Post-Conviction Relief

F-2019-496

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In OCCA case No. F-2019-496, Patrick Wayne Olive appealed his conviction for Trafficking in Illegal Drugs, Speeding in a Posted Zone, and Possession of Contraband in a Penal Institution. In a published decision, the court decided to vacate Olive's convictions and remand the case with instructions to dismiss. One judge dissented. Olive was convicted in the District Court of Muskogee County on three charges and sentenced to thirty-two years for drug trafficking, along with fines and jail time for the other charges. Olive argued that the court did not have the right to prosecute him because he is an enrolled member of the Cherokee Nation and the crimes took place within the boundaries of the Muscogee (Creek) Reservation. The OCCA reviewed Olive's claims and found that he indeed had Indian heritage and was a registered member of the Cherokee Nation at the time of the offenses. They confirmed that the crimes occurred within the Creek Reservation. The court's decision relied heavily on a previous Supreme Court case called McGirt v. Oklahoma, which determined that Oklahoma lacks jurisdiction over crimes committed by Native Americans in certain areas recognized as reservations. Because of this ruling, the OCCA concluded that the Muskogee County District Court did not have the authority to prosecute Olive. After considering all the evidence and arguments, the court vacated Olive's judgment and sentence and directed the lower court to dismiss the charges against him. This meant that Olive's criminal convictions were erased, and he would not serve the sentences that had been handed down.

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F-2018-1222

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The document is a summary opinion from the Court of Criminal Appeals of the State of Oklahoma regarding Larry Donelle Brown, Jr.'s appeal following his resentencing for a first-degree murder conviction. Here's a brief breakdown of the key points: 1. **Background**: - Larry Donelle Brown, Jr. was convicted of first-degree murder as a juvenile and initially sentenced to life imprisonment without the possibility of parole. - This sentence was later challenged, and the Oklahoma Court granted post-conviction relief, allowing Brown to be resentenced. 2. **Resentencing**: - Upon resentencing by Judge Sharon K. Holmes, Brown received a life sentence with the possibility of parole, with credit for time served. 3. **Appeal**: - Brown's appeal argues that his life sentence effectively amounts to a life sentence without parole, violating his constitutional rights under the Eighth and Fourteenth Amendments. - He cites the U.S. Supreme Court rulings in *Miller v. Alabama* and *Graham v. Florida*, which assert that juveniles should have a meaningful opportunity for parole based on their maturity and rehabilitation. 4. **Court Findings**: - The court found no constitutional violation in Brown's sentence. - It reiterated previous rulings that a life sentence with the possibility of parole does not violate the standards set by the Supreme Court regarding juvenile offenders. - The court noted that Brown, having served over 21 years, appears eligible for parole consideration and affirmed that he had not been denied fair notice or opportunity in the parole process. 5. **Conclusion**: - The sentence was affirmed, indicating that the court found the sentencing to be constitutional and appropriate given the circumstances surrounding Brown's case. Overall, the Court concluded that Brown's concerns regarding parole and the juvenile sentencing principles established by prior Supreme Court rulings were sufficiently addressed by his current life sentence with the possibility of parole.

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PC-2018-723

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**Summary of Court Decision: Shawn A. Detwiler v. The State of Oklahoma** *Case Overview:* Shawn A. Detwiler sought post-conviction relief related to multiple convictions stemming from offenses committed as a juvenile, including armed robbery and shooting with intent to kill. After initially pleading guilty to several charges and receiving concurrent sentences, he argued that the combination of his consecutive sentences constituted a de facto life without parole sentence, violating his Eighth Amendment rights. *Key Points of Rulings:* 1. **Case Summation:** Detwiler was convicted on several counts involving crimes such as burglary, robbery, and assault. His sentences ranged from 5 years to life imprisonment, some being discharged over time. 2. **Legal Precedents Cited:** Detwiler's argument was heavily reliant on the legal interpretations established in *Graham v. Florida*, *Miller v. Alabama*, and *Montgomery v. Louisiana*, which emphasize that juvenile offenders should not be sentenced to life without parole for non-homicide crimes. 3. **District Court's Findings:** The District Court found that since Detwiler was not sentenced to life without parole or its functional equivalent, the Eighth Amendment protections cited in those cases did not apply. 4. **Aggregate Sentencing Argument:** Detwiler contended that his sentences, when viewed collectively, equated to a de facto life sentence. However, the court maintained that each sentence should be evaluated independently. 5. **Response to Tenth Circuit Precedent:** The Oklahoma Court of Criminal Appeals referred to a prior ruling (Martinez v. State) which rejected the idea of viewing multiple sentences in aggregate for Eighth Amendment analysis. 6. **Conclusion by the Court:** Detwiler's post-conviction relief was ultimately denied. The court established that he has the potential for parole consideration and has not received sentences that deal with him as if he was sentenced to life without parole as per the noted precedents. *Dissenting Opinions:* 1. Judge Lewis dissented, arguing that consecutive sentences for multiple serious offenses committed as a juvenile effectively mean a lifetime sentence without a realistic chance for release, which may constitute cruel and unusual punishment. 2. The dissent emphasized that juveniles should be given a chance to demonstrate maturity and rehabilitation, which the current sentencing practices do not permit. 3. It was asserted that the framework of Graham should extend to prevent the imposition of excessively punitive aggregated sentences for juveniles, thereby relieving them of permanent confinement without the chance for parole. *Final Notes:* The court's ruling underscores ongoing debates about sentencing juveniles, the interpretation of constitutional protections, and the lengths of sentences impacting juvenile offenders. The dissent highlights the critical need for opportunities for rehabilitation and review in cases involving young individuals.

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C-2018-861

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**IN THE COURT OF CRIMINAL APPEALS OF THE STATE OF OKLAHOMA** **BOBBY RAY LEWIS,** **Petitioner,** **V.** **THE STATE OF OKLAHOMA,** **Respondent.** **Case No. C-2018-861** **FILED IN COURT OF CRIMINAL APPEALS STATE OF OKLAHOMA JUN 16 2019** --- **OPINION DENYING CERTIORARI** **JOHN D. HADDEN LUMPKIN, JUDGE:** Petitioner, Bobby Ray Lewis, faced charges in two separate cases in the District Court of Okfuskee County. Case No. CF-2017-17 included charges of *Driving Under the Influence*, *Leaving the Scene of an Accident with Injury*, and *Failure to Report a Personal Injury Accident*. Case No. CF-2018-21 involved charges of *Assault and Battery on a Police Officer* and *Assault and Battery on an Emergency Medical Care Provider*. **I. Procedural Status of Appeal** The Court notes that the Petitioner's Petition For Writ of Certiorari is not properly before it. According to established law, appeals from judgments following a plea must proceed via a writ of certiorari. The relevant statutes and court rules state that a defendant must file an application to withdraw the plea within ten days of the judgment's pronouncement. In this case, the District Court pronounced judgment and sentence on June 27, 2018. The Petitioner failed to file a motion to withdraw his plea within the required ten-day window. As a result, the conviction became final, and the trial court lost jurisdiction over the case. The Petitioner’s motion, filed on July 17, 2018—twenty days post-judgment—was therefore untimely, and the trial court lacked jurisdiction to entertain it. Accordingly, since the Petitioner's petition is not properly before the Court, this appeal is dismissed. **DECISION** The Petitioner's Petition For Writ of Certiorari is dismissed as it is not properly before the Court. Pursuant to Rule 3.15 of the Oklahoma Court of Criminal Appeals, the MANDATE is ORDERED issued upon the delivery and filing of this decision. --- **APPEARANCES AT TRIAL** Curt Allen, Indigent Defense System, Okmulgee, OK Arlan Bullard, Attorney at Law, Pauls Valley, OK **APPEARANCES ON APPEAL** Robert W. Jackson, Indigent Defense System, Norman, OK Emily Mueller, Assistant District Attorney, Okemah, OK --- **OPINION BY:** LUMPKIN, J. **LEWIS, P.J.:** Concur **KUEHN, V.P.J.:** Concur **HUDSON, J.:** Concur **ROWLAND, J.:** Concur --- **[Click Here To Download PDF](https://opinions.wirthlawoffice.com/wp-content/uploads/C-2018-861_1734181193.pdf)**

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PC 2017-755

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In OCCA case No. PC 2017-755, the petitioner appealed his conviction for First Degree Murder. In a published decision, the court decided to vacate the previous sentence and allow for resentencing with a jury. The dissenting opinions argued against the majority decision, indicating that the judge had the discretion to deny jury resentencing based on prior waivers. The case started when the petitioner was just seventeen years old and pleaded guilty to First Degree Murder in 2006. Originally, he was sentenced to life in prison without the chance for parole. After some time, he claimed that this sentence was unfair because he was a minor when he was sentenced. The court agreed and decided to let him be resentenced but had to deal with the issue of whether his resentencing should involve a jury. The petitioner argued that since he was seeking resentencing, he should be allowed a jury trial. However, the state disagreed, pointing out that he had waived his right to a jury trial when he originally pleaded guilty. The judge decided that because of this waiver, he didn’t have to give the petitioner a jury for resentencing. In this case, the court looked at previous decisions that said when a juvenile is sentenced to life without parole, they should have a jury trial unless they give up that right. The majority of the court found that the petitioner did not truly waive his right to a jury for the resentencing, as he was relying on new rules from recent important cases. Ultimately, the court decided that it was wrong for the judge to deny the jury resentencing. They chose to vacate that decision and said the case should go back to the lower court to figure out the right way to do the resentencing, with the ability to include a jury if the petitioner asked. The dissenting opinions argued that the judge had actually acted correctly by denying the request for a jury because the petitioner had already waived that right back when he pleaded guilty. They believed that the rules shouldn’t allow a person to change their mind long after the original decision. The court ordered that the petitioner’s guilty plea and conviction were still valid, but they needed to follow the correct process under the law for the new sentencing.

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PR 2018-1203

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OPINION ORDER GRANTING APPLICATION FOR EXTRAORDINARY RELIEF AND REMANDING MATTER TO DISTRICT COURT On November 29, 2018, Petitioner, by and through counsel Melissa A. French, filed an application for an…

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PC-2017-322

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In OCCA case No. CF-2004-4488, the petitioner appealed his conviction for murder and shooting with intent to kill. In an unpublished decision, the court affirmed the conviction, stating that his consecutive sentences do not violate constitutional protections against cruel punishment. One judge dissented on the reasoning. [occa_caption]

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F-2017-851

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In OCCA case No. F-2017-851, Anthony Harold Warnick appealed his conviction for Possession of Child Pornography, After Former Conviction of Two or More Felonies. In an unpublished decision, the court decided to affirm his conviction but modified the fee for his indigent defense. The dissenting opinion was not specified. Warnick was tried without a jury and found guilty, receiving a 35-year prison sentence. He argued several points in his appeal, claiming errors and issues with how his previous convictions were used to enhance his sentence. He stated that his earlier convictions should not have been considered because they were misdemeanors at the time of the offenses or were too old to count against him. The court reviewed specific claims regarding the earlier convictions and determined there were no plain errors in how they were assessed. They found that Warnick's previous convictions were appropriately used to enhance his sentence, as he did not successfully challenge their validity in previous appeals or post-conviction actions. One error was found concerning the fee for his defense representation, which was set too high at $500 instead of the legal limit of $250. The court corrected this fee to the legal amount and directed the trial court to make this change. Overall, the court concluded that no significant errors impacted Warnick's trial or his sentence, except for the mentioned fee correction. His appeal was mostly denied, reinforcing his conviction but providing a slight adjustment in the costs associated with his defense. The dissenting opinion on this case was not detailed in the decision.

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C-2017-271

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**IN THE COURT OF CRIMINAL APPEALS OF THE STATE OF OKLAHOMA** **JUSTON DEAN COX,** *Petitioner,* **v.** **STATE OF OKLAHOMA,** *Respondent.* **FILED** *DEC 14 2017* **SUMMARY OPINION GRANTING CERTIORARI IN PART AND REMANDING THE CASE TO THE DISTRICT COURT FOR APPOINTMENT OF COUNSEL** **LUMPKIN, PRESIDING JUDGE:** Petitioner Juston Dean Cox was charged in the District Court of McIntosh County on August 23, 2005, with Knowingly Concealing Stolen Property, After Former Conviction of Two or More Felonies (Case No. CF-2005-152A). An Amended Information filed on November 28, 2005, added ten additional counts of Knowingly Concealing Stolen Property. Petitioner was bound over for trial on five counts after the Preliminary Hearing on November 30, 2005, and trial was set for April 17, 2006. Subsequently, charges were filed against Petitioner for Escape from a County Jail and Destruction of a Public Building (Case No. CF-2005-172A) on September 19, 2005, followed by additional charges for Escape from a Penal Institution on January 5, 2006 (Case No. CF-2006-04) and January 26, 2006 (Case No. CF-2006-14). On January 26, 2006, Petitioner entered into negotiated guilty pleas for all four cases, resulting in concurrent sentences of thirty years. On February 6, 2006, Petitioner filed a request to withdraw his plea. A hearing was held on March 23, 2006, where the trial court denied his request. Petitioner filed Applications for Post-Conviction Relief on August 13, 2014, and June 9, 2016, leading to a hearing on December 1, 2016, where the trial court recommended allowing Petitioner an appeal out of time. This Court granted that request on January 6, 2017, and appointed counsel to represent the Petitioner. At the March 9, 2017, hearing to discuss the motion to withdraw, it was established that counsel had not prepared a formal motion for withdrawal. Petitioner was not actively represented during this critical hearing, as his plea counsel took no part in the proceedings despite being present. The court did not adequately address the lack of representation or question Petitioner regarding his rights to counsel. A criminal defendant is entitled to effective assistance of counsel at a motion to withdraw hearing (Carey v. State, 1995 OK CR 55). The court's failure to appoint conflict-free counsel and its allowance for Petitioner to proceed without adequate representation constituted a violation of his constitutional rights. Given that Petitioner raised claims regarding the voluntariness of his plea, the harmless error doctrine does not apply. Accordingly, we find marginal grounds to question the diligence of prior representations and affirm that this situation merits careful reconsideration. **DECISION** Certiorari is granted in part. The order of the district court denying Petitioner's motion to withdraw his guilty plea is *REVERSED* and the case is remanded to the District Court for *APPOINTMENT OF COUNSEL* to evaluate whether to further pursue the withdrawal of the guilty pleas. *MANDATE to be issued upon delivery and filing of this decision.* **APPEARANCES IN DISTRICT COURT** **COUNSEL FOR PETITIONER:** Ariel Parry **COUNSEL FOR THE STATE:** Thomas C. Giulioni, Mike Hunter (Attorney General), O.R. Barris III, Gregory Stidham (Assistant District Attorneys), Jay Schniederjan (Assistant Attorney General) *OPINION BY: LUMPKIN, P.J. LEWIS, V.P.J.: Concur in Results HUDSON, J.: Concur KUEHN, J.: Concur ROWLAND, J.: Concur* [Click Here To Download PDF](https://opinions.wirthlawoffice.com/wp-content/uploads/C-2017-271_1733992184.pdf)

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PC-2015-6

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In OCCA case No. PC-2015-6, Kendall Wayne Edwards appealed his conviction for First Degree Murder. In a published decision, the court decided to affirm the lower court's ruling that granted post-conviction relief, vacating Edwards's murder conviction and ordering a new trial based on claims of ineffective assistance of counsel and newly discovered evidence. One judge dissented. The case stemmed from an incident on March 9, 2001, where Edwards was accused of shooting Gerald Lamont Ford during a fight outside a convenience store. Edwards was convicted at trial and sentenced to life imprisonment, but he sought post-conviction relief in 2012, claiming several errors occurred during his trial, including improper admission of evidence and ineffective legal representation. The court's analysis focused primarily on the newly discovered evidence claim, which was that another witness, Larika A. Alexander, could potentially exonerate him by stating she saw him being beaten and heard the gunshot without witnessing him fire the weapon. The lower court agreed that this evidence was significant enough to undermine confidence in the outcome of the trial and held that Edwards deserved a new trial. While the majority opinion supported this conclusion, a dissenting judge argued that the new evidence did not sufficiently meet the standard required to warrant a new trial since it was cumulative and lacked materiality. The dissent emphasized that the jury had already evaluated the credibility of the witnesses during the original trial. Ultimately, the court's decision to uphold the lower court's granting of a new trial was based on the notion that justice required the possibility of a different outcome with this new testimony. Thus, Edwards was granted the opportunity for a re-examination of the case.

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C-2014-254

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In OCCA case No. C-2014-254, the petitioner appealed his conviction for embezzling over $25,000. In an unpublished decision, the court decided to affirm the trial court's ruling regarding the petitioner's motions, but vacated the restitution order and remanded the case for a new determination of the victim's loss. One judge dissented. The petitioner, who is William Reeves Cathey, was accused of embezzlement by the state. He pleaded guilty to the charge in 2012, and his sentencing was delayed multiple times so he could repay the money he took. When his sentencing finally took place in January 2014, he decided to represent himself after dismissing his lawyer due to their illness. The judge sentenced him to ten years in prison, but allowed him to suspend six years of that sentence and ordered him to pay $96,500 in restitution to the victim. Before he was sentenced, the petitioner made several requests to withdraw his guilty plea and to disqualify the District Attorney's office, claiming it was unfair. The court denied these requests. He also claimed that he did not understand the plea agreement because he thought the maximum fine would be much lower than what it was. He felt that the judge had not properly explained the charges to him when he entered his plea and claimed this made his plea involuntary. During the appeal process, the court looked at the petitioner's points. They decided that his concerns about the restitution order were valid. The court found that the lower court had not made it clear how the restitution amount was determined, and they thought that a new hearing was needed to sort this out. The court also rejected all of the petitioner's other arguments. They believed that he had entered his plea knowingly and that his sentence, while long, was not excessively severe. In conclusion, the court confirmed the denial of his motions to withdraw his plea but returned the issue of the restitution amount back to the trial court for further evaluation.

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F-2009-648

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In OCCA case No. F-2009-648, the appellant appealed her conviction for First Degree Manslaughter. In an unpublished decision, the court decided that the appellant should be given the opportunity to withdraw her guilty plea. One judge dissented.

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PC 2006-0638

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In OCCA case No. PC 2006-0638, the petitioner appealed his conviction for manufacturing a controlled dangerous substance, possession of counterfeit bills, and larceny by fraud. In an unpublished decision, the court decided to reverse the lower court's denial of post-conviction relief and ordered a new trial due to ineffective assistance of counsel. One judge dissented. The petitioner had previously been convicted by a jury and sentenced to prison along with fines. After the conviction, the petitioner argued that his trial and appellate lawyers did not perform effectively. He contended that many mistakes were made during his trial, impacting the fairness of his case. The trial court found that the petitioner's attorney did not challenge the way his statement to the police was obtained, which was a significant part of the evidence used against him. The lawyer also failed to ask for important jury instructions and did not properly raise issues on appeal. The trial court agreed that the lawyer made many mistakes, but initially decided that these mistakes did not change the outcome of the case. However, upon review, the appellate court determined that the mistakes made by the lawyer were so serious that they undermined confidence in the trial's outcome. This meant that the petitioner did not get a fair trial, violating his rights. The decision was reversed, and the case was sent back to the lower court for a new trial. This case highlights the importance of having effective legal representation, as mistakes made by lawyers can lead to wrongful convictions or unfair trials.

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RE-2004-1015

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In OCCA case No. RE-2004-1015, the appellant appealed his conviction for Rape in the First Degree and Lewd Molestation. In an unpublished decision, the court decided to affirm the revocation of the suspended sentence for Lewd Molestation and reverse the revocation of the suspended sentence for Rape in the First Degree. One judge dissented. The appellant had previously entered a plea of no contest in 2001 to charges of Rape in the First Degree and Lewd Molestation. After this, he was given a ten-year sentence for each charge, which was suspended. However, in 2003, the State filed an Application to Revoke the appellant's suspended sentences, claiming he had violated several conditions of his probation, such as not paying fees and not attending counseling. During a hearing, the appellant admitted to violating the terms of his probation. Initially, the court held off on revoking his sentence to give him chances to comply with the rules. However, after several reviews and additional hearings, the court eventually revoked his sentences in 2004. The appellant argued that the court did not have the right to keep reviewing his case or to revoke his sentences because he believed the last filed application to revoke had expired by that time. The court found that it had been monitoring the appellant's progress, showing that it was acting out of leniency. The appellant also stated that he was not properly notified of the issues to be addressed at the last hearing. In the court's decision, it was explained that when someone admits to violating probation rules, it is generally accepted that the court can act on that admission. The court noted that the legal standard for revoking a suspended sentence is not very high and concluded that they did not find any error with the decision during the hearings. However, the appellant sought to vacate his conviction for Rape, claiming he was underage at the time of the offense and thus legally not able to have committed the crime as defined by the law. The court ultimately agreed with the appellant that there was a critical error regarding the age requirement for a Rape conviction. They decided to reverse the revocation of that particular sentence and stated that the Judgment and Sentence for Count I should be vacated and dismissed entirely. So, the final decision was to keep the revocation of the sentence for Lewd Molestation but to remove the conviction for Rape due to the age issue, allowing for a correction of that mistake in legal proceedings.

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F-2003-1278

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In OCCA case No. F-2003-1278, James Lorenzo Devers appealed his conviction for Inducing a Minor to Engage in Prostitution and Indecent Proposal to a Child. In an unpublished decision, the court decided to affirm the convictions with some modifications. One judge dissented. Devers was tried in Tulsa County and found guilty of multiple charges involving sexual misconduct with teenage boys. The jury sentenced him to life imprisonment with fines after considering testimonies from three victims who claimed Devers offered them money to perform sexual acts. Despite some conflicting details regarding the timing of his proposal, the evidence against Devers was strong, including his own confession about some of the offenses. The appeal included several arguments. One claim was about the trial court's decision not to separate the charges for trial. The court maintained that the offenses were connected and reflected a consistent pattern of behavior, justifying their joint consideration. The court found no prejudice in trying the counts together. Devers also argued the jury was given incorrect instructions regarding the punishment for his indecent proposal charge. However, the court noted that the error did not change the outcome since he would have received the same sentence even under the correct guideline. Another point of appeal was regarding whether the jury was informed about parole eligibility. The court ruled the instructions were appropriate since the charges in question did not include those that required serving a certain percentage of the sentence before being eligible for parole. The court acknowledged that there was a mixing of punishment provisions in the instructions but decided any fines would be adjusted because of that error. Ultimately, after reviewing all claims, the court upheld the convictions but modified the fine amount for Devers' offenses. The judgment was affirmed with modifications, while one judge expressed disagreement with some aspects of the decision.

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F-2002-1561

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In OCCA case No. F-2002-1561, Joe Edward Stratmoen appealed his conviction for Unlawful Possession of a Dangerous Drug and Possession of a Weapon While Committing a Felony. In an unpublished decision, the court decided to affirm the life sentence for the drug charge but modified the sentence for the weapons charge to two years. One judge dissented. Stratmoen was found guilty of having methamphetamine and a weapon during a crime. He was originally sentenced to a long prison term. However, he argued that he did not agree to a key part of his sentencing, which led to a re-sentencing trial being ordered. At this new trial, the jury decided he should have a life sentence for the drug charge and a ten-year sentence for the weapon charge. Stratmoen’s appeal brought up several points. He said the court shouldn’t have let a jury re-sentence him just for this non-death penalty case. He also argued that he never truly agreed to his earlier convictions being used against him before. Stratmoen claimed that testimony from police officers during his trial was unfair and that the way the prosecutor spoke about parole led to a wrong verdict. Lastly, he felt that a life sentence for having drugs was too harsh for his situation. After looking at everything, the court thought that Stratmoen's sentence for possessing a weapon should be reduced to two years since it couldn’t be increased further. They agreed that the trial court was right in letting a jury examine whether he had prior convictions but pointed out that they had to correct some details about his life sentence, making sure it indicated he could be eligible for parole. In conclusion, while his life sentence was upheld, it was important to ensure that the legal documents accurately reflected the possibility of parole, providing him with a fair opportunity for the future.

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F 2000-0310

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In OCCA case No. F 2000-0310, Buckley appealed his conviction for Burglary Second Degree. In a published decision, the court decided to affirm the acceleration of his deferred sentence but modified it to run concurrently with another sentence. None dissented.

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