Court of Competent Jurisdiction Archives

C-2019-15

Post author:Staff
Post published:June 25, 2020
Post category:C

In OCCA case No. C-2019-15, Nicholas Allan Daniel appealed his conviction for First Degree Felony Murder (Distribution of a Controlled Dangerous Substance) and Robbery with a Firearm. In an unpublished decision, the court decided to grant his request for a writ of certiorari, modifying his conviction for First Degree Felony Murder while reversing his conviction for Robbery with a Firearm. One judge dissented from this opinion. Nicholas Daniel faced serious charges after being accused of killing a man while trying to sell drugs and also robbing him. He pleaded guilty to these charges but later wanted to withdraw his plea. He felt that his lawyer did not help him enough during the process, and he raised several reasons for this claim. He argued that the lawyer had a conflict of interest, that he did not fully understand the consequences of his plea, that the plea lacked a good factual basis, and that he did not get effective help from his lawyer. The court carefully examined each of Daniel's arguments. In the first argument, the court found no real conflict of interest because Daniel’s dissatisfaction stemmed from the state’s evidence and the sentence, not from his lawyer's performance. In the second argument, it was decided that Daniel had entered the plea with a clear understanding that he would face sentencing and that it was done voluntarily. For the third argument, about the factual basis for his felony murder conviction, the court found that there were issues with how the charges were presented. It was determined that the way Daniel described the incident in his plea was inadequate to meet the legal requirements for felony murder because he was treated primarily as a buyer, not a seller of drugs. Thus, the combined crimes could not both stand. In terms of Daniel's claims against his lawyer's effectiveness, the court acknowledged that his lawyer could have done better. However, it ruled against some of Daniel's more serious arguments on the effectiveness of his lawyer, finding that he did not provide sufficient proof that his lawyer’s actions negatively affected his defense. In the final decision, the court adjusted Daniel's felony murder conviction based on the issues around how the charges were processed and reversed the robbery conviction, as it should not stand alongside the adjusted murder charge. Ultimately, the court confirmed Daniel's modified conviction for felony murder but sent the case back regarding the robbery count. One judge disagreed with parts of this conclusion, stating that the trial court had not made a mistake in the first place and therefore should not have granted the appeal. The judge argued that since Daniel's plea was expressed clearly and voluntarily, it should have been upheld without modification. The judge emphasized the importance of adhering to proper legal processes and rules when making such determinations. Thus, the outcome celebrated the importance of ensuring that legal principles and procedures are correctly applied, even as it affirmed Daniel’s conviction under modified circumstances.

C-2018-1050

Post author:Staff
Post published:October 10, 2019
Post category:C

This document appears to be a summary opinion from the Court of Criminal Appeals of the State of Oklahoma regarding James Michael Simmons, who sought a writ of certiorari after pleading nolo contendere to a misdemeanor charge of making threats by electronic device. ### Key Points of the Summary Opinion: 1. **Case Information**: - **Petitioner**: James Michael Simmons. - **Respondent**: The State of Oklahoma. - **Case Number**: C-2018-1050. - **Trial Court**: Mayes County, Case No. CF-2017-350. 2. **Background**: - Simmons pled nolo contendere (no contest) to the charge and was granted deferred judgment for one year under probation conditions. - He later filed a motion to withdraw the plea, which the trial court denied. 3. **Propositions of Error**: - **Proposition 1**: Failure to use the uniform guilty plea form. - The court found no prejudice from the omission of the uniform form since the record was adequate for review. - **Proposition 2**: Claim of not understanding the plea’s consequences. - The court determined that the trial court provided sufficient advice regarding the plea's nature and consequences. - **Proposition 3**: Insufficient factual basis for the plea. - The court concluded there was a sufficient factual basis for the plea, affirming that the plea was entered correctly. - **Proposition 4**: Denial of effective assistance of counsel for both the plea and withdrawal process. - The court found no deficient performance by counsel or resulting prejudice. 4. **Decision**: - The petition for a writ of certiorari was denied, and the judgment and sentence were affirmed. 5. **Appearance**: - Various attorneys represented Simmons throughout the trial and appeal processes. ### Conclusion: The Court of Criminal Appeals ultimately affirmed the lower court's decision, finding no basis for reversing the judgment based on the claims presented by Simmons. The opinion indicates that procedural and substantive requirements were satisfactorily met during the plea process.

C-2018-834

Post author:Staff
Post published:June 27, 2019
Post category:C

**IN THE COURT OF CRIMINAL APPEALS STATE OF OKLAHOMA** FILED JUN 27 2019 **Case No. C-2018-834** **TAMMERA RACHELLE BAKER,** Petitioner, vs. **THE STATE OF OKLAHOMA,** Respondent. --- **SUMMARY OPINION DENYING CERTIORARI** LEWIS, PRESIDING JUDGE: Tammera Rachelle Baker, Petitioner, entered a blind plea of guilty to first degree manslaughter, in violation of 21 O.S.2011, § 711, in the District Court of Delaware County, Case No. CF-2017-157. The Honorable Robert G. Haney, District Judge, found Petitioner guilty. The Honorable Barry V. Denny, Associate District Judge, later sentenced Appellant to thirty (30) years imprisonment, with ten (10) years suspended, and a $1,000.00 fine. Petitioner filed an application to withdraw the plea, which was denied. She now seeks a writ of certiorari in the following propositions of error: 1. The plea was not knowingly and intelligently entered into as Petitioner believed the court would not impose more than ten years and relied on misinformation from her attorney regarding witness testimony. 2. Petitioner received ineffective assistance of counsel during her plea proceedings. 3. The sentence imposed post-plea is shockingly excessive due to improper victim impact statements. Certiorari review is limited to whether the plea was entered voluntarily and intelligently before a competent jurisdiction, whether the sentence is excessive, whether counsel was constitutionally effective, and whether the State has the power to prosecute. The Court will not review issues not raised in the motion to withdraw the guilty plea. The trial court's ruling on a motion to withdraw a plea is reviewed for an abuse of discretion unless it involves statutory or constitutional interpretation, which is reviewed de novo. **Proposition One**: Petitioner argues her plea was involuntary due to reliance on her attorney's misinformation regarding sentencing expectations. The record refutes this argument, indicating that the plea was voluntary; therefore, no relief is warranted. **Proposition Two**: Petitioner alleges ineffective assistance of counsel and requests an evidentiary hearing. Claims are assessed under the Strickland v. Washington test. Petitioner has not shown clear evidence to support a finding of ineffective assistance, thus this proposition and the request for a hearing are denied. **Proposition Three**: Petitioner claims her sentence is excessive. The Court will only disturb a sentence within statutory limits if it shocks the conscience. The facts of this case do not meet that threshold, so no relief is warranted. **DECISION**: The petition for the writ of certiorari is DENIED. The Judgment and Sentence is AFFIRMED. The MANDATE is ORDERED issued upon the delivery and filing of this decision. --- **APPEARANCES:** **TRIAL** Lee Griffin, Attorney for Appellant Kathy Baker, Attorney for Withdrawal **APPEAL** Katrina Conrad-Legler, Attorney for Appellant Nicholas P. Lelecas, Assistant District Attorney for the State **OPINION BY**: LEWIS, P.J. KUEHN, V.P.J.: Concur LUMPKIN, J.: Concur HUDSON, J.: Concur ROWLAND, J.: Concur --- For full ruling, [click here to download the PDF](https://opinions.wirthlawoffice.com/wp-content/uploads/C-2018-834_1734180202.pdf).