Waiver of Counsel

RE-2020-452

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In OCCA case No. RE-2020-452, Katlin Maye Ford appealed her conviction for Assault and Battery with a Dangerous Weapon. In a published decision, the court decided to reverse the order revoking her suspended sentence. One judge dissented. Katlin pled guilty to Assault and Battery with a Dangerous Weapon and received a ten-year sentence that was suspended. This means she did not have to go to prison right away but had to follow certain rules. One rule was that she needed to pay restitution, which is money that goes to the victim to help with their losses. In October 2018, the State of Oklahoma asked the court to end her suspended sentence because she had not paid the restitution. In November 2018, Katlin decided to represent herself in court, meaning she did not want a lawyer. She admitted that she had not paid the restitution as ordered. The court then allowed more time for her to get back on track with her payments. However, in June 2020, the court decided to take away three years of her suspended sentence because she still had not paid the restitution. Katlin thought this was unfair and appealed the decision, making some important claims: 1. She said she was not given proper legal help when she needed it. 2. She believed the court should have helped her get a lawyer for her hearing. 3. She argued that any failure to pay the restitution was not intentional. In examining her first claim, the court noted that people have the right to have a lawyer when their suspended sentences are being revoked. For someone to give up that right, they must do it knowingly, which means they understand what they are doing. The court found that there was no clear record showing that Katlin had enough information about self-representation or that she made her decision with full understanding of the consequences. Since the court did not make sure she understood everything about waiving her right to a lawyer, the appeal was successful. The original decision to revoke her suspended sentence was reversed, meaning Katlin would get another chance to address her restitution payments and have proper legal representation. Therefore, the court instructed for the case to go back to the lower court for further actions that are consistent with its opinion. One judge disagreed with the majority's decision.

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F-2017-1011

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In OCCA case No. F-2017-1011, Johnny Ray Hopes appealed his conviction for Unlawful Possession of a Controlled Dangerous Substance With Intent to Distribute and two counts of Assault and Battery on a Police Officer. In an unpublished decision, the court decided to affirm the convictions. One judge dissented. Johnny Ray Hopes was found guilty by a jury for having illegal drugs and for attacking police officers. The jury decided he should go to prison for four years for the drug crime and for thirteen months in jail with a $500 fine for each of the two assaults. The judge ordered that all of these punishments would happen one after the other, not at the same time. Hopes had a few reasons for his appeal. First, he said that the trial court did not properly explain what it meant to represent himself in court. He believed that because he was not fully informed, his choice to represent himself was not made knowingly or voluntarily. The court looked at the facts and found that Hopes was well informed about what it meant to represent himself. They agreed that he made a clear decision and understood the risks involved in not having a lawyer. Therefore, the court decided that he had made a valid choice to represent himself. Second, Hopes claimed that the trial court made a mistake by not allowing the jury to hear about a lesser crime called Resisting Arrest. The court explained that for a jury to receive instructions about a lesser crime, there must be enough evidence for a reasonable jury to be able to find the person guilty of that lesser crime instead of the more serious crime they were charged with. The court found that there wasn’t enough evidence to support a charge of Resisting Arrest because Hopes had attacked the officers rather than just resisting their attempts to arrest him. So, they decided the trial court did not make a mistake by not including that lesser charge. Lastly, Hopes argued that the trial court shouldn’t have made his punishments run consecutively. The court explained that there is no rule saying he must receive concurrent sentences, meaning they cannot run at the same time. They confirmed that the judge had the right to decide that Hopes should serve his time one after the other. The court found that there was no evidence showing that the judge didn't consider all the facts when making that decision. In conclusion, the court upheld Hopes’ convictions and punishments. The appeal did not change the earlier decision. One judge disagreed, believing there were reasons to reconsider the case.

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C-2017-567

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In OCCA case No. C-2017-567, the petitioner appealed her conviction for harboring a fugitive from justice. In an unpublished decision, the court decided to grant part of her request and said that she was wrongly denied her right to have a lawyer help her during important steps of her case. One judge disagreed with this decision. The case involves Teresa Lorena Altobella, who was charged with helping someone avoid the law. She pleaded guilty to the charge and was given a five-year prison sentence, which was suspended, meaning she wouldn’t go to jail if she followed certain rules, such as doing community service and completing a specific program. After her plea, she wanted to change her mind and asked the court to let her withdraw her guilty plea. The court had a hearing where Altobella tried to argue that she should be allowed to change her plea, but she did not have a lawyer to help her. She had trouble getting a lawyer before the hearing, and when she showed up without one, the judge did not allow her to have another lawyer during this important moment. Altobella argued that her guilty plea was not made correctly—she said she didn’t fully understand what she was doing when she pleaded guilty. The higher court looked at these points and agreed with Altobella when it came to the right to have a lawyer. The court said it is important for defendants to have legal help, especially during crucial parts of their cases like asking to withdraw a guilty plea. The court found that Altobella did not waive her right to a lawyer in a proper way, meaning that she should have been given a chance to have legal help. Because of this issue, the court decided to reverse the district court's decision that denied her request to withdraw her guilty plea. They sent the case back to the district court to make sure Altobella could have a lawyer help her figure out if she still wanted to withdraw her plea. The court's ruling on the pleas and other arguments was set aside because they believed it was essential to have proper legal representation in such cases. In summary, the court made it clear that every defendant has the right to legal assistance during important steps in their trial or when making significant legal decisions. This decision ensures that defendants have the support they need to navigate the legal system properly.

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C-2017-1311

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In OCCA case No. C-2017-1311, Heath Justin Wright appealed his conviction for multiple charges, including Second Degree Burglary, Knowingly Concealing Stolen Property, and Unlawful Possession of a Controlled Dangerous Substance. In an unpublished decision, the court decided to grant relief to Wright, allowing him to withdraw his guilty plea and proceed to trial. One judge dissented. Wright entered a negotiated plea without legal counsel and was accepted into the Pontotoc County Drug Court program. His plea agreement stated that if he successfully completed the program, his charges would be dismissed. However, if he failed, he would receive a lengthy prison sentence for each charge. After the State sought to terminate him from the drug court program, Wright tried to withdraw his plea. The court denied his request and sentenced him to the agreed-upon prison terms. Wright claimed his attorney did not assist him properly. He argued that he was not warned about the risks of representing himself in court. The court found that this lack of advice affected his decision to plead guilty. Since it was clear that Wright’s attorney did not address this issue, the court decided he should be allowed to withdraw his plea and face trial for the charges. The ruling concluded that because the initial plea was handled improperly, Wright should get another chance to defend himself in court.

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M-2017-739

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In OCCA case No. M-2017-739, Jeremy L. Garza appealed his conviction for Driving under the Influence of Intoxicating Substances. In an unpublished decision, the court decided that the trial court abused its discretion by allowing Garza to represent himself during the acceleration proceedings without him properly waiving his right to counsel. One judge dissented. Garza had initially entered a guilty plea to a DUI charge and was given eighteen months of probation. However, the State later accused him of not following the rules of his probation, such as failing to report and not paying fines. When Garza addressed the court without a lawyer during these acceleration proceedings, the court did not properly document that he understood his right to have a lawyer or that he chose to give up that right. The court's opinion stressed that anyone facing charges has the right to a lawyer and can only waive this right if they do so knowingly and intelligently. This means they need to understand the consequences of representing themselves. Since the court did not show that Garza waived his right to counsel properly, the decision to sentence him was reversed. The matter was sent back to the lower court, instructing them to vacate the judgment and hold further proceedings that follow this ruling.

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M-2016-268

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In OCCA case No. M-2016-268, the appellant appealed his conviction for threatening to perform an act of violence and resisting an officer. In an unpublished decision, the court decided that the trial court made an error by not properly informing the appellant about the risks of representing himself without a lawyer. The court found that there was not enough evidence to show that the appellant understood what he was doing when he waived his right to a lawyer. The court reversed the trial court's judgment and ordered a new trial. One judge dissented.

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C-2014-854

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In OCCA case No. C-2014-854, Cory James Leon Whiteside appealed his conviction for Domestic Assault and Battery and Domestic Abuse - Assault and Battery. In an unpublished decision, the court decided to grant his petition, allowing him to withdraw his pleas. One member of the court dissented. Whiteside pleaded guilty to two misdemeanor charges involving domestic violence. The court sentenced him to one year in jail for each charge, with the sentences to run one after the other. Shortly after pleading guilty, Whiteside asked to change his plea from guilty to not guilty, stating he had not understood the consequences of his plea. His request to withdraw his plea was denied by the court. Whiteside then appealed this decision, arguing two main points. First, he claimed he did not knowingly and voluntarily give up his right to have an attorney represent him during the case. Second, he argued that he should be allowed to withdraw his plea because he didn't fully understand what he was agreeing to. The court reviewed the entire record of the case. It found that Whiteside's waiver of his right to counsel was not made in a knowing and voluntary way, meaning there was no clear record showing that he understood what self-representation involved or that he had been advised of the risks of not having a lawyer. The state even agreed with this point. Because this error was significant, the court decided to let Whiteside withdraw his guilty pleas. Following this decision, the other issue Whiteside raised became unnecessary to address. Therefore, the court ordered that Whiteside be allowed to withdraw his pleas.

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RE 2013-0511

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In OCCA case No. RE 2013-0511, Carrie Denise Stumpff appealed her conviction for revocation of her suspended sentence. In a published decision, the court decided that the trial court failed to ensure that Stumpff knowingly waived her right to an attorney, which required them to reverse the decision and send the case back to the District Court for further actions. One member of the court dissented.

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M-2012-416

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In OCCA case No. M-2012-416, #1 Richard Allen House II appealed his conviction for #2 Unlawful Possession of Drug Paraphernalia. In an unpublished decision, the court decided #3 to reverse the conviction and send the case back for further proceedings. #4 One judge dissented. Richard Allen House II was found guilty after a trial without a jury. He was charged for having drug paraphernalia, which is against the law. The judge sentenced him to pay a fine of $250 and spend a year in jail, but he only had to serve 60 days in jail because the rest of his sentence was suspended as long as he followed certain rules. At the beginning of the case, Richard asked the court for a lawyer to help him, and the court agreed. However, later, his attorney wanted to stop helping Richard because they thought he could pay for a private lawyer. This happened after Richard posted bail and was said to be employed. But there was confusion because it was not clear whether the money was for this case or another case he had. Richard ended up representing himself, which means he did not have a lawyer to help him during the trial or the sentencing. After his trial, he asked for a lawyer to help with his appeal, but the judge did not appoint one, saying Richard had enough money to pay for a lawyer himself. This decision was questioned because there was no proper record showing that Richard understood he could still get a lawyer even though he had posted bail. Richard argued that it was wrong for his lawyer to leave and for him to have to represent himself without really understanding what that meant. The State, which is the side that brought the case against him, agreed that there was a problem because there was no formal record to show that Richard had given up his right to a lawyer. The court referred to earlier cases that showed it is important for defendants to have lawyers. If they can't pay for one, they must be given a lawyer unless they clearly waive that right. Since the proper steps weren't taken in Richard's case, the court decided his conviction should be reversed. They sent the case back to the lower court so they could decide if Richard still needed a lawyer or if he had given up that right properly. In summary, the decision noted that everyone deserves a fair chance to defend themselves with legal help, and if they can't afford a lawyer, they should still get one if they need it. The court made it clear that without the correct procedures being followed, they could not allow the conviction to stand.

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M-2011-1083

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In OCCA case No. M-2011-1083, the appellant appealed his conviction for resisting an officer. In an unpublished decision, the court decided to reverse the trial court's judgment and remand for a new trial. One judge dissented. The case involved Franklin Savoy Combs, who was found guilty of resisting an officer after a jury trial. The trial took place in Hughes County, and the appellant received a sentence of ninety days in jail and a fine of $300. Combs later appealed this decision, challenging the way he represented himself in court. In his appeal, Combs argued that the trial court did not properly inform him of the risks of self-representation. The court looked at the records from the trial to see if Combs had knowingly decided to waive his right to have a lawyer. They found that there was not enough evidence to show that he fully understood what he was doing when he chose to represent himself. The court explained that before someone can represent themselves, it is very important that they know what that means and what they might be giving up. If there are doubts about whether a person really understood their rights, those doubts should be viewed in favor of that person. Since the court determined that Combs did not knowingly and intelligently waive his right to counsel, they decided that his conviction needed to be reversed. The case was sent back for a new trial where he can have proper legal representation.

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M 2011-0870

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In OCCA case No. M 2011-0870 and case No. M 2011-0871, Sherry Kay Taylor appealed her conviction for driving under the influence and other related offenses. In an unpublished decision, the court decided to reverse her conviction and ordered a new trial. One judge dissented.

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M 2011-0871

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In OCCA case No. M 2011-0870 and M 2011-0871, Sherry Kay Taylor appealed her conviction for misdemeanors related to driving under the influence and other offenses. In an unpublished decision, the court decided that the trial court made a mistake by not allowing her to have a lawyer during her hearings. One judge dissented. Sherry was charged with driving while under the influence of alcohol, driving without a license, and improper backing in a case from December 21, 2010. She initially pleaded no contest to driving under the influence and received a six-month deferred sentence. Later, she was charged again for driving under the influence of both drugs and alcohol. In September 2011, Sherry went to a hearing where she was supposed to represent herself because her request for a lawyer was denied. The judge believed she had enough time to find a lawyer but Sherry argued that she didn't understand how to represent herself and didn't want to waive her right to have an attorney. The court looked into whether Sherry had been properly informed about her right to a lawyer and whether she had given up that right knowingly. It was found that there was no clear record showing that she had chosen to represent herself or that she understood the risks involved. Ultimately, the court decided that denying her the help of a lawyer was a mistake and ordered that she should have a new trial and a new hearing to review her sentence in a fair manner.

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F-2010-267

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In OCCA case No. F-2010-267, James Lyman Mahaffey appealed his conviction for Assault & Battery with a Deadly Weapon, Kidnapping, and Possession of Firearm After Conviction. In a published decision, the court affirmed the convictions but modified the sentences to be served concurrently instead of consecutively. One judge dissented. Mahaffey was accused and found guilty of serious crimes against his wife, including assault and kidnapping. The trial took place in the District Court of Grady County. After the jury convicted him, the judge sentenced him to life in prison for the assault, 10 years for the kidnapping, and 6 years for possession of a firearm, all lined up to be served one after the other, or consecutively. Mahaffey asked to represent himself during the trial, which means he wanted to defend himself without a lawyer. He argued that the court should not have allowed him to do this because he didn't clearly understand the risks involved in self-representation. However, the court decided that he was competent to represent himself and had made an informed decision. They had warned him that representing himself could be risky and could lead to mistakes that might change the outcome of the trial. During the trial, Mahaffey raised some claims against the prosecutor's behavior. He argued that the prosecutor acted unfairly by making comments that may have influenced the jury. For instance, Mahaffey claimed the prosecutor misrepresented the meaning of a life sentence and made other comments that distracted from the trial's fairness. However, the court concluded that while there were some mistakes made by the prosecutor, they were not serious enough to change the outcome of the case concerning his guilt. Despite this, the court found that the conduct during sentencing raised concerns about the fairness of the sentencing itself. The jury specifically asked about how the sentences would be served, indicating they were worried about the total time Mahaffey would spend in prison. Because of this, although Mahaffey’s convictions were upheld, the court changed the sentences to allow them to be served concurrently, meaning all the prison time would be served at the same time rather than one after the other. Ultimately, the court's decision meant Mahaffey would still have to serve his time, but the way his sentences were structured was altered to be less severe. The case was sent back to the lower court to fix the official documents to reflect that change in sentencing.

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C-2009-48

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In OCCA case No. C-2009-48, Malissa Latoya Hamill appealed her conviction for First Degree Rape. In a published decision, the court decided to grant her request and remand the case for a new hearing on her motion to withdraw her plea of no contest. One member of the court dissented. Malissa Hamill had entered her plea in the District Court of Bryan County and was given a ten-year suspended sentence along with a fine. Later, she wrote a letter to the court asking to withdraw her plea, claiming it was not made knowingly and voluntarily. The court held a hearing on her motion, during which she represented herself without a lawyer. The judge believed she had waived her right to have a lawyer assist her, but the court found that this waiver wasn't clear. During the appeal, the issues were whether Hamill knowingly gave up her right to have a lawyer present and whether her plea was truly made in an informed way. The court noted that a defendant has the right to attorney assistance when trying to withdraw a plea. If this right is denied, it can be considered an error unless it's clear that the defendant wouldn't have been able to withdraw their plea anyway. Hamill's claims of innocence and concerns about the validity of her plea could not be disregarded based on the existing records, which were incomplete. Because there was no proper record of what was discussed during her initial plea, the court decided that it couldn’t confirm whether Hamill had fully understood the punishment when she made her plea. This lack of clarity led the court to conclude that Hamill should have a new hearing where she could have legal help. Therefore, the court granted her request, stating that the lower court must hold a new hearing on her motion to withdraw her plea, this time making sure she has the assistance of a lawyer.

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RE 2006-0808

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In OCCA case No. RE 2006-0808, Covey appealed her conviction for revocation of her suspended sentence. In an unpublished decision, the court decided to reverse the revocation order and send the case back for a new hearing with counsel present. One judge dissented. Covey had pled guilty to a crime and was given a suspended sentence, meaning she wouldn't serve time unless she broke the rules again. The State thought she had broken the rules and asked the court to take away her suspended sentence. At the hearing, Covey didn’t have a lawyer because she claimed she couldn’t pay for one. The judge said Covey had enough chances to get a lawyer but decided to go ahead without one. However, the court found that there was no clear proof that Covey was okay with not having a lawyer or that she understood the risks of representing herself. This is important because everyone has the right to have a lawyer help them during important hearings like this one. Because the court didn’t follow the proper rules for allowing Covey to go without a lawyer, they reversed the previous decision and said she should have another hearing with a lawyer or a clear agreement that she didn’t want one.

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F-2005-1094

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In OCCA case No. F-2005-1094, #x appealed his conviction for #y. In a published decision, the court decided to reverse his conviction and remand the case for a new trial. #n dissented. Charles Arnold Fields was found guilty of delivering a controlled drug after having been convicted of felonies before. The jury gave him a sentence of 15 years to life in prison and a big fine. Fields did not like his representation during the trial, and he wanted to fire his lawyers. But the judge told him he could either continue with his lawyers or represent himself with them helping him. The case had three main issues. The first one was about whether Fields gave up his right to have a lawyer in a way that was clear and fair. The second issue questioned whether his long sentence was okay. The last issue looked at whether the judge made a mistake by not allowing Fields to challenge some evidence. The court found that Fields did not really ask to represent himself, and the judge did not explain to him the problems that could arise from not having a lawyer. Because of this, the court said he deserved a new trial. Since they decided on the first issue, they did not need to look into the other two issues. The court's final decision was to cancel the previous judgment and send the case back for a new trial.

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M 2005-0404

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In OCCA case No. M 2005-0404, the appellant appealed his conviction for possession of a controlled substance and unlawful possession of drug paraphernalia. In a published decision, the court decided to reverse the trial court's judgment and remand the case for a new trial. One judge dissented from this decision. The case involved an appellant who was found guilty by a jury in a district court. He was sentenced to one year for each of the two counts and was fined $1,000. During the appeal, the appellant raised several issues regarding his right to counsel. He argued that he did not knowingly or voluntarily give up his right to have a lawyer during the trial. The appellate court found that while the appellant had filled out a waiver of counsel form, the trial record did not clearly show that he understood the risks of representing himself. The court mentioned that the trial judge should have made sure the appellant was fully aware of what he was giving up by not having a lawyer. As a result, the court believed that the appellant did not make an informed choice about waiving his right to counsel, which affected the fairness of his trial. Because of this main issue, the court did not need to consider the other problems raised by the appellant, such as comments made during the trial and actions taken by the prosecutor. Overall, the court decided that the appellant should have a new trial to ensure he gets a fair chance to defend himself properly.

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F 2004-577

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In OCCA case No. F 2004-577, Marion Lewis appealed his conviction for First Degree Rape, Forcible Oral Sodomy, and Indecent or Lewd Acts with a Child. In an unpublished decision, the court decided to reverse his convictions and order a new trial. One judge dissented. Mr. Lewis was found guilty by a jury in Oklahoma County for serious crimes against a child. The jury decided that he should serve life in prison without parole for the majority of the counts and 20 years for one count. He then appealed this decision, raising three main problems he believed were wrong in his trial. First, he argued that he wasn't properly warned about the risks of representing himself in court, which meant he didn't fully understand what he was giving up by choosing to do so. This was important because it related to his rights as a citizen, protected under the Sixth Amendment. Second, he claimed that the trial court didn't look carefully at whether he was capable of standing trial. He thought there were signs that suggested he wasn't mentally fit for the trial, which might have violated his rights under the Fourteenth Amendment. Third, he complained that the trial court wouldn't allow him to delay the trial, which prevented him from calling witnesses and putting forth a strong defense. He believed this decision also violated his rights. The court noted that Mr. Lewis had been asking to represent himself for a long time before the trial. However, he only received permission to do so a few days before his trial began. The trial court denied his request for more time to prepare and to gather witnesses that he wanted to bring to help his case. The judges noted that having enough time to prepare is important for someone defending themselves in court, especially when they have only just been allowed to do so. The court found that denying him more time was unfair and hurt his chances for a fair trial. As a result, the court agreed that his right to present a defense had been violated when the trial court wouldn’t allow a continuance. This led them to reverse his convictions and order a new trial, meaning he would have another chance to fight the accusations against him. The other issues he raised about warnings and competency were not necessary to discuss because they were overshadowed by the first issue. In conclusion, the court decided that Mr. Lewis's convictions were unfair, and he will get a chance to have a new trial. One judge disagreed with this outcome, feeling that the trial court made the right decision in denying a continuance and that Mr. Lewis had not shown how he was harmed by that decision.

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F 2002-1481

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In OCCA case No. F 2002-1481, Anthony John Hathcock appealed his conviction for Omitting To Provide For Minor Child. In a published decision, the court decided to reverse and remand the case for a new acceleration hearing. One judge dissented. Here's what happened: Hathcock pled no contest to the charges in November 2001 and was given a five-year deferred sentence. This means he didn't go to prison right away but had to follow certain rules, like paying child support. He was supposed to pay $100 a month for current support and catch up on a larger amount he owed. However, the State said he failed to make these payments and asked the court to speed up his sentence, which was called accelerating the sentence. A hearing took place in June 2002 where Hathcock represented himself, meaning he didn't have a lawyer. The judge decided that Hathcock broke the rules of his deferred sentence and sentenced him to one year in prison. Hathcock then appealed this decision, saying three main things. First, he claimed he didn’t effectively waive his right to have a lawyer. Second, he argued that the State didn't provide good evidence to justify speeding up his sentence. Third, he pointed out that it was unclear what his new sentence was supposed to be. The court looked at these claims during the appeal. They agreed with Hathcock that he did not properly waive his right to a lawyer and that this was an important issue. Because of this, the court decided to reverse the earlier decision and send it back to the lower court for a new hearing, ensuring that Hathcock would have legal representation this time. Overall, the court's order was that Hathcock's sentence acceleration was not valid as he was not given proper legal help during the initial proceedings.

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