Motion to Withdraw Plea Archives - Page 2 of 2

C-2010-210

Post author:Staff
Post published:November 23, 2010
Post category:C

In OCCA case No. C-2010-210, Eric Anthony Damon appealed his conviction for Lewd or Indecent Proposals or Acts to a Child Under Sixteen. In an unpublished decision, the court decided to grant his petition and remand the case for a new hearing, allowing Damon to appoint new counsel. One member of the court dissented. Eric Anthony Damon faced serious charges, and he decided to enter a guilty plea without fully understanding all the details. After entering the plea, he felt that his defense lawyer did not help him properly, especially during the trial. He thought this was unfair and wrote to ask the court if he could change his plea. The court discussed whether Damon should get a new lawyer to help him withdraw his guilty plea. When someone says their lawyer didn’t help them well, the law usually says they should have a different lawyer to make sure everything is alright. The court realized that it can be really tricky when the same lawyer is trying to help with the plea withdrawal while being accused of not doing a good job. Damon had reasons to believe his plea wasn’t fair. During the trial, he had trouble with getting some witnesses to show up. He felt forced to plead guilty since his lawyer could not call certain key witnesses who might have helped him. The court didn’t want to decide if his plea was valid right away. Instead, they thought it would be best to let Damon have a new lawyer represent him in this important matter. In summary, the court agreed with Damon and said he should have a chance to explain his situation better with new legal support. They ordered this to be done and made sure Damon had the right to defend himself with a lawyer who could deal with his concerns about his earlier representation.

C-2009-1192

Post author:Staff
Post published:November 19, 2010
Post category:C

In OCCA case No. C-2009-1192, Valentine Palos-Tellos appealed his conviction for Assault and Battery with Intent to Kill and Attempted Kidnapping. In a published decision, the court decided to grant his petition for a writ of certiorari and remanded the case for a new hearing on his motion to withdraw his plea. One judge dissented.

C-2009-900

Post author:Staff
Post published:June 9, 2010
Post category:C

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 In an unpublished decision, the court decided to grant his request for a new hearing on his motion to withdraw his guilty plea.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.

C 2008-1183

Post author:Staff
Post published:February 4, 2010
Post category:C

In OCCA case No. C 2008-1183, Kory Williams appealed his conviction for multiple crimes, including shooting with intent to kill and possession of a firearm. In a published decision, the court decided that his plea was not made knowingly and voluntarily, leading to the granting of his petition for certiorari. The judgment and sentence were vacated and the case was sent back for further proceedings. One member dissented.

C-2009-89

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

In OCCA case No. C-2009-89, the appellant appealed his conviction for burglary in the first degree and aggravated assault and battery. In a published decision, the court decided to grant Murray a hearing on his motion to withdraw his guilty pleas. One member dissented. William Jackson Murray pled nolo contendere to two serious crimes: burglary in the first degree and aggravated assault and battery. After pleading, he was sentenced to a total of thirty-five years in prison. Murray wanted to take back his pleas, so he filed a request to withdraw them. However, the judge denied his request without holding a hearing first. Murray argued that the trial court made a mistake by not giving him a hearing on his motion. He was right. The court looked at the case and saw that there should have been a hearing to discuss his request. Even though a date for a hearing was set, the judge made a decision before they could actually have the hearing. The court noted that it is important for a person to have a chance to speak about their request to withdraw a plea because it is a significant part of the trial process. Since he did not get this chance, the court decided that Murray deserved a hearing about his motion before any further decisions were made. The decision of the court was to allow Murray to have a hearing on his motion to withdraw his pleas. They sent the case back to the lower court so that the hearing could take place.

C-2009-317

Post author:Staff
Post published:January 1, 2010
Post category:C

In OCCA case No. C-2009-317, Lee Otis Robinson, Jr. appealed his conviction for entering a no contest plea. In a published decision, the court decided to grant Robinson a new hearing to withdraw his plea. One judge dissented. Robinson had entered his no contest plea in the Oklahoma County District Court but later wanted to change that decision. He argued that he didn't fully understand what he was doing when he entered the plea and that he had been confused and misled. Additionally, Robinson claimed that he didn't get good help from his lawyer. His lawyer was supposed to represent him during the plea hearing and also during the hearing where Robinson asked to change his plea. However, during the second hearing, the lawyer ended up saying things that were against Robinson’s interests. This created a problem because it meant that Robinson wasn't getting fair help from his lawyer, and he was disadvantaged in his efforts to withdraw his plea. The court found that it was important for Robinson to have a different, unbiased lawyer for a fair hearing. They decided he should be allowed to have a new hearing with a lawyer who had no conflict of interest. The ruling meant that Robinson's case would be sent back to the district court so that the new hearing could take place.

C-2008-938

Post author:Staff
Post published:September 30, 2009
Post category:C

In OCCA case No. C-2008-938, William Eugene Henderson appealed his conviction for multiple crimes including robbery, shooting with intent to kill, kidnapping, larceny of an automobile, third-degree arson, and assault and battery with a dangerous weapon. In a published decision, the court decided that Henderson's pleas of guilty were knowing and voluntary, affirming the sentences for most of the counts. However, the court found that the kidnapping charge was not separate from the robbery and reversed that conviction, ordering it to be dismissed. One judge dissented on the issue of the kidnapping conviction.

C-2009-48

Post author:Staff
Post published:August 31, 2009
Post category:C

In OCCA case No. C-2009-48, Malissa Latoya Hamill appealed her conviction for First Degree Rape. In a published decision, the court decided to grant her request and remand the case for a new hearing on her motion to withdraw her plea of no contest. One member of the court dissented. Malissa Hamill had entered her plea in the District Court of Bryan County and was given a ten-year suspended sentence along with a fine. Later, she wrote a letter to the court asking to withdraw her plea, claiming it was not made knowingly and voluntarily. The court held a hearing on her motion, during which she represented herself without a lawyer. The judge believed she had waived her right to have a lawyer assist her, but the court found that this waiver wasn't clear. During the appeal, the issues were whether Hamill knowingly gave up her right to have a lawyer present and whether her plea was truly made in an informed way. The court noted that a defendant has the right to attorney assistance when trying to withdraw a plea. If this right is denied, it can be considered an error unless it's clear that the defendant wouldn't have been able to withdraw their plea anyway. Hamill's claims of innocence and concerns about the validity of her plea could not be disregarded based on the existing records, which were incomplete. Because there was no proper record of what was discussed during her initial plea, the court decided that it couldn’t confirm whether Hamill had fully understood the punishment when she made her plea. This lack of clarity led the court to conclude that Hamill should have a new hearing where she could have legal help. Therefore, the court granted her request, stating that the lower court must hold a new hearing on her motion to withdraw her plea, this time making sure she has the assistance of a lawyer.

C-2007-1009

Post author:Staff
Post published:February 24, 2009
Post category:C

In OCCA case No. C-2007-1009, Richardson appealed his conviction for Assault and Battery and Malicious Injury to Property. In an unpublished decision, the court decided that Richardson was entitled to a hearing on his Motion to Withdraw Plea of Guilty. One judge dissented.

C-2007-821

Post author:Staff
Post published:December 16, 2008
Post category:C

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.

C-2006-863

Post author:Staff
Post published:May 17, 2007
Post category:C

In OCCA case No. C-2006-863, the petitioner appealed his conviction for First Degree Manslaughter. In an unpublished decision, the court decided to deny the petitioner's request for further review. One member of the court dissented. To explain further, the case began when the petitioner, Wilkerson, entered a blind plea, meaning he agreed to plead guilty without any deal from the prosecutor, to a serious charge of First Degree Manslaughter. This happened in the Tulsa County District Court. In June 2006, the court accepted his plea and decided that he would spend life in prison, but he would only have to serve 20 years of that sentence right away. The court also ordered him to pay $10,000 as restitution. A little later, in July 2006, Wilkerson wanted to take back his plea and filed a motion to withdraw it, but the court said no after a hearing in August. Following this, Wilkerson decided to appeal and asked for a special review from the OCCA. During the appeal, Wilkerson pointed out three main areas he felt were wrong: 1. He believed his sentence was affected by bias and improper evidence presented in court, leading to a sentence that was too harsh. 2. He argued that he should not have to pay the $10,000 fine since it was not mentioned correctly in the sentence. 3. He wanted the official records to show the date his sentence was first pronounced, which was June 23, 2006. After looking at all the records, it was determined that Wilkerson's plea was made willingly and his sentence was not excessive. The court agreed that the $10,000 fine was wrongly imposed and should be removed, but they also acknowledged that the trial court had done the right thing by dismissing the restitution order since no evidence supported it. The decision concluded with the court denying Wilkerson’s request for a special review but correcting the record to eliminate the fine and officially reflecting the correct date of sentencing.

C-2006-1192

Post author:Staff
Post published:May 8, 2007
Post category:C

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.

C-2005-207

Post author:Staff
Post published:January 19, 2006
Post category:C

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.

C-2004-850

Post author:Staff
Post published:November 30, 2005
Post category:C

In OCCA case No. C-2004-850, the petitioner appealed her conviction for five crimes. In a published decision, the court decided to deny the appeal for most of the convictions, but they did reverse and dismiss one misdemeanor count. One judge dissented.

C-2004-957

Post author:Staff
Post published:June 13, 2005
Post category:C

In OCCA case No. C-2004-957, Jeremy Clarence Rankin appealed his conviction for various charges. In a published decision, the court decided to grant his petition for Certiorari and remanded the case to the District Court for a new hearing on Rankin's motion to withdraw his guilty pleas. One judge dissented, stating that he did not believe there was evidence of ineffective assistance of counsel and that the original plea was made knowingly and voluntarily.

C 2002-1543

Post author:Staff
Post published:October 19, 2004
Post category:C

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.

C 2002-1379

Post author:Staff
Post published:May 23, 2003
Post category:C

In OCCA case No. C 2002-1379, the petitioner appealed his conviction for kidnapping. In a published decision, the court decided to grant the appeal and remand the case for a proper hearing on the petitioner's application to withdraw his plea. One judge dissented. The case started when the petitioner entered a guilty plea to the crime of kidnapping. He was sentenced to seventeen years in prison as part of a plea agreement. However, shortly after, the petitioner wanted to withdraw his guilty plea. He filed a motion for this, but during the hearing, he was not present, even though he had the right to be there. His lawyer asked the court to move forward without him, believing it was best since the petitioner was already in custody. The court looked at whether the absence of the petitioner from this critical hearing was a serious mistake. The petitioner did not agree to waive his right to be present, which the court pointed out as important. The judges discussed that being absent from such a crucial part of the trial could lead to unfair treatment. While the State argued that the absence was not a big deal and didn't affect the outcome, the court disagreed. They emphasized that this hearing was meant to gather facts and needed the petitioner's presence. The court found that merely saying the absence was harmless was not enough in this case. The lawyer who represented the petitioner at the hearing did not provide evidence or firsthand statements from the petitioner, only mentioning a letter the petitioner had written earlier. The court raised concerns that the lawyer might not have properly consulted with the petitioner about not attending the hearing. Since the petitioner claimed he entered the plea without properly thinking it over and believed he had a valid defense, the case could not fall under rules that would let the court dismiss his request without consideration. The judges decided that the petitioner's right to a fair hearing had been violated because he was not there to fully participate and because his lawyer did not act effectively for him in this situation. Therefore, the court ruled that the case should go back to the district court to ensure the petitioner can have a complete hearing on his wish to withdraw his guilty plea.

C-2002-633

Post author:Staff
Post published:February 26, 2003
Post category:C

In OCCA case No. C-2002-633, Russell Snoe appealed his conviction for lewd and indecent proposal to a child and contributing to the delinquency of a minor. In an unpublished decision, the court decided to grant Snoe's petition for a writ of certiorari and reverse the judgment and sentence of the trial court. One judge dissented. Snoe had entered a guilty plea in the District Court of Muskogee County, where he was sentenced to five years for one charge and one year for the other, with the sentences to be served at the same time if he completed a certain program. Later, Snoe wanted to take back his guilty plea and sent a letter to the court. The court held a hearing but did not allow him to withdraw his plea. Snoe argued that he did not have a fair chance because his lawyer did not help him correctly and that he was not given the right information about what the punishment could be. The court reviewed Snoe's case and agreed that he had not been clearly informed about his potential punishment. This mistake made his plea not valid. Since he had taken the plea thinking he faced a worse punishment than he actually could have, the court decided he needed another chance. As a result, the court reversed his earlier decision and allowed him to withdraw his plea.

C-2001-514

Post author:Staff
Post published:November 4, 2002
Post category:C

In OCCA case No. C-2001-514, the petitioner appealed her conviction for First Degree Murder (by permitting child abuse). In an unpublished decision, the court decided to affirm the conviction but modify the sentence from life imprisonment without the possibility of parole to a life sentence with the possibility of parole. One judge dissented.

C-2002-652

Post author:Staff
Post published:September 27, 2002
Post category:C

In OCCA case No. C-2002-652, the petitioner appealed his conviction for multiple offenses, including Second Degree Burglary, First Degree Burglary, Kidnapping, Larceny of an Automobile, and Robbery with a Weapon. In an unpublished decision, the court decided to grant the petitioner's appeal in part by modifying some of his sentences. However, the court affirmed the convictions and sentences for the other offenses. One judge dissented from the decision.

C-2001-225

Post author:Staff
Post published:September 6, 2001
Post category:C

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.

RE-2000-252

Post author:Staff
Post published:March 21, 2001
Post category:RE

In OCCA case No. RE-2000-252, Kenneth Bristol appealed his conviction for Grand Larceny. In a published decision, the court decided to reverse and remand the case for further proceedings. No one dissented. Kenneth Bristol was sentenced to serve five years, with a part of the sentence suspended while he followed rules of probation. He had a tough time fulfilling the probation conditions. The state claimed he did not show up for appointments and failed to pay restitution. This led to an application to revoke his suspended sentence. When Bristol was arrested, the court held several hearings but did not finalize his case right away. There were discussions about his appeal, but it wasn’t clear whether it was processed correctly. The court noted that Bristol was not given a fair chance to appeal the earlier decision to reject his motion to withdraw his guilty plea. The higher court found that there was not enough evidence to show his suspended sentence was revoked properly. They reversed the lower court's decision and told them to look into the case again, allowing Bristol another chance to appeal his previous decision.