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| State Post-Conviction |
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David Jeffrey Brown v. State,
No. PC-2006-638 (Okl.Cr., February 28, 2007) (unpublished): Ineffective Assistance of Counsel; State Post-Conviction: This is a very interesting state post-conviction appeal that wins on IAC. Brown was convicted in Tulsa County on a count of Manufacturing CDS, Possession of Counterfeit Bill, and Larceny by Fraud. He was sentenced to 20 years, appealed, and was denied. In this post-conviction appeal, Judge Caroline E. Wall, Tulsa, found multiple and egregious instances of trial counsel deficient performance, including failure to move to suppress evidence that would have been sustained(!), failure to move for a severance, failure to object to any of the State's evidence (including affirmatively admitting the affidavit in support of the warrant which contained damaging information), and arguing in his summation that there was "only a minimal amount of methamphetamine as a result of the manufacturing" which, of course, was an admission to the offense charged. Although Judge Wall found all these things, she refused to find prejudice because the Oklahoma Court of Criminal Appeals failed to grant relief on direct appeal. However, in this appeal, the Court GRANTED RELIEF, holding that there was deficient performance and prejudice as a result; and that the opinion on direct appeal was not controlling because these issues were either not raised on direct appeal or were otherwise waived for failure to object at trial (trial counsel also did the direct appeal). This is a superb win in a non-capital post-conviction case although the Court fractured 3-2, with Judges Lumpkin and Lewis, dissenting.
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