OKLAHOMA
Indigent Defense System

 

 

 

 

 

 

 Abuse of Discretion


Anthony, Christopher Lee v. State, COCA Case No. RE-2010-512 (June 22, 2011)
(Sixth Amendment; Abuse of Discretion; Revocation/Acceleration) Trial court abused discretion by denying court-appointed counsel solely because defendant had posted bond. Reversed and remanded for new hearing on motion to revoke.

Bellis, Stacy Gene v. State, COCA Case No. RE-2012-1076 (April 18, 2014)
(Revocation/Acceleration Decisions; Evidence, Sufficiency; Abuse of Discretion) District Court took judicial notice of evidence from a separate jury trial as the sole proof to support the application to revoke, with no stipulation. Revocation reversed and remanded

Bradberry, Daniel Wesley v. State, COCA Case No. RE-2013-635 (July 9, 2014)
(Revocation/Acceleration; Abuse of Discretion; Sentence, Excessive) Abuse of discretion to revoke life sentences in full for the type of violations alleged, the most important being a failure to report. Revocation order modified to ten years.

Briggs, Glenn Dale v. State, COCA Case No. RE-2014-238 (April 21, 2015)
(Abuse of Discretion; Sentence, Excessive; Revocation/Acceleration Decisions) Abuse of discretion to impose post-imprisonment supervision in revocation when not part of the original sentence. Post-imprisonment supervision vacated.

Broomhall, John v. State, COCA Case No. F-2018-349 (October 31, 2019)
(Restitution; Abuse of Discretion) Restitution vacated and remanded for proper hearing.

Carty, James Marvin v. State, COCA Case No. F-2013-619 (June 11, 2014)
(Restitution; Abuse of Discretion) Trial court erred in imposing a restitution order without following statutory procedures in determining the amount. Vacated and remanded for a proper determination.

C.E.B. v. State, COCA Case No. J-2014-108 (May 14, 2014)
(Youthful Offender; Abuse of Discretion) Bridging to DOC after successful completion of YO rehab program was an abuse of discretion.

Collins, Mark Stephen v. State, COCA Case No. RE-2013-887 (September 10, 2014)
(Revocation/Acceleration Decisions; Abuse of Discretion; Sentence, Excessive) Ordering post-imprisonment supervision that extends beyond the expiration of suspended sentence, is an abuse of discretion. Remanded to vacate post-imprisonment supervision.

Combs, Franklin Savoy v. State, COCA Case No. M-2011-1083 (July 1, 2013)
(Right to Counsel; Pro Se; Abuse of Discretion) Trial court failed to warn of the dangers of self-representation. Reversed and remanded for a new trial.

Cox, Najee Jamall v. State, COCA Case No. MA-2018-987 (November 16, 2018)
(Abuse of Discretion; Fines, Fees and Costs) The court has numerous avenues for assessing the cost of the transcript to the defendant upon finding he or she is able to pay the cost of the same, however, cannot delay the filing of an appeal pending such payment.

Cox, Robert Dewayne v. State, COCA Case No. M-2013-918 (December 12, 2014)
(Abuse of Discretion) Trial court erred in finding Appellant to be in direct contempt of court without providing him an opportunity to be heard. Reversed and remanded.

Crawley, Michael Ray v. State, COCA Case No. F-2017-153 (August 30, 2018)
(Evidence, Sufficiency; Abuse of Discretion) Error to exclude alternative suspect’s purported confession that he was driving when the victim was killed. Counts for felony murder and eluding a police officer reversed and remanded for new trial.

Creekmore, Jeremiah William v. State, COCA Case No. RE-2012-0711 (September 20, 2013)
(Revocation/Acceleration Decisions; Abuse of Discretion) State failed to present evidence that Judgment and Sentence was final. Reversed for new revocation hearing.

*Crews, Lori Pamela v. State, COCA Case No. PR-2006-120 (April 18, 2006)
(Guilty Pleas; Abuse of Discretion) Defendant’s Writ of Prohibition/Mandamus Granted in Part and Denied in Part. While district court had statutory authority to reject the nolo contendere plea on one count, it had no authority to prevent defendant from entering blind plea of guilty to other count. Defendants have a clear and unilateral right to enter a blind or a negotiated plea of guilty.
* From past and not an opinion but perceived to be very helpful.

Dage, Daniel Ross v. State, COCA Case No. F-2018-690 (October 10, 2019)
(Abuse of Discretion; Bench Trial) Record did not show right to jury trial was knowingly and voluntarily waived. Reversed and remanded for a jury trial.

Davis, Bryce Andrew v. State, COCA Case No. F-2012-212 (December 7, 2012)
(Restitution; Abuse of Discretion) Trial court abused discretion in assessing $30,528.43 restitution; $20,383 of which was for medical expenses, the total value billed by service providers, prior to being written down by insurer’s contract and prior to insurance payment. Actual medical expenses paid by the victim was $2,267, which trial court had authority to triple. Trial court further abused discretion in ordering $3,076 in lost wages, when the State failed to establish this by preponderance of evidence. Evidence re: restitution of $5,000 for future medical expenses was too speculative and also stricken. Remanded for Modification.

D.S.C. v. State, COCA Case No. J-2014-0646 (October 23, 2014)
(Juvenile Adjudication/Certification; Abuse of Discretion) Waiver of jury trial premised upon entry to program that turned out to be unavailable. Trial court abused discretion in failing to restore right to a jury trial. Reversed and remanded.

Fairley, Ganey Marques v. State, COCA Case No. F-2017-1215 (December 5, 2019)
(Prosecutorial Misconduct; Abuse of Discretion) Evidence of prior abuse allegation presented to jury solely through prosecution’s cross-examination was more prejudicial than probative. Remanded for resentencing.

Fuentez, Christopher Shane Lee v. State, COCA Case No. F-2016-626 (July 19, 2018)
(Abuse of Discretion; Double Jeopardy/Double Punishment) Double jeopardy violation when mistrial was declared over defense objection and mistrial was not a matter of “manifest necessity.” Reversed with instructions to dismiss.

Graham, Gene Douglas v. State, COCA Case No. F-2013-1199 (March 24, 2015)
(Abuse of Discretion; Due Process) A ruling by trial judge denied Defendant the opportunity to present a defense. Comments on Defendant’s right to remain silent deprived Defendant of a fair trial. Reversed and remanded for a new trial.

Guy, Bryan Lee v. State, COCA Case No. C-2017-684 (May 31, 2018)
(Guilty Plea Decisions; Abuse of Discretion; Fines, Fees and Costs) Abuse of discretion to impose incarceration costs to a mentally ill person. Remanded to determine whether defendant was a mentally ill person and therefore exempt from incarceration costs.

House, Richard Allen II v. State, COCA Case No. M-2012-416 (February 11, 2014)
(Pro Se; Abuse of Discretion; Ineffective Assistance of Counsel) Misdemeanor conviction reversed and remanded for lack of record of waiver of counsel and questionable determination of lack of indigence.

Jackson, Roderick Leandrew v. State, COCA Case No. F-2014-452 (October 28, 2015)
(Drug Court; Abuse of Discretion) Termination based on previously punished violations. Reversed and remanded for reinstatement in Drug Court.

Johnson, Alvin Lavan v. State, COCA Case No. RE-2013-212 (May 30, 2014)
(Revocation/Acceleration Decisions; Abuse of Discretion) Revocation reversed and remanded because prosecutor to underlying felony became the trial judge for the revocation, and the defense attorney for the underlying felony became the prosecutor for the revocation.

Johnson, Rayvon Latroy v. State, COCA Case No. C-2018-675 (June 6, 2019)
(Guilty Plea Decisions; Abuse of Discretion; Ineffective Assistance of Counsel) Trial court abused discretion in not verifying that motion to withdraw plea was filed out of time. Counsel found ineffective for failing to check the dates.

Joice, Brian Frederick v. State, COCA Case No. RE-2018-1233 (March 5, 2020)
(Revocation / Acceleration Decisions; Abuse of Discretion; Due Process; Ineffective Assistance of Counsel; Sentence, Excessive; Prosecutorial Misconduct) Ineffective assistance for failure to object to revocation on grounds of jurisdiction and excessive sentence. Original sentence exceeded statutory maximum; revocation application was untimely; district court lacked jurisdiction to revoke expired sentence; and the revocation of expired sentence was invalid. Reversed with instructions to dismiss.

K.T.L. v. State, J-2011-462 (September 27, 2011)
(Juvenile Adjudication/Certification; Abuse of Discretion) District Court’s order denying motion for certification as a juvenile was an abuse of discretion where substantial evidence supported K.T.L.’s motion to be treated as a juvenile. Reversed and remanded for certification as a juvenile.

Logan, Kathy Lynn v. State, COCA Case No. RE-2015-735 (September 30, 2016)
(Revocation/Acceleration Decisions; Right to Counsel; Abuse of Discretion) Trial court abused discretion when proceeded with revocation hearing without counsel for defendant. Reversed and remanded for further proceedings.

Mansker, Jarrod Demar v. State, COCA Case No. F-2015-194 (July 14, 2016)
(Abuse of Discretion) Trial court abused discretion by denying credit for time served because defendant exercised right to jury trial. Remanded for resentencing.

Myrie, Antonio Catalino Jr. v. State, COCA Case No. F-2009-1142 (September 1, 2011)
(Sixth Amendement; Abuse of Discretion) Trial court’s denial of continuance and failure to ensure counsel were provided preliminary hearing transcripts prior to trial resulted in denial of transcripts to defendant constitutionally entitled to them. Also abuse of discretion found in joinder of two separate cases arising from property crimes more than two months apart. Reversed and remanded for new trial.

Nunley, Lyndol Keith v. State, COCA Case No. M-2016-596 (June 8, 2017)
(Abuse of Discretion; Sentence, Excessive) Trial court lacked authority to impose a sentence be served day-for-day. District court entered amended judgment and sentence removing day-for-day provision.

Phillips, Scott Allen v. State, COCA Case No. F-2011-606 (June 20, 2013)
(Abuse of Discretion) Abuse of discretion for the district court to refuse to consider the suspension of sentence. Remanded for consideration of request for suspended sentence.

Ruppel, Bobby Lee v. State, COCA Case No. F-2018-513 (June 27, 2019)
(Abuse of Discretion; Fines, Fees And Costs) Restitution vacated and remanded to the district court for a proper determination on the issue of loss.

Solis, Gabriel Brian v. State, COCA Case No. C-2012-1165 (February 11, 2014)
(Guilty Plea Decisions; Ineffective Assistance of Counsel; Abuse of Discretion) Abuse of discretion to deny a hearing on a motion to withdraw plea. Remanded for hearing.

State v. Armstrong, Frank Lee, COCA Case No. S-2012-553 (June 12, 2013)
(State Appeals; Abuse of Discretion) Trial court did not abuse discretion in suppressing evidence when warrant was not executed immediately or with all due haste as ordered.

State v. Brooke, Robert, COCA Case No. S-2012-719 (June 14, 2013)
(State Appeals; Abuse of Discretion) Trial court did not abuse discretion refusing to require imprisonment or impatient treatment under 47 O.S. Section 902(C)(2).

State v. Davis, Anthony Cole, COCA Case No. S-2018-613 (May 2, 2019)
(State Appeals; Abuse of Discretion) District Judge did not abuse discretion in granting Motion to Dismiss.

State v. Johnson, Sheila Carol, COCA Case No. S-2012-554 (June 12, 2013)
(State Appeals; Abuse of Discretion) Trial court did not abuse discretion in suppressing evidence when warrant was not executed immediately or with all due haste as ordered.

State v. Lord, Cody Ray, COCA Case No. S-2016-1142 (September 14, 2017)
(State Appeals; Evidence, Sufficiency; Abuse of Discretion) Suppression of blood draw evidence upheld in DUI case for lack of consent.

State v. Simms, Jamar Mordecai, COCA Case No. S-2017-986 (May 31, 2018)
(State Appeals; Evidence, General; Abuse of Discretion) Trial court did not abuse discretion in excluding video of last 15 minutes of homicide victim’s life.

Tarver, Charles Henry Jr. v. State, COCA Case No. F-2018-542 (September 26, 2019)
(Search and Seizure; Abuse of Discretion) Evidence found should have been suppressed because traffic stop extended beyond Constitutionally permissible. Abuse of Discretion in allowing unlawfully seized evidence. Reversed and remanded with instructions to dismiss.

Taylor, Jack Joseph v. State, COCA Case No. F-2011-562 (April 24, 2013)
(Revocation/Acceleration Decisions; Abuse of Discretion) Revocation reversed and remanded. Prosecutor who procured plea to suspended sentence later became the judge who revoked the suspended sentence in the same case, without revealing his prior involvement in the case.

Taylor, Sherry Kay v. State, COCA Case Nos. M-2011-870 & M-2011-871 (March 8, 2013)
(Revocation/Acceleration; Abuse of Discretion) Reversed and remanded for new acceleration hearing and new trial when ordered to proceed pro se without record of waiver of counsel

Weimer, Charles Edward v. State, COCA Case No. F-2014-698 (October 28, 2015)
(Restitution; Abuse of Discretion) Restitution assessed was based on information in PSI report. Remanded for a proper determination of actual economic loss.