining claims in Solis's appeal were no longer considered necessary since the hearing was to be redone.

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C-2012-1154

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In OCCA case No. C-2012-1154, Charles D. North appealed his conviction for First Degree Manslaughter, among other charges. In a published decision, the court decided to grant North's request to withdraw his guilty pleas due to the fact that he was denied his right to have a lawyer present during the hearing on this motion. North also challenged the legality of his sentences for two other counts. The court agreed that those sentences exceeded what was allowed by law. Therefore, they vacated the illegal sentences and sent the case back to the lower court for North to have new counsel and a new hearing on his motion to withdraw his pleas. No one dissented.

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C-2012-664

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In OCCA case No. C-2012-664, Juan Gabriel Choxmis appealed his conviction for First Degree Rape. In a published decision, the court decided to grant Choxmis's petition for a writ of certiorari, meaning they agreed to look at his case again because he did not receive fair representation at his hearing to withdraw his guilty plea. The court found he should have had a lawyer who did not have a conflict of interest. One judge dissented.

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C-2012-52

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In OCCA case No. C-2012-52, #Green appealed his conviction for #Child Neglect, Child Abuse, and Possession of Marijuana. In an unpublished decision, the court decided #to grant the petition for a writ of certiorari and remand the case for a new hearing on Green's motion to withdraw his plea. #No one dissented. Terry Lamar Green was in trouble for neglecting and abusing a child, and for having marijuana. After he admitted to these crimes, he was given a very long prison sentence. He was supposed to spend life in prison for the neglect and abuse charges, and he also got some additional time for the marijuana possession. Green felt upset and wanted to change his mind about pleading guilty. He asked to take back his guilty plea, which is called a motion to withdraw his plea, but his lawyer wanted to quit the case because they had some disagreement about what was going on. However, the judge said the lawyer couldn’t leave. Green believed this was unfair since he really needed a lawyer who didn't have a conflict of interest to help him with the hearing about changing his plea. The court looked into Green’s arguments carefully. It noted that the lawyer had a real problem because she was worried about possibly being a witness in the case. This could affect how she represented Green, and the judge didn't seem to understand that her interests were different from Green's at that moment. This meant that Green did not get the help he truly needed when he most needed it. Because of these issues, the court decided that Green was entitled to have a different lawyer represent him at the hearing about withdrawing his plea. They needed to make sure he had someone who could defend him without any problems. The court then decided that they needed to send the case back so that Green could have a new hearing with a lawyer who didn’t have a conflict. They also noticed that there was a missing document related to his marijuana charge, so they ordered that to be fixed too. Overall, the court recognized that Green had rights that were not properly protected, so they made the decision to help him have another chance to argue his case.

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C-2011-546

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In OCCA case No. C-2011-546, Myron Emanuel Louie appealed his conviction for Assault with a Dangerous Weapon. In a published decision, the court decided to remand the case for the appointment of conflict-free counsel. One judge dissented. Myron Louie was originally charged with a more serious crime, but he later pleaded guilty to a lesser offense. However, after pleading guilty, he wanted to change his mind and withdraw his plea. The court sentenced him to ten years in prison, even after he expressed his desire to withdraw the plea. Louie then filed a motion to officially withdraw his guilty plea, but the court denied his request during a hearing. During the appeal, Louie claimed that his lawyer had a conflict of interest that affected how well he was represented. He argued that this made it hard for him to get fair legal help, especially during the hearing to withdraw his plea. The judges explained that a lawyer must represent their client fully and not have any conflicts that could hurt the client’s case. The court agreed that the original lawyer did not handle the motion to withdraw effectively and that this lack of proper representation meant Louie's appeal needed to be looked at again with a new lawyer who doesn't have a conflict of interest. They ordered the case to go back to the original court to appoint a new attorney. The judges also stated that if the new attorney managed to get the guilty plea withdrawn, this would be considered a successful outcome in this appeal. But if the motion to withdraw was denied again, all the decisions and details of that hearing would need to be sent back to the appellate court for review. In conclusion, the case was sent back to be re-evaluated with a new lawyer, making it a measurement of fairness and justice for Louie.

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C-2010-695

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In OCCA case No. C-2010-695, Marcus Jermaine Christon appealed his conviction for multiple charges including burglary and possession of drugs. In an unpublished decision, the court decided to grant his petition for certiorari and remanded the case for a new hearing. One judge dissented.

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C-2010-1059

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In OCCA case No. C-2010-1059, Karen Deborah Smith appealed her conviction for Enabling Sexual Abuse of a Minor Child. In an unpublished decision, the court decided to grant her petition and remand the case to the district court for a proper hearing on her motion to withdraw her guilty plea. One judge dissented. Petitioner, Karen Deborah Smith, was charged with two counts of enabling sexual abuse of a minor child in Tulsa County. She entered a plea of no contest and was sentenced to five years in prison, with two years suspended on each count, serving the sentences at the same time. Later, she requested to withdraw her guilty plea, but her request was denied after a hearing. In her appeal, Smith raised several arguments. She claimed she should be allowed to withdraw her plea because there was no strong reason for her to accept it, especially since an 11-year-old was involved, and he was not actually responsible for the care and safety of the children. She argued that she did not have complete understanding of her situation when she entered her plea because she wasn't informed enough about the 85 percent requirement linked to her charges. She said her lawyer didn't properly explain everything to her and that there was a conflict of interests because the same lawyer represented her during both the plea and the withdrawal request. The court looked carefully at her claims and agreed that she might not have received fair legal help when she tried to withdraw her plea because the same lawyer represented her both when she made her plea and when she wanted to change it. The judge recognized that the lawyer might not have done his best job during the withdrawal hearing since he could not argue against his own previous actions. The court decided to grant Smith's request and ordered her case to be sent back to the district court for another hearing. This time, the court instructed that she should have a different lawyer who did not have previous connections to her case, ensuring she would have fair representation. In summary, the court took action to make sure that Smith's rights were protected, and it wanted to ensure she had a fair chance to address her situation properly. The dissenting opinion noted disagreement with the court’s decision, believing that Smith had been properly informed and had made a voluntary decision regarding her plea, and no actual conflict or prejudice had been shown.

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C-2010-1033

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In OCCA case No. C-2010-1033, Shawn Leroy Harger appealed his conviction for Child Abuse. In a published decision, the court decided to grant Harger's petition for a writ of certiorari. The judgment and sentence of the district court were reversed, and the matter was remanded for a new hearing on Harger's application to withdraw his plea with separate, conflict-free counsel. One judge dissented.

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C-2010-322

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In OCCA case No. C-2010-322, Silvon Dane Kinter appealed his conviction for Assault and Battery with a Deadly Weapon. In a published decision, the court decided to grant Kinter's request to withdraw his guilty plea and vacate his conviction. One judge dissented. Kinter was charged in 2009 and could not afford his attorney, who then moved to withdraw. Kinter wanted to switch to a public defender but was denied. He eventually pleaded guilty to the charges after being pressured by the court, not fully understanding his situation. The court later recognized that he was indigent but did so after Kinter had already entered his guilty plea. The appeals court found that Kinter’s rights were violated when he wasn't properly provided with conflict-free counsel or a chance to adequately present his case, leading to an involuntary plea. Thus, they instructed for further proceedings based on their opinion.

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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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C-2010-210

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In OCCA case No. C-2010-210, Eric Anthony Damon appealed his conviction for Lewd or Indecent Proposals or Acts to a Child Under Sixteen. In an unpublished decision, the court decided to grant his petition and remand the case for a new hearing, allowing Damon to appoint new counsel. One member of the court dissented. Eric Anthony Damon faced serious charges, and he decided to enter a guilty plea without fully understanding all the details. After entering the plea, he felt that his defense lawyer did not help him properly, especially during the trial. He thought this was unfair and wrote to ask the court if he could change his plea. The court discussed whether Damon should get a new lawyer to help him withdraw his guilty plea. When someone says their lawyer didn’t help them well, the law usually says they should have a different lawyer to make sure everything is alright. The court realized that it can be really tricky when the same lawyer is trying to help with the plea withdrawal while being accused of not doing a good job. Damon had reasons to believe his plea wasn’t fair. During the trial, he had trouble with getting some witnesses to show up. He felt forced to plead guilty since his lawyer could not call certain key witnesses who might have helped him. The court didn’t want to decide if his plea was valid right away. Instead, they thought it would be best to let Damon have a new lawyer represent him in this important matter. In summary, the court agreed with Damon and said he should have a chance to explain his situation better with new legal support. They ordered this to be done and made sure Damon had the right to defend himself with a lawyer who could deal with his concerns about his earlier representation.

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C-2009-617

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In OCCA case No. C-2009-617, Christopher Overby appealed his conviction for Possession of a Firearm While Under Supervision of the Department of Corrections. In a published decision, the court decided to grant his request for a new hearing on his motion to withdraw his plea. One judge dissented. The case started when Overby pleaded guilty to having a firearm while he was supposed to be under supervision. The judge sentenced him to ten years in prison, with some of that time being suspended. After some time, Overby wanted to change his plea, so he filed a motion to withdraw it. He felt that he did not get proper help from his lawyer during this process. The court looked at Overby's case and determined that there was a conflict of interest between him and his lawyer. Because of this conflict, the court found that Overby did not get the effective help he was entitled to, especially when it came to his request to withdraw his plea. This situation meant he deserved a new hearing with a different lawyer who could fully represent his interests without a conflict. In conclusion, the court decided that Overby should have another chance to present his case for changing his plea. Thus, the decision was made to give him a new hearing to ensure that he had the right kind of support during this important process.

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C-2009-617

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In OCCA case No. C-2009-617, Christopher Overby appealed his conviction for possession of a firearm while under supervision of the Department of Corrections. In a published decision, the court decided that Overby did not receive effective, conflict-free assistance of counsel during his hearing on the motion to withdraw his plea. The court concluded that this error required a new hearing for Overby to address his motion to withdraw his plea. One judge dissented.

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C-2009-317

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In OCCA case No. C-2009-317, Lee Otis Robinson, Jr. appealed his conviction for entering a no contest plea. In a published decision, the court decided to grant Robinson a new hearing to withdraw his plea. One judge dissented. Robinson had entered his no contest plea in the Oklahoma County District Court but later wanted to change that decision. He argued that he didn't fully understand what he was doing when he entered the plea and that he had been confused and misled. Additionally, Robinson claimed that he didn't get good help from his lawyer. His lawyer was supposed to represent him during the plea hearing and also during the hearing where Robinson asked to change his plea. However, during the second hearing, the lawyer ended up saying things that were against Robinson’s interests. This created a problem because it meant that Robinson wasn't getting fair help from his lawyer, and he was disadvantaged in his efforts to withdraw his plea. The court found that it was important for Robinson to have a different, unbiased lawyer for a fair hearing. They decided he should be allowed to have a new hearing with a lawyer who had no conflict of interest. The ruling meant that Robinson's case would be sent back to the district court so that the new hearing could take place.

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C-2007-821

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In OCCA case No. C-2007-821, Marcus D. Carter appealed his conviction for Failure to Comply with Sex Offender Registration Act. In an unpublished decision, the court decided to remand the case for a new hearing on Carter's motion to withdraw his plea. One justice dissented. Carter entered a plea of no contest to the charges against him and was sentenced to five years in prison, which would run at the same time as another sentence he had. After his plea, he wanted to withdraw it and filed a motion for that. However, the court did not hold the required hearing to address his motion within the thirty days that should have been allotted. Carter claimed this was unfair and that he did not get the help he needed from his attorney. The court looked at two important questions: whether Carter's plea was made knowingly and willingly and if the court had the authority to accept it. His argument that the court did not hold the hearing on time was not considered valid for this appeal. However, the court did find that Carter had a right to effective legal representation, which he claimed he did not receive. He stated that his attorney pressured him into taking the plea and led him to misunderstand his potential punishments, making his plea involuntary. The judge noticed that during the hearing, Carter's attorney did not actively support him, as she seemed to be in a difficult situation where she could not defend him without also admitting her own shortcomings. Since there was a conflict of interest, it was decided that Carter should have a new hearing with a different attorney who would not have conflicting interests. The court agreed to grant Carter's request and sent the case back to the lower court for a proper hearing on his motion to withdraw his plea, ensuring he would have the assistance of a conflict-free attorney.

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C-2005-1198

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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.

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C 2005-628

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In OCCA case No. C 2005-628, Roscoe Dansby appealed his conviction for First Degree Manslaughter and Obtaining Money by Means of a False Check. In an unpublished decision, the court decided to grant the petition for a writ of certiorari. The court found that Dansby was deprived of effective assistance of counsel during a critical stage of the process because his attorney had a conflict of interest. Thus, the court remanded the case for a new hearing on the motion to withdraw guilty pleas and ordered that a conflict-free counsel be appointed. One judge dissented.

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