F-2004-389
In OCCA case No. F-2004-389, the appellant appealed his conviction for robbery by force. In an unpublished decision, the court decided to reverse the conviction and remand the case for a new trial. One judge dissented. The case involved James Stephen Richardson, who was found guilty of robbery. He was sentenced to 20 years in prison and fined $1500. Richardson argued that his lawyer did not do a good job and that this impacted his defense. He claimed his lawyer failed to challenge a juror, did not question how he was identified by the victims, and did not find evidence that could help prove he was innocent. The court looked into Richardson's claims and decided to hold a special hearing to investigate his last point about ineffective assistance of counsel. During this hearing, it was revealed that there were certain jail policies regarding the clothing of inmates that were not properly investigated by Richardson’s attorney. The evidence showed that the items of clothing could not be released under the jail's rules, which could have helped Richardson’s case. The district court agreed that the lawyer did not conduct a reasonable investigation about this clothing policy. Because of this failure, the judge believed that the defense had a weaker case and that if this information had been presented, the outcome of the trial could have been different. The court decided that Richardson's attorney did not provide adequate legal help, which is why they reversed the original judgment. In summary, Richardson's case was sent back for a new trial because the court found that his lawyer did not do enough to support his defense, particularly regarding important evidence about the clothing policy at the jail.