APPEAL - State v. Greene

Oliver Knight

Date Filed: 11th July, 2025
Client name: Nycole Greene
Client #: 5554320
Lawyer name: Oliver Knight
Lawyer phone number#:5547616
AR #: 37505
Arresting Officer(s): Jodie Sinclair
Availability: NA
Date of Incident: 27th June, 2025
What they plead: No Contest
State what charge(s): Obstruction of Justice
Provide reasoning for appeal: My client was engaged in a lawful and constitutionally protected act of assembly pursuant to the First Amendment when a deputy drove a vehicle through a clearly marked parade route and struck her. Such conduct does not meet the legal standard for obstruction of justice.

Magistrate HC Blake Moore

@Oliver Knight Why are you appealing a No Contest plea?

580 A. Sharpe

Sergeant Arthur Sharpe for the State.

A No Contest plea was entered, and has been further clarified by the defendant's attorney, that means they are admitting guilt. The State wishes to ask why we would entertain an appeal on a No Contest plea. Nycole Greene has an extensive enough criminal history that she is aware of the pleas she can enter.

Magistrate HC Blake Moore

580 A. Sharpe Agreed. No good reason for this has been provided. No contest pleas are used for specific reasons. This appeal is dismissed.

@Oliver Knight

Oliver Knight

MOTION TO WITHDRAW PLEA AND ENTER A PLEA OF NOT GUILTY
I apologize for the time it has taken for this to be posted. However Defense counsel, on behalf of the Defendant, respectfully moves this Court for an order permitting the withdrawal of the previously entered plea of no contest and allowing the Defendant to enter a new plea of not guilty. In support of this motion, counsel states as follows:

The Defendant entered the plea while under extreme emotional and physical distress, having recently been struck by a vehicle and requiring medical treatment. This incident left the Defendant in a state of shock at the time of the plea.Additionally, the Defendant was subjected to harassment and intimidation by the arresting officer, which contributed to the confusion and pressure under which the plea was made.The Defendant was unrepresented by counsel when entering the plea and, having minimal experience with the legal system, did not fully understand the consequences of a no contest plea — including that such a plea generally waives the right to appeal. The plea was not made knowingly, or with informed legal advice. It was made under circumstances that unfairly prejudiced the Defendant and deprived her of a fair opportunity to present her case.The Defendant maintains her innocence and seeks the opportunity to have her day in court. She asserts that the officer acted unjustly, and she should be allowed to present a full defense to the charges against her.

Defense counsel respectfully asks this Court to grant the motion and allow the Defendant to withdraw her previous plea of no contest and enter a plea of not guilty, so the matter may proceed to trial on the merits.

Respectfully submitted,Dated: 7-15-2025

Oliver Knight
@Magistrate HC Blake Moore

580 A. Sharpe

Again, Sergeant Arthur Sharpe for the state:

Let's first examine the point of having no counsel - it wasn't requested, the defendant was informed of her rights and opted to not call for any form of legal representation. Nycole Greene has been arrested enough times to be familiar with the system as to what is and isn't possible while under custodial detention. Nycole Greene was directly offered by my Deputy, Jodie Sinclair (her arresting officer) to serve time in the cells so she could return to what she was doing beforehand as soon as possible; this was refused. Every consideration was shown to the defendant at the time of arrest, she was provided with medical treatment and seemingly cleared by SAMS.

Wanting to renege on a No Contest plea and dispute a charge might be something the State would entertain for a first time offender, but Miss Greene is not a first time offender. The State believes it sets a poor precedent to afford individuals the opportunity to amend their pleas post-arrest for some perceived slight or wrongdoing after the fact.

As one final point the State would ask: Why are these alleged wrongdoings being brought up now, and not simply in the first appeal? This seems, for all intents and purposes, to be an amendment of facts to suit a newly forged narrative as the appeal of a No Contest plea was denied.

Magistrate HC Blake Moore

While a sympathetic argument, the Court requires facts and evidence. With no evidence other than argumentation this remains denied. Let this be a lesson to Ms. Greene of the consequences of her plea.