Critical Stage

C-2018-415

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**IN THE COURT OF CRIMINAL APPEALS OF THE STATE OF OKLAHOMA** **TALISA NICOLE BANKS, Petitioner,** **v.** **STATE OF OKLAHOMA, Respondent.** **Case No. C-2018-415** **October 31, 2019** **SUMMARY OPINION GRANTING CERTIORARI** Judge Hudson presiding: On November 8, 2016, Talisa Nicole Banks entered blind pleas of guilty to the following charges: Count 1 - Distribution of Controlled Dangerous Substance - Marijuana; Count 2 - Unlawful Possession of Controlled Drug, Marijuana, With Intent to Distribute; and Count 3 - Possession of Controlled Dangerous Substance - Methamphetamine in the District Court of Texas County, Case No. CF-2016-64. Sentencing occurred on February 28, 2018, resulting in a combined fifteen-year sentence with conditions on Counts 1, 2, and 3. After sentencing, on March 7, 2018, Banks filed a motion to withdraw her guilty pleas, which was supported by an additional pro se letter outlining her reasons. A hearing on this motion was held on April 4, 2018, but was denied by the Honorable Jon Parsley, District Judge. Banks appealed, arguing she faced multiple forms of conflict regarding her legal representation, which adversely affected her ability to receive effective assistance during her plea withdrawal hearing. This Court has previously established the right to effective counsel at plea withdrawal hearings. The arguments presented by Banks indicated an actual conflict of interest, as her counsel simultaneously represented conflicting interests regarding claims made against his own effectiveness. The evidence suggests Banks was denied the opportunity for conflict-free representation, and thus a new hearing is warranted for the motion to withdraw her guilty pleas. **DECISION** The Petition for Writ of Certiorari is GRANTED. The case is REMANDED to the District Court for the appointment of new counsel for Banks’ motion to withdraw her guilty pleas and to conduct a new hearing regarding that motion. **Parties Appeared Below** - **Defense Counsel**: Robert H. Jaques - **Respondent Counsel**: Assistant District Attorney Buddy Leach; Oklahoma Attorney General Mike Hunter **OPINION BY**: HUDSON, J. **CONCUR**: LEWIS, P.J.; KUEHN, V.P.J.; LUMPKIN, J.; ROWLAND, J. **[Download Full Decision](https://opinions.wirthlawoffice.com/wp-content/uploads/C-2018-415_1734109426.pdf)**

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C-2018-648

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In OCCA case No. C-2018-648, Denisa Dawn Duvall appealed her conviction for domestic assault and battery in the presence of a minor. In a published decision, the court decided to grant her request for a new hearing to withdraw her plea. One judge dissented. Duvall was charged with a misdemeanor and decided to enter a plea of no contest. The court accepted her plea and gave her a deferred sentence, which included supervision and counseling. Later, Duvall filed a request to withdraw her plea, saying she wanted an attorney to help her. However, when the court held a hearing, it was unclear if she was offered a lawyer or if she had decided to represent herself. Duvall claimed that she didn’t understand the charges or the meaning of her plea when she first entered it. The court didn’t allow her a lawyer during the hearing to withdraw her plea, which is against her rights under the Constitution. The court recognized that Duvall should have had legal help during that critical moment. The State agreed that Duvall didn’t receive a fair process because she was not represented by counsel. The court decided that they needed to redo the hearing where Duvall could have a lawyer present, and she should be allowed to explain why she wants to withdraw her plea. The court ordered that Duvall be given a new chance to file a motion for withdrawing her plea with her new lawyer and scheduled an evidentiary hearing on that motion. If her request to withdraw her plea is denied again, her lawyer must help her with an appeal. The decision from the court resulted in Duvall getting a new hearing, where she can properly address her plea's withdrawal with the support of an attorney.

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C-2017-1050

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**Court of Criminal Appeals of Oklahoma Summary Opinion** **David Neil Dunn v. The State of Oklahoma** **Case No. C-2017-1050** **Filed November 8, 2018** **Summary:** The Oklahoma Court of Criminal Appeals reviewed the case of David Neil Dunn, who sought to withdraw his no contest plea for various serious charges. Dunn appealed on the basis that he was denied his due process right to be present during the evidentiary hearing on his motion to withdraw the plea, and claimed ineffective assistance of counsel. **Key Points:** 1. **Charges and Plea**: Dunn was charged with multiple felonies, including First Degree Robbery and Burglary. He entered a blind plea of no contest, which resulted in significant prison sentences. 2. **Motion to Withdraw Plea**: Dunn filed a motion to withdraw his plea shortly after sentencing, claiming various legal grounds, including concerns about the validity of his plea. An evidentiary hearing was held, but Dunn was not present as he had been transported to the Department of Corrections. 3. **Court's Ruling**: The Court found that Dunn had a due process right to be present during this critical stage of the proceedings. The absence of Dunn hindered a fair and just hearing, particularly concerning his claims about the voluntariness of his plea. 4. **Counsel’s Role**: The court clarified that defense counsel's belief that Dunn's presence was unnecessary does not equate to a valid waiver of his right to be present. The decision emphasized that Dunn's testimony was crucial for effectively contesting the plea's validity. 5. **Outcome**: The Court granted Dunn's petition for certiorari and remanded the case back to the District Court for a proper evidentiary hearing on his motion to withdraw the plea, ensuring he would be present. 6. **Dissenting Opinion**: One judge dissented, arguing that the absence of Dunn did not constitute a violation of his rights, noting that his counsel had effectively represented him at the hearing. It was contended that the procedural complexities of representation should not be interpreted as waivers of due process. **Conclusion**: The Court ruled in favor of Dunn, stressing the importance of a defendant's presence in legal proceedings, particularly when their rights and pleas are being challenged, which underscores the principles of fairness and due process within the judicial system. For a detailed reading, [click here to download the PDF](https://opinions.wirthlawoffice.com/wp-content/uploads/C-2017-1050_1733996496.pdf).

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C-2016-140

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In OCCA case No. C-2016-140, Hiram Frank Mutters appealed his conviction for Child Sexual Abuse. In a published decision, the court decided to grant him a new hearing. One judge dissented. Mutters pleaded no contest to Child Sexual Abuse on December 7, 2015, and was sentenced to fifteen years in prison and a fine. He later wanted to withdraw his plea, so he filed a motion. However, during the hearing for this motion, he was not present because he was taken to another facility. His lawyer thought Mutters would prefer to stay away from jail rather than return for the hearing. This decision meant that Mutters could not explain his reasons for wanting to withdraw his plea. The court found that it is very important for a person to be present during such hearings because their testimony is vital. Since Mutters was not there, the hearing did not meet the required standards for fairness. Thus, the court ruled that the case should go back for a new hearing where Mutters can be present to share his side of the story and explain why he thinks he should withdraw his plea.

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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-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-2009-89

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In OCCA case No. C-2009-89, the appellant appealed his conviction for burglary in the first degree and aggravated assault and battery. In a published decision, the court decided to grant Murray a hearing on his motion to withdraw his guilty pleas. One member dissented. William Jackson Murray pled nolo contendere to two serious crimes: burglary in the first degree and aggravated assault and battery. After pleading, he was sentenced to a total of thirty-five years in prison. Murray wanted to take back his pleas, so he filed a request to withdraw them. However, the judge denied his request without holding a hearing first. Murray argued that the trial court made a mistake by not giving him a hearing on his motion. He was right. The court looked at the case and saw that there should have been a hearing to discuss his request. Even though a date for a hearing was set, the judge made a decision before they could actually have the hearing. The court noted that it is important for a person to have a chance to speak about their request to withdraw a plea because it is a significant part of the trial process. Since he did not get this chance, the court decided that Murray deserved a hearing about his motion before any further decisions were made. The decision of the court was to allow Murray to have a hearing on his motion to withdraw his pleas. They sent the case back to the lower court so that the hearing could take place.

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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-2009-17

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In OCCA case No. C-2009-17, Olindia Toann Vaughn appealed her conviction for Attempted Robbery With a Weapon. In an unpublished decision, the court decided to grant her request to withdraw her guilty plea. One judge dissented. Olindia Toann Vaughn pleaded guilty to attempting to rob someone with a weapon in the District Court of Tulsa County. She had an agreement with the court and was given a 15-year prison sentence that would run at the same time as another sentence she had. Later, Vaughn wanted to take back her guilty plea and asked the court to let her do it, but her request was denied after a hearing. Vaughn then filed a petition for a Writ of Certiorari, which is a request for the court to review her case. She also asked to add more information to her appeal and wanted a hearing to talk about her claims regarding the assistance of her lawyer when she tried to withdraw her plea. The court agreed to look at her additional information and set a hearing to explore specific questions about whether her lawyer gave her inadequate help. During the hearing, it was established that the lawyers who helped Vaughn when she wanted to withdraw her plea did not do a good job. They did not visit her beforehand to discuss her claims, did not investigate her confusion and mental health issues, and did not question her about how her health could affect her plea. As a result of these findings, the trial court decided that Vaughn had not received the proper assistance she needed from her lawyer during the plea withdrawal hearing. After reviewing the information, the court granted Vaughn's petition and allowed her to withdraw her guilty plea. They sent the case back to the District Court of Tulsa County for her to formally withdraw her plea and for further proceedings. The court recognized that it is important for everyone to have help from a competent lawyer, especially when they want to change their plea.

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C-2006-1079

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In OCCA case No. C-06-1079, Brian Daron Harris appealed his conviction for four counts of First Degree Rape. In a published decision, the court decided that Harris was denied his right to counsel during a critical stage of his case, which was the hearing on his motion to withdraw his guilty plea. The court found that since Harris' attorney was not present at the hearing, he did not have proper legal representation. This decision led to a determination that Harris should be given another chance to have a hearing on his motion to withdraw his plea, this time with independent legal counsel. One judge dissented.

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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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C-2004-1017

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In OCCA case No. C-2004-1017, Libera appealed his conviction for Knowingly Concealing Stolen Property. In an unpublished decision, the court decided to grant Libera's petition to withdraw his guilty plea and remand for further proceedings. One judge dissented. Stephen Mark Libera was charged for concealing stolen property in Tulsa County. He chose to waive a preliminary hearing and entered a guilty plea. During the plea, there was some confusion about what the consequences would be. Although there was mention of a possible deferred sentence (which would mean he might not have to serve time), Libera felt he was not given clear advice about what this plea meant for him. When he was sentenced, the court did not follow what a previous report suggested, which was to give him probation instead of prison time. Libera believed that if the recommendation by the pre-sentencing investigation (PSI) was not followed, he should be allowed to change his guilty plea. He felt he had been led to believe that probation would be granted, and when it wasn't, he wanted to withdraw his plea. The court agreed that he should have been given a chance to do so. Thus, they decided in favor of Libera, allowing him to withdraw his plea and sending the case back for further actions consistent with the new decision. One judge did not agree with this outcome.

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C 2002-1379

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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.

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C-2001-1425

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In OCCA case No. C-2001-1425, Byron Lynn White appealed his conviction for First Degree Murder. In a published decision, the court decided to remand the case for a proper hearing on White's motion to withdraw his guilty plea. White dissented.

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