In OCCA case No. N 2019-125, Blessing appealed his conviction for child abuse. In a published decision, the court upheld the denial of his motion to withdraw his no contest plea, stating the plea was entered properly and there was no ineffective assistance of counsel. One judge dissented. [occa_caption]
In OCCA case No. MAC-2017-458, Harris appealed her conviction for possession of methamphetamine and possession of drug paraphernalia. In an unpublished decision, the court decided to remand for further proceedings, agreeing that Harris was denied her right to a proper evidentiary hearing to withdraw her guilty plea. One judge dissented, expressing concerns about the approach taken by the majority in requiring a hearing despite the lack of detailed reasoning in the motions to withdraw.
In OCCA case No. C-2016-38, Charlie Franklin Roberts appealed his conviction for violation of a protective order, kidnapping, and domestic assault and battery with a dangerous weapon. In a published decision, the court decided to grant the petition and remand for a new hearing on the motion to withdraw plea. One judge dissented. Roberts had entered a no contest plea to the charges and was sentenced to one year in county jail for the misdemeanor and thirty years for each felony, with the felony sentences running at the same time but after the jail sentence. He later wanted to withdraw his plea, claiming he did not have the right help from his attorney during this process. The court looked into his claims and found that Roberts had not been given fair legal help when trying to withdraw his plea. Specifically, his attorney had conflicts of interest that affected his ability to represent Roberts properly. Because of these issues, the court allowed Roberts to have a new and better attorney who could help him file the motion. The court also ordered a hearing to figure out what Roberts would like to do about his plea within specific timelines.
In OCCA case No. C-2010-1139, a petitioner appealed his conviction for False Personation of Another to Create Liability. In a published decision, the court decided to grant the appeal. The court concluded that the trial court made a mistake by not holding a hearing on the petitioner's request to withdraw her no-contest plea. The decision requires the case to go back to the lower court for this necessary hearing. One judge dissented.
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 In an unpublished decision, the court decided that the appellant should be given the opportunity to withdraw her guilty plea.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.
In OCCA case No. C-2007-1009, Richardson appealed his conviction for Assault and Battery and Malicious Injury to Property. In an unpublished decision, the court decided that Richardson was entitled to a hearing on his Motion to Withdraw Plea of Guilty. One judge dissented.
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.