May 2011 Monthly Opinion
Bills, Kassie Lakei v. State, COCA Case No. F-2009-404 (May 5, 2011)
(Jury Selection; Jury Instructions, Other) Preliminary discourse from trial court during voir dire on how to handle potential deadlock was plain error. Reversed and remanded for new trial.
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.
Frye, Bobie Troy v. State, COCA Case No. F-2009-998 (May 5, 2011)
(Jury Selection; Fines, Fees and Costs) Limitation of 30 minutes for Voir Dire not reasonable and an abuse of discretion. In issue of first impression, court finds that non-capital defendants must be allowed to voir dire on sentencing bias (when jurors would consider full range of punishment). Failure to give instruction re: no adverse inference from defendant’s failure to testify, which was requested, is a constitutional and plain error. Imposition of $1,000 fine by court (when jury failed to assess one) was error and must be vacated.
Kifer, Beau Ashley v. State, COCA Case No. RE-2010-600 (May 26, 2011)
(Revocation/Acceleration; Sentence, Excessive) Revocation partially affirmed, but two counts reversed and dismissed. Application was filed after expiration of the sentences.
Morrison, Waymond George v. State, COCA Case No. F-2009-749 (May 12, 2011)
(Double Jeopardy/Double Punishment) Convictions for Distributing CDS and Possession of Proceeds arose from the same act of selling cocaine. Count for Possession of Proceeds reversed with instructions to dismiss.
Sparks, Nathan David v. State, COCA Case No. F-2009-525 (May 13, 2011)
(Evidence, Sufficiency) Second Degree Murder reversed to dismiss. Under the circumstances of the case, the evidence was insufficient for a rational trier of fact to determine Appellant’s conduct was imminently dangerous.
Ward, Markeese Kreashawmn v. State, COCA Case No. C-2010-77 (May 4, 2011)
(Revocation - Drug Court; Sentence, Excessive) After plea of guilty, defendant was ordered to Delayed Sentencing Program for Young Adults but did not successfully complete the program. One year later, trial court gave defendant a second chance to try RID, and sanctioned to five months in County Jail. COCA holds that trial court’s effort to give a "second chance" was, in fact, the time at which sentence was imposed, which could not later be increased.
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.
