Due Process

Baker, Jimmy Lee v. State, COCA Case No. F-2009-528 (June 23, 2010)
(Due Process; Prosecutorial Misconduct) State failed to disclose the victim’s pending drug charges, plea agreement, and prior felony conviction contrary to Brady v. Maryland. Reasonable probability that had the evidence been disclosed to the defense, the result of the trial would have been different. Reversed and remanded for new trial.

Banks, Christopher Dewayne v. State, COCA Case No. C-2017-33 (May 24, 2018)
(Guilty Plea Decisions; Due Process) Defendant granted relief due to breach of plea agreement. Revocation sentence modified to be served concurrently.

Davidson, Peter Paul v. State, COCA Case No. RE-2005-0473 (April 20, 2006)  (Due Process) Jurisdiction forfeited if fail to obtain waiver or hold hearing within 20 days of arraignment. Reversed and remanded.

Dodson, Wesley Wayne v. State, COCA Case No. F-2005-97 (October 4, 2006)
(Due Process; 6^th 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, Marty Spence v. State, COCA Case No. M-2016-108 (August 10, 2017)
(Due Process) Reversed and remanded for new trial due to inadequate record to show waiver of jury trial.

Farino, Donald Wayne v. State, COCA Case No. M-2014-235 (April 3, 2015)
Due Process) Reversed and remanded for new trial because no record of a valid waiver of the right to jury trial.

Gibbs, Franklin Lee, Jr. v. State, COCA Case No. F-2004-649 (March 9, 2006)  (Jury Selection; Due Process; Prosecutorial Misconduct) Denial of statutory peremptories is structural error, not subject to harmless error review. Also, first degree murder cases cannot be enhanced under the habitual offender act. Reversed and remanded for new trial.

Gore, Robert Leroy v. State, COCA Case No. F-2015-212 (March 24, 2016)
(Due Process) Record insufficient to show knowing, voluntary waiver of jury trial. Reversed and remanded for new trial.

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.

Griffith, Timothy v. State, COCA Case No. F-2005-911 (March 21, 2007)
(Due Process; Jury Instructions, Theory of Defense) Appellant denied due process of law by trial court’s erroneous exclusion of evidence and jury instruction regarding theory of defense to the allegations. One count attempted rape, reversed with instructions to dismiss.

Holden, Jeffrey Allen v. State, COCA Case No. RE-2007-1233 (April 22, 2009)
(Revocation/Acceleration Decisions; Due Process) District Court lost jurisdiction to hear revocation application when hearing was not held within 20 days of plea of not guilty. Reversed and dismissed.

Harris, Andrew Lee v. State, COCA Case No. F-2012-916 (July 29, 2013)
(Sentence, Excessive; Evidence, Other Crimes; Due Process) Improper evidence and argument concerning probation deprived defendant of due process rights to a fair jury sentencing. Sentence modified.

Harrison, Erica Lashon v. State, COCA Case No. F-2015-121 (April 19, 2016)
(Due Process) Character evidence improperly introduced during State’s rebuttal by calling Appellant to testify over her objection. Remanded for resentencing.

Hart, Daniel Lee v. State, COCA Case No. RE-2019-19 (July 30, 2020) (Revocation/Acceleration Decisions; Due Process) Revocation hearing held without client violated due process. Reversed and remanded for new hearing.

Hawks, Loretta Marjorie v. State, COCA Case No. F-2014-764 (April 5, 2016)
(Evidence, Sufficiency; Due Process; Jury Instructions, Misleading/Confusing) Error in Aiding and Abetting instructions. Reversed and remanded for new trial.

Hogan, Darrell W. v. State, COCA Case No. F-2004-1266 (February 10, 2006) (Due Process) Due process violated when a defendant is denied a statutory right to nine peremptories. Reversed and remanded for new trial.

Hopkins, Jerome Deshone v. State, COCA Case No. F-2016-549 (August 10, 2017)
(Evidence, Sufficiency; Due Process) Record failed to establish waiver of assistance of counsel was knowing and voluntary. Appellant deprived of fair trial and due process of law when control restraint was visible to prospective and eventual jurors. Trial court erred by allowing Appellant to be tried in a restraint box without giving any reason for such restraint. Reversed and remanded for new trial.

Howland, Sean Eddie v. State, COCA Case No. RE-2014-0706 (May 12, 2015)
(Due Process; Revocation/Acceleration Decisions) State’s unwarranted delay in prosecuting application to revoke in a timely manner violated due process. Reversed and remanded with instructions to dismiss.

 Hudson, Richard Clay v. State, COCA Case No. F-97-1499 (May 11, 1999)
(Evidence, Other Crimes; Due Process) Fundamental and reversible error to allow State to introduce unfairly prejudicial other crimes and bad act evidence not relevant to any exception to the general rules barring such evidence. Reversed and remanded for new trial.

Jackson, Edward Dean v. State, COCA Case No. RE-2016-401 (January 11, 2017)
(Revocation/Acceleration Decisions; Due Process ) Revocation vacated and remanded for failure to hold hearing within 20 days.

Jackson, Jimmy Dale COCA Case No. RE-2021-1202 (November 10, 2022) (Revocation; Due Process) Modified from Twenty years to the six months allowed for technical violations. Court finds special conditions of sex offender probation were never imposed.

Johnson, Armand Rashawn v. State, COCA Case No. F-2008-763 (July 24, 2009)
(Due Process; Jury Selection) Trial court abused his discretion in the manner voir dire was conducted; and with premature comments about the deliberation process which effectively became a pre-emptive Allen charge. Reversed and remanded for new trial.

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.

Jones, Ralph Emerson, Jr. v. State, COCA Case No. F-2005-619 (March 7, 2006)    (Jury Selection; Due Process) Failure to afford defendant the statutorily-set 5 peremptories is a structural error, not subject to harmless error review. Reversed and remanded for new trial.

Lindsay, Charles Earl v. State, COCA Case No. F-2005-252 (August 30, 2006)
(Due Process; Evidence, Sufficiency; Sentencing) Error in escorting defendant into court and out of court in handcuffs in the presence of jurors; victim was never "threatened" with the alleged imitation firearm; and failure of trial court to instruct on 85 percent rule all contributed to Court’s decision to modify sentence.

Malone, Gregory Kyle v. State, COCA Case No. F-2003-257 (April 15, 2004)
(Jury Instructions - Misleading/Confusing; Due Process) Trial court improperly broadened elements of crime charged. Jury Instructions were erroneous as they failed to require proof of the specific crime alleged in the Information. Count I remanded for new trial.

Mayes, Lawrence Lugineus v. State, COCA Case No. F-2005-737 (September 26, 2006)
(Sentence, Excessive; Due Process) Trial court should have informed jury, after a question arose during Second Stage Deliberations, that charge was an 85% crime. Sentence modified.

Miller, Marcus Stephon v. State, COCA Case No. F-2016-229 (November 16, 2017)
(Sentence, Excessive; Due Process) Evidence of prior conviction erroneously presented to jury prior to sentencing determinations. Remanded for resentencing.

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, William John v. State, COCA Case No. RE-2008-880 (October 29, 2009)
(Revocation/Acceleration Decisions; Due Process) Trial court was without jurisdiction to revoke in the case that lacked the proper motion by the State. Reversed.

Padillow, Earnest Eugene v. State, COCA Case No. F-2014-22 (June 9, 2015)
(Due Process) Contempt citation vacated because defendant was not given opportunity to be heard.

Pettit, Rebecca R. v. State, COCA Case No. F-2005-468 (July 18, 2006) (Pro Se; Due Process) No evidence that self-representation at trial was voluntary; appointed counsel removed after a finding that defendant was no longer indigent. Reversed and remanded for new trial.

Petty, Marcus Laquine v. State, COCA Case No. F-2008-438 (June 26, 2009)
(Fines, Fees and Costs; Due Process) Remanded after trial court imposed $5,000 VCA without considering statutory factors.

Pershall, Amon Walden v. State,, COCA Case No. RE-2013-279 (February 21, 2014)
(Revocation/Acceleration Decisions; Due Process) Revocation reversed for violation of 20-day rule.

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.

Ramos, Adan Jr. v. State, COCA Case No. F-2005-363 (June 16, 2006)  (Due Process) Waiver of Jury trial not contained in record. Reversed and remanded for a new trial.

Ranney, Warren Leon v. State, COCA Case No. S-2005-840 (May 18, 2006) (Due Process) State Appeal remanded to vacate order granting motions to dismiss and quash with instructions that when the district court rules again on the motions, that it provide some statement of the basis for the decision.

Revard, John Wesley v. State, COCA Case No. F-2009-614 (September 13, 2010)
(Evidence, Other Crimes; Due Process) Trial court erred in allowing evidence that Appellant rean away when police attempted to arrest him on an unrelated felony warrant, led police on a chase, was observed looking into vehicles for keys, and "probably" stole a local resident’s pickup while eluding officer. This was not res gestae to charged offense and held little, if any relevance, but "simply established Appellant’s bad character." Although harmless beyond reasonable doubt as to guilt/innocence, when combined with other second stage error (admitting exhibits with explicit references to probation), modification was required.

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.

Sanders, Barbara Denise v. State, COCA Case No. RE-2007-850 (July 18, 2008)
(Revocation/ Acceleration; Due Process) Application to revoke not filed in time to invoke District Court’s jurisdiction. Revocation order reversed with instructions to dismiss.

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. Wichert, Sonya Renee, COCA Case No. S-2012-244 (April 8, 2013)
(State Appeals; Due Process) Meth Registry Act could not apply because conviction preceded the effective date of the Act.

Stout, Jesse James v. State, COCA Case No. F-2009-177 (October 8, 2010)
(Due Process; Jury Instructions, Misleading/Confusing) Trial Court erred in allowing the State to amend the Information at the close of trial because change in sentencing range was prejudicial. Counts in question remanded for a new trial.

Terry, Keyion Kaseen v. State, COCA Case No. F-2007-432 (June 17, 2008)
(Due Process) Trial court originally granted a motion to quash the information, but then reconsidered and reinstated the charge upon which defendant was convicted. Trial court lost jurisdiction over the charge once the motion to quash was granted, and only way for prosecution to be reinstated was for State to appeal, or for a new charge to be filed. Reversed with instructions to dismiss.

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.

T.T. v. State, COCA Case No. J-2014-980 (March 16, 2015)
(Juvenile Adjudication/Certification; Due Process) Record insufficient to demonstrate waiver of jury trial was knowingly and intelligently entered. Remanded

Vanmeter, Richard Lloyd v. State, COCA Case No. F-2008-963 (September 24, 2009)
(Drug Court; Due Process) Denial of due process to terminate from Drug Court without filing a Motion to Terminate. Termination from Drug Court reversed with instructions to reinstate.

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.

Wilson, Gregory John v. State, COCA Case No. M-2013-1049 (May 26, 2015)
(Due Process) Reversed and remanded for new trial because no record of a valid waiver of the right to jury trial.