September 2011 Monthly Opinion
Caswell, Janice D. v. State, COCA Case No. C-2010-1139 (September 23, 2011)
(Guilty Plea Decisions) Trial court failed to conduct hearing on the application to withdraw plea. Remanded for evidentiary hearing.
Chance, Lonnie Sie v. State, COCA Case No. F-2010-1123 (September 23, 2011)
(Fines, Fees and Costs; Prosecutorial Misconduct; Sentencing, Excessive; Evidence, Other Crimes) Error in the introduction of prior J&S and "pen pack" with improper references to pardon and parole combined with prosecutor’s argument was plain error requiring modification. Misdemeanor sentence modified because it was not subject to enhancement. Remanded for restitution hearing to determine actual loss.
Cullins, Rodney Gene v. State, COCA Case No. C-2010-1113 (September 8, 2011)
(Fines, Fees and Costs; Guilty Plea Decisions) $50,000 fine was not authorized by statute; modified to $10,000.
K.T.L. v. State, J-2011-462 (September 27, 2011)
(Juvenile Adjudication/Certification; Abuse of Discretion) District Court’s order denying motion for certification as a juvenile was an abuse of discretion where substantial evidence supported K.T.L.’s motion to be treated as a juvenile. Reversed and remanded for certification as a juvenile.
Myrie, Antonio Catalino Jr. v. State, COCA Case No. F-2009-1142 (September 1, 2011)
(Sixth Amendement; Abuse of Discretion) Trial court’s denial of continuance and failure to ensure counsel were provided preliminary hearing transcripts prior to trial resulted in denial of transcripts to defendant constitutionally entitled to them. Also abuse of discretion found in joinder of two separate cases arising from property crimes more than two months apart. Reversed and remanded for new trial.
Seals, Shea Brandon v. State, COCA Case No. S-2011-208 (September 29, 2011)
(State Appeals; Search and Seizure) Trial court’s ruling finding no probable cause for traffic stop upheld. Evidence supported finding that car did not cross the marked line "for any appreciable amount of time."
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.
Stewart, Lawrence Grant v. State, COCA Case No. F-2010-615 (September 1, 2011)
(Double Jeopardy/Double Punishment) Conviction of parent for child sexual abuse, in addition to convictions for individual sex offenses, constitute double punishment. Count reversed with instructions to dismiss.
Strong, Joe Reaner v. State, COCA Case No. F-2009-1181 (September 2, 2011)
(Jury Instructions/Lesser Offenses) Second Degree Felony Murder with child neglect as underlying felony reversed and remanded for new trial because trial court failed to instruct on defense theory of second degree manslaughter.
Walker, Julius Jerome v. State, COCA Case No. C-2010-1129 (September 28, 2011)
(Guilty Plea Decisions; Double Jeopardy/Double Punishment) One count of A&B with Dangerous Weapon Reversed with Instructions to Dismiss as a Section 11 double punishment error because it "was based upon the same general act which formed part of the basis for the crime charged" in another count.
Wilkes, Darren Casey v. State, COCA Case No. C-2011-51 (September 2, 2011)
(Guilty Plea Decisions) Certiorari must be granted because term of negotiated plea was participation in RID program, but DOC rejected defendant for the program.
