Right to Hearing Archives

C-2005-120

Post author:Staff
Post published:September 19, 2005
Post category:C

In OCCA case No. C-2005-120, Charles Hackney McBride appealed his conviction for Manufacturing a Controlled Dangerous Substance and Unlawful Possession of Marijuana. In a published decision, the court decided to grant McBride's request and remand the case for a hearing on his motion to withdraw his guilty plea. One judge dissented. McBride had entered a guilty plea to the charges in January 2004 and was placed in a rehabilitation program. After completing the program, he was sentenced in January 2005 to life imprisonment for manufacturing the controlled substance and one year in the county jail for marijuana possession. Eight days after his sentencing, McBride sought to withdraw his guilty plea, claiming his sentence was too harsh and he had not waived his right to a hearing. However, the district court denied his motion without holding a hearing, which was mandatory according to court rules. The appeals court acknowledged that McBride was entitled to this hearing to ensure proper procedures were followed. Therefore, the court decided to require the district court to hold an evidentiary hearing on McBride's application to withdraw his plea, allowing him another chance to defend his claims.

RE 2000-0434

Post author:Staff
Post published:March 9, 2001
Post category:RE

In OCCA case No. RE 2000-0434, Jeremy Keith Wright appealed his conviction for participating in a riot and conspiring to commit a felony. In an unpublished decision, the court decided to reverse the revocation of his suspended sentences. One judge dissented. Here's what happened: Jeremy Keith Wright had been found guilty of participating in a riot and conspiracy. He was given a chance to stay out of jail by having his sentences suspended for three years, along with some rules to follow. He also had to pay a fine and fees. Later, the State of Oklahoma wanted to take away his suspended sentences because they believed he violated the rules. On March 6, 2000, they filed a request, but Jeremy wasn’t given a hearing on this until March 28, which was more than the twenty days they were allowed according to the law. Jeremy argued that the court should not have held the revocation hearing after the twenty days were up without his permission. The judges looked carefully at this issue. They concluded that since the hearing was late and there was no proof that Jeremy agreed to wait longer, they could not uphold the revocation. Therefore, the court reversed the decision made by the trial court and sent the case back for more action according to their ruling.