June 2011 Monthly Opinion

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.

Dodson, Kelsey Danielle v. State, COCA Case No. F-2010-422 (June 21, 2011)
(Fines, Fees and Costs) Fine imposed by judge (but not jury) stricken. Court Fund fee vacated; Victim Compensation Assessment remanded for appropriate hearing.

Downs, Eric Dewayne v. State, COCA Case No. RE-2010-293 (June 22, 2011)
(Sentence, Excessive; Revocation/Acceleration) Sentence on revocation exceeded remaining balance of suspended sentence.

Rowan, Jeffrey Eugene v. State, COCA Case No. F-2009-385 (June 3, 2011)
(Evidence, Expert Testimony) Newly discovered evidence that SANE nurse had lost her license due to prescription drug abuse (occurring at time nurse examined child and testified). COCA finds the evidence relevant to credibility and critical to jury’s determination of guilt. Child Sexual Abuse, 35 years, remanded for new trial.