July 2014 Monthly Opinion

Adkins, James Elliot Jr. v. State, COCA Case No. RE-2013-409 (July 1, 2014)
(Revocation/Acceleration Decision; Sentence, Excessive) Revocation affirmed but remanded for entry of order deleting denial of good time credits.

Bradberry, Daniel Wesley v. State, COCA Case No. RE-2013-635 (July 9, 2014)
(Revocation/Acceleration; Abuse of Discretion; Sentence, Excessive) Abuse of discretion to revoke life sentences in full for the type of violations alleged, the most important being a failure to report. Revocation order modified to ten years.

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.

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.

J.L. v. State, COCA Case No. J-2014-326 (July 31, 2014)
(Juvenile Adjudication/Certification) Adjudication affirmed but charge modified from Assault and Battery with Dangerous Weapon to Assault and Battery.

Martin, Dustin Kyle v. State, COCA Case No. F-2012-1029 (July 31, 2014)
(Juror Instructions, Lesser Offenses; Double Jeopardy/Double Punishment) Error to convict for Second Degree Murder and Accessory to Second Degree Murder for the same homicide. Accessory count reversed with instructions to dismiss.

State v. Fowler, Travis Ray, COCA Case No. S-2013-790 (July 1, 2014)
(State Appeals; Evidence, Other Crimes) District court’s ruling excluding other crimes evidence affirmed.

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.