In OCCA case No. M-2016-108, Marty Spence Duncan appealed his conviction for Domestic Abuse - Assault and Battery and Assault. In a published decision, the court decided to reverse Duncan's judgment and sentence and remand for a new trial because the record did not show that he had waived his right to a jury trial. One judge dissented.
In OCCA case No. M-2014-235, Donald Wayne Farino appealed his conviction for Obtaining Cash By False Pretenses and Petit Larceny. In a published decision, the court decided to reverse his convictions and send the case back for a new trial. No one dissented.
In OCCA case No. RE 2013-0511, Carrie Denise Stumpff appealed her conviction for revocation of her suspended sentence. In a published decision, the court decided that the trial court failed to ensure that Stumpff knowingly waived her right to an attorney, which required them to reverse the decision and send the case back to the District Court for further actions. One member of the court dissented.
In OCCA case No. M-2012-416, #1 Richard Allen House II appealed his conviction for #2 Unlawful Possession of Drug Paraphernalia. In an unpublished decision, the court decided #3 to reverse the conviction and send the case back for further proceedings. #4 One judge dissented. Richard Allen House II was found guilty after a trial without a jury. He was charged for having drug paraphernalia, which is against the law. The judge sentenced him to pay a fine of $250 and spend a year in jail, but he only had to serve 60 days in jail because the rest of his sentence was suspended as long as he followed certain rules. At the beginning of the case, Richard asked the court for a lawyer to help him, and the court agreed. However, later, his attorney wanted to stop helping Richard because they thought he could pay for a private lawyer. This happened after Richard posted bail and was said to be employed. But there was confusion because it was not clear whether the money was for this case or another case he had. Richard ended up representing himself, which means he did not have a lawyer to help him during the trial or the sentencing. After his trial, he asked for a lawyer to help with his appeal, but the judge did not appoint one, saying Richard had enough money to pay for a lawyer himself. This decision was questioned because there was no proper record showing that Richard understood he could still get a lawyer even though he had posted bail. Richard argued that it was wrong for his lawyer to leave and for him to have to represent himself without really understanding what that meant. The State, which is the side that brought the case against him, agreed that there was a problem because there was no formal record to show that Richard had given up his right to a lawyer. The court referred to earlier cases that showed it is important for defendants to have lawyers. If they can't pay for one, they must be given a lawyer unless they clearly waive that right. Since the proper steps weren't taken in Richard's case, the court decided his conviction should be reversed. They sent the case back to the lower court so they could decide if Richard still needed a lawyer or if he had given up that right properly. In summary, the decision noted that everyone deserves a fair chance to defend themselves with legal help, and if they can't afford a lawyer, they should still get one if they need it. The court made it clear that without the correct procedures being followed, they could not allow the conviction to stand.
In OCCA case No. M-2011-1083, the appellant appealed his conviction for resisting an officer. In an unpublished decision, the court decided to reverse the trial court's judgment and remand for a new trial. One judge dissented. The case involved Franklin Savoy Combs, who was found guilty of resisting an officer after a jury trial. The trial took place in Hughes County, and the appellant received a sentence of ninety days in jail and a fine of $300. Combs later appealed this decision, challenging the way he represented himself in court. In his appeal, Combs argued that the trial court did not properly inform him of the risks of self-representation. The court looked at the records from the trial to see if Combs had knowingly decided to waive his right to have a lawyer. They found that there was not enough evidence to show that he fully understood what he was doing when he chose to represent himself. The court explained that before someone can represent themselves, it is very important that they know what that means and what they might be giving up. If there are doubts about whether a person really understood their rights, those doubts should be viewed in favor of that person. Since the court determined that Combs did not knowingly and intelligently waive his right to counsel, they decided that his conviction needed to be reversed. The case was sent back for a new trial where he can have proper legal representation.
In OCCA case No. RE 2006-0808, Covey appealed her conviction for revocation of her suspended sentence. In an unpublished decision, the court decided to reverse the revocation order and send the case back for a new hearing with counsel present. One judge dissented. Covey had pled guilty to a crime and was given a suspended sentence, meaning she wouldn't serve time unless she broke the rules again. The State thought she had broken the rules and asked the court to take away her suspended sentence. At the hearing, Covey didn’t have a lawyer because she claimed she couldn’t pay for one. The judge said Covey had enough chances to get a lawyer but decided to go ahead without one. However, the court found that there was no clear proof that Covey was okay with not having a lawyer or that she understood the risks of representing herself. This is important because everyone has the right to have a lawyer help them during important hearings like this one. Because the court didn’t follow the proper rules for allowing Covey to go without a lawyer, they reversed the previous decision and said she should have another hearing with a lawyer or a clear agreement that she didn’t want one.