Hearing on Application Archives

C-2012-277

Post author:Staff
Post published:April 18, 2013
Post category:C

In OCCA case No. C-2012-277, Crystal Lynn Erb appealed her conviction for Child Neglect. In a published decision, the court decided to remand the case for the appointment of new, conflict-free counsel to represent Erb in her application to withdraw her Alford plea. One judge dissented. Crystal Lynn Erb was charged with child neglect after she was accused of not taking care of her infant, Tamberlyn Wheeler. The events that led to the charges happened between January 2008 and April 2008, but the official charges were not filed until January 2011. This was a delay of almost 2 years and 9 months. A preliminary hearing took place in May 2011, and Erb was bound over on the charge. On October 12, 2011, she entered an Alford plea, which means she did not admit guilt but accepted a plea deal because it was in her best interest. She agreed to testify against her co-defendant, Samuel Wheeler, and was released on her own recognizance. During the sentencing hearing in February 2012, Erb was sentenced to 30 years in prison. Shortly after, her lawyer filed a motion for her to withdraw her guilty plea, arguing that Erb was innocent. However, during the hearing for this motion, the lawyer did not present any strong arguments or evidence for why Erb should be allowed to withdraw her plea. The judge denied the motion. Erb later filed an appeal and sought a review by the court, raising several claims for why her plea should be re-evaluated. She argued that her plea was not made knowingly or intelligently and that she did not receive good legal help due to a conflict with her attorney. The court noted that the issues Erb raised in her appeal were not dealt with properly by her lawyer when they tried to withdraw her plea. The court expressed concerns about whether her plea was voluntary and if her attorney did not provide effective assistance. Since the same lawyer represented Erb during both the plea and the motion process, the court decided that Erb needed a new attorney who could help her without any conflicts of interest. As a result, the court ordered that the case be sent back to appoint a new lawyer for Erb so that they could help her file a new application to withdraw her Alford plea and represent her in any related hearings. The decision was made to ensure that Erb received fair and effective legal help.

C-2009-617

Post author:Staff
Post published:February 8, 2010
Post category:C

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

C-2004-739

Post author:Staff
Post published:June 8, 2005
Post category:C

In OCCA case No. C-2004-739, Billy Jack Brown, Jr. appealed his conviction for Attempt to Manufacture the Controlled Dangerous Substance Methamphetamine and/or Amphetamine, Child Endangerment, and Possession of a Controlled Dangerous Substance Methamphetamine or Amphetamine. In an unpublished decision, the court decided to grant his petition for a writ of certiorari and remand the case for a new hearing on his application to withdraw his plea. One member of the court dissented. Billy Jack Brown pleaded no contest to three charges related to drugs and child endangerment. He was given a long prison sentence and a large fine. After some time, Brown wanted to change his plea. He said he felt pressured to plead guilty, claiming his lawyer told him if he didn’t, his wife wouldn’t be accepted into Drug Court. Brown said he didn't agree with his lawyer on many things and felt that it was hard for him to make a good decision about his plea. During a hearing about his request to change his plea, his lawyer said he was unsure about how to proceed because he couldn’t recommend that Brown change his plea. The court found that because Brown and his lawyer had a conflict of interest, he did not receive effective help, which is a right every person has. The court decided that Brown should have a new hearing so he could properly address his reasons for wanting to withdraw his plea. The decision was made to let Brown have this chance, and the appeals court ordered that the case be sent back for a new hearing to properly look at his request. One judge disagreed with this decision, saying that Brown's statements about being coerced were not supported by the evidence and that he had made a voluntary plea.