RE 2006-0808
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 In an unpublished decision, the court decided to reverse the revocation order and send the case back for a new hearing with counsel present.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.