Wirth Law Office - Tulsa Tulsa Attorney Blog
The Tulsa World quoted Wirth Law Office’s Okmulgee criminal defense attorney Justin Mosteller in an article about Okmulgee District Attorney Rob Burriss’ Motion to Disqualify Judge Ken Adair from hearing criminal cases in Okmulgee. The judge stayed action in about 200 cases for more potnetially than three months until the Motion to Disqualify is resolved. Mosteller said the motion could have a chilling effect on judges who question the truthfulness of police testimony.
The Okmulgee County District Attorney is seeking the disqualification of an Okmulgee judge after the judge on four occasions over four years ruled that police officers lied or embellished facts during testimony. The DA’s Motion to Disqualify does not dispute the judge’s rulings, but claims they could represent a bias against law enforcement.
A move to firm-owned offices located near Tulsa County District Court will anchor Wirth Law Office as a premiere member of the Tulsa legal community and solidify our reputation among Tulsa’s fastest growing law firms.
The Oklahoma Supreme Court has reversed a district court decision in a Tulsa medical negligence case where a patient said she had not given informed consent for an assistant’s involvement in surgical procedures. In Oklahoma medical negligence claims, evidence that a patient did not consent to a particular assistant’s participation can be a reason to take a case to trial, the court concluded.
Changes in Oklahoma expungment law now make it easier than ever to get Oklahoma court records sealed. Tulsa expungement attorney James Wirth explained the new expungment laws to Good Day Tulsa’s Erin Christy.
An Oklahoma governors panel tasked with explaining a backlog of rape kits in police evidence warehouses has the potential to start a flood new Oklahoma rape charges against innocent people based on trivial DNA evidence and contrived theories of a crime. A new look at old DNA evidence could, however, result in wrongfully convicted people finally finding justice.
In a landmark child custody ruling, The Oklahoma Supreme Court has decided parents who share share joint custody of a child may not petition to relocate the child unless a court has declared one parent to be the primary physical custodian. A Tulsa child custody attoroIn a landmark child custody ruling, The Oklahoma Supreme Court has decided parents who share share joint custody of a child may not petition to relocate the child unless a court has declared one parent to be the primary physical custodian. explains how the ruling affects parents with various types of child custody in Oklahoma.
The Oklahoma Supreme Court handed down speedy trial guidelines for DPS drivers license revocation hearings, suggesting the hearings must be scheduled within 60 days after DPS receives a request for a hearing. But DPS has been notoriously reluctant to accept its losses. While the new precedent could pave the way for streamlined hearing process, we anticipate the DPS docket will remain clogged with cases the Supreme Court would likely dismiss but DPS will more likely refuse to let go until told to do so by a superior court.
Tulsa expungement attorney James Wirth sponsored a full-page ad in the Jan. 29, 2017 Tulsa World to explain the benefits of sealing court records in view of recent changes in Oklahoma expungement law.
Oklahoma Court of Criminal Appeals concluded DUI attorneys cannot challenge admissibility of breathalyzer results based on the Board of Tests failure to follow state rules for authorizing breathalyzer equipment.
Oklahoma courts require clear and convincing evidence when a common law marriage is alleged. Common law marriage can occur with a meeting of the minds between two partners who agree to be married, but proving that agreement can be a more complicated endeavor.
A Tulsa expungment lawyer explains how people convicted of some misdemenaors are immediately eligible to have the conviction removed from public records. Wait times for other expungments were cut from 10 years to five years. The law also allows some people convicted of two non-violent felonies to seek expungment.
Tulsa auto accident attorney James Wirth spoke with Tulsa’s Channel 8 about the limits of auto liability coverage and how policy limits affect personal injury lawsuits in Oklahoma. The reporter needed more information about Oklahoma personal injury law after a victim of the 2015 Oklahoma State University homecoming crash filed a lawsuit seeking compensation for damages.
Posting bond can reduce your chances of getting a court-appointed attorney in Oklahoma. Yet, even if you post bond, when you appear in court without an attorney the court must still ask whether you can afford an attorney. If a court fails to ask about your ability to pay for legal counsel, any decisions the court makes while you do not have a lawyer might be reversed on appeal.
State Failed to Adopt Valid Intoxilyzer 8000 Rules The Oklahoma Supreme Court on Sept. 26, 2016 declined to review the Oklahoma Court of Civil Appeals decision in a drivers license revocation case that effectively – should – make breath test evidence from the current generation of breathalyzer machines inadmissible in Oklahoma DUI cases. It might […]
First degree manslaughter charges filed against a Tulsa police officer for killing an unarmed suspect who disobeyed orders highlight a narrow distinction between justifiable self-defense homicide and unlawful killing in a heat of passion or while preventing a criminal attempt.
The Pawnee Business Council has appointed Wirth Law Office of-counsel attorney Earl Lawson as Pawnee Nation of Oklahoma’s prosecutor in Pawnee Nation District Court.
The Oklahoma Court of Civil Appeals decided year-long delays before DUI drivers license revocations hearings amount to speedy trial violations. While Oklahoma DPS says the delays are the result of budget constraints, the agency is also awaiting the Oklahoma Supreme Court’s possible review of a decision that undermined the agency’s reliance on a current generation of breathalyzers. The Intoxilyzer 8000 is used to gather evidence for drivers license revocations and for DUI criminal cases.
Publication Investigated Alleged Hate Crime TalkingPointsMemo.com quoted Tulsa attorney James Wirth in an article about a shooting in which Khalid Jabara, a Tulsa man of Lebanese heritage, was shot to death on his front doorstep. Witnesses alleged a neighbor charged as a suspect in the south-side killing, Stanley Vernon Majors, was motivated by ethnic hatred. The […]
State auditors cited two Oklahoma felony laws as criteria for a finding that the District Attorney’s Office in Rogers County deleted financial records. The audit also cites a misdemeanor provision of the Oklahoma Open Records Act, which forbids public officials from deleting public records.
Tulsa County court officials have announced jury trials will be suspended for two full months during the summer of 2016. The court cut two jury weeks from the schedule on either side of judge’s regular July summer vacation time after state officials announced a $1.3 billion budget shortfall. Delays in jury trial schedules pose questions about potential speedy trial violations.
A University of Michigan Law School study reveals Tulsa County has one of the highest rates of exoneration for a county its size anywhere in the nation. False allegations, perjury and official misconduct contributed to many of the convictions that were later overturned.
Oklahoma’s texting and driving law includes ambiguities similar to those in an Indiana law a federal court called “largely inefficacious” and “probably wrong. The Seventh Circuit Court of Appeals said a police officer who sees a driver holding a cell phone has no reasonable basis to suspect the driver is illegally texting and driving.
An Assistant District Attorney’s dramatic reenactment using a doll during a closing arguments was way over the top, even for Oklahoma’s often prosecution-friendly Court of Criminal Appeals.
The court overturned a defendant’s life-without-parole sentence because of the prosecutor’s theatrical behavior. Although it was not published as precedent, the case summarizes standards that my be used to identify prosecutorial misconduct during arguments by attorneys in Oklahoma criminal trials..
A grand jury indictment of Wagoner County Sheriff Bob Colbert on felony charges related to asset seizure sheds light on the narrow difference between civil asset forfeitures purpose for restricting flow of criminal assets and civil forfeitures used as an alternative form of punitive criminal justice.