Greer, Rashawn,
F-1998-1087, (Feb. 4, 2000)
(Evidence, Gruesome Photographs, Ineffective Assistance of Counsel)
Guevara, Jorge Alberto Guevara v. State, COCA Case No.F-2014-253
(May 19, 2015)
(Ineffective Assistance of Counsel) Reversed and remanded for new trial because
trial counsel had conflict in representing both clients in a joint trial.
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.
Hargis, Jeff Leon v. State, COCA Case No.
RE-2004-1015 (January 19, 2006)
(Revocation/Acceleration Decisions; Ineffective Assistance of Counsel) Appellant
did not meet the statutory elements required and could not have committed Rape
in the First Degree. Remanded with instructions to vacate and dismiss.
Hargrove, Steven Randel v. State, COCA Case No.
F-2004-666 (June 8, 2005)
(Ineffective Assistance of Counsel) Details of prior offenses improperly
admitted. Counsel’s failure to seek exclusion of this information constituted
deficient performance and the imposition of the maximum sentence might have been
influenced by this information. Sentence modified.
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.
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.
Hilton, Kevin v. State, COCA Case No. C-1999-762,
(Nov. 22, 1999)
(Guilty Plea, Attorney Conflict of Interest)
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."
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.
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.
Hudson, James Michael v. State, COCA Case
No. F-2003-1266 (December 21, 2004)
(Judge, Recusal; Ineffective Assistance of Counsel; Sentence, Abuse of
Discretion) Sentences modified to run concurrent because of judicial bias. Trial
counsel ineffective for failing to ask judge to recuse. Prejudice found in
consecutive sentences.
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.
Jacks, Shawn William v. State, COCA Case No.
F-2003-315 (June 21, 2004)
(Ineffective Assistance of Counsel) Defense counsel’s theory of the case was
tantamount to confessing guilt. Reversed and remanded for new trial.
J.F.M. v. State, COCA Case No.
J-2005-549 (September 2, 2005)
(Youthful Offender; Ineffective Assistance of Counsel) Counsel representing
14-year-old for first degree murder rendered ineffective assistance of counsel
for failing to have an expert prepared to assist in meeting the juvenile’s
burden of proof of amenability for treatment as Youthful Offender. Reversed for
new hearing.
Johnson, Mark Wayne v. State, COCA Case No.
F-2004-914 (March 28, 2006) (Ineffective Assistance of Counsel) Reversed for new trial based on trial
counsel’s failure to hire appropriate experts, violation of in limine ruling,
failure to make offers of proof and ensure proper record made of bench
conferences, failure to provide authority to trial court and failure to properly
cross-examine witness.
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.
Jones, Edward Q. v. State, COCA Case No.
RE-2010-0510 (May 7, 2010)
(Ineffective Assistance of Counsel; Revocation/Acceleration Decisions)
Appellant has a statutory right to be represented by counsel at a revocation
hearing. Remanded for a new hearing with Appellant to be represented by counsel
or a valid waiver in the record.
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.
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.
Leggett, Lourinda (Givens) v. State, COCA Case No. F-2000-321
(July 15, 2003)
(Ineffective Assistance of Counsel) Trial counsel ruled ineffective for
failing to use expert to substantiate battered woman theory at trial. Reversed
and Remanded for new trial.
Matson, Keith William v. State, COCA Case No.
F-2004-1124 (March 10, 2006)
(Bench Trial; Ineffective Assistance of Counsel) Trial court committed
reversible error when it deprived defendant of his right to a closing argument
and when it pronounced verdict in defendant’s absence. Trial counsel was
ineffective for failing to protect client’s rights. Reversed and remanded for
new trial.
Marriott, James v. State, COCA Case No. C-1998-842,
(June 11, 1999)
(Guilty Plea, Ineffective Assistance of Counsel)
Maxwell, Montain Lamont v. State, COCA Case No. F-2001-1514
(March 20, 2003)
(Ineffective Assistance of Counsel) Prosecutor cross-examined Appellant
about post-arrest silence. "It is fundamentally unfair and a deprivation of
due process to allow the arrested person's silence to be used to impeach an
explanation subsequently offered at trial." Trial counsel's failure to
object to prosecutor's misconduct amounted to IAC. Reversed and remanded for new
trial.
McCollum, William v. State, COCA Case No. F-2001-528
(November 21, 2002)
(Ineffective Assistance of Counsel) Trial counsel failed to cross examine
bias of two state's witnesses, even though the bias was apparent from transcript
of earlier trial (which ended in a mistrial). Reversed and remanded for new
trial.
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, Tucker Ryan v. State, COCA Case No.
F-2015-393 (December 2, 2016)
(Youthful Offender; Ineffective Assistance of Counsel; Sentence, Excessive)
Counsel ineffective by failing to present evidence and argument relating to the
imposition of a sentence of life without the possibility of parole on a juvenile
offender. Remanded for resentencing. Companion case for Luna v. State, 2016 OK
CR 27.
Monaco, Anthony Frank v. State, COCA Case No.
C-2010-260 (July 20, 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 on motion.
Mountain, John v. State, COCA Case No. C-1998-1455,
(Aug. 23, 1999)
(Guilty Plea, Ineffective Assistance of Counsel)
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.
Newton, David Jewel v. State, COCA Case No.
F-2002-1546 (January 9, 2004)
(Jury Selection; Ineffective Assistance of Counsel) Failure to excuse police
officer from sitting on jury was error by the trial court and IAC. Conviction
for Rape and 458 year sentence reversed and remanded for new trial.
Noble, Steven Edward v. State, COCA Case No.
F-2002-1540 (June 23, 2004)
(Ineffective Assistance of Counsel; Jury Instructions - Misleading/Confusing)
Trial Counsel failed to present available evidence to negate an element of the
charged offense. Trial court erred in instructing on the range of punishment for
possession of firearm afcf. Sentences modified to run concurrently rather than
consecutively.
Nuckols, Jackie v. State, COCA Case No. F-1999-1615,
(April 18, 2001)
(Cumulative Error, other crimes, stale prior convictions, deficient
performance by counsel)
O’Neal, Gregory Antwon v. State, COCA Case No.
F-2013-958 (April 5, 2016)
(Ineffective Assistance of Counsel) Counsel failed to object to prosecutor’s
"theatrical presentation" in closing. Reversed for resentencing.
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.
Peace, Robert Lee v. State, COCA Case No.
F-2005-1145
(May 3, 2007)
(Ineffective Assistance of Counsel) Court finds "no reasonable trial
strategy in defense counsel’s failure to claim that Appellant’s prior felony
convictions, occurring against the same victims on the same day in the same
county of Arkansas, were transactional." Sentence modified from 35 years to 25
years.
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.
Phenix, Mario Lenard v. State, COCA Case No.
F-2012-567 (September 23, 2013)
(Evidence, Other Crimes; Sentence, Excessive; Ineffective Assistance of Counsel)
Evidence of prior felony convictions may have influenced jury’s sentence for
Murder I, requiring modification. Modified from LWOP to Life. Comment as to
probation also required modification.
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.
Richardson, James S. v. State, COCA Case No.
F-2004-389 (March 27, 2006) (Ineffective Assistance of Counsel) Trial counsel found ineffective for
failing to discover and use exculpatory evidence. Reversed and remanded for new
trial.
Richardson, Quinton Blake v. State, COCA Case No.
RE-2013-939 (October 23, 2014)
(Revocation/Acceleration Decisions; Ineffective Assistance of Counsel) Counsel
appointed for revocation hearing had conflict of interest because had previously
represented witness who testified against client. Remanded for hearing with new
counsel.
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.
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.
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.
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.
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.
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.
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.
Stigleman, Aaron Mitchell v. State, COCA Case No.
F-2013-1129 (October 30,
2015)
(Ineffective Assistance of Counsel) Counsel ineffective for failing to secure
expert for insanity defense. Reversed and remanded for new trial.
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.
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.
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.
Vernon, Mark Tracey v. State, COCA Case No.
F-2011-661 (August 8, 2013)
(Ineffective Assistance of Counsel) Five counts of rape, one count of sodomy
reversed and remanded for new trial because counsel failed to impeach witness
and to use other available evidence to demonstrate motive to testify falsely.
Vivier, Eugene v. State, COCA Case No. C-2001-225,
(Sept. 6, 2001)
(Guilty Plea, Ineffective Assistance of Counsel)
Walker Jr., Ernest,
F-1999-442, (Sept. 13, 2000)
(Ineffective assistance of counsel)
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.
Washington, Maurice Cortez Jr. v. State, COCA Case No.
F-2013-326 (February 25,
2014)
(Ineffective Assistance of Counsel; Sentence, Excessive) Sentence modified
because probation and parole was injected into closing arguments.
Webb, Karyn Jo v. State, COCA Case No. F-2001-985 (August
29, 2002)
(Ineffective Assistance of Counsel.) IAC for failure to get medical expert
and utilize available character evidence. Reversed and remanded for new trial.
Welch, Fred Bennett v. State, COCA Case No.
F-2007-993 (March 27, 2009)
(Ineffective Assistance of Counsel; Evidence, Other Crimes) Counsel ineffective
for promising Defendant would testify, then not calling him as a witness. Also,
other crimes evidence regarding alleged molestation of child not admissible when
crime charged involved an adult victim. Reversed and remanded for new trial.
White, Byron Lynn v. State, COCA Case No. C-2001-1425 (May
30, 2002) rec'd 9-02
(Ineffective Assistance of Counsel. ) Petitioner was denied constitutional
right to due process because the hearing on Motion to Withdraw Plea was
conducted in his absence and counsel made no argument in support of the
application. Remanded for proper hearing on application to withdraw guilty plea.
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.
Williams, Kathleen v. State, COCA Case No. RE-2000-1512, (Oct.
30, 2001)
(Revocation, Right to Counsel free from conflict, Defense counsel was
previous DA)
Williams, Michael Joe v. State, COCA Case No. F-2000-1247
(February 18, 2003)
(Ineffective Assistance of Counsel) Counsel's performance deficient for
refusing to assist client in plea bargain (that would have resulted in a 10 year
sentence), and telling client he either had to get other counsel (to take plea
agreement), or go to trial. Prejudice shown by lost opportunity to pursue that
plea bargain and resulting LWOP sentence at trial. Sentence modified to Life
with Possibility of Parole.
Willis, Mario D’Shane v. State, COCA Case No.
F-2004-67 (April 6, 2006)
(Ineffective Assistance of Counsel) Trial counsel failed to develop evidence
available at trial indicating that the sole eyewitness misidentified Appellant.
Judgment and Sentence reversed.
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.
Winrow, John Calvin Jr. v. State, COCA Case No.
F-2009-774 (December 17, 2010)
(Sentence, Excessive; Ineffective Assistance of Counsel) Court finds it
"objectively unreasonable for defense counsel not to give any second-stage
closing argument and, in particular, not to make some kind on sentencing request
of the jury." Counsel was also ineffective for failing to "more diligently
pursue concurrent sentences..." Remanded to determine whether sentences should
run concurrently or consecutively
Wise, Twilia Renae v. State, COCA Case No.
F-2009-1110 (May 4, 2011)
(Ineffective Assistance of Counsel) Trial counsel was ineffective for
failing to adequately cross examine accomplices on their credibility and
motivation to lie (they had only been charged with burglary, when could have
been charged with Murder 1). Reversed and remanded for new trial.
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.