Effective Assistance of Counsel

F-2018-531

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In OCCA case No. F-2018-531, Joseph Green Stoker appealed his conviction for Rape by Instrumentation (Count 1) and Lewd Molestation (Count 2). In a published decision, the court decided to affirm the Judgment and Sentence of the district court, meaning Stoker would serve ten years on each count, with the sentences served one after the other. One judge dissented. Stoker argued that he was not allowed to present a proper defense because his witnesses were not allowed to testify. The court found that the trial judge was correct in excluding the evidence because Stoker did not follow the proper legal steps to get those witnesses into the trial. Stoker also claimed that the prosecutor acted unfairly, which made it hard for him to have a fair trial. The court looked at previous cases and decided that what the prosecutor did was not harmful enough to change the outcome of Stoker's trial. Another point made by Stoker was that his lawyer did not do a good job defending him. However, the court said Stoker could not prove that this lack of help from his lawyer actually affected the outcome of the trial. Finally, Stoker complained that the trial court wrongly ordered him to pay some costs while he was still in prison. The court explained that there are laws that allow part of an inmate's earnings in prison to be used for paying court fees, so they found no error in the judge's decision. Overall, the court did not find any mistakes significant enough to affect Stoker's conviction or sentencing, so they upheld the original decision.

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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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RE-2018-232

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**Court of Criminal Appeals of the State of Oklahoma** **Case No. RE-2018-232** **Summary Opinion** **Appellant:** Courtney Quillen **Appellee:** The State of Oklahoma **Decided on:** May 30, 2019 **Judge:** Kuehn, Vice Presiding Judge **Background:** Courtney Quillen appealed the revocation of her concurrent seven-year suspended sentences issued by Judge Gregory D. Pollard. She had been convicted in two cases for several counts of Uttering a Forged Instrument. **Key Dates:** - **August 25, 2016:** Quillen entered nolo contendere pleas in two cases. - **March 3, 2017:** The State filed a motion to revoke her suspended sentences for failing to pay fees. - **February 26, 2018:** A revocation hearing was held, leading to the decision to revoke her sentences. **Charges and Allegations:** The State alleged that Quillen committed additional crimes (robbery and conspiracy) while on probation, which constituted violations of her probation terms. **Decision:** The court concluded that: - The alleged procedural errors regarding the twenty-day rule did not affect the court's ability to revoke the sentences from Case No. CF-2015-817 since it had jurisdiction over that case. - The evidence presented established that Quillen had participated in a robbery, thus justifying the revocation of her suspended sentences. **Propositions of Error:** 1. **Jurisdiction challenge** - Denied; revocation in Case No. CF-2015-817 upheld. 2. **Validity of waiver regarding twenty-day rule** - Moot. 3. **Insufficient evidence for robbery** - Denied; evidence supported the involvement in robbery and conspiracy. 4. **Insufficient evidence for conspiracy** - Denied; Quillen was shown to have conspired with co-defendants. 5. **Ineffective assistance of counsel** - Moot due to affirming the revocation based on other factors. 6. **Abuse of discretion in revocation** - Denied; trial court acted within its discretion. **Final Order:** The Court affirmed the decision of the District Court of Pontotoc County to revoke Quillen’s concurrent suspended sentences. **Mandate Issued.** [Full opinion and details available here](https://opinions.wirthlawoffice.com/wp-content/uploads/RE-2018-232_1734699237.pdf).

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F-2018-384

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In OCCA case No. F-2018-384, Jimmy Dean Coke, Jr. appealed his conviction for Knowingly Concealing Stolen Property and Obstructing an Officer. In an unpublished decision, the court decided to affirm the Judgment and Sentence of the district court. One judge dissented. Jimmy Dean Coke, Jr. was convicted of two crimes. The first was knowing concealment of stolen property, and the second was obstructing an officer. The court sentenced him to twenty-five years for the first charge and one year for the second, and he also had to pay fines. Coke argued that the proof against him was not strong enough. He believed there was not enough evidence to convict him beyond a reasonable doubt for either charge. However, the court reviewed the evidence in a way that favored the state. This meant they looked for any reasonable way a jury could have found him guilty. They decided there was enough evidence to support both convictions. Coke also claimed the trial court didn’t tell the jury about the value of the stolen property, which he thought was a mistake. For a charge of concealing stolen property to be a felony, the property must be worth $1,000 or more. Although the judge did not instruct the jury about this value, they still found that the property was worth $1,500 based on testimony, so the court determined that the omission was harmless. Coke left the courthouse during the jury's deliberation. The jury reached a verdict, and he was not there. Coke argued that he had the right to be present during this critical time. The court decided that because Coke chose to leave, he waived his right to be there, and the judge acted correctly by continuing without him. Coke believed that the prosecutor’s arguments were unfair and made it hard for him to have a fair trial. They reviewed the claims of misconduct and found that some were not objected to during the trial; therefore, they could only check for obvious errors. The court found minimal misconduct and did not feel it affected his trial's fairness. He also felt that he was not treated fairly by the judge. However, the court believed the evidence did not show that the judge was biased against him. The decisions made during the trial were consistent with legal practices. Coke said the judge gave him fines even though the jury did not decide on fines. The court agreed that the judge could impose fines even if the jury did not because the law allows it. Coke claimed that his lawyer did not do a good job and that this hurt his chance for a fair trial. The court found that since there were no significant mistakes made, the claims for ineffective counsel did not hold. Coke lastly argued that even if no single mistake was significant enough to reverse the decision, the total of all mistakes could warrant a new trial. The court decided that since they did not find any errors, this claim was also denied. In conclusion, the court affirmed the original decision, meaning Coke would remain convicted and serve his sentences as decided by the original trial.

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F-2018-321

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In OCCA case No. F-2018-321, Wayne William White appealed his conviction for Stalking. In an unpublished decision, the court decided to affirm the conviction. One judge dissented. Wayne William White was found guilty by a jury for stalking his ex-girlfriend after he repeatedly bothered her over several months, which included breaking a protective order meant to keep him away from her. He was sentenced to twenty years in prison. White argued two main points in his appeal. First, he claimed that the trial court made a mistake by not requiring the prosecution to choose specific actions that proved he stalked the victim. He believed this could confuse jurors, making it impossible for them to reach a unanimous agreement on what actions he took. The court explained that for a conviction of stalking, the law only needed to show that White repeatedly followed or harassed the victim, which means doing things that would cause someone to feel scared or upset. The State provided proof that he made multiple phone calls, left threatening messages, and damaged her property. The court looked into his argument and found no error. They stated that the process of how they reached their decision didn’t have to have them agree on every small action, but rather just that he was guilty of stalking overall. For White's second argument, he suggested that his lawyer did not do a good job by not asking the State to pick specific actions to focus on. The court said that since the State wasn’t required to choose specific actions anyway, his lawyer's actions did not hurt his case. Because of this, the court also denied this argument. In conclusion, the court affirmed Wayne William White's conviction, meaning his appeal was unsuccessful, and he would continue to serve his sentence. One judge had a different opinion but the majority agreed with the decision.

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F-2018-56

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In OCCA case No. F-2018-56, Garry Wayne Wilson appealed his conviction for First Degree Murder and Possession of a Firearm While Under Supervision of the Department of Corrections. In a published decision, the court decided to affirm the conviction and sentence. No one dissented. Garry Wayne Wilson was found guilty by a jury in Tulsa County. He faced two charges: killing someone and having a gun when he wasn’t supposed to. The jury decided he should spend his life in prison for the murder and ten years for the gun charge, with both sentences running one after the other. Wilson raised several problems about his trial that he believed made it unfair. He thought the court made mistakes, such as changing the charges against him in a way that hurt his defense, not telling the jury the right instructions, allowing too many pictures of the victim that were too much to see, and that the prosecutor did things wrong during the trial. He also believed his lawyer didn’t help him enough. The court looked closely at Wilson’s complaints. First, they found that the change in the charges was allowed because it didn’t really change what he was being accused of. It was fair to change it based on the evidence that came out during the trial. Next, regarding jury instructions, the judges said they were given correctly. Even though Wilson claimed he should have received specific instructions about being angry, the judges said that because Wilson denied shooting the victim, he didn’t qualify for those instructions. Also, the jury did get to hear about similar lesser charges, which gave them options. About the photos shown in court, the judges found they were important for showing what happened to the victim. Even if there were many pictures, they all served a purpose and were not too repetitive. Regarding the claims of the prosecutor acting inappropriately, the court said that, despite Wilson's worries, the issues did not make the trial unfair. The judges assessed all the prosecutor's actions as a whole to decide if they were serious problems. They concluded that they were not. Wilson also said his lawyer didn’t do a good job. However, the judges commented that legal representatives have a wide range of actions they can take, and it’s not easy to prove they didn’t do their job well. They didn’t find any significant mistakes made by the lawyer that harmed Wilson’s case. Lastly, Wilson argued that all these issues combined made his trial unfair. The judges disagreed and said that since they found none of his claims were valid, there were no combined errors that would change the outcome either. In summary, the court affirmed Wilson's conviction and sentence. They found no significant errors that would merit a new trial or a change in his punishment. The case concluded with the jury's decision being upheld.

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F-2017-1031

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In OCCA case No. F-2017-1031, a person appealed his conviction for first-degree murder. In an unpublished decision, the court decided to affirm the conviction. One member of the court dissented. Dakota Joe Spainhower was found guilty of first-degree murder for killing his friend, who was a juvenile. The incident occurred after their shift at a local restaurant in July 2016. After receiving a ride home from the victim, Spainhower's mother noticed something strange outside and found a body next to a car, which belonged to the victim. Initially, Spainhower told his mother that the victim had tried to rob him and stabbed him first, prompting him to fight back and stab the victim multiple times. Evidence showed that Spainhower had blood on him and took the victim's keys after the incident. Spainhower's confession to the police was a crucial part of the trial. The court had to determine if this confession was made voluntarily and if he understood his rights when he waived them. There were questions regarding his mental health, education level, and the long duration of his questioning by police, all of which were argued to undermine the validity of his confession. However, the court found sufficient evidence that his confession was voluntary. The court also evaluated whether the evidence presented during the trial was enough to support the murder conviction. They determined that the evidence, including the victim's numerous injuries, was compelling enough for a rational jury to conclude beyond a reasonable doubt that Spainhower was guilty of intent to kill. Spainhower raised concerns about prosecutorial misconduct, claiming that the prosecutor made improper statements during closing arguments. The court assessed these claims and found that any mistakes did not significantly affect the outcome of the trial. Additionally, Spainhower argued that he received ineffective assistance from his counsel. However, the court determined that his counsel acted adequately throughout the trial. Finally, Spainhower claimed that the combination of all the errors he identified deprived him of a fair trial. The court concluded that since no individual errors were found that warranted relief, the cumulative effect of claims also did not provide grounds for a new trial. Thus, the court affirmed the judgment and sentence against Spainhower, maintaining his conviction for first-degree murder with no opportunity for parole.

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F-2017-863

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In OCCA case No. F-2017-863, Joe Zacharias Harp appealed his conviction for Child Sexual Abuse. In an unpublished decision, the court decided to affirm his conviction. One judge dissented. Harp was found guilty of Child Sexual Abuse in a trial that did not involve a jury. The judge sentenced him to thirty years in prison and three years of post-imprisonment supervision. He raised five main points in his appeal. First, he argued that he should not have been tried after entering a no contest plea because jeopardy should have attached at that moment. However, the court found that he did not show that an error occurred in this area. Since he went ahead with the trial without raising the issue, the court ruled he had waived this point. Second, Harp claimed that the court wrongly allowed certain statements made by the victim to be used as evidence without first holding a reliability hearing. The court acknowledged that he had not disagreed with this at trial but concluded that the statements were reliable enough and that the error did not affect Harp's rights in any significant way. For the third point, Harp said that the victim's testimony was too vague and unbelievable and that it needed support from other evidence to count as valid. The court disagreed, stating that the victim's testimony was consistent and made sense, thus supporting a conviction without needing corroboration. The fourth point was about his lawyer not properly supporting his plea and rights during the trial. The court stated Harp did not meet the requirements to prove that his lawyer had failed in their duty. Lastly, Harp mentioned that the errors in his trial added up to unfair treatment, but the court ruled against this claim as well, finding no significant cumulative error. In conclusion, the court affirmed the original judgment and Harp's sentence.

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F-2018-103

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In OCCA case No. F-2018-103, the appellant appealed his conviction for manslaughter in the first degree, heat of passion. In an unpublished decision, the court decided to affirm the conviction. One judge dissented. David Wayne Ellis was charged with first degree murder, but the jury found him guilty of the lesser charge of manslaughter in the first degree. This happened after a trial in which the jury decided on a sentence of life imprisonment. The judge took into account the time Ellis had already served in jail. Ellis raised several issues in his appeal: 1. He argued that the State did not prove beyond a reasonable doubt that he was not acting in self-defense when he stabbed the victim. The court looked at the evidence and decided that the jury had enough information to find that Ellis was not acting in self-defense. The court noted that Ellis had confronted the victim with a knife and had made threats, showing he was the aggressor. 2. Ellis claimed that the prosecutor made a mistake by calling the decedent's death a murder during the trial. He believed this was wrong because it was up to the jury to decide on the nature of the death. However, the court found that since the jury had been instructed correctly and had not convicted him of murder but rather manslaughter, this was not a mistake that would affect the trial's fairness. 3. Ellis argued that he did not receive effective legal help during the trial. The court considered this argument but found that his lawyer’s performance did not fall below what is acceptable. Moreover, since there was no error established in the previous points of appeal, this claim also failed. 4. Finally, he objected to the admission of a photograph of the decedent that he felt was unfairly prejudicial. The court determined that the photo was allowed under the law because it provided context about the victim and was relevant to the trial. They did not find any error in allowing it. Overall, the court affirmed the conviction and determined that there were no significant mistakes made during the trial that would change the outcome.

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F-2017-1098

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In OCCA case No. F-2017-1098, Rodger Dale Stevens appealed his conviction for performing a lewd act in the presence of a minor. In an unpublished decision, the court decided to affirm Stevens' conviction and sentence. One judge dissented. Stevens was found guilty of a serious crime because he masturbated in front of a seven-year-old boy. The court looked closely at the evidence to see if it proved Stevens was doing this for sexual gratification. The victim testified and provided strong evidence that Stevens derived satisfaction from what he did. Even though Stevens argued that he was just trying to help the boy feel comfortable with his body, the jury did not believe him. Stevens also argued that his punishment was too harsh. Since he had previous felony convictions, his sentence was enhanced under a specific law that allows for harsher penalties for repeat offenders. Stevens said the law was applied wrongly and that he should have received a lighter sentence, but the court found that the jury was correctly instructed on the range of punishment. He raised several other issues, including claims that irrelevant and prejudicial evidence was admitted, and that his lawyer did not defend him properly. However, the court upheld that the lawyer's actions did not negatively impact the trial's outcome. Stevens argued that the life sentence he received was excessive, even claiming the situation was not severe enough for such a strong punishment. The court disagreed, noting the nature and seriousness of the crime and confirming that the sentence was within legal limits and did not shock the conscience. In summary, the court affirmed the conviction and sentence, ruling that the evidence supported the jury's decision and that the legal procedures followed were appropriate.

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M-2018-212

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**COURT OF CRIMINAL APPEALS OF THE STATE OF OKLAHOMA** **Rodney Eugene Smith, Appellant,** **v.** **The State of Oklahoma, Appellee.** **Case No. M-2018-212** **Filed May 9, 2019** **Summary Opinion** **Presiding Judge: Lewis** **Judgment and Sentence Affirmed** **Facts:** Rodney Eugene Smith appeals his conviction for Domestic Assault and Battery, a misdemeanor. The incident occurred on May 29, 2017, when Alexis Perkins alleged that Smith struck her. Witness Bridgett Downum testified to witnessing Smith slap Perkins during a heated argument at Downum's residence. The jury convicted Smith, resulting in a one-year county jail sentence and a $5,000.00 fine. **Propositions of Error:** 1. **Insufficient Evidence of Dating Relationship:** Smith argues that the State failed to prove he was in a dating relationship with Perkins. The court found Perkins' testimony about their living and sexual relationship sufficient for a jury to reasonably conclude a dating relationship existed. 2. **Intent to Injury:** Smith contends the State did not prove he acted with intent to injure. The court found that his actions during the confrontation demonstrated sufficient intent to do harm, as viewed in light most favorable to the State. 3. **Failure to Instruct on Lesser Included Offense:** The court found no error in failing to instruct on simple assault and battery because the evidence supported the charge of domestic assault and battery. Smith's claims about the dating relationship were rejected. 4. **Self-Defense Instruction Denied:** The trial court did not abuse its discretion in refusing Smith's self-defense instructions, as the evidence did not support his claim of self-defense. 5. **Jury Instructions on Specific Crime:** Smith's claim that the jury instructions were improper was denied as he did not object at trial, and the instructions sufficiently defined the offense. 6. **Insufficient Information:** The court ruled the Information provided adequate notice to Smith regarding the charges against him, as it included essential details about the crime. 7. **Cumulative Prosecutorial Misconduct:** Smith's claims of prosecutorial misconduct were rejected as the comments did not fundamentally undermine his trial's fairness. 8. **Improper Lay Opinion Testimony:** Downum's opinion testimony was not objected to at trial and, assuming it was improper, did not constitute plain error. 9. **Ineffective Assistance of Counsel:** Smith's trial counsel's performance did not result in prejudice, and he failed to show how the outcome would have differed had the objections been raised. 10. **Cumulative Errors:** The cumulative nature of alleged errors did not affect the trial outcome, and therefore, no relief is warranted. **Conclusion:** The court affirmed the judgment and sentence, concluding that Smith received a fair trial despite the raised propositions. **Opinion by: Lewis, P.J.** **Concurrences:** Kuehn, V.P.J.; Lumpkin, J.; Hudson, J.; Rowland, J.

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F-2017-1248

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In OCCA case No. F-2017-1248, Aislyn Jonelle Miller appealed her conviction for five counts of Child Neglect. In an unpublished decision, the court decided to affirm the judgment and sentence. One judge dissented. Miller was found guilty by a jury of not taking care of her two young children, which included not providing them with enough food and not getting them the medical care they needed. The jury suggested that she be sentenced to thirty years in prison for four of the counts and ten years for one count, with the sentences to be served one after the other. Miller argued several points on appeal. First, she claimed that two of her convictions for neglecting one child should not count separately, as they were for the same offense – one for not feeding the child and the other for not getting medical care. She also made a similar claim regarding her neglect of her other child. However, the court found that failing to feed the children and failing to get medical care for them were different acts, so her separate convictions were valid. Miller’s next argument was that she did not have good legal representation during her trial. The court explained that to prove this, she needed to show that her lawyer made big mistakes and that these mistakes changed the outcome of her case. Since the court deemed her convictions valid, it concluded that any issues raised about her attorney’s performance would not matter since those objections would not have made a difference. Lastly, Miller claimed that the judge should have allowed her to serve her sentences at the same time instead of one after the other, which would have meant a shorter time in prison. The court pointed out that judges have the right to decide how to run sentences, and in this case, the judge acted reasonably and considered all the facts before deciding to run them consecutively. Overall, the court did not find any errors in the trial process that would have changed the outcome, and so they upheld the original sentence given to Miller.

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F-2017-444

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In OCCA case No. F-2017-444, Haskin appealed his conviction for child neglect and child sexual abuse. In an unpublished decision, the court decided to affirm his convictions and sentences. No one dissented. Haskin was found guilty of neglecting children and sexually abusing them. The jury gave him several long prison sentences, including ten years for each count of neglect and many decades for sexual abuse. The judge ordered these sentences to be served one after the other. Haskin raised seven main arguments against his conviction during his appeal. He claimed that the trial court made mistakes that affected his rights. For example, he said that evidence was unfairly used against him, and that the trial did not follow the rules properly. He argued that a police investigator should not have gone back to his property without a warrant, and that his rights were violated in other ways as well. However, the court found that the police acted reasonably and that Haskin's claims of error did not hold up because he did not provide enough details to support them. The court carefully reviewed everything and decided there was no need to change the outcome of the trial. They ruled that Haskin's conviction and the long sentences would stand. The decision means he will serve a considerable time in prison for his actions.

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F-2017-1285

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In OCCA case No. F-2017-1285, Isaac Avila appealed his conviction for multiple counts of kidnapping, possession of a firearm during the commission of a felony, and resisting an officer. In an unpublished decision, the court decided to affirm his convictions and sentences. One judge dissented. Isaac Avila was found guilty by a jury for kidnapping his estranged wife and his own children, along with possessing a firearm during these events and resisting an officer. The jury gave him various sentences, including a total of 50 years in prison for the kidnappings and other convictions. Avila argued that his convictions for kidnapping his children were not valid since he believed he had the right to be with them as their parent. He also claimed there wasn’t enough evidence to convict him for these crimes. The court examined the law and the evidence. They found that, while parents do have rights, Avila acted in a way that was not allowed by law when he took his children. The court also decided that the evidence was sufficient to support his convictions, meaning it was strong enough for a reasonable person to believe he was guilty. Avila further argued that the jury should have been told about the defense of consent, which is when someone allows an action to happen, and that his lawyer didn’t do a good job helping him. However, the court ruled that the trial instructions were adequate and that his lawyer's performance did not harm his case. Lastly, Avila thought his sentences were too harsh. The court agreed that, while they were serious, they were reasonable given the facts of the case. Overall, the court upheld Avila's convictions and sentences, deciding that he had received a fair trial and that the evidence against him was strong enough to support the jury's decisions.

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F-2017-1191

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In OCCA case No. F-2017-1191, Leroy Edward Gilbert, Jr. appealed his conviction for First Degree Murder. In an unpublished decision, the court decided to affirm the conviction. One justice dissented. The case involved the murder of Erma Jean Goodou, who was killed in 1994. For many years, the murderer remained unknown. Goodou was found dead in her home, showing signs of a violent struggle. There were indications that someone entered through a window, attacked her, and fled. Despite extensive investigation, her murder stayed unsolved for almost twenty years. In 2013, some of the evidence was retested, which produced DNA that identified Gilbert as the suspect. He had previously denied knowing Goodou despite having been a high school acquaintance. His fingerprints were also found at the crime scene. During the trial, Gilbert testified, claiming they had a secret relationship and tried to explain the presence of his DNA and prints, but the evidence was compelling against him. Appellant's arguments in the appeal included claims of improper jury instructions regarding the 85% Rule, prosecutorial misconduct, and ineffective assistance of counsel. The court found that while there were errors in jury instructions, specifically about the 85% Rule not being applicable to his case, these did not affect his substantial rights or the outcome. The comments made by the prosecutor during the trial were also deemed not to have harmed Gilbert's defense. Ultimately, despite a dissenting opinion regarding the impact of those errors, the court upheld the trial's decision, maintaining Gilbert's conviction for First Degree Murder and sentencing him to life without the possibility of parole.

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C-2018-315

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This document is a summary opinion from the Oklahoma Court of Criminal Appeals regarding the case of David Duane Albright, a petitioner who sought to withdraw his guilty pleas related to charges of manufacturing methamphetamine, possession of a controlled substance, and maintaining a place for keeping/selling controlled substances. ### Key Points: 1. **Background**: - Albright was originally charged in Delaware County with multiple drug-related offenses in 2010. - He entered a guilty plea in December 2010 and was accepted into the Delaware County Drug Court Program. - After being terminated from the program for non-compliance, he was sentenced in September 2013 to life imprisonment on two counts and 20 years on another, with fines imposed. 2. **Procedural Posture**: - Albright filed a Motion to Withdraw Guilty Pleas shortly after sentencing, which was denied. - He initially failed to appeal but was granted an appeal out of time in 2018. 3. **Claims on Appeal**: Albright raised several propositions of error: - **Proposition I**: He argued his plea lacked an adequate factual basis. - **Proposition II**: Claimed his pleas were not entered knowingly and voluntarily. - **Proposition III**: Contended the $50,000 fine was unauthorized by statute. - **Proposition IV**: Asserted he should have received credit for jail time, violating his due process. - **Proposition V**: Claimed ineffective assistance of counsel. 4. **Court's Analysis**: - **Proposition I and II**: The court found Albright waived appellate review by not raising these claims in his motion to withdraw his plea. - **Proposition III and IV**: These claims were also deemed waived for similar reasons, not raised in the motion to withdraw. - **Proposition V**: While the court reviewed the ineffective assistance of withdrawal counsel, they found no evidence of deficiency or that it prejudiced Albright's case. 5. **Decision**: - The court affirmed the lower court's denial of Albright's Motion to Withdraw Plea, concluding that he did not demonstrate a valid basis for the claims made. 6. **Concurring Opinion**: - Judge Rowland specially concurred, expressing concern regarding the adequacy of the factual basis for the plea related to maintaining a place for keeping/selling a controlled dangerous substance. While recognizing the issues, he noted that because the facts weren’t adequately challenged during the proceedings, the claims were not actionable in this appeal. ### Conclusion: The petitioner's appeal was denied, and the trial court's decision stands, allowing the guilty pleas to remain in effect due to procedural waivers and the lack of substantive evidence to support the claims raised on appeal. The opinion highlights the importance of raising issues timely and thoroughly in the proper forums to preserve them for review.

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F-2017-1189

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In OCCA case No. F-2017-1189, Lawrence Raymond Silver, Jr. appealed his conviction for Solicitation for First Degree Murder. In a published decision, the court decided to affirm the judgment and sentence from the district court. One judge dissented. The case started when Silver was tried and found guilty of trying to get someone to commit murder. The jury decided he should go to prison for thirty-seven years. During the trial, Silver raised several issues on appeal. First, he argued that the prosecutor said some unfair things that hurt his chances for a fair trial. However, the court found that these comments were not serious enough to make the trial unfair, and there was no error. Silver also thought that he should not have received three years of supervision after leaving prison since the law said this only applied to specific crimes. The court agreed that there was an error, but the trial judge later fixed it, reducing the supervision time to nine months to a year. Because this was corrected, Silver did not need any more relief on this issue. Additionally, Silver claimed that his lawyer did not help him well enough during the trial. The court explained that to show his lawyer was ineffective, Silver needed to prove that if the lawyer had done better, the result of the trial would have been different. Since the court didn't find any of the previous claims valid, they decided that his lawyer's work couldn't be judged as ineffective. Finally, Silver said that even if no single issue mattered on its own, the overall mistakes during the trial combined to deny him a fair trial. The court ruled that without any valid individual mistakes, his claim for cumulative errors was groundless. In conclusion, the court upheld the original judgment and sentence against Silver, and his request for further testing of his lawyer's assistance was denied.

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F-2017-952

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In OCCA case No. F-2017-952, Jerry Don Battenfield appealed his conviction for sexual abuse of a child under age twelve. In an unpublished decision, the court decided to affirm his convictions. One judge dissented. Mr. Battenfield was found guilty without a jury and received a sentence of thirty years in prison and a fine for each of the two counts, which means he must serve over twenty-five years before he can be considered for parole. He raised several arguments on appeal. First, he argued that he did not understand that he was giving up his right to a jury trial. He believed he might face the death penalty, but the court found he was not misled about the possible punishment. Therefore, his claim was denied. Second, he claimed that the judge improperly relied on evidence that was not admitted during the trial. However, the court found that the judge could only use the evidence that was presented and determined there was no error. Third, he argued that there should have been a hearing to check if child hearsay was reliable before it was allowed in court. The court noted that his attorney had actually agreed to let the hearsay in, which meant that there was no error to review. In the fourth point, he contended that some of the child’s statements were allowed into the trial in a way that violated his right to confront witnesses. The court agreed that there was a mistake concerning some statements but concluded the mistake was harmless, as there was enough other evidence to show he was guilty. Fifth, he stated that his lawyer did a poor job for not fighting harder to protect his rights during the trial. However, the court believed that the lawyer did not make any major mistakes that would have changed the outcome of the trial. Finally, he asked for a review based on multiple mistakes during the trial. The court found that the previous issues did not add up to deny him a fair trial. The court affirmed the judgment and said that the decisions made during the trial were generally correct, despite acknowledging a small error regarding the child’s statements. Overall, his appeal was denied, and he will continue to serve his sentence.

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F-2017-849

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In OCCA case No. F-2017-849, Samuel Cosby appealed his conviction for assault and battery with a deadly weapon. In an unpublished decision, the court decided to affirm his conviction. One judge dissented. Samuel Cosby was found guilty by a jury in Oklahoma County and sentenced to life imprisonment. He raised several arguments to claim that errors during the trial affected his right to a fair trial. First, Mr. Cosby argued that the trial court made a mistake by not having a pretrial hearing to check if the expert testimony about firearms was reliable. The court found no error in allowing the expert testimony because it is generally accepted in trials. Second, he claimed the firearms expert's analysis was flawed and unfair. However, the court decided that there was no plain error since the expert's opinion was based on accepted methods. Third, he argued that a phone call he made from jail should not have been used as evidence. While he objected in court, the judges felt the phone call was relevant because it showed he was aware of the situation. Fourth, Mr. Cosby said there were mistakes in how evidence was handled, particularly about the victim's injuries. The court ruled that the evidence was necessary for proving the case. Fifth, he felt the jury instructions were wrong because his request for an explanation about inconsistent statements was denied. The court explained that the victim's testimony was not inconsistent enough to require such an instruction. Lastly, Mr. Cosby claimed he did not receive effective help from his lawyer. The court found that since these errors did not actually happen, this claim was also not valid. The overall decision was that the judgment and sentence against Mr. Cosby were correct, and his appeals did not show any significant errors that affected the fairness of his trial.

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F-2017-559

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In OCCA case No. F-2017-559, Jonas Jorge Conroy-Perez appealed his conviction for Harboring a Fugitive From Justice. In a published decision, the court decided to reverse the acceleration of his deferred judgment and sentencing. One judge dissented. The case started when Conroy-Perez entered a guilty plea in 2015, which allowed him to avoid immediate penalties but required him to follow certain rules for two years. One of these rules involved paying fees. Later, the state claimed he violated these rules by not only missing payments but also due to new felony charges. In 2017, after a hearing, the judge decided that Conroy-Perez had violated his probation and increased his sentence to a 10-year term, with time suspended except for the first 90 days in jail. Conroy-Perez argued that he couldn’t pay the fees because he was unable to work after a vehicle accident and was receiving worker's compensation. The court looked into his arguments. On one hand, the court agreed that while the state proved he owed money, they should also have checked whether he was willfully not paying. The state did not show he could afford to pay the fees, thus the court ruled it was not right to increase his sentence based solely on that. Therefore, they sent the case back for further examination. On other points of appeal, the court found that there was no evidence his legal representation was inadequate and did not rule on the length of the new sentence since they had already reversed it. The dissenting judge noted concern about the implications of the ruling, emphasizing the importance of understanding a person’s ability to pay before increasing sentences for not paying fees.

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F-2017-1038

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In OCCA case No. F-2017-1038, Zachary Craig Anderson appealed his conviction for Child Neglect. In an unpublished decision, the court decided to affirm the judgment and sentence. One judge dissented. Zachary Craig Anderson was found guilty after a trial for neglecting a child, which is against the law. The judge gave him a sentence of 20 years in prison but also gave him credit for the time he had already served. Anderson did not agree with his conviction and decided to appeal, which means he wanted a higher court to review the decision made in his original trial. Anderson claimed that his lawyer did not help him effectively by not challenging the statements he made to the police. He argued that his lawyer should have questioned whether those statements could be used against him in court because he was not read his rights, which are important for protecting people when they are being questioned by police. These rights are known as Miranda rights, and they are designed to help ensure that people are not forced to speak without understanding their rights. In the appeal, the court looked at whether Anderson's lawyer did a good job or not. To win this argument, Anderson had to show that his lawyer's performance was poor and that this hurt his chances of a fair trial. The court found that Anderson did not show evidence that his lawyer was ineffective. They said that Anderson actually voluntarily talked to the police and did not feel pressured or threatened. Since he cooperated, the court thought there was no reason for the lawyer to challenge his statements to the police. After looking at all the evidence and arguments, the court decided to keep Anderson's conviction and sentence as they were. They also denied his request for a hearing to discuss the effectiveness of his lawyer's help during the trial. In summary, Anderson's appeal did not lead to any changes in his conviction. The court agreed that the statements he made to the police were allowed and that his lawyer’s actions were reasonable in the situation.

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F-2017-602

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In OCCA case No. F-2017-602, Kenneth Donald Knox appealed his conviction for Child Abuse by Injury. In a published decision, the court decided to affirm Knox’s conviction and twenty-five-year prison sentence, but they modified the period of post-imprisonment supervision from three years to one year. One justice dissented. Knox was found guilty by a jury in Tulsa County for causing injuries to a four-month-old baby. The jury decided that he should spend twenty-five years in prison for this crime. Knox thought his lawyer didn’t help him properly, said there wasn’t enough proof for the conviction, and argued that the extra year of supervision after prison was not allowed by law. The court looked closely at all the facts and evidence in his case. They explained that to prove a lawyer didn’t do a good job, Knox had to show that it hurt his chances of winning the case. The court found that Knox didn’t provide enough proof to support his argument about his lawyer’s effectiveness. When it came to the conviction, the court reviewed whether there was enough evidence against Knox. They decided that there was enough proof to show that Knox harmed the baby. Lastly, about the extra supervision time after prison, they agreed that Knox should only have to do one year instead of three, as the law supports a shorter period in his case. In summary, Knox's conviction was upheld, he was given a long prison sentence, and the court changed the rules about his supervision time after he’s released.

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C-2017-1044

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The document appears to be a legal summary from the Oklahoma Court of Criminal Appeals regarding the case of Auntra Lawan Edmonds. The case revolves around Edmonds' appeal after being convicted of two counts of First Degree Manslaughter. Here’s a concise overview of the case and the court's decision: 1. **Background**: Auntra Lawan Edmonds was charged with two counts of First Degree Manslaughter in Greer County District Court. After entering a no contest plea and being sentenced to life imprisonment for each count (to run concurrently), he later sought to withdraw his plea, which the court denied. 2. **Propositions of Error**: - **Proposition I**: Edmonds argued that the trial court erred in denying his motion to withdraw his plea, claiming it was not entered knowingly, intelligently, and voluntarily. The court found that the record sufficiently demonstrated that Edmonds was aware of his rights and the nature of the charges, thus affirming that his plea was valid. - **Proposition II**: He claimed ineffective assistance of counsel during the plea withdrawal hearing. The court concluded that this claim lacked merit, noting that Edmonds did not provide substantial evidence to support the claim of ineffective assistance. - **Proposition III**: Edmonds argued that his life sentences were excessive. The court reasoned that the sentences were factually substantiated and justified given the severity of the incident, including the presence of alcohol and prior criminal behavior. 3. **Court Decision**: The court denied Edmonds' petition for a writ of certiorari, affirming the judgment and sentence of the District Court. It upheld that the trial court did not abuse its discretion in denying the motion to withdraw the plea. 4. **Final Note**: The opinion emphasizes the importance of properly presenting claims during the trial and highlights that a defendant's dissatisfaction with a sentence does not invalidate a plea agreement. This case serves as a reference point for issues regarding plea withdrawals, effective legal counsel, and the proportionality of sentences in criminal proceedings.

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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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F-2017-851

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In OCCA case No. F-2017-851, Anthony Harold Warnick appealed his conviction for Possession of Child Pornography, After Former Conviction of Two or More Felonies. In an unpublished decision, the court decided to affirm his conviction but modified the fee for his indigent defense. The dissenting opinion was not specified. Warnick was tried without a jury and found guilty, receiving a 35-year prison sentence. He argued several points in his appeal, claiming errors and issues with how his previous convictions were used to enhance his sentence. He stated that his earlier convictions should not have been considered because they were misdemeanors at the time of the offenses or were too old to count against him. The court reviewed specific claims regarding the earlier convictions and determined there were no plain errors in how they were assessed. They found that Warnick's previous convictions were appropriately used to enhance his sentence, as he did not successfully challenge their validity in previous appeals or post-conviction actions. One error was found concerning the fee for his defense representation, which was set too high at $500 instead of the legal limit of $250. The court corrected this fee to the legal amount and directed the trial court to make this change. Overall, the court concluded that no significant errors impacted Warnick's trial or his sentence, except for the mentioned fee correction. His appeal was mostly denied, reinforcing his conviction but providing a slight adjustment in the costs associated with his defense. The dissenting opinion on this case was not detailed in the decision.

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