Habeas Relief Granted Where Plea Colloquy Showed Def. Did Not Understand "Depraved Mind" Element of Charge

Hicks v. Franklin, -- F.3d --, 2008 WL 4900135 (10th Cir. 11/17/08) - reversal of denial of habeas relief!!! State court's holding that Mr. Hicks voluntarily pled to second degree murder was an unreasonable application of clearly established law. Mr. Hicks was charged with first degree murder stemming from the death of his wife from a fire that took place after someone other than Mr. Hicks placed on a hot plate a jar of flammable liquid left from a methamphetamine cook Hicks conducted a couple hours earlier. Just before trial, the charge was amended to second degree murder, which under Oklahoma law includes an element of conduct evincing a depraved mind in extreme disregard of human life. The plea colloquy made clear that Hicks did not understand that element and the court's explanation suggested the charge lacked a mens rea requirement. Because Hicks did not receive true notice of the depraved mind element, which is a critical element of the offense to which he pled, his plea was involuntary.