In OCCA case No. RE-2016-135, Michael Brian Harrington appealed his conviction for violating probation. In a published decision, the court decided to deny the State's motion to dismiss the appeal as moot. The State had argued that Harrington's new ten-year sentence for a different crime made his revocation appeal unnecessary. However, the court found that his prior sentences could still affect how long he remains in prison, so the appeal matters.
In OCCA case No. RE-2014-96, Blackwell appealed his conviction for Child Abuse. In a published decision, the court decided to affirm the revocation of Blackwell's suspended sentence but remanded the case to determine whether Blackwell is entitled to credit for time served as a Youthful Offender. One member of the court dissented. Blackwell was charged with First Degree Rape but later pleaded guilty to Child Abuse, and his sentence was delayed for five years on probation. After violating several terms of his probation, the state requested to revoke his suspended sentence. Blackwell claimed that the court did not have the right to revoke his sentence because he argued he was a youthful offender and that his adult conviction was improper. The court explained that the appeal focused on if the revocation was valid rather than the underlying conviction's correctness. Blackwell’s claims related to his conviction need to be addressed through a different legal process, not this appeal. The court also pointed out that issues about the correctness of laws mentioned in the documents were not within their authority to correct in this appeal. Additionally, Blackwell argued that his entire sentence revocation was too harsh. However, the court mentioned that breaking even a single probation rule is enough to revoke the suspended sentence. Finally, Blackwell maintained he should get credit for the days he spent under juvenile custody, and the court agreed to look into this matter further, sending the case back for clarification on this issue. They affirmed the revocation overall but allowed for the investigation into how much credit Blackwell should receive.
In OCCA case No. RE 2013-0850, Chief Allen Weston appealed his conviction for Domestic Assault and Battery by Choking. In an unpublished decision, the court decided to affirm the revocation of his suspended sentence but ordered the district court to modify the sentence to give Weston credit for the ninety days he had already served in jail during his probation period. One judge dissented.
In OCCA case No. RE 2012-0848, Andrell Jackson appealed his conviction for possession of a controlled dangerous substance and related charges. In an unpublished decision, the court decided to affirm the revocation of his suspended sentence for one of the cases but vacated the revocation for the other case and sent it back for further proceedings. One judge dissented.
In OCCA case No. RE 2011-0359, Lorance Ridell Dever appealed his conviction for a violation of probation after pleading guilty to Assault and Battery with a Deadly Weapon. In an unpublished decision, the court decided to reverse and remand the case, meaning they disagreed with the lower court's decision to revoke his suspended sentence. One judge dissented.
In OCCA case No. RE-2009-0510, the appellant appealed his conviction for domestic abuse. In an unpublished decision, the court decided to reverse the revocation of his suspended sentence and ordered a new hearing. One judge dissented. In this case, the appellant, who had been previously convicted of domestic abuse, was sentenced to five years, with certain conditions. His sentence was largely suspended, meaning he wouldn’t have to serve most of it if he followed the rules set by the court. However, he faced trouble when the state accused him of violating those rules. There were two applications made by the state to revoke his suspended sentence. The first happened in 2007, where a judge found he broke the terms of his probation and took away three and a half years of his suspended sentence. He did not appeal this decision. The second application was filed in 2009, which led to a hearing in May of that year. During this hearing, the judge determined that the appellant had again violated the rules, resulting in a decision to revoke his entire suspended sentence. The appellant claimed he did not have a lawyer during the revocation hearing. He argued that he was not given enough time to find one and that this hurt his case. The state responded that the appellant missed the deadline to apply for a court-appointed lawyer and therefore gave up his right to have legal help. They believed he was trying to delay the hearing. The law states that individuals at revocation hearings should have the right to have a lawyer, but the court can proceed if a person knowingly waives that right. In earlier similar cases, if judges found an individual was just trying to delay things, they ruled that the person voluntarily gave up their right to have a lawyer. In this case, the court found that the appellant's delay of only six days did not show he was deliberately trying to postpone the proceedings. They also noted the lack of a proper review regarding whether he was unable to afford a lawyer. As a result, the appeal had merit, and his claim for lack of counsel was upheld. Since the court noted conflicts in the testimony presented during the hearing, they decided to reverse the revocation of the suspended sentence. They ordered that a new hearing take place, ensuring that the appellant has the chance to be represented by a lawyer or that his waiver of that right is properly recorded. In summary, the court ruled that the process leading to the revocation had issues that warranted a new hearing, ensuring fairness and proper legal representation for the appellant.
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. RE-2005-863, the appellant appealed his conviction for several counts of burglary and for knowingly concealing stolen property. In a published decision, the court decided to modify the order of the District Court regarding the appellant's sentences, making them run concurrently as originally ordered instead of consecutively. One judge dissented.