Sixth
Amendment
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.
Arndt, Joseph Randal v. State, COCA Case No.
F-2011-473
(June 25, 2013)
(Sixth Amendment) Plain error for trial court to deny opportunity for
cross-examination of co-defendant’s testimony. Reversed and remanded for new
trial.
Cheshire, Jesse Allen v. State, COCA Case No.
F-2004-1229 (October 11, 2006)
(6th Amendment; Evidence, General) Admission of the
non-testifying child victims hearsay statements through prosecution witnesses
violated the Confrontation Clause. Reversed and remanded for new trial.
Dodson, Wesley Wayne v. State, COCA Case No.
F-2005-97 (October 4, 2006)
(Due Process; 6th Amendment; Evidence, Vouching) Trial court
erred in failing to excuse a biased juror for cause; and in not making specific
findings regarding reliability of victim’s hearsay statements under 2803.1.
Witness impermissibly vouched for victims. Reversed and remanded for new trial.
Duncan, Tony Neal v. State, COCA Case No.
F-2005-320
(July 11, 2006) (Sixth Amendment) Use of preliminary hearing transcript
at trial, without showing that witness was unavailable, violated confrontation
clause. Reversed for new trial.
Flippence, Amy Marie v. State, COCA Case No.
F-2003-772
(January 7, 2005)
(6th Amendment; Information, Defective) Introduction of co-defendant’s
out-of-court statements violated 6th Amendment and required a new trial on one
count. Three other convictions were reversed with instructions to dismiss
because statute did not exist at the time the alleged act occurred.
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.
Meadows, Joe Dean v. State, COCA Case No.
F-2003-196 (September 30, 2004)
(Sixth Amendment; Discovery) Sixth Amendment violated when trial court allowed
admission of codefendant’s confession implicating Appellant. Trial court erred
in denying Appellant’s motion to suppress videotaped statements made as a result
of an illegal arrest and taken in violation of Miranda rights.
Miller, Maurice Ladon v. State, COCA Case No.
F-2005-603 (July 5, 2006) (Evidence,
General; Sixth Amendment) Trial court erred by excluding co-defendant’s taped
statement. The evidence was exculpatory and did not violate the corroboration
clause, which protects the accused, not the State. Reversed and remanded for new
trial.
Mitchell, Emanuel D. v. State, COCA Case No.
F-2011-606
(June 20, 2013)
(Sixth Amendment; Pro Se) Trial court erroneously denied defendant’s request
to proceed pro se. First Degree Murder reversed and remanded for new trial.
Mitchell, Leroy Jr. v. State, COCA Case No.
F-2005-874
(September 19, 2006)
(Sixth Amendment) Admission of testimonial hearsay violated right to
confrontation. Reversed and remanded for new trial.
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.
Rayls, Leonard Allen v. State, COCA Case No.
F-2008-329 (February 27, 2009) (Bench Trial,
Sixth Amendment) Waiver of right to jury trial must be clear, unambiguous,
knowing and intelligent, and on the record. Absent any record that the right was
personally waived, the case must be remanded for new trial.
Smallen, Robert Lee v. State, COCA Case No.
S-2008-761 (February 5, 2009 (State
Appeals; Sixth Amendment; Evidence, Sufficiency) Evidence insufficient that
rights to silence and assistance of attorney were waived. District Court Order
suppressing statements and videotaped interview affirmed.
Smith, Bonnie v. State, COCA Case No.
F-2005-786 (February 14, 2007)
(Due Process; Sixth Amendment) Posting of bond presents rebuttable
presumption of non-indigence, but record was insufficient to support trial
court’s ruling that clients were not entitled to appointed counsel. Reversed and
remanded for new trial.
Smith, Charles Milton Sr. v. State, COCA Case No.
F-2005-785 (February 14, 2007)
(Due Process; Sixth Amendment) Posting of bond presents rebuttable
presumption of non-indigence, but record was insufficient to support trial
court’s ruling that clients were not entitled to appointed counsel. Reversed and
remanded for new trial.
State v. Favors, DeAngelo, COCA Case No.
S-2005-1067 (August 18, 2006)
(Evidence, General; Sixth Amendment) Because the defense was denied
opportunity to fully confront victim’s testimony at preliminary hearing, trial
court properly precluded use of that prior recorded testimony at a later
proceeding.
State v. Roley, Michael Ray, COCA Case No.
S-2005-702 (August 23, 2006)
(Evidence, General; Sixth Amendment) Read together, both the Oklahoma
Constitution and Oklahoma statutes guarantee the accused the right of
confrontation at preliminary hearing.
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.
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.