Presumption of Innocence
This week has been both heartbreaking and infuriating. If you live under a rock, a 25 year old woman drove into a crowd killing 4 people and leaving dozens of others injured. Almost immediately rumors began swirling about what had happened. Many of these rumors were breathlessly repeated in print and on the internet. It was an elderly... Read More
Justice Delayed or Justice Denied?
In case you missed it, 60 Minutes had a heartbreaking piece on a man who was exonerated after 30 years on death row for a crime he did not commit. By now, these stories are becoming all too common and a simple reality of the complete failure of how we prosecute these cases. This story is... Read More
DNA – Trustworthy?
Most criminal defense lawyers know that science in Court is not like CSI. Fingerprints are rarely used anymore. The FBI has admitted that the evidence used to convict thousands of people over several decades (bullet lead analysis, bite mark analysis) has proven to be completely unreliable junk science. Now, what has previously been seen to be near... Read More
6 Things You Need to Know About Removing the Ten Commandments
Article 2, Section 5 of the Oklahoma Constitution provides: “No public money or property shall ever be appropriated, applied, donated, or used, directly or indirectly, for the use, benefit, or support of any sect, church, denomination, or system of religion, or for the use, benefit, or support of any priest, preacher, minister, or other religious teacher... Read More
OCCA Case Review – Sanders v. State, 2015 OK CR 11
In this case, the police were serving an arrest warrant for the Defendant (a known felon), and upon entering the house and arresting the Defendant, they saw a gun on the table. The gun was later determined to be stolen. Defendant was convicted of Possession of a Firearm After Conviction of a Felony and Knowingly Concealing Stolen... Read More
Terminating Parental Rights
I often get asked whether a party can “sign over” their parental rights. Usually this is because the other party doesn’t want anything to do with the child or doesn’t want to pay child support. The answer is: Not really. Let me explain: There is no private right of termination in Oklahoma. Public policy (whoever gets to determine... Read More
Is There a War on Cops?
Lately there has been a narrative in the mass-media about a so-called “War on Cops.” But is this really true, or is it a problem “being fueled by a hysterical media”? According to the Washington Post, 58% of people believe there is a war on police. However, the numbers totally contradict these beliefs. 2015 is... Read More
Hire a Lawyer!
I was on the misdemeanor plea docket Monday morning, and even after witnessing thousands of pleas, it never ceases to amaze me when criminal Defendants represent themselves, even for misdemeanors. Often I see them agree to offers with the Assistant District Attorney which could easily have been negotiated down, or blind pled to a much... Read More
6 Things You Need to Know About Expungements
I get several calls a week from people asking why they still have a criminal charge “on their record.” Almost always, the question arises because they were told by a judge or a lawyer that their “record” would be “expunged” after they complete their deferred sentence. While this is partially true, it does not fully... Read More
OK Civ. App Case Review – Wilson v. Franek
Wilson v. Franek This is a local case in which the Court of Civil Appeals again shows that it is nearly impossible to overturn a trial court’s determination of custody. In this case, mom had been primary caretaker of the child since birth, and in fact father showed little interest in the child until the case was filed. The parties had... Read More