June 2013 Monthly Opinion
Arndt, Joseph Randal v. State, COCA Case No. F-2011-473 (June 25, 2013)
(Sixth Amendment) Plain error for trial court to deny opportunity for cross-examination of co-defendant’s testimony. Reversed and remanded for new trial.
Choxmis, Juan Gabriel v. State, COCA Case No. C-2012-664 (June 14, 2013)
(Guilty Plea Decisions; Right to Counsel) Remanded to district court for appointment of conflict-free counsel to litigate the motion to withdraw plea.
Conner, Joseph Dewayne v. State, COCA Case No. C-2012-686 (June28, 2013)
(Guilty Plea Decisions; Sentence, Excessive) Petitioner misadvised of punishment range before entering plea. Certiorari granted in misadvised count.
D.I.S. v. State, COCA Case No. J-2013-0130 (June 14, 2013)
(Juvenile Adjudication/Certification; Evidence, Sufficiency) Adjudication on three counts of A&B with Dangerous Weapon vacated with instructions to dismiss due to insufficient evidence.
Mirich, Samuel David v. State, COCA Case No. RE-2011-606 (June 14, 2013)
(Revocation/Acceleration Decisions; Evidence, Sufficiency) State failed to prove finality of conviction relied upon as probation violation.
Mitchell, Emanuel D. v. State, COCA Case No. F-2011-606 (June 20, 2013)
(Sixth Amendment; Pro Se) Trial court erroneously denied defendant’s request to proceed pro se. First Degree Murder reversed and remanded for new trial.
Newton, Jermaine Richard v. State, COCA Case No. RE-2011-710 (June 3, 2013)
(Revocation/Acceleration Decisions; Sentence, Excessive) Ten year sentence revoked in full modified to time served.
Norwood, Douglas Raymond v. State, COCA Case No. RE-2011-606 (June 4, 2013)
(Revocation/Acceleration Decisions; Sentence, Excessive) Revocation affirmed, but remanded for correction of unlawful lengthening of sentence.
Phillips, Scott Allen v. State, COCA Case No. F-2011-606 (June 20, 2013)
(Abuse of Discretion) Abuse of discretion for the district court to refuse to consider the suspension of sentence. Remanded for consideration of request for suspended sentence.
State v. Armstrong, Frank Lee, COCA Case No. S-2012-553 (June 12, 2013)
(State Appeals; Abuse of Discretion) Trial court did not abuse discretion in suppressing evidence when warrant was not executed immediately or with all due haste as ordered.
State v. Brooke, Robert, COCA Case No. S-2012-719 (June 14, 2013)
(State Appeals; Abuse of Discretion) Trial court did not abuse discretion refusing to require imprisonment or impatient treatment under 47 O.S. Section 902(C)(2).
State v. Johnson, Sheila Carol, COCA Case No. S-2012-554 (June 12, 2013)
(State Appeals; Abuse of Discretion) Trial court did not abuse discretion in suppressing evidence when warrant was not executed immediately or with all due haste as ordered.
