Court Proceedings

C-2018-1167

  • Post author:
  • Post category:C

This document is a summary opinion from the Court of Criminal Appeals of the State of Oklahoma regarding the case of Ronald Fitzgerald Williams. Williams entered a negotiated guilty plea to multiple counts related to drug offenses and other violations. After sentencing, he filed a motion to withdraw his guilty plea, which the trial court denied. The Court of Criminal Appeals granted a writ of certiorari (a type of court order) and remanded the case for a new hearing on Williams' motion to withdraw his plea. The court found significant errors: 1. Williams was allegedly misadvised about his appellate rights, affecting the voluntariness of his plea. 2. The evidentiary hearing on the motion to withdraw the plea was held in his absence without a valid waiver of his right to be present. 3. Williams asserted he was denied effective assistance of counsel. The court emphasized that due process requires a defendant's attendance at a hearing concerning the withdrawal of a plea unless there’s evidence of a waiver, which was not present in this case. The court reversed the trial court’s denial of the motion to withdraw the plea and ordered a new hearing to ensure due process is upheld. The document concludes with information about the attorneys involved in the case and instructions for further proceedings. For additional details or specific legal arguments, you can download the full opinion using the link provided.

Continue ReadingC-2018-1167

F-2018-814

  • Post author:
  • Post category:F

**IN THE COURT OF CRIMINAL APPEALS OF THE STATE OF OKLAHOMA** **Case No. F-2018-814** **MELINDA GAYLE HENRY,** Appellant, **v.** **THE STATE OF OKLAHOMA,** Appellee. --- **SUMMARY OPINION** **JOHN D. HADDEN, CLERK** **LUMPKIN, JUDGE:** Appellant, Melinda Gayle Henry, was convicted by jury of Embezzlement, in violation of 21 O.S.Supp.2012, § 1451, in the District Court of Nowata County Case Number CF-2016-71. The jury recommended a punishment of five years imprisonment and a fine of $10,000.00, which the trial court imposed. Appellant now appeals this judgment and sentence. **Propositions of Error:** 1. **Ineffective Assistance of Counsel:** Appellant contends trial counsel was ineffective for failing to secure necessary discovery. 2. **Failure to Request Continuance:** Appellant also asserts counsel was ineffective for not seeking a continuance for trial. 3. **Plain Error:** Lastly, Appellant claims the trial court committed plain error by proceeding to trial with unprepared counsel. **Analysis:** **Propositions One and Two (Ineffective Assistance of Counsel):** Under the Strickland v. Washington framework, Appellant must show (1) that counsel's performance was deficient and (2) that the deficiency prejudiced the defense. There is a strong presumption that counsel's conduct falls within a range of reasonable professional assistance. In Proposition One, Appellant argues that her counsel did not obtain critical records from the victim, The Woodshed convenience store, potentially impacting her defense. Counsel did request the records but believed they were destroyed. The trial court found that the State had offered access to the records, which the defense did not utilize. Appellant's assertion lacks evidence that obtaining these records would have changed the outcome of her trial; thus, this claim is speculative and fails to demonstrate prejudice. In Proposition Two, Appellant claims counsel was ineffective for not requesting a continuance due to the lack of records. However, the trial court's history with the case and previous findings suggested a request for a continuance would have been denied. Therefore, counsel would not be ineffective for abandoning a baseless motion. **Proposition Three (Plain Error):** Appellant's final claim of plain error regarding the trial being held without sufficient preparation fails under Rule 3.5(A)(5) of the Oklahoma Court of Criminal Appeals, which requires specific citations to the record. This assertion is superficial and unsubstantiated, leading to its waiver from appellate review. **Decision:** The judgment and sentence are **AFFIRMED**. **Mandate Ordered.** --- **APPEARANCES:** **AT TRIAL:** - **Mark Kane, Counsel for Appellant** - **Mike Hunter, Attorney General of Oklahoma; Kevin Buchanan, Assistant District Attorney for the State** **ON APPEAL:** - **Kevin D. Adams, Counsel for Appellant** - **Katherine R. Morelli, Assistant Attorney General for the State** **OPINION BY:** **LUMPKIN, J.** **LEWIS, P.J., KUEHN, V.P.J., HUDSON, J., ROWLAND, J.:** Concur in Result [Download Full Opinion PDF](https://opinions.wirthlawoffice.com/wp-content/uploads/F-2018-814_1735213396.pdf)

Continue ReadingF-2018-814

M-2017-739

  • Post author:
  • Post category:M

In OCCA case No. M-2017-739, Jeremy L. Garza appealed his conviction for Driving under the Influence of Intoxicating Substances. In an unpublished decision, the court decided that the trial court abused its discretion by allowing Garza to represent himself during the acceleration proceedings without him properly waiving his right to counsel. One judge dissented. Garza had initially entered a guilty plea to a DUI charge and was given eighteen months of probation. However, the State later accused him of not following the rules of his probation, such as failing to report and not paying fines. When Garza addressed the court without a lawyer during these acceleration proceedings, the court did not properly document that he understood his right to have a lawyer or that he chose to give up that right. The court's opinion stressed that anyone facing charges has the right to a lawyer and can only waive this right if they do so knowingly and intelligently. This means they need to understand the consequences of representing themselves. Since the court did not show that Garza waived his right to counsel properly, the decision to sentence him was reversed. The matter was sent back to the lower court, instructing them to vacate the judgment and hold further proceedings that follow this ruling.

Continue ReadingM-2017-739

C-2014-854

  • Post author:
  • Post category:C

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.

Continue ReadingC-2014-854

RE-2013-555

  • Post author:
  • Post category:RE

In OCCA case No. RE-2013-555, Waylon Dean Snyder appealed his conviction for Possession of Marijuana within 1,000 Feet from a Park or School. In an unpublished decision, the court decided to reverse the termination of Snyder from the Drug Court Program and the corresponding order of revocation of his sentence. One judge dissented. The case began when Snyder entered a guilty plea on March 11, 2009, and was sentenced to five years in prison, with a condition that most of the sentence would be suspended if he followed specific probation rules. Unfortunately, he did not comply with these rules, leading to a motion filed by the State to revoke his sentence. The court allowed him to enter a Drug Court Program instead of serving time in prison, with the understanding that failing this program would lead to starting his prison sentence. Snyder admitted to struggling with some of the conditions in the Drug Court program but attended regularly and participated in court activities. Despite some positive attendance, problems arose when he allegedly violated more conditions, which led to a motion to terminate him from Drug Court. When the State sought to terminate Snyder's participation in Drug Court, Snyder raised the argument that he had not received written notice detailing the specific violations being used against him for this termination. This lack of notice was crucial because, according to the law, Snyder was entitled to know the reasons behind the State's actions. The court reviewed the earlier actions and concluded that the State did not follow the correct legal process. Specifically, they didn’t provide the necessary updated notice about his violations at this latest hearing. As a result, Snyder's termination from Drug Court was improper. Consequently, the court reversed the decision to terminate Snyder from the program, which also meant he could not be forced to serve the rest of his five-year prison sentence since that order was linked to the termination. The court instructed to dismiss the case since his time under the suspended sentence had legally expired. In conclusion, Snyder's appeal was successful, leading to the reversal of the earlier decisions and allowing him to avoid further penalties stemming from the Drug Court program.

Continue ReadingRE-2013-555

J-2013-87

  • Post author:
  • Post category:J

In OCCA case No. J-2013-87, J.C.T. appealed his conviction for Robbery With a Weapon. In an unpublished decision, the court decided to affirm the district court's order bridging him to the Department of Corrections and stated that he should be sentenced to twelve years, suspended, and granted credit for time served. One judge dissented. J.C.T. was charged as a youthful offender in 2011 and initially received a twelve-year sentence that was suspended as part of a plea agreement. He was supposed to enter a rehabilitation program. However, after allegations of serious misconduct, the State moved to transfer him to adult custody. A hearing was held to determine whether his actions warranted this change. The court reviewed the evidence and ultimately decided that the state had established a valid reason for transferring J.C.T. to the Department of Corrections. He was found guilty of not complying with the original terms of his sentence. The law allowed for such a transfer based on his behavior while under supervision. During the appeal, J.C.T. raised several issues. He argued that the trial court had misused its discretion by changing the suspension of his sentence to actual time in prison. J.C.T. believed he should only receive the suspended sentence as originally agreed upon. The court had to look at the invalidity of the new sentence imposed and the interpretation of relevant statutes regarding youthful offenders. Ultimately, the OCCA concluded that the district court needed to resentence J.C.T. to follow what was originally agreed—a suspended sentence of twelve years—and provide time served. This ruling was based on the court's interpretation of laws surrounding youthful offenders and the limits on sentencing options upon being bridged to the Department of Corrections. One judge agreed with the majority but argued that the district court had made a correct decision in sentencing J.C.T. to the twelve-year prison term because it reflected a consequence of his violating the terms of his original agreement. However, another judge believed the initial ruling should stand without any changes.

Continue ReadingJ-2013-87

C-2012-699

  • Post author:
  • Post category:C

In OCCA case No. C-2012-699, Holstine appealed his conviction for Possession of a Controlled Dangerous Substance. In a published decision, the court decided to grant his request and remanded the case for a proper hearing on his motion to withdraw his plea. One judge dissented.

Continue ReadingC-2012-699

C 2002-1379

  • Post author:
  • Post category:C

In OCCA case No. C 2002-1379, the petitioner appealed his conviction for kidnapping. In a published decision, the court decided to grant the appeal and remand the case for a proper hearing on the petitioner's application to withdraw his plea. One judge dissented. The case started when the petitioner entered a guilty plea to the crime of kidnapping. He was sentenced to seventeen years in prison as part of a plea agreement. However, shortly after, the petitioner wanted to withdraw his guilty plea. He filed a motion for this, but during the hearing, he was not present, even though he had the right to be there. His lawyer asked the court to move forward without him, believing it was best since the petitioner was already in custody. The court looked at whether the absence of the petitioner from this critical hearing was a serious mistake. The petitioner did not agree to waive his right to be present, which the court pointed out as important. The judges discussed that being absent from such a crucial part of the trial could lead to unfair treatment. While the State argued that the absence was not a big deal and didn't affect the outcome, the court disagreed. They emphasized that this hearing was meant to gather facts and needed the petitioner's presence. The court found that merely saying the absence was harmless was not enough in this case. The lawyer who represented the petitioner at the hearing did not provide evidence or firsthand statements from the petitioner, only mentioning a letter the petitioner had written earlier. The court raised concerns that the lawyer might not have properly consulted with the petitioner about not attending the hearing. Since the petitioner claimed he entered the plea without properly thinking it over and believed he had a valid defense, the case could not fall under rules that would let the court dismiss his request without consideration. The judges decided that the petitioner's right to a fair hearing had been violated because he was not there to fully participate and because his lawyer did not act effectively for him in this situation. Therefore, the court ruled that the case should go back to the district court to ensure the petitioner can have a complete hearing on his wish to withdraw his guilty plea.

Continue ReadingC 2002-1379