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Eyewitness Testimony

In this post on themarshallproject.org, Penny Beerstein, the Rape Victim in Making a Murderer gives a statement regarding her participation in the original trial of Steven Avery, who was later exonerated by DNA evidence and the subsequent prosecution of the actual attacker. I’m sorry. I have no sympathy for this woman. She looked a jury...
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But I Thought it Was a Misdemeanor?

Oklahoma has several crimes that upon first offense are just considered Misdemeanors, but second offenses are potentially felonies. And the Oklahoma Legislature, which has never suffered from a an abundance of common sense, keeps adding more and more crimes which are “predicates for felonies.” The most common crimes that are charged as felonies upon a second occurrence are Driving...
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Honest Mistakes

One of my first experiences as a young lawyer-to-be had a huge impact on my view of our criminal justice system. I was still an intern and was covering a case for my brother’s partner. In this case, my client was pulled over for running a stop light and eventually arrested for a misdemeanor which has...
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Texting and Driving

Beginning yesterday, Oklahoma became one of the last states to enact a law specifically banning texting and driving. Nevermind that we already had the following law: 47 O.S. 11-901(b): The operator of every vehicle, while driving, shall devote their full time and attention to such driving…[officer must] observe the operator of the vehicle driving in...
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No Refusal Weekend

There has been some publicity regarding what is called a “no refusal weekend” in Norman tonight and tomorrow. Here is how it works: If you are pulled over for suspicion of DUI and you refuse to take the State’s test, they will contact a judge and request a warrant to stick a needle in your arm and take your blood without...
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