In OCCA case No. N 2019-125, Blessing appealed his conviction for child abuse. In a published decision, the court upheld the denial of his motion to withdraw his no contest plea, stating the plea was entered properly and there was no ineffective assistance of counsel. One judge dissented. [occa_caption]
In OCCA case No. C-2017-33, a person appealed his conviction for manslaughter. In a published decision, the court decided to modify his sentence to run concurrently with another sentence. One judge dissented. In this case, the person, who we'll refer to as the appellant, had entered a guilty plea to first degree manslaughter. He ended up being sentenced to twenty-three years in prison. After some time, the appellant decided he wanted to take back his guilty plea. He claimed he didn't fully understand the consequences of his plea when he entered it, and he felt he was pressured into making that choice. The court held three hearings to talk about the appellant’s request to withdraw his guilty plea. Ultimately, the judge denied his request, finding that his plea was made voluntarily and knowingly. The appellant raised two main arguments in his appeal. First, he argued that his plea was not given voluntarily or knowingly. Second, he said he did not get proper legal help from his attorney, which affected his case. The court looked closely at the entire record, including the hearings and the agreements made during the plea process. They found that even though the appellant felt he was pressured, he actually understood what he was doing when he entered his plea. They decided that the plea was valid and should not be withdrawn. However, the court also recognized that the state did not follow the agreement regarding a related case. The state had promised not to seek a revocation of the appellant's other suspended sentence, but after the appellant filed to withdraw his plea, the state moved to revoke that sentence anyway. The court determined that this was a significant breach of the plea agreement, which affected the fairness of the situation. Since the appellant was also facing the loss of additional years in prison because of the state's actions, the court decided to modify his sentence. Instead of having the two sentences run one after the other, the court ordered them to run at the same time. This way, the appellant would not be unfairly punished because of the state’s breach of their agreement. In conclusion, the court agreed the appellant’s plea was valid and was made knowingly and voluntarily. However, to correct the mistake made by the state regarding the plea agreement, they modified his sentence to ensure fairness. One judge disagreed with some parts of the decision.
In OCCA case No. C 2015-473, Johnny Allen Ross appealed his conviction for Possession of Controlled Dangerous Substance (Methamphetamine) and Possession of a Controlled and Dangerous Substance (Marijuana). In an unpublished decision, the court decided to grant the appeal because Ross was denied effective assistance of counsel during the hearing on his motion to withdraw his guilty plea. One judge dissented.
In OCCA case No. C-2012-1154, Charles D. North appealed his conviction for First Degree Manslaughter, among other charges. In a published decision, the court decided to grant North's request to withdraw his guilty pleas due to the fact that he was denied his right to have a lawyer present during the hearing on this motion. North also challenged the legality of his sentences for two other counts. The court agreed that those sentences exceeded what was allowed by law. Therefore, they vacated the illegal sentences and sent the case back to the lower court for North to have new counsel and a new hearing on his motion to withdraw his pleas. No one dissented.
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.
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.
In OCCA case No. C-2010-1033, Shawn Leroy Harger appealed his conviction for Child Abuse. In a published decision, the court decided to grant Harger's petition for a writ of certiorari. The judgment and sentence of the district court were reversed, and the matter was remanded for a new hearing on Harger's application to withdraw his plea with separate, conflict-free counsel. One judge dissented.
In OCCA case No. C-2009-900, Hooks appealed his conviction for First Degree Rape. In an unpublished decision, the court decided to grant his request for a new hearing on his motion to withdraw his guilty plea. One member of the court dissented. Leon Lee Hooks was sentenced to thirty years in prison, but he could have ten years suspended. He decided to plead guilty, but later felt that he did not have the help he needed from his lawyer during the plea process. He filed a motion to change his plea and wanted to show that he was not given a fair defense. The main question was whether Hooks received good help from his attorney when asking to withdraw his guilty plea. The court found that there was a conflict because Hooks' complaints were about the quality of help from his lawyer. The lawyer could not fully defend Hooks and also prove that he did a bad job at the same time. Because of this, the court believed Hooks had a right to a new hearing where he could have a different lawyer who could help him without any conflicts. This was important to ensure he received a fair chance to prove his side of the story. In conclusion, the court decided to allow Hooks to have another chance to explain why he wanted to withdraw his guilty plea with the assistance of a lawyer who did not have a conflict of interest.
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 that Overby did not receive effective, conflict-free assistance of counsel during his hearing on the motion to withdraw his plea. The court concluded that this error required a new hearing for Overby to address his motion to withdraw his plea. One judge dissented.
In OCCA case No. C-2007-821, Marcus D. Carter appealed his conviction for Failure to Comply with Sex Offender Registration Act. In an unpublished decision, the court decided to remand the case for a new hearing on Carter's motion to withdraw his plea. One justice dissented. Carter entered a plea of no contest to the charges against him and was sentenced to five years in prison, which would run at the same time as another sentence he had. After his plea, he wanted to withdraw it and filed a motion for that. However, the court did not hold the required hearing to address his motion within the thirty days that should have been allotted. Carter claimed this was unfair and that he did not get the help he needed from his attorney. The court looked at two important questions: whether Carter's plea was made knowingly and willingly and if the court had the authority to accept it. His argument that the court did not hold the hearing on time was not considered valid for this appeal. However, the court did find that Carter had a right to effective legal representation, which he claimed he did not receive. He stated that his attorney pressured him into taking the plea and led him to misunderstand his potential punishments, making his plea involuntary. The judge noticed that during the hearing, Carter's attorney did not actively support him, as she seemed to be in a difficult situation where she could not defend him without also admitting her own shortcomings. Since there was a conflict of interest, it was decided that Carter should have a new hearing with a different attorney who would not have conflicting interests. The court agreed to grant Carter's request and sent the case back to the lower court for a proper hearing on his motion to withdraw his plea, ensuring he would have the assistance of a conflict-free attorney.
In OCCA case No. C-2006-1192, Chad Fourkiller appealed his conviction for attempting to elude a police officer, possession of a sawed-off shotgun, and feloniously possessing a firearm. In an unpublished decision, the court decided to grant his petition for writ of certiorari and remand the case for a new hearing on the application to withdraw his guilty plea. One member of the court dissented. Fourkiller had pleaded guilty to three charges, which included trying to escape from a police officer and having illegal weapons. He was sentenced to a total of time in prison, depending on whether he completed a program called Drug Court. After his participation in Drug Court ended, he was formally sentenced. Later, Fourkiller wanted to change his guilty plea and claimed his lawyer did not explain things properly to him. The court did not allow him to withdraw his plea at first. However, during a follow-up hearing, Fourkiller’s lawyer ended up testifying against him. This created a problem since a lawyer should not represent a client and then testify against them in the same case. The court found that Fourkiller did not receive proper legal help, and because of this, they agreed to his request for a new hearing to discuss his motion to withdraw his guilty plea. The other arguments Fourkiller made in his appeal about double jeopardy and errors in his sentencing were found to not need a decision since the first issue was enough to allow for a new hearing.
In OCCA case No. C-2005-1208, Eric Evan Smith appealed his conviction for 30 counts of Possession of Obscene Material Involving the Participation of a Minor Under the Age of Eighteen. In a published decision, the court decided to grant his request to withdraw his plea and ordered a new hearing on the application to withdraw the plea. One judge dissented. Smith had pleaded guilty in a district court, where he was sentenced to twenty years in prison for each count, with the sentences to be served at the same time, but only serving the first fifteen years of each count. After some time, Smith wanted to change his plea and said it wasn't voluntary because he felt pressured by his attorney. His case was reviewed, and it was determined that there was a conflict between him and his lawyer. Smith argued that his lawyer made him plead guilty by suggesting he would get a lighter sentence if he did so. In the hearing, Smith asserted that his attorney had coerced him into the plea, while his attorney denied it. Because of the angry and conflicting testimonies, the judges believed there was a problem that affected Smith's rights to a fair trial and effective help from a lawyer. The court found that Smith's lawyer could not properly help him because of this conflict. This led them to decide that Smith deserved another chance to explain his case and why he wanted a different plea. The decision meant that Smith had the right to go back to court, where he could present his reasons for wanting to change his plea and have a new decision made on whether his original plea was fair and appropriate. The dissenting judge felt that the court should not have granted this new hearing, believing that Smith's plea was done properly and his lawyer's conflict did not significantly affect the case, arguing that there was no abuse of power in the original decision of the court.
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.
In OCCA case No. C-2005-207, William Allen Pelican, Jr. appealed his conviction for multiple counts of rape. In a published decision, the court decided to grant his petition for certiorari and remand the case for a new hearing. One judge dissented. Pelican was sentenced after entering a plea deal where he accepted nolo contendere pleas to three counts of serious crimes. These included rape by instrumentation and first-degree rape. He was given a total sentence of 22.5 years, with part of it suspended, and was also fined. Later, Pelican sought to withdraw his pleas, but the trial judge forced his lawyer to talk about the case despite the attorney having a conflict of interest. The lawyer felt he could not fully support Pelican because he also represented someone else. Because the trial judge didn’t let the lawyer withdraw before discussing the case, Pelican was not effectively helped by his attorney. This was seen as unfair to Pelican since he deserved a lawyer who could fully support his case without conflicts. The court recognized this problem, stating that everyone has the right to have a lawyer who can represent them fully and without conflicts. Because of these issues, the court decided to give Pelican another chance to have a hearing with new legal help so he could properly address his request to withdraw his pleas. The decision was made to correct the case records and ensure that Pelican would be fairly represented in the future.
In OCCA case No. C 2002-1543, Jeffrey Ellis Barnett appealed his conviction for second-degree rape. In an unpublished decision, the court decided to grant his petition for a writ of certiorari. One judge dissented. Barnett had pleaded guilty to second-degree rape in McClain County. He was then sentenced to ten years in prison, with five years of that sentence suspended according to a plea agreement. Later, Barnett wanted to withdraw his guilty plea and filed his own petition to get a new trial. The court looked at this as a motion to withdraw the guilty plea but denied his request. Barnett believed he was not helped properly by his lawyer when he tried to withdraw his guilty plea, which he said was against his right to have legal help. After reviewing the case and comparing it to a similar case from 1995, the court accepted his argument and agreed that he needed better legal representation to help him with withdrawing his plea. As a result, the court decided to send the case back to the trial court. They ordered that Barnett would have a hearing with a different lawyer to help him with his motion to withdraw the guilty plea.
In OCCA case No. C-2001-225, the petitioner appealed his conviction for a crime. In a published decision, the court decided to remand the case for a new hearing on the petitioner's motion to withdraw his guilty plea. This means that the court found that the petitioner should have another chance to argue that his previous attorney did not help him as well as he should have. One judge dissented, meaning that they disagreed with the majority decision of the court.