Baucom, Larnell,
C-1999-766, (June 12, 2001)
(Guilty Plea, Ineffective Assistance of Counsel)
Barnett, Jeffrey Ellis v. State,
COCA Case No.
C-2002-1543
(October 9, 2003)
(Guilty Plea Decisions; Ineffective Assistance of Counsel) Remanded for new
hearing with different counsel on motion to withdraw plea because of conflict of
interest of attorney at the original plea withdrawal hearing.
Beaty, Steven Joseph v. State, COCA Case No.
C-2018-1174 (October 31, 2019)
(Guilty Plea Decicions; Fines, Fees and Costs) Victim Compensation Assessments
vacated and remanded to the District Court for a hearing to include all required
factors listed in 22 O.S.2011, § 142.18(A).
Beauchamp, Darell Ray v. State, COCA Case No.
C-2011-469
(February 13, 2013)
(Guilty Plea Decisions; Sentence, Excessive; Ineffective Assistance of
Counsel) Certiorari granted where defendant was misadvised regarding sentence by
defense counsel.
Berntson, Chad Justin v. State, COCA Case No.
C-2005-211 (May 9, 2006)
(Information, Defective) Sentence modified because applicable statute carried
lower penalty than the statute charged.
Betts, Robert,
C-2000-1344, (April 26, 2001)
(Guilty Plea, Factual Basis Inadequate)
Bickham, Derrick Ewayne v. State, COCA Case No.
C-2010-337 (December 8,
2010)
(Guilty Plea Decisions; Fines, Fees and Costs) Certiorari denied, but
remanded determination of whether Appellant was a mentally ill person as defined
by 43A O.S. § 1-103. If determined mentally ill, Appellant would be exempt from
imposition of jail incarceration costs.
Boehn, Thomas,
C-1999-595, (Dec. 2, 1999)
(Guilty Plea, Knowing and Voluntary, error in punishment)
Bowie, Andrew Deon v. State, COCA Case No.
C-2006-1110
(June 19, 2007)
(Guilty Plea Decisions) Certiorari granted and remanded for appointment of
new counsel because trial court failed to appoint conflict-free counsel for
motion to withdraw plea hearing.
Brown, Billy Jack Jr. v. State, COCA Case No.
C-2004-739 (June 8, 2005)
(Ineffective Assistance of Counsel; Guilty Plea Decisions) Conflict of interest
between client and counsel at motion to withdraw plea requires a new hearing on
the application to withdraw.
Brown, Julie Lynn, COCA
Case No. C-2021-218 (February 3,
2022) (Certiorari) The Court found that the client was not present at the Motion
to Withdraw Plea, a critical stage of the proceedings. Reversed for a new
hearing on the motion.
Brown, Montre v. State, COCA Case No.
C-2013-730 (September 17, 2014)
(Guilty Plea Decisions; Ineffective Assistance of Counsel) Certiorari granted
for withdrawal of plea; counsel ineffective for failing to investigate and
litigate competency.
Burns, Emily v. State, COCA Case No.
C-2005-311
(June 29, 2006) (Sentence, Excessive) Twenty-five year sentence for
armed robbery, without consideration of significant mitigating factors, shocked
the conscience of the court. Sentence modified to ten years.
Butler, Johnny Clyde v. State, COCA Case No.
C-2009-410 (November 19,
2009)
(Guilty Plea Decisions; Due Process) Remanded for Evidentiary Hearing (On
Motion toWithdraw Plea). No hearing was conducted before trial court denied
motion, and is mandatory under the rules.
Carter, Marcus D. v. State, COCA Case No.
C-2007-821 (December 7, 2007)
(Guilty Plea Decisions) Attorney who advised plea also appeared at Motion to
Withdraw Plea hearing despite claim of ineffective assistance of counsel.
Remanded for hearing with conflict-free counsel.
Caswell, Janice D. v. State, COCA Case No.
C-2010-1139 (September 23, 2011)
(Guilty Plea Decisions) Trial court failed to conduct hearing on the
application to withdraw plea. Remanded for evidentiary hearing.
Cathey, William Reeves v. State, COCA Case No.
C-2014-254
(January 13, 2015)
(Guilty Plea Decisions; Restitution) Restitution order vacated and remanded for
a proper hearing to determine amount.
Christon, Marcus Jermaine v. State, COCA Case No.
C-2010-695 (May 12, 2011)
(Guilty Plea Decisions; Ineffective Assistance of Counsel) Failure to
appoint new counsel to litigate motion to withdraw plea when client alleged
counsel "tricked" him into entering the plea, required new hearing on the motion
to withdraw plea.
Choxmis, Juan Gabriel v. State, COCA Case No.
C-2012-664
(June 14, 2013)
(Guilty Plea Decisions; Right to Counsel) Remanded to district court for
appointment of conflict-free counsel to litigate the motion to withdraw plea.
Churchill, Roddy Maurice v. State, COCA Case No.
C-2008-69 (August 18, 2009)
(Guilty Plea Decisions; Ineffective Assistance of Counsel) Conflict of
interest prevented plea counsel (who also represented client at withdrawal
hearing) from fully representing client at motion to withdraw plea hearing,
because plea counsel defended his own interests, not those of client. Remanded
for new hearing.
Codynah, Joshua Tony v. State, COCA Case No.
C-2018-55 (February 28, 2019)
(Guilty Plea Decisions; Ineffective Assistance of Counsel) Remanded for new
hearing on motion to withdraw plea due to actual conflict of counsel at the
withdrawal hearing.
Combs, Franklin Savoy v. State, COCA Case No.
C-2008-448 (December 22, 2008)
(Guilty Plea Decisions; Evidence, Sufficiency) Factual basis not
sufficiently established in Alford plea. Certiorari granted.
Conner, Joseph Dewayne v. State, COCA Case No.
C-2012-686
(June28, 2013)
(Guilty Plea Decisions; Sentence, Excessive) Petitioner misadvised of punishment
range before entering plea. Certiorari granted in misadvised count.
Copeland, Steven Caleb v. State, COCA Case No.
C-2002-1136 (July 22, 2003)
(Guilty Plea Decisions; Restitution) Record does not contain sufficient
information as to how restitution amount was determined. Remanded for a
Restitution hearing.
Coulter, Ronnie Lamar v. State, COCA Case No.
C-2003-399 (March
11, 2004)
(Guilty Plea Decisions) Petitioner should be allowed to withdraw his plea since
the crime alleged does not exist. Charged with Assault with a Deadly Weapon,
omitting the necessary element of battery.
Cox, Joseph Leonard Jr. v. State, COCA Case No.
C-2013-309 (February 11, 2014)
(Guilty Plea Decisions; Sentence, Excessive) Remanded to correct Judgment and
Sentence to reflect credit for time served to conform with oral pronouncement of
sentence.
Cox, Juston Dean v. State, COCA Case No.
C-2017-271 (December 14, 2017)
(Guilty Plea Decisions; Ineffective Assistance of Counsel) Trial counsel refused
to assist at motion to withdraw plea hearing and conflict-free counsel not
appointed. Remanded for new hearing.
Cox, Michial Allen v. State, COCA Case No.
C-2004-563 (January
13, 2005)
(Guilty Plea Decisions; Ineffective Assistance of Counsel) Petitioner was denied
effective assistance of counsel due to an attorney-created conflict of interest
at the hearing to withdraw plea. Certiorari granted and cause remanded for a
proper hearing on the Application to Withdraw Guilty Pleas.
Cullins, Rodney Gene v. State, COCA Case No.
C-2010-1113 (September 8, 2011)
(Fines, Fees and Costs; Guilty Plea Decisions) $50,000 fine was not
authorized by statute; modified to $10,000.
Damon, Eric Anthony v. State, COCA Case No.
C-2010-210
(November 23, 2010)
(Guilty Plea Decisions; Ineffective Assistance of Counsel) Plea counsel had
conflict of interest in litigating the motion to withdraw plea. Certiorari
granted. Remanded for new hearing on motion to withdraw plea.
Daniel, Nicholas Allan v. State, COCA Case No.
C-2019-15 (June 25, 2020)
(Guilty Plea Decisions; Evidence, Sufficiency) Court finds that facts did not
support theory of felony murder with distribution of CDS as predicate; and
Robbery with a Firearm. Judgment modified to reflect Murder with armed robbery
as the predicate and vacated the robbery with firearm count.
Daniels, Alan v. State, COCA Case No.
C-2008-593 (March 2, 2009) (Guilty
Plea Decisions; Sentence, Excessive) Acceleration from five-year deferred to
life imprisonment for underlying offense of a single inch-and-a-half marijuana
plant shocked the conscience of the court. Modified to five years.
Dansby, Roscoe v. State, COCA Case No.
C-2005-628 (March 15, 2006) (Ineffective Assistance of Counsel; Guilty Plea Decisions) Defendant
deprived of effective assistance of counsel at hearing on motion to withdraw
plea hearing due to counsel’s conflict of interest. Remanded for a new hearing
with instructions to appoint conflict-free counsel.
Dennis, Lamarr Raymond v. State, COCA Case No.
C-2001-665
(March 20, 2002)
(Guilty Plea; Petitioner was misled and that erroneous information was
factor in decision to plead guilty.)
Dial, William,
C-1999-1678, (July 25, 2000)
(Guilty Plea, Right to Counsel, conflict of interest)
Dodson, Kelsey Danielle v. State, COCA Case No.
F-2010-422 (June 21, 2011)
(Fines, Fees and Costs) Fine imposed by judge (but not jury) stricken. Court
Fund fee vacated; Victim Compensation Assessment remanded for appropriate
hearing.
Dorsey, Jr., James Duane v. State, COCA Case No.
C-2011-651 (February 8, 2012)
(Sentence, Excessive) Trial court imposed sentence greater than that
authorized by statute. Sentence modified.
Duenas-Flores, Victor Alfonso v. State, COCA Case No.
C-2005-1
(June 28, 2007)
(Ineffective Assistance of Counsel; Guilty Plea Decisions) Guilty plea
vacated because of violation of Mexican national’s rights under the Vienna
Convention (to contact and seek help from Consulate).
Duvall, Denisa Dawn v. State, COCA Case No.
C-2018-648 (March 28, 2019)
(Guilty Plea Decisions; Right to Counsel) Petitioner was denied assistance of
counsel when attempting to withdraw her plea. Certiorari granted. Remanded for
new hearing on motion to withdraw plea.
Ealey, Val,
C-1999-722, (Jan. 24, 2000)
(Guilty Plea, Knowing and Voluntary, mistake of law by court & counsel)
Erb, Crystal Lynn v. State, COCA Case No.
C-2012-277 (April 18, 2013)
(Guilty Plea Decisions; Right to Counsel) Remanded for appointment of
conflict-free counsel for filing of new Application to Withdraw Plea and
representation in any hearing on the application.
Eifert, Kevin Anthony v. State, COCA Case No.
C-2013-1030
(July 1, 2014)
(Guilty Plea Decisions; Fines, Fees and Costs) Fine modified because it exceeded
the statutory maximum.
Eslick, Gina Diane v. State, COCA Case No.
C-2013-254 (November 18, 2013)
(Guilty Plea Decisions; Prosecutorial Misconduct) Error for attorney who
counseled plea also represented at Motion to Withdraw Plea hearing. Remanded for
new hearing.
Etchieson, Lee Ann,
C-1998-1242, (Aug. 5, 1999)
(Guilty Plea, Knowing and Voluntary, error in punishment range)
Farris, Nikisha,
C-2000-750, (Feb. 5, 2001)
(Guilty Plea, Excessive Sentence)
Feaster, Clifford v. State,
COCA Case No.
C-2003-356
(October 14, 2003)
(Guilty Plea Decisions; Ineffective Assistance of Counsel) Remanded for proper
hearing on the Application to Withdraw Plea due to an attorney-created conflict
of interest.
Feaster, Clifford v. State, COCA Case No.
C-2003-1342 (May 28, 2004)
(Guilty Plea Decisions; Sentence, Excessive) Judgment and Sentence modified to
correctly reflect judgment imposed.
Fletcher, Brian Keith v. State, COCA Case No.
C-2016-1000 (November 2, 2017)
(Guilty Plea Decisions; Sentence, Excessive) Sentence imposed exceeded statutory
maximum. Sentence modified.
Foote, Curtis Randall v. State, COCA Case No.
C-2003-845 (May 26, 2004)
(Guilty Plea Decisions; Double Jeopardy/ Double Punishment) Misdemeanor
conviction for threatening an act of violence was part of evidence supporting
felony conviction for witness intimidation. Misdemeanor count dismissed.
Fourkiller, Chad D. v. State, COCA Case No.
C-2006-1192 (May 8, 2007)
(Ineffective Assistance of Counsel; Guilty Plea Decisions) Actual
conflict of interest created when counsel testified against his client that the
motion to withdraw hearing (where he also "represented" client).
Fox, Nemol Joe v. State, COCA Case No.
C-2003-31 (November 7, 2003)
(Guilty Plea Decisions) Plea was not knowingly and intelligently entered because
Petitioner was misadvised on the minimum sentence range when not informed of DUI
sentencing option of impatient treatment.
Frantz, Ronald v. State, COCA Case No.
C-2013-1046 (July 18,
2014)
(Guilty Plea Decisions; Ineffective Assistance of Counsel; Sixth Amendment) Plea
counsel had conflict in litigating the motion to withdraw plea. Remanded for a
proper hearing on the Motion to Withdraw Plea with conflict-free counsel.
Gatewood, Roscoe Curtis Jr. v. State, COCA Case No.
C-2009-542
(September 24, 2010)
(Joinder of Parties; Guilty Plea Decisions) Gatewood and co-defendant were
represented by different attorneys in the same firm, and had a "joint defense
agreement," which provided one would not testify against the other. However, on
day of trial, co-defendant pled to a reduced charge in exchange for agreement to
testify for the State. Gatewood waived jury trial and later entered a blind
plea. "The joint representation by two members of the same firm, owing loyalty
to both clients, adversely affected Gatewood’s representation." Certiorari
granted.
Gillen, Sean Phillip v. State, COCA Case No.
C-2008-1155
(March 2, 2010)
(Guilty Plea Decisions) One count remanded to permit withdrawal of plea due
to lack of factual basis for the offense.
Glenn, Rodney Taylor v. State,
COCA Case No. C-2003-1334 (May 10, 2005)
(Guilty Plea Decisions; ) Certiorari granted for pleas to three counts of
Assault & Battery w/ Deadly Weapon. One count lacked a factual basis; client was
misadvised of punishment range on all three counts. Certiorari also granted for
plea to Possession of Firearm in Commission of Felony because client misadvised
of punishment range (charge not subject to enhancement under general enhancement
statute).
Golden, Darrell Odell v. State, COCA Case No.
C-2012-714 (July 31, 2013)
(Guilty Plea Decisions; Ineffective Assistance of Counsel) Guilty plea to
"resisting arrest" lacked factual basis. Counsel ineffective for failing to
raise this issue in motion to withdraw plea.
Goshay, Anthony,
C-1999-1284, (July 3, 2000)
(Guilty Plea, Motion to Withdraw Hearing, Right to Appear)
Goshay, Anthony, v. State, COCA Case No.
C-2000-35,
(April 18, 2001)
(Guilty Plea, Plea Entered on Advice that it Could be Withdrawn)
Green, Terry Lamar v. State, COCA Case No.
C-2012-52
(September 21, 2012)
(Guilty Plea Decisions; Ineffective Assistance of Counsel) Trial court
denied counsel’s motion to withdraw prior to the plea withdrawal hearing.
Counsel interrupted to "correct" client about advice given prior to and during
plea. Remanded for a new hearing on the motion to withdraw plea with
conflict-free counsel.
Grimmett, Steven Leon v. State, COCA Case No.
C-2018-225 (May 9, 2019)
(Guilty Plea Decisions; Sentence, Excessive) Denial of Motion to Withdraw Plea
affirmed but remanded to vacate post-imprisonment incarceration that was not
part of the oral pronouncement of sentence in open court.
Gurley, Terrell Dwayne v. State, COCA Case No.
C-2001-341
(March 27, 2002)
(Double Punishment; Convictions for both First Degree Burglary and Robbery
with a Firearm arising from the same criminal transaction violates double
punishment.)
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.
Hall, Alexander Brandon v. State, COCA Case No.
C-2011-945
(September 6, 2012)
(Guilty Pleas; Double Jeopardy/Double Punishment) Assault with Dangerous
Weapon is not separate from the act of Robbery with a Weapon. Assault conviction
reversed with instructions to dismiss.
Hamill, Malissa Latoya v. State, COCA Case No.
C-2009-48 (August 31, 2009)
(Guilty Plea Decisions) Certiorari granted. Defendant proceeded pro se at
Motion to Withdraw Plea Hearing without a proper waiver, and the error was not
harmless based on the record (where there was no transcript, and plea form had
irregularities)
Hampton, Aaron Perry v. State, COCA Case No.
C-2007-554 (February 13, 2008)
(Sentence, Excessive) Remanded for all sentences ordered to be served
concurrently.
Harger, Shawn Leroy v. State, COCA Case No.
C-2010-1033
(July 21, 2011)
(Ineffective Assistance of Counsel) IAC and conflict where same attorney
counseled plea and represented defendant at Motion to Withdraw Plea Hearing.
Remanded for new hearing.
Hanks, Thomas Samuel v. State, COCA Case No.
C-2015-514 (January 27, 2016)
(Guilty Plea Decisions; Fines, Fees and Costs) Remanded to district court for a
determination under 22 § 979a(A) of whether Appellant is a mentally ill person
as defined by 43A O.S. § 1-103, and protected from paying incarceration costs.
Harris, Brian Daron v. State, COCA Case No.
C-2006-1079 (June 26, 2007)
(Ineffective Assistance of Counsel; Guilty Plea Decisions) Remanded for new
a new hearing on motion to withdraw plea. Petitioner’s attorney failed to appear
at previous hearing.
Harris, Danielle Marie v. State, COCA Case No.
C-2017-458 (August 9, 2018)
(Guilty Plea Decisions) Error to terminate hearing on motion to withdraw plea
for failure to specify the basis of the challenge in the motion to withdraw.
Remanded for further proceedings.
Hayes, Christopher Marcus v. State, COCA Case No.
C-2003-983 (September 9, 2004)
(Guilty Plea) Petitioner sought to withdraw plea after termination from drug
court. Factual basis provided on summary of facts did not constitute an
admission of guilt to the original or amended crime charged. Certiorari granted.
Henderson, Deandre Lashawn v. State, COCA Case No.
C-2016-40 (February 9, 2017)
(Guilty Plea Decisions; Double Jeopardy/Double Punishment; Ineffective
Assistance of Counsel) Three of four counts of assault with dangerous weapon
dismissed when four shots fired in rapid succession in one continuous episode
resulted in four convictions and sentences for violation of Double
Jeopardy/Double Punishment. Counsel ineffective for not raising the Double
Jeopardy/Double Punishment issue in the motion to withdraw plea.
Henderson, William Eugene v. State, COCA Case No.
C-2008-938 (September 30, 2009)
(Double Jeopardy/Double Punishment; Guilty Plea) Kidnapping conviction
reversed and dismissed as violation of Section 11; it was part and parcel of the
robbery with firearm charge.
Hernandez-Montanez, Juan Carlos v. State, COCA Case No.
C-2010-287 (December
21, 2010)
(Sentence, Excessive; Guilty Plea Decisions) Sentence imposed exceeded the
maximum allowed. Sentence modified.
Herrera, Hipolito John v. State, COCA Case No.
C-2018-1184 (November 7, 2019)
(Guilty Plea Decicions) Petitioner misadvised by plea counsel regarding probable
maximum sentence so plea not freely, knowingly and intelligently entered.
Hill, Michelle Emma v. State, COCA Case No.
C-2006-286 (December 8, 2006)
(Guilty Plea Decisions) Certiorari granted because court deviated from plea
agreement
Hill, Starlyn Sean,
COCA Case No.
C-2021-504 (February 9, 2023)
(Certiorari; Guilty Plea Decisions; Statute of Limitations)
Client entered blind plea to nineteen counts of a variety of sex crimes, ten of
which the Oklahoma Court of Criminal Appeals found were outside the state of
limitations. Plea was not knowing and voluntary under these circumstances.
Client allowed to withdraw plea to all counts. Statute of limitations is a
jurisdictional bar to prosecution, not merely an affirmative defense.
Hilton, Kevin,
C-1999-762, (Nov. 22, 1999)
(Guilty Plea, Attorney Conflict of Interest)
Holstine, Jimmy Wayne v. State, COCA Case No.
C-2012-699 (August 21, 2013)
(Guilty Plea Decisions; Ineffective Assistance of Counsel) Attorney failed to
represent client at the motion to withdraw plea hearing. Remanded for new
hearing.
Hooks, Leon Lee v. State, COCA Case No.
C-2009-900 (June 9, 2010)
(Guilty Plea Decisions; Ineffective Assistance of Counsel) Remanded for new
evidentiary hearing on motion to withdraw plea with conflict-free counsel.
"Attorney was faced with the dilemma of either trying to prove his client’s case
that he was ineffective (in counseling the plea) or disputing his claim."
Howell,
Arnold Dean, COCA Case No.
C-2017-998 (March 18, 2021)
(Certiori/McGirt Ruling/Muscogee Creek Nation) The Court found that the Muscogee
Creek Nation is a federally recognized tribe and that the crime occurred within
the Muscogee Creek Reservation. Because of that, the Court ruled that the
District Court did not have jurisdiction and remanded the case with instructions
to dismiss.
Inuwa, Aminu Zegariah Tijuani v. State, COCA Case No.
C-2007-968 (May 15, 2008)
(Guilty Plea Decisions; Ineffective Assistance of Counsel) Remanded for new
hearing on Application to Withdraw Plea, due to conflict of interest between
attorney and client at original hearing.
Janson,
Matthew Steven,
COCA Case No. C-2017-1027
(April 1, 2021)
(Certiori/McGirt Ruling/Cherokee Nation) The Court found that Petitioner is a
member of the Cherokee Nation and was so at the time of the crimes, and that the
Cherokee Nation is an Indian Tribal Entity recognized by the federal government.
Because of that, the Court ruled that the District Court did not have
jurisdiction and remanded the case with instructions to dismiss.
Jinks, Jeffrey L. v. State, COCA Case No.
C-2007-829 (March 13, 2008)
(Guilty Plea Decision; Sentence, Excessive) Client had no prior record but
had mental health issues. Sentence "shocked the conscience of the court."
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.
Jones, Charles Bert Jr. v. State, COCA Case No.
C-2008-273 (April 10, 2009)
(Guilty Plea Decisions; Sentence, Excessive) Plea not knowing and voluntary
because it was based on client’s understanding that counsel had talked to the
trial judge and judge agreed to a more favorable sentence than what was imposed.
Jones, Steven Casey v. State, COCA Case No.
C-2015-1057 (October 12, 2016)
(Guilty Plea Decisions; Sentence, Excessive) Misadvice as to sentencing range
prejudiced defendant; certiorari granted for plea to be withdrawn.
Jones, Yorico Rayshawn v. State, COCA Case No.
C-2016-718 (June 1, 2017)
(Guilty Plea Decisions; Sentence, Excessive) Certiorari denied but judgment and
sentence for Count 15 vacated because never charged for this count.
Kinter, Silvon Dane v. State, COCA Case No.
C-2010-431
(April 22, 2011)
(Guilty Plea Decisions; Right to Counsel*) Refusal to appoint counsel
to defendant who had previously retained counsel but could not pay forced
defendant to choose trial with counsel that did not want to represent him (due
to lack or payment) or no counsel whatsoever. Certiorari granted.
Kolander, James,
C-1998-871, (July 26, 1999)
(Guilty Plea, Jurisdiction lacking over juvenile defendant)
Laney, Bobby Ray v. State, COCA Case No.
C-2012-276 (November 1, 2013)
(Guilty Plea Decisions; Ineffective Assistance of Counsel) Trial counsel’s
failure to present the trial court with evidence relating to Petitioner’s
adaptive functioning and competency renders the results of plea proceedings
unreliable. Certiorari granted, vacated and remanded.
Lara, Derlin v. State, COCA Case No.
C-2016-813 (May 25, 2017)
(Guilty Plea Decisions; Sentence, Excessive; Restitution) Certiorari denied but
sentence on accompanying misdemeanor modified for exceeding statutory maximum.
Also remanded for new hearing on actual amount of restitution.
Laughlin, David Wayne v. State, COCA Case No.
C-2004-903 (June 13, 2005)
(Ineffective Assistance of Counsel; Guilty Plea Decisions) Conflict of interest
between client and counsel at motion to withdraw plea requires a new hearing on
the application to withdraw.
Libera, Stephen Mark v. State, COCA Case No.
C-2004-1017 (December 16, 2005)
(Guilty Plea Decisions) Plea was not knowingly and intelligently entered when
Petitioner believed plea agreement was that the recommendation of the PSI would
be followed regarding probation. Trial court abused discretion in denying the
motion to withdraw plea when the court did not follow the recommendation of the
PSI. Certiorari granted.
Littleraven, Clifford Lyle v. State, COCA Case No.
C-2014-693 (July 9, 2015)
(Guilty Plea Decisions) Misadvice as to range of punishment rendered plea
involuntary. Certiorari granted.
Littleton, Timi,
C-1999-528, (Nov. 19, 1999)
(Guilty Plea, Sentence modified, exceeded statutory maximum)
Louie, Myron Emanuel v. State, COCA Case No.
C-2011-546
(January 17, 2012)
(Guilty Plea Decisions) Remanded for appointment of conflict-free counsel
for motion to withdraw plea hearing.
M thru Z
Martin, Sherice S. v. State,
COCA Case No. C-2004-850 (November 30, 2005)
(Guilty Plea Decisions) Factual basis for accepting guilty plea insufficient on
one count.
Marriott, James,
C-1998-842, (June 11, 1999)
(Guilty Plea, Ineffective Assistance of Counsel)
Maywald, David Lee v. State, COCA Case No.
C-2003-403,
(January 9, 2004)
(Sentence - Excessive) Defendant misadvised of sentencing range and improperly
sentenced to greater than statutory maximum. Certiorari denied but sentence
modified.
McBride, Charles Hackney v. State, COCA Case No.
C-2005-120 (September 19, 2005)
(Guilty Plea Decisions) An evidentiary hearing on the application to withdraw
plea is mandatory unless waived. Certiorari granted and remanded for hearing on
application to withdraw plea.
McCarroll, Corey Dion v. State, COCA Case No.
C-2004-69
(January 19, 2005)
(Guilty Plea Decisions; Sentence - Abuse of Discretion) Two convictions modified
because proximity language did not exist at time of alleged offenses. Sentences
modified from 20 years to 15 years. Sentences modified because judge did not
consider concurrent sentences.
McCarthy, Allen Eugene v. State, COCA Case No.
C-2005-78 (November 28, 2005)
(Guilty Plea Decisions) Plea by defendant unable to make bond was not knowingly
and voluntarily entered, where delay in lab results, which later were found to
be favorable, was coercive factor in entry of plea. Petitioner permitted to
withdraw plea and proceed to trial.
McClellan, Jeffrey Montrell
Alexander, COCA Case No.
C-2020-668
(September 30, 2021) (Certiorari)
Remanded for a new hearing on McClellan’s application to withdraw plea with
separate, conflict free counsel.
McCubbin, Jonathan Andrew v. State, COCA Case No.
C-2004-1108 (December 9, 2005)
(Guilty Plea Decisions; Ineffective Assistance of Counsel) Conflict between
counsel and client resulted in client not having effective representation at
evidentiary hearing. Remanded for new hearing on Motion to Withdraw Plea.
McFarland, Todd Wayne v. State, COCA Case No.
C-2003-848
(March 25, 2004)
(Guilty Plea Decisions; Ineffective Assistance of Counsel) Petitioner denied
effective assistance of counsel when his attorneys induced him to plead no
contest based upon an incorrect legal opinion that he was eligible for a
deferred sentence. Certiorari granted.
McGee, Christopher Dwayne v. State, COCA Case No.
C-2002-946,
(July 1, 2003)
(Guilty Plea Decisions) Plea agreement was for second page enhancement to be
dropped, but trial court enhanced sentence anyway. Certiorari granted.
McLaughlin, David Edward v. State, COCA Case No.
C-2017-104 (August 31, 2017)
(Guilty Plea Decisions) Conviction and sentence vacated for charge dismissed at
preliminary hearing and not part of the plea.
McManus, Ed DeWayne v. State,
COCA Case No. C-2002-652,
(September 27, 2002)
(Guilty Plea; Sentence - Excessive.) Amendments to 21 § 51.1
were not considered when paperwork for plea was filled out. Petitioner could not
have knowingly and voluntarily entered a plea without knowing the correct
punishment range. Counts for 2nd Degree Burglary and Larceny of an
Automobile modified to the minimum of six (6) and nine (9) years respectively,
rather than the twenty (20) years first imposed.
Metzger, Jack Eugene v. State, COCA Case No.
C-2014-373 (November10, 2014)
(Guilty Plea Decisions; Sentence, Excessive) Pleas were not knowingly and
voluntarily entered because not advised accurately about charges and correct
punishment range. Certiorari granted.
Miller, Charles David v. State, COCA Case No.
C-2016-877 (December 7,
2017)
(Guilty Plea Decisions; Sentence, Excessive; Double Jeopardy/Double Punishment)
Sentence imposed for stalking exceeded statutory maximum. Remanded for
resentencing. Judgment and sentence imposed for reckless conduct with a firearm
reversed with instructions to dismiss for double punishment when considered with
another count.
Mitchell, Jeanice v. State, COCA Case No.
C-2000-215, (July
25, 2000)
Mosely, Daniel Gene v. State, COCA Case No.
C-2001-537, (March
20, 2002)
(Double Jeopardy; Convictions for possession of two controlled substances.)
Mountain, John,
C-1998-1455, (Aug. 23, 1999)
(Guilty Plea, Ineffective Assistance of Counsel)
Murray, William Jackson v. State, COCA Case No.
C-2009-89
(January 8, 2010)
(Guilty Plea Decisions; Due Process) Hearing on Motion to Withdraw Plea is
mandatory. Remanded for hearing.
Mutters, Hiram Frank v. State, COCA Case No.
C-2016-140 (January 12, 2017)
(Guilty Plea Decisions; Due Process) Error when hearing held on Motion to
Withdraw Plea held without presence of petitioner. Remanded for proper hearing
with Petitioner present.
Myers, Clinton Lee v. State, COCA Case No.
C-2018-441 (December 20, 2018)
(Guilty Plea Decisions; Fines, Fees and Costs) Nunc pro tunc ordered to reflect
fine of $25,000 instead of $250,000.
Myers, Prince Edward v. State, COCA Case No.
C-2015-942 (September 15, 2016)
(Guilty Plea Decisions; Ineffective Assistance of Counsel; Sentence, Excessive)
Counsel ineffective for failing to object to imposition of jail time for
offenses that carried only fines as penalties. Illegal sentences vacated.
North, Charles D. v. State, COCA Case No.
C-2012-1154 (December 11, 2013)
(Guilty Plea Decisions; Fines, Fees and Costs) Remanded for new hearing on
motion to withdraw plea due to counsel’s conflict of interest at initial
hearing. Also vacated Victim Compensation Assessment that exceeded statutory
maximum.
Oliver, Carlos David v. State, COCA Case No.
C-2010-1060 (October 7, 2011)
(Guilty Plea Decisions; Evidence, Sufficiency; Double Jeopardy/Double
Punishment) Factual basis not sufficient on guilty plea for resisting arrest,
count reversed with instructions to dismiss. Convictions for Assault with a
Dangerous Weapon and Assault with a Dangerous Weapon while Masked constitute
double punishment for one crime. Assault with a Dangerous Weapon reversed with
instructions to dismiss.
Overby, Christopher v. State, COCA Case No.
C-2008-617
(February 8, 2010)
(Guilty Plea Decisions) Conflict of interest between defendant and counsel
at motion to withdraw plea.
Oxford, John Edward v. State, COCA Case No.
C-2014-920 (August 27, 2015)
(Guilty Plea Decisions; Restitution) Order of restitution remanded for a proper
hearing on the amount.
Nielson, Elisa v. State, COCA Case No.
C-2005-398
(April 13, 2006) (Guilty Plea Decisions) Petitioner should have
been allowed to withdraw plea before sentencing when trial court chose not to
follow plea agreement. Certiorari granted.
Pace, Philipe Jean v. State, COCA Case No.
C-2011-592 (May 10, 2012)
(Pro Se; Guilty Plea Decisions) Record does not reflect clear and
unequivocal assertion of right to self-representation or knowing and intelligent
waiver of counsel. Certiorari granted.
Palos-Tellos, Valentin v. State, COCA Case No.
C-2009-1192 (November 19, 2010)
(Guilty Plea Decisions; Ineffective Assistance of Counsel) Plea counsel had
conflict of interest in litigating the motion to withdraw plea. Certiorari
granted. Remanded for new hearing on motion to withdraw plea.
Patterson, Donald Gara v. State, COCA Case No.
C-2016-778 (May 11, 2017)
(Guilty Plea Decisions; Sentence, Excessive) Sentence exceeded statutory
maximum.
Paz, Gilbert v. State, COCA Case No.
C-2014-584 (August 6, 2015)
(Guilty Plea Decisions) Reversed for new hearing on motion to withdraw plea.
Defense counsel told trial court he couldn’t litigate the motion to withdraw
because he’d counseled the plea, so trial court required defendant to articulate
reasons on his own.
Pebbles, Robert Scott v. State, COCA Case No.
C-2005-524 (April 5, 2006)
(Guilty Plea Decisions) Plea not knowing and voluntary when defendant is
misadvised as to possible sentence. Certiorari granted.
Pelican, William Allen, Jr. v. State, COCA Case No.
C-2005-207 (January 19, 2006)
(Guilty Plea Decisions; Ineffective Assistance of Counsel) Trial judge created a
conflict of interest by not appointing conflict-free counsel to conduct motion
to withdraw plea hearing.
Perez, Saul v. State, COCA Case No.
C-2003-890 (August 23, 2004)
(Guilty Plea) Ambiguous record regarding understanding of the crime to which a
plea of guilty was entered requires modification of the sentence.
Perkis, Robert Hershal v. State, COCA Case No.
C-2003-1247
(December 6, 2004)
(Guilty Plea Decisions) Kidnapping conviction (Life sentence) reversed and
dismissed for failure to establish “secret confinement.” First Degree Burglary
modified to Second Degree and sentence modified from 25 years to 7 years.
Phantirath, Vone v. State, COCA Case No.
M-2015-1099 (May 31, 2017)
(Guilty Plea Decisions; Due Process) Count 1 reversed and remanded for new trial
because court erred in not accepting proffered guilty plea.
Pinon, Gilberto v. State, COCA Case No.
C-2002-1379, (May
23, 2003)
(Guilty Plea) Failure to have client present at Hearing on Application to
Withdraw Plea is not harmless error. Remanded for new hearing.
Poe, Eric Alan v. State, COCA Case No.
C-2004-1018 (July 12, 2005)
(Evidence, General; Guilty Plea Decisions) Petitioner allowed to withdraw plea
based upon newly discovered evidence.
Potts, Clinton Riley v. State, COCA Case No.
C-2010-2 (July 21, 2011)
(Ineffective Assistance of Counsel) At remanded hearing, trial court found
trial counsel was ineffective, and that the State had failed to disclose
favorable treatment given to State’s witness as a reward for testifying. AG did
not dispute the trial court’s findings. Reversed and remanded for new trial.
Polk, Douglas H. v. State, COCA Case No.
C-2010-765 (August 16, 2011)
(Double Jeopardy/Double Punishment) Luring and Lewdly looking on a child
were part of the same act as raping the child. Lewd molestation conviction
remanded with instructions to dismiss.
Proctor, Trent,
C-1999-423, (Nov. 9, 1999)
(Guilty Plea, Must be Withdrawn upon COCA order, no new hearing necessary)
Rankin, Jeremy Clarence v. State, COCA Case No.
C-2004-957 (June 13, 2005)
(Ineffective Assistance of Counsel; Guilty Plea Decisions) Conflict of interest
between client and counsel at motion to withdraw plea requires a new hearing on
the application to withdraw. Allegations in motion to withdraw placed counsel in
position of being a witness adverse to his client.
Reid, Floyd v. State, COCA Case No. C-2009-865 (February
22, 2010)
(Guilty Plea Decisions; Fines, Fees and Costs) Trial court’s imposition of
fine for each count was vacated, because defendant was not advised of fine
possibility as part of the negotiated plea.
Richards, Brad Daniel v. State, COCA Case No.
C-2005-1198 (August 14, 2006)
(Guilty Plea Decisions) Trial counsel’s conflict of interest adversely
affected presentation of client’s factual and legal grounds at hearing on motion
to withdraw plea. Reversed and remanded for new hearing on motion to withdraw.
Richardson, Robert Earl v. State, COCA Case No.
C-2006-649 (June 21, 2007)
(Guilty Plea Decisions) Without evidence that defendant was advised of the
85% rule, he must be allowed to withdraw his guilty plea.
Richardson, Robert Lee Jr. v. State, COCA Case No.
C-2007-1009 (February 24, 2009)
(Guilty Plea Decisions) Trial court erred in failing to hold a hearing on the
Motion to Withdraw Plea before denying the motion. Remanded for a hearing.
Rinker, Ricky Allen v. State, COCA Case No.
C-2005-608 (March 12, 2007)
(Guilty Plea Decisions; Sentence, Excessive) Order Withdrawing Previous
Opinion, granting certiorari. Plea not entered knowingly and voluntarily when
not informed of 85% rule.
Roach, Delores Francis v. State, COCA Case No.
C-2014-134 (November 19, 2014)
(Guilty Plea Decisions; Ineffective Assistance of Counsel) Trial attorney
represented at both the plea hearing and motion to withdraw plea hearing.
Remanded for new hearing with conflict-free counsel.
Roberts, Charlie Franklin v. State, COCA Case No.
C-2016-38 (November 7, 2016)
(Guilty Plea Decisions; Ineffective Assistance of Counsel) Petitioner did not
have effective and conflict-free counsel at motion to withdraw plea hearing.
Remanded for new hearing with conflict-free counsel.
Robinson, Lee Otis Jr. v. State, COCA Case No.
C-2009-317
(January 11, 2010)
(Guilty Plea Decisions; Due Process) Actual conflict existed between client
and counsel at the Motion to Withdraw Plea Hearing because counsel became a
witness adverse to her client. Remanded for a new hearing on the Motion to
Withdraw Plea.
Rodriguez, Nick v. State, COCA Case No.
C-2013-973 (September 8, 2014)
(Guilty Plea Decisions; Double Jeopardy/Double Punishment; Ineffective
Assistance of Counsel) Double Jeopardy/Double Punishment claim deemed waived,
but counsel was ineffective for not objecting. One count dismissed.
Rogers, Eric Ryan v. State, COCA Case No. C-2018-687 &
C-2018-688 (November 7, 2019)
(Guilty Plea Decicions; Fines, Fees and Costs) Remanded to modify assessments
and determine if defendant is mentally ill, and thus exempt from paying
incarceration fees.
Ross, Johnny Allen v. State, COCA Case No.
C-2015-473 (February 4, 2016)
(Guilty Plea Decisions; Ineffective Assistance of Counsel) Counsel was
ineffective not pleading proper grounds for withdrawing plea because there was a
likelihood of success on a double punishment issue; remanded for new hearing on
motion to withdraw plea with conflict-free counsel.
Schofield, Gary Thomas v. State, COCA Case No.
C-2015-980 (April 26, 2016)
(Guilty Plea Decisions; Fines, Fees and Costs) Fine exceeded the statutory
maximum.
Servin, Esther v. State, COCA Case No.
C-2003-858
(February 6, 2004)
(Guilty Plea Decisions) Petitioner should be allowed to withdraw her pleas in
the interests of justice. Petition for Writ of Certiorari granted.
Scott, Edward Charles v. State, COCA Case No.
C-2003-298,
(September 4, 2003)
(Sentence - Excessive; Guilty Plea) Remanded for re-sentencing because of
inconsistent statements in the record concerning whether Petitioner was
sentenced as habitual offender.
Sharp, Robert Carl v. State, COCA Case No.
C-2006-571 (February 21, 2007)
(Guilty Plea Decisions) Petitioner not present at hearing on motion to
withdraw plea. Record does not reflect a waiver, case remanded for new hearing.
Shaw, Inez Lee v. State, COCA Case No.
C-2007-717
(March 31, 2008)
(Guilty Plea Decision; Sentence, Excessive) Sentences for Knowingly
Concealing Stolen Property modified because sentences exceeded statutory
maximum.
Shelton, Ronyell Lamar v. State, COCA Case No.
C-2003-1382
(December 3, 2004)
(Guilty Plea Decisions; Double Jeopardy/Double Punishment) Two convictions for
concealing stolen property violate prohibition against double jeopardy, one
count reversed with instructions to dismiss. Petitioner also allowed to withdraw
plea to second count of concealing stolen property because he was misadvised
regarding range of punishment.
Sibok,
Michael,
COCA Case No. C-2019-815 (Jan. 14, 2021)
(Certiori/Guilty Plea Decisions/Pro Se/Right to Counsel) Petitioner was forced
into self representation at the motion to withdraw plea. The record failed to
establish that Petitioner waived the right to counsel for the hearing at the
motion to withdraw guilty plea.
Simmons, Christopher A. v. State, COCA Case No.
C-2007-50 (February 14, 2008)
(Guilty Plea Decisions; Ineffective Assistance of Counsel) Conflict between
counsel and client at evidentiary hearing. Remanded for new hearing on Motion to
Withdraw Plea.
Skinner, Ronald Charles v. State, COCA Case No.
C-2002-1460,
(July 2, 2003)
(Guilty Plea Decisions) Defendant was misadvised on range of punishment.
Certiorari granted.
Smith, Donnell Devon v. State, COCA Case No.
C-2010-1179 (October 6, 2011)
(Guilty Plea Decisions; Sentence, Excessive) Sentence imposed was greater
than the maximum allowed by statute. Modified.
Smith, Eric Evan v. State,
COCA Case No.
C-2005-1208
(August 11, 2006)
(Guilty Plea Decisions) Conflict of interest between client and counsel at
hearing on motion to withdraw plea required reversal for new hearing on motion.
Smith, Jody v. State,
COCA No. F-2000-131,
(September 1, 2000)
(Incarceration Fees, Guilty Plea Appeal Procedure)
Smith, Karen Deborah v. State, COCA Case No.
C-2010-1059
(September 23, 2011)
(Guilty Plea Decisions; Ineffective Assistance of Counsel) Remanded for new
hearing on motion to withdraw plea because same attorney handled plea and motion
to withdraw.
Smith, Misty Dawn v. State, COCA Case No.
C-2015-856 (February 3, 2017)
(Guilty Plea Decisions; Sentence, Excessive) Post-imprisonment supervision
imposed exceeded statutory maximum. Modified to one year post-imprisonment
supervision.
Snoe, Russell v. State, COCA Case No.
C-2002-633, (February
26, 2003)
(Guilty Plea) Plea not knowingly and voluntarily made because of incorrect
information about the range of punishment he faced. Certiorari granted.
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.
Solis, Gabriel Brian v. State, COCA Case No.
C-2014-270 (June 2, 2015)
(Guilty Plea Decisions; Ineffective Assistance of Counsel; Sentence, Excessive)
Remanded for resentencing and any further proceeding because trial court was
demonstrably biased against defendant prior to hearing on sentencing. Trial
counsel IAC for not moving to recuse the trial court.
Speed, Seno McKinley v. State, COCA Case No.
C-2004-598 (August 12, 2005)
(Guilty Plea Decisions) No factual basis to support convictions. Petitioner
allowed to withdraw pleas.
Starr,
Jimmie Dewayne, COCA Case No.
C-2018-640 (March 18, 2021)
(Certiori/McGirt Ruling/Muscogee Creek Nation) The Court found that the Muscogee
Creek Nation is a federally recognized tribe and that the crime occurred within
the Muscogee Creek Reservation. Because of that, the Court ruled that the
District Court did not have jurisdiction and remanded the case with instructions
to dismiss.
Stewart,
Travis Day,
COCA Case No. C-2017-1223 (April
8, 2021)
(Direct/McGirt/Creek Nation) The Court found that the Creek Nation is a
federally recognized tribe and that the crime occurred within the Creek Nation
boundaries. They also found that Petitioner had Creek blood and was an enrolled
member at the time of the crime. Because of that, the Court ruled that the
District Court did not have jurisdiction and remanded the case with instructions
to dismiss.
Stine, Gary Alan v. State, COCA Case No.
C-2012-381 (November 20, 2012)
(Guilty Plea Decisions; Sentence, Excessive) Judgment and Sentence remanded
for a nunc pro tunc order. Sentences were ordered to be served concurrently,
which is not reflected in the judgment and sentence.
Stout, Billy D. v. State, COCA Case No.
C-2005-493 (March 27, 2006)
(Ineffective Assistance of Counsel; Guilty Plea Decisions) Counsel
ineffective in both plea and sentencing and motion to withdraw plea. No
reasonable grounds given in motion to withdraw plea, even though there was no
factual basis for the plea. Case remanded to allow defendant to withdraw plea.
Stumpe, Jennifer Michelle v. State, COCA Case No.
C-2013-150 (January 14,
2014)
(Guilty Plea Decisions; Sentence, Excessive) Petition for Certiorari granted for
purposes of sentence modification. Sentence imposed exceeded statutory maximum.
Summers, April Dawn,
COCA Case
No. C-2021-163 (June 23, 2022)
(Certiorari; Guilty Plea Decisions; Fines, Fees, and Costs) Case remanded in a
guilty plea case for determination of whether client was exempt from
incarceration costs due to mental illness.
Sutton, Donald Edward v. State, COCA Case No.
C-2009-665 (August 24, 2010)
(Guilty Plea Decisions) Plea not entered knowingly and voluntarily if not
informed of 85% requirement. Certiorari granted.
Teel, Clifford Eugene v. State, COCA Case No.
C-2014-139 (January 28, 2015)
(Guilty Plea Decisions; Sentence, Excessive) Reversed and remanded because
misadvised of punishment range.
Thomas, Justin Lyle v. State, COCA Case No.
C-2003-136 (May 18, 2004)
(Guilty Plea Decisions; Due Process) Petitioner misadvised regarding range of
punishment for two counts, which influenced decision to plead guilty to entire
case. Certiorari granted.
Thompson, Jason Harvey v. State, COCA Case No.
C-2012-287 (November 27, 2012)
(Guilty Plea Decisions) Failure to hold hearing on motion to withdraw plea
requires remand
Tran, Huyen Cleveland v. State, COCA Case No.
C-2009-1033
(February 28, 2011)
(Guilty Plea Decisions; Ineffective Assistance of Counsel) Conflict of
interest of counsel in representing both parties charged with child
abuse/permitting child abuse, when defense would be to accuse the other.
Remanded to allow withdrawal of plea.
Ussery, Edgar Lee v. State, COCA Case No.
C-2011-875
(September 12, 2012)
(Guilty Plea Decisions; Sentencing) Remanded to correct the judgment and
sentence to reflect credit for time served and correct number of prior
convictions.
Vaughn, Olindia Toann. v. State, COCA Case No.
C-2009-17
(October 27, 2009)
(Ineffective Assistance of Counsel) Petitioner denied effective assistance
of counsel at the plea withdrawal hearing, allowed to withdraw her plea.
Vivier, Eugene,
C-2001-225, (Sept. 6, 2001)
(Guilty Plea, Ineffective Assistance of Counsel)
Wabaunsee, Gregory Davis v. State, COCA Case No.
C-2010-940 (December 7,
2011)
(Guilty Plea Decision; Double Jeopardy/Double Punishment; Sentence,
Excessive) Under the particular facts of this case Felon in Possession of
Firearm and Possession of Firearm During Felony constituted double punishment.
Walker, Julius Jerome v. State, COCA Case No.
C-2010-1129 (September 28,
2011)
(Guilty Plea Decisions; Double Jeopardy/Double Punishment) One count of A&B
with Dangerous Weapon Reversed with Instructions to Dismiss as a Section 11
double punishment error because it "was based upon the same general act which
formed part of the basis for the crime charged" in another count.
Walker, Raheem Travon,
COCA Case
No. C-2020-691 (June 9, 2022)
(Certiorari; Guilty Plea Decisions) Case remanded to Muskogee County to allow
withdraw of his pleas because he did not receive benefit of his plea bargain.
Trial counsel ineffective for not raising it below.
Walker, Tamisha Nicole v. State, COCA Case No.
C-2014-79 (July
8, 2014)
(Guilty Plea Decisions; Ineffective Assistance of Counsel; Sixth Amendment)
Trial court summarily denied the application to withdraw plea without conducting
a hearing on the merits. Remanded for evidentiary hearing.
Watkins, Timothy Mark v. State, COCA Case No.
C-2004-1156 (December 27, 2005)
(Guilty Plea Decisions; Sentence, Abuse of Discretion) Trial court abused its
discretion in refusing to allow Defendant to withdraw Alford plea , when court
failed to follow sentencing recommendation of the State. Certiorari granted.
Watters, Michael Wesley v. State, COCA Case No.
C-2018-100 (February 14, 2019)
(Guilty Plea Decisions; Sentence, Excessive; Fines, Fees and Costs) Certiorari
denied but remanded to determine if client is mentally ill and thus exempt from
the $2,500+ incarceration fees that were assessed.
Whiteside, Cory James Leon v. State, COCA Case No.
C-2014-854 (October 6, 2015)
(Guilty Plea Decisions; Sixth Amendment) Record does not reflect a knowing and
voluntary waiver of 6th amendment right to counsel. Certiorari
granted.
Wilkerson, Mark A. v. State, COCA Case No.
C-2003-1311
(January 19, 2005)
(Guilty Plea Decisions; Information, Defective) Conviction for First Degree
Burglary modified to Second Degree Burglary because the facts failed show actual
physical presence, as required. Conviction for kidnapping reversed and dismissed
because no factual basis for secret confinement, an essential element.
Wilkes, Darren Casey v. State, COCA Case No.
C-2011-51 (September 2, 2011)
(Guilty Plea Decisions) Certiorari must be granted because term of
negotiated plea was participation in RID program, but DOC rejected defendant for
the program.
Willeford, James G. v. State, COCA Case No.
C-2006-693 (December 8, 2006)
(Guilty Plea Decisions) Court erred in failing to advise regarding the 85%
Rule under Anderson at the time of the plea. Sentence modified.
Williams, Floyd Ray, Jr. v. State, COCA Case No.
C-2008-682 (April 17, 2009)
(Guilty Plea Decisions) Defendant not advised at time of plea that driving
under suspension carried jail time. Sentence modified to fine only.
Williams, Kory v. State, COCA Case No.
C-2008-1183
(February 4, 2010)
(Guilty Plea Decisions) Confusion in the range of punishment (whether
sentencing was as a first offender or AFC) rendered plea not knowing and
voluntary. Certiorari granted.
Williams, Ronald Fitzgerald v. State, COCA Case No.
C-2018-1167 (January 23, 2020)
(Guilty Plea Decisions; Due Process) Remanded for new hearing on motion to
withdraw plea because defendant was not present and did not waive presence at
the hearing.
Williams, Tommy Lee v. State, COCA Case No.
C-2006-497 (February 26, 2007)
(Guilty Plea Decisions; Sentence, Excessive) No contest plea to child abuse
resulted in a Life sentence, with all but 30 years suspended, shocks conscience
of the court. Sentence modified to 20 years
Wilson, Jeremy Ross v. State, COCA Case No.
C-2015-573 (September 22, 2016)
(Guilty Plea Decisions; Ineffective Assistance of Counsel; Sentence, Excessive)
Counsel ineffective for failing to object to State improperly using after
formers in duplicative manner in charging escape. Sentence modified.
Wolfe, Pete v. State, COCA Case No.
C-2015-1063 (September 29, 2016)
(Guilty Plea Decisions; Ineffective Assistance of Counsel; Sentence, Excessive)
Certiorari granted and remanded to district court for appointment of
conflict-free counsel for filing of new Motion to Withdraw Plea and hearing on
the Motion.
Wright, Heath Justin v. State, COCA Case No.
C-2017-1311 (October 4, 2018)
(Guilty Plea Decisions; Ineffective Assistance of Counsel) Client entered drug
court on an uncounseled plea, with a 25 year hammer. When terminated, he tried
to withdraw the plea into drug court, but counsel failed to contest the adequacy
of the waiver of counsel before the original plea. COCA finds case must be
reversed to allow plea withdrawal, making the drug court termination appeal
moot.
OKLAHOMA