MITCHELL v. STATE
387 P.3d 934
Okla. Crim. App.2016Background
- Mitchell and co-defendant recruited two teenagers to rob a pharmacy; the robbery resulted in multiple shootings and Parker’s death. Mitchell drove the getaway car and was found near the abandoned vehicle; he denied involvement.
- Originally convicted at trial, Mitchell’s first conviction was reversed because he had been denied the right to self-representation; on remand he represented himself at retrial with standby counsel appointed.
- Jury convicted Mitchell of first-degree murder (felony murder), conspiracy to commit robbery with a dangerous weapon (with prior felonies), and unauthorized use of a motor vehicle; judge imposed consecutive terms including life without parole for murder.
- On appeal Mitchell raised ten propositions: challenging the voluntariness of his pro se waiver, limits on standby counsel, use of felony-murder doctrine, sufficiency/corroboration of accomplice testimony, jury instructions on attempted robbery, use of a concealed “shock sleeve,” admission of prior-conviction evidence, sentencing, and cumulative error.
- The Court reviewed each claim (often under plain-error review where no objection was made) and affirmed the convictions and sentences in full.
Issues
| Issue | Mitchell’s Argument | State’s Argument | Held |
|---|---|---|---|
| Self-representation waiver | Trial court failed to ensure waiver was knowing, voluntary; wanted counsel | Court warned Mitchell of dangers, appointed standby counsel, Mitchell repeatedly chose to go pro se | Waiver valid; Mitchell knowingly and competently elected to proceed pro se |
| Standby counsel participation | Bridge should have been allowed greater active participation or to take over | Standby counsel must not control the case; limits preserve defendant’s pro se right | No abuse of discretion; court properly delineated standby role |
| Felony-murder doctrine | Doctrine should not apply | Companion precedent supports application where underlying felony (attempted robbery) present | Claim previously rejected and procedurally barred here |
| Corroboration of accomplice (Ingram) | Ingram’s testimony insufficiently corroborated | Surveillance, witness accounts, physical evidence tied Mitchell to getaway car and events | Corroboration sufficient; evidence supports felony-murder conviction |
| Jury instructions on attempted robbery/attempt | Omission of specific attempt instruction violated right / was fundamental error | Instructions given (OUJI-based) adequately defined attempted robbery as used for felony-murder | No plain error; instructions correctly stated applicable law |
| Restraints (shock sleeve) | Use deprived him of fair trial / was visible/coercive | Sleeve concealed, not activated; court had reason (prior courtroom attack) and made findings | No prejudice; use appropriate and agreed to by Mitchell; no plain error |
| Admission of prior convictions and sentencing evidence | Prior convictions from same transaction improperly admitted; sentencing evidence prejudicial | State limited charging to two priors; exhibits largely proper; suspended-sentence language was error but harmless | No prejudicial error; harmless admission of suspended-sentence language; sentences not excessive |
| Cumulative error | Multiple errors combined denied fair trial | Most claims lacked merit; no single error found | No cumulative error where no individual errors affected outcome |
Key Cases Cited
- Faretta v. California, 422 U.S. 806 (1975) (recognizing constitutional right to self-representation)
- Godinez v. Moran, 509 U.S. 389 (1993) (competency standard for waiving counsel same as for standing trial)
- McKaskle v. Wiggins, 465 U.S. 168 (1984) (limits on standby counsel to preserve defendant’s control of trial)
- Deck v. Missouri, 544 U.S. 622 (2005) (restraints visible to jury presumptively unconstitutional absent necessity)
- Mathis v. State, 271 P.3d 67 (Okla. Crim. App. 2012) (requirements for warnings and appointment of standby counsel when defendant elects self-representation)
- Simpson v. State, 230 P.3d 888 (Okla. Crim. App. 2010) (accomplice corroboration principles)
- Hogan v. State, 139 P.3d 907 (Okla. Crim. App. 2006) (plain-error framework and analysis)