Informed Consent Archives

S-2012-554

Post author:Staff
Post published:June 12, 2013
Post category:S

In OCCA case No. S-2012-553, Frank Lee Armstrong appealed his conviction for unlawful drug charges. In a published decision, the court decided to affirm the district court's ruling that suppressed the evidence obtained during the search of a vehicle occupied by Armstrong and Sheila Carol Johnson. Johnson also appealed her conviction in a related case, S-2012-554. The court found that the law enforcement officers did not execute the search warrant in a timely manner as required, which led to the suppression of the evidence. The judge's determination was based on the conclusion that the search was not conducted immediately as directed by the issuing judge, and therefore, the court upheld the lower court's decision, sustaining the motions to suppress. No dissenting opinion was filed.

C-2005-493

Post author:Staff
Post published:March 30, 2006
Post category:C

In OCCA case No. C-2005-493, Billy D. Stout appealed his conviction for violating the Sex Offenders Registration Act. In an unpublished decision, the court decided to grant Stout the right to withdraw his guilty plea. One judge dissented. Stout had pleaded guilty to not registering as a sex offender. He was sentenced to five years in prison and fined $5000. However, Stout later argued that he did not fully understand what he was pleading guilty to, especially because he could not read or write. After leaving jail, he was not properly informed that he needed to register whenever he moved to a new place. Stout said that when he was released from jail, he received paperwork that he could not read, and no one explained to him that he had to register. Although Stout eventually registered once he understood the requirement, he faced charges for not having registered earlier. The court found that Stout's plea was not made willingly and that there was no clear reason to support the plea in the first place. Stout's lawyer did not present any strong arguments during the plea withdrawal hearing, and it seemed they did not understand the law themselves. The court noted that the lack of help Stout received from his lawyer contributed to his confusion and affected his ability to make a fully informed decision about his plea. Overall, the judges concluded that Stout's case should be revisited, and he should be allowed to withdraw his guilty plea and possibly go to trial. The law encourages trying cases in court rather than accepting a guilty plea without a fair understanding.

C-2001-665

Post author:Staff
Post published:March 20, 2002
Post category:C

In OCCA case No. C-2001-665, the petitioner appealed his conviction for indecent exposure. In a published decision, the court decided to grant the petitioner the ability to withdraw his guilty plea and vacate his conviction. One judge dissented. The petitioner, who had been originally charged with three counts of sexual abuse of a minor child, reached a plea agreement where the charges were reduced. He pled guilty to the lesser offense of indecent exposure and received a 20-year prison sentence, which was the minimum possible. Later, he wanted to withdraw his guilty plea, claiming that he had been misled about the prison time he would actually serve. He argued that he was incorrectly informed he would have to serve 85% of his sentence if he went to trial, which was not true for his case. The court found that the misinformation affected his decision to plead guilty even though he had also given contradictory statements during the hearings. The court ultimately ruled that because he was misinformed, his guilty plea was not entered knowingly and voluntarily. As a result, his conviction was vacated, and he was allowed to withdraw his plea.

F-2001-49

Post author:Staff
Post published:January 7, 2002
Post category:F

In OCCA case No. F-2001-49, John Henry Throckmorton appealed his conviction for manufacturing and unlawful possession of methamphetamine. In a published decision, the court decided to affirm the conviction for manufacturing methamphetamine but reversed the conviction for unlawful possession. One judge dissented. Throckmorton was found guilty by a jury for two counts related to methamphetamine. He was sentenced to 20 years for manufacturing and 10 years for possession. However, Throckmorton argued that being convicted of both offenses was unfair because the laws say a person cannot be punished twice for the same action. The court agreed with him about the possession charge, stating that since the evidence for both charges was the same, it was wrong to convict him for both. As a result, they dismissed the possession conviction while keeping the manufacturing conviction.