In OCCA case No. RE 2009-0080, Zachary Glenn Hayes appealed his conviction for Rape by Instrumentation. In an unpublished decision, the court decided to affirm the revocation of his suspended sentence but vacated the order requiring him to pay jail costs. One member of the court dissented.
In OCCA case No. C 2004-69, McCarroll appealed his conviction for unlawful distribution of a controlled dangerous substance (CDS) and possession of CDS in the presence of a child. In an unpublished decision, the court decided to grant McCarroll's petition for a writ of certiorari. One judge dissented. The case involved Corey Dion McCarroll, who pleaded guilty to multiple charges, which included selling drugs near a daycare center and having drugs while a child was present. McCarroll was sentenced to a total of 60 years in prison, with some hefty fines. After feeling that he didn't get a fair trial and claiming he was innocent, McCarroll asked the judge to let him change his plea. McCarroll raised several reasons for his appeal. He argued that the charges for selling drugs near a daycare didn't apply because the law was not in effect at the time of his actions. He believed that his guilty pleas were not entered knowingly, and he felt the judge was unfair in giving him consecutive sentences, which made them seem too harsh. McCarroll also claimed that his lawyer didn't represent him properly. The court reviewed all the details of the case and decided favorably for McCarroll. They found that the law didn't fully apply to his situation when he was charged with the first two counts. Therefore, the court changed these charges to a different type of drug offense that was valid at that time. They also modified the sentences, stating that some of them should run at the same time (concurrently) rather than one after the other (consecutively). Overall, while the court granted McCarroll some relief in his appeal by changing the charges and modifying the sentences, they did not agree that his lawyer's help was inadequate enough for his plea to be withdrawn. Thus, the decisions were adjusted to ensure fairness while still holding McCarroll accountable.
In OCCA case No. F 2002-1259, the appellant appealed his conviction for robbery in the first degree, robbery with imitation firearm, and possession of drug paraphernalia. In a published decision, the court decided to affirm the convictions but modified the sentences to run concurrently rather than consecutively. One judge dissented, stating that eleven life sentences shocked the court's conscience but eight did not.
In OCCA case No. C-2003-858, Esther Servin appealed her conviction for Child Neglect. In a published decision, the court decided to grant her petition to withdraw her guilty plea based on the interests of justice. One judge dissented. Servin had pled guilty to two counts of Child Neglect, which means she was charged with not taking care of her child. A judge sentenced her to a long time in prison—37 years for one count and 10 years for the other. This punishment would mean she had to serve those two sentences one after the other, making a total of 47 years. After the sentencing, Servin tried to take back her guilty plea because she thought she didn’t understand what was happening during her trial. Her request was denied at first, but later, the court allowed her to appeal. In her appeal, Servin said two main things: First, she believed she didn’t enter her guilty plea in a way that was fair and understood. Second, she thought her lawyer did not help her well enough. The court looked at all the information, including the questions asked in court and the answers Servin gave. They concluded that it was right to let her withdraw her plea because it would be fair to do so. The dissenting judge disagreed. This judge believed that Servin’s plea was valid and that everything in court was handled well. The dissenting judge thought the sentence, even though it was long, should be kept as is because Servin had made her choices and understood her situation at the time. In summary, the court allowed Servin to withdraw her guilty plea based on fairness, while one judge felt the original plea should stand.