In OCCA case No. C-2012-699, Holstine appealed his conviction for Possession of a Controlled Dangerous Substance. In a published decision, the court decided to grant his request and remanded the case for a proper hearing on his motion to withdraw his plea. One judge dissented.
In OCCA Case No. F-2008-786, James Dion Smith appealed his conviction for Unlawful Possession of a Controlled Drug. In an unpublished decision, the court decided to reverse the order that had accelerated his Judgment and Sentence and ordered the District Court to dismiss the case. One judge dissented. Smith had originally entered a plea of no contest for possession of a controlled substance, and his sentence was delayed for two years. This means he didn't have to go to jail right away as long as he followed the rules during that time. However, later on, the State of Oklahoma asked the court to speed up Smith's sentence because they believed he had broken the rules. When the court had a hearing to look into the State’s request, they decided to impose Smith's sentence. But Smith argued that the court shouldn’t have done this based on something that happened after his period of supervision had ended. After examining the details, the court agreed with Smith. They found that the reason for speeding up his sentence was tied to a new case that occurred after the time Smith was supposed to be on probation. They decided the lower court was wrong to speed up his sentence and told them to cancel the action against Smith. In the dissenting opinion, the judge felt the court overlooked how the situation happened. This judge pointed out that Smith admitted to not following the rules during his probation. When Smith did not show up for a later hearing, the judge believed the court could still take action against him based on his failure to appear, even if new charges could not be considered. In the end, the main ruling was to reverse the earlier decision and to dismiss the case against Smith.
In OCCA case No. C-2009-17, Olindia Toann Vaughn appealed her conviction for Attempted Robbery With a Weapon. In an unpublished decision, the court decided to grant her request to withdraw her guilty plea. One judge dissented. Olindia Toann Vaughn pleaded guilty to attempting to rob someone with a weapon in the District Court of Tulsa County. She had an agreement with the court and was given a 15-year prison sentence that would run at the same time as another sentence she had. Later, Vaughn wanted to take back her guilty plea and asked the court to let her do it, but her request was denied after a hearing. Vaughn then filed a petition for a Writ of Certiorari, which is a request for the court to review her case. She also asked to add more information to her appeal and wanted a hearing to talk about her claims regarding the assistance of her lawyer when she tried to withdraw her plea. The court agreed to look at her additional information and set a hearing to explore specific questions about whether her lawyer gave her inadequate help. During the hearing, it was established that the lawyers who helped Vaughn when she wanted to withdraw her plea did not do a good job. They did not visit her beforehand to discuss her claims, did not investigate her confusion and mental health issues, and did not question her about how her health could affect her plea. As a result of these findings, the trial court decided that Vaughn had not received the proper assistance she needed from her lawyer during the plea withdrawal hearing. After reviewing the information, the court granted Vaughn's petition and allowed her to withdraw her guilty plea. They sent the case back to the District Court of Tulsa County for her to formally withdraw her plea and for further proceedings. The court recognized that it is important for everyone to have help from a competent lawyer, especially when they want to change their plea.
In OCCA case No. RE-2006-180, the appellant appealed his conviction for revocation of his suspended sentence. In a published decision, the court decided in part to grant the appeal, allowing credit for thirty days previously served, but denied the rest of the appeal concerning time served in county jail during the revocation proceedings. One judge dissented. The case involved Raynard Emory Dinkins, who had received a suspended sentence after pleading guilty to Unlawful Possession of Marijuana. Over time, Dinkins faced various legal issues, including an application to revoke his suspended sentence due to numerous probation violations. A judge found that he had violated several rules during his probation, leading to a revocation of his suspended sentence. The court noted that Dinkins had been in jail before his revocation hearing but did not grant him credit for that time, arguing that it was because he had trouble working with his attorneys. Dinkins contested this, claiming he should receive credit for the time he served while awaiting the hearing. The court agreed that he should receive credit for an earlier thirty-day jail term related to his probation. In the end, the court found that while Dinkins was entitled to some credit for time served, it was within the judge's discretion not to grant him credit for the later time spent in jail. Therefore, the appeal was partially granted to correct the credit issue, while other claims were denied.
In OCCA case No. C-2002-946, Christopher Dwayne McGee appealed his conviction for distributing controlled substances and conspiracy to distribute controlled substances. In an unpublished decision, the court decided that McGee should be allowed to withdraw his guilty plea. One judge dissented. McGee was originally charged with several counts related to drug distribution in Stephens County. He pleaded guilty to all the charges and received a 30-year prison sentence with fines. After his plea, McGee argued that he did not receive good legal help and that he did not understand what he was agreeing to when he pleaded guilty. He also claimed that he should not be punished twice for the same crime. The main issue was about an agreement he had with the State regarding his plea. McGee believed that the charges would not be enhanced because the State agreed to drop certain parts of his case. However, he was later sentenced with enhancements due to prior felony convictions, which he felt was unfair. The State admitted that McGee's plea was based on a misunderstanding about the charges and enhancements. They suggested that he should be allowed to withdraw his plea, and the court agreed. As a result, the court decided that McGee could go back to the District Court to change his guilty plea.