Attorney Chiege O. Okwara's Legal Cases

Criminal defense

State of North Carolina v. Gary Clyde Keever

Aug 29, 2014

OUTCOME: Motion for Appropriate Relief Granted; Sentence Reduced.

Gary Clyde Keever, was found guilty by a Mecklenburg County jury of twenty-one (21) counts of Securities Fraud violations and Obtaining Property by False Pretenses. Keever was convicted on Wednesday, A ... pril 20, 2011, after a two and one-half week trial the Mecklenburg County Courthouse. The Honorable H. William Constangy, Superior Court Judge, sentenced Keever to 29 years to 37 years in prison. Keever appealed his sentence to the North Carolina Court of Appeals. The Court of Appeals affirmed his convictions and sentences. Keever subsequently filed a Motion for Appropriate Relief. Chief Resident Superior Court Judge Richard D. Boner ordered that an evidentiary hearing be held only on Defendant's claims of Ineffective Assistance of Counsel. I was appointed to represent Mr. Keever on his Motion for Appropriate Relief. The State and I entered into plea negotiations to resolve this matter without the need for an evidentiary hearing. Keever agreed to plead guilty to all the pending charges. The sentence was be consolidated for judgment in one. Case number 08CRS227720. Defendant is a Prior Record Level III for felony sentencing. Keever received an active sentence in the presumptive range of minimum of 116 months and a maximum of 149 months to be served in the North Carolina Division of Adult Corrections, with credit for all the time he had previously served in pretrial confinement. Thus, his sentence of to 29 years to 37 years in prison was reduced to 9.66 years to about 12 ½ years.

Criminal defense

State of North Carolina v. Kelvyn Vales-Contreras

Jul 17, 2014

OUTCOME: ACQUITTED OF MOST THE SERIOUS FELONIES (3 Counts of First Degree Rape)

First Degree Rape (Not Guilty) First Degree Rape (Not Guilty) First Degree Rape (Not Guilty) Sex Offense (Parental Role) (Guilty) Indecent Liberties with a Minor (Guilty) Indecent Libertie ... s with a Minor (Guilty) Indecent Liberties with a Minor (Guilty)

Criminal defense

State of North Carolina v. Timothy Lawing

May 08, 2014

OUTCOME: FOUND NOT GUILTY OF BEING A HABITUAL FELON

Felony Breaking and Entering (Motion to Dismiss Allowed) Felony Larceny after Breaking and Entering (Guilty) Habitual Felon (Not Guilty)

Juvenile law

IN THE MATTER OF: K.A., E.A., K.A., Nos. 12 JA 704–06

Apr 01, 2014

OUTCOME: I represented Respondent Mother in Juvenile Court in this Abuse/Neglect/Dependency Proceedings. The decision of the trial court was reversed by the North Carolina Court of Appeals.

Quoting from the decision of the Court of Appeals: "Respondent-Mother appeals from the trial court’s adjudication and disposition orders on grounds that the trial court (1) erroneously found that Respo ... ndent-Mother was collaterally estopped and/or barred by the doctrine of res judicata from litigating the allegations in the petition that were addressed in the 19 September 2012 civil custody order or, in the alternative, (2) failed to make sufficient findings of fact to support its adjudication order. We reverse the adjudication and disposition orders on grounds that the trial court erred by invoking the doctrine of collateral estoppel and remand for further proceedings consistent with this opinion. "... "...When counsel for the father sought to halt questioning on the issue of the alleged abuse, counsel for Respondent-Mother made a clear, cogent argument for why she objected to the trial court’s application of the collateral estoppel rule. Afterward, the court specifically ruled against her. As the hearing continued, counsel for Respondent-Mother maintained that she did not believe her line of questioning was barred by the doctrines of res judicata or collateral estoppel. Indeed, a reading of counsel’s closing argument in context makes it clear that she “accepted” the trial court’s ruling only to the extent that she had to do so in order to try the case, not because she believed the ruling was correct. For these reasons, we hold that this issue was properly preserved for appellate review under Rule 10. Therefore, YFS’s preservation argument is overruled. ..."

Criminal defense

State of North Carolina v. Anthony Coleman

Dec 18, 2013

OUTCOME: REMANDED FOR A NEW TRIAL AFTER APPEAL

Level III Trafficking in Heroin: Guilty Conspiracy to Traffic in Heroin: Guilty verdicts on December 10, 2010 Notice of Appeal Filed Defendant's convictions were reversed and the cases were remanded ... matter for a new trial by the North Carolina Court of Appeals on May 21, 2013 The North Carolina Supreme Court rejected the State’s Petition For Discretionary Review on December 18, 2013

Criminal defense

State of North Carolina v. Anthony Coleman., No. COA 12–946. Decided: May 21, 2013

May 21, 2013

OUTCOME: I represented Mr. Coleman in Superior Court during the trial of this action. Convictuion and sentence reversed on appeal. New Trial ordered by the North Carolina Court of Appeals.

Quoting from the decision of the Court of Appeals: "Where the trial court failed to adequately instruct the jury on the law as it applied to the material facts of this case, we hold the failure amounts ... to plain error. Defendant is entitled to a new trial....Defendant argues that the trial court erred by failing to instruct the jury on the law of guilty knowledge. Specifically, defendant contends that the trial court erred in failing to instruct the jury in accordance with the pattern jury instructions regarding circumstances where a defendant contends he did not know the true identity of what he possessed. We agree....During the charge conference, the trial court stated that on the charges of trafficking by possession and trafficking by transportation, it would instruct the jury in accordance with North Carolina pattern instructions—N.C.P.I, criminal 260.17 and 260.30. Defendant asked if the trial court would “give the usual instruction about knowing.” During the subsequent exchange, the trial court gave no indication that it would include the language contained in footnote 4 of both N.C.P.I, criminal 260.17 and 260.30, addressing scenarios where a defendant contends that he did not know the true identity of what he possessed....Certainly the evidence presented and arguments of counsel put the jury on notice that a critical issue in this case was whether defendant knew that what he possessed was heroin; however, the trial court's failure to instruct the jury that in order to find defendant guilty it must find that he knew what he possessed was heroin, when viewed after examining the whole record meets the standard for plain error. Accordingly, we reverse defendant's convictions and remand this matter for a new trial...."

Criminal defense

State of North Carolina v. Darryl Whiteside

May 08, 2013

OUTCOME: ACQUITTED OF ALL CHARGES

Darryl Whiteside was tried for 1) robbery with a dangerous weapon and 2) conspiracy to commit robbery with a dangerous weapon. The jury returned verdicts of not guilty on both charges.

Criminal defense

State of North Carolina v. Kinchen Lee, Jr.

Dec 20, 2012

OUTCOME: ACQUITTED OF ALL FELONIES

Sale of Cocaine (Not Guilty) Possession with the Intent to Sell or Deliver Cocaine (Not Guilty) Delivery of Cocaine (Not Guilty) Sale of Marijuana (Not Guilty) Possession with the Intent to Sell ... or Deliver Marijuana (Not Guilty) Delivery of Marijuana (Not Guilty) Simple Possession of Marijuana (Guilty) 15 day sentence; credit for time served

Criminal defense

State of North Carolina v. Trayon Glover

Sep 14, 2012

OUTCOME: ACQUITTED OF ALL CHARGES

Loitering for Drug Activity (Voluntary Dismissal before Jury was Empaneled) Sale of Marijuana (Not Guilty) Possession with the Intent to Sell or Deliver Marijuana (Not Guilty) Delivery of Marijuana ... (Not Guilty)

Federal crime

United States of America v. Damien Cosme Cisneros

Aug 13, 2012

OUTCOME: MOTION TO DISMISS Money Laundering is granted by the Court: Acquitted of Drug Conspiracy Count: NOT GUILTY

CONSPIRACY TO DISTRIBUTE NARCOTICS; CONSPIRACY-DISTRIBUTION OF AND POSSESSION WITH INTENT TO DISTRIBUTE COCAINE; MONEY LAUNDERING

Chiege O. Okwara's Legal Cases (46)

State of North Carolina v. Gary Clyde Keever

State of North Carolina v. Kelvyn Vales-Contreras

State of North Carolina v. Timothy Lawing

IN THE MATTER OF: K.A., E.A., K.A., Nos. 12 JA 704–06

State of North Carolina v. Anthony Coleman

State of North Carolina v. Anthony Coleman., No. COA 12–946. Decided: May 21, 2013

State of North Carolina v. Darryl Whiteside

State of North Carolina v. Kinchen Lee, Jr.

State of North Carolina v. Trayon Glover

United States of America v. Damien Cosme Cisneros