OKLAHOMA
Indigent Defense System

 

 

 

 

 

 

 

   INEFFECTIVE ASSISTANCE OF COUNSEL

 

 

Ammons, Will, IV v. State, COCA Case No. C-1999-556, (Oct.19, 1999)
(Guilty Plea, Right to counsel, conflict of interest).

Banks, Talisa Nicole v. State, COCA Case No. C-2018-415 (October 31, 2019)
(Guilty Plea Decicions; Ineffective Assistance of Counsel) Error for same counsel at plea and motion to withdraw plea hearings. Remanded for appointment of conflict-free counsel and new hearing on motion to withdraw plea.

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.

Barrett, Randy DeWayne v. State, COCA Case No. F-2002-1351 (April 15, 2004)
(Ineffective Assistance of Counsel) Trial counsel’s misinformation regarding parole eligibility induced Barrett to waive lesser included offense instructions, which he was clearly entitled to receive. Reversed and remanded for new trial.

Barry, Michelle Ann v. State, COCA Case No. F-2007-336 (September 25, 2008)
(Ineffective Assistance of Counsel) Trial counsel’s failure to even attempt to limit the admission of highly prejudicial evidence at trial was unreasonable and deficient. Reversed and remanded for a new trial.

Baucom, Larnell v. State, COCA Case No. C-1999-766, (June 12, 2001)
(Guilty Plea, Ineffective Assistance of Counsel)

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, David Jeffrey v. State, COCA Case No. PC-2006-0638 (February 28, 2007)
(Ineffective Assistance of Counsel) Post Conviction relief granted on basis of IAC. Same attorney handled trial and appeal, new counsel handled post conviction proceedings. Remanded for new trial.

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.

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.

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.

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.

Countryman, Steven Dale v. State, COCA Case No. F-2006-341 (August 7, 2007)
(Ineffective Assistance of Counsel) Trial counsel ineffective for failing to communicate plea offers to Defendant. Sentences modified.

Cruz-Brizuela, Jacinto Ingacio v. State, COCA Case No.F-2014-279 (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.

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.

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.

Dial, William v. State, COCA Case No. C-1999-1678, (July 25, 2000)
(Guilty Plea, Right to Counsel, conflict of interest)

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).

Ealey, Val v. State, COCA Case No. C-1999-722, (Jan. 24, 2000)
(Guilty Plea, Knowing and Voluntary, mistake of law by court & counsel)

Ezell, James Rickey v. State, COCA Case No. F-2000-1543 (January 11, 2002)
(Ineffective Assistance of Counsel - Trial counsel’s performance deficient in second stage for failing to object to admission of three transactional prior convictions; 70-year sentence for possession of only slightly more than minimum required for trafficking crack cocaine modified to 40 years.)

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.

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).

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.

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, v. State, COCA Case No. C-2000-35, (April 18, 2001)
(Guilty Plea, Plea Entered on Advice that it Could be Withdrawn)

Graves, Arthur Gerald v. State, COCA Case No. F-2004-688 (January 20, 2006)
(Ineffective Assistance of Counsel) Trafficking conviction reversed and remanded for new trial. Counsel team worked at cross-purposes in law and argument.

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.