Wirth Law Office - Tulsa Tulsa Attorney Blog

Federal Judge Calls Broken Arrow Detective Testimony ‘False’
By James M. Wirth, Esq., February 25th, 2016
Officers on a DEA task force testified falsely that police did not enter a house before a judge issued a search warrant. When a federal judge excluded evidence because of false police testimony, prosecutors dismissed the synthetic marijuana case
Fed Court Delivers Smackdown Opinion of Oklahoma Court of Criminal Appeals
By James M. Wirth, Esq., February 23rd, 2016
In a stinging review of Oklahoma criminal procedure, the 10th Circuit Court of Appeals Bemoaned Oklahoma’s short appellate deadlines and lack of a prison mailbox rule for computing deadlines pegged to dates court documents are issued.
Does a Joint Tax Return Make a Common Law Marriage in Oklahoma?
By James M. Wirth, Esq., February 12th, 2016
Filing joint tax returns can have serious implications involving common law marriage in Oklahoma. A joint tax return can be enough to tip the scales creating a common law marriage, but a legal divorce might be required to end a common law marriage.
Court Says DHS Overcharged Interest on Back Child Support in Oklahoma
By James M. Wirth, Esq., February 8th, 2016
A court says Oklahoma DHS relied on the wrong law for nearly 20 years when it assessed parents 10 percent interest on certain child support accruals. In a published 1993 case, the state appeals court had determined that, when back child support in Oklahoma is accrued before a child support judgment is in place, interest is set according to the state’s Civil Procedure, which results in a significantly lower rate than the 10 percent assessed by law on delinquent child support.
Oklahoma’s Federal Appeals Court Okays Prosecution of Confidential Informants
By James M. Wirth, Esq., February 3rd, 2016
The 10th Circuit Court of Appeals has allowed the prosecution of a woman was charged with conspiracy to distribute methamphetamine after she worked with the Drug Enforcement Agency in hopes of avoiding prosecution.
Oklahoma Foster Parents Rights are the Law
By James M. Wirth, Esq., January 29th, 2016
Oklahoma’s childrens code defines specific rights of foster parents, including the right to information necessary for providing proper care, the right to be notified before a child is relocated and the right to be heard in a judicial proceeding if a foster parent objects to relocation of a foster child. A Tulsa foster parents attorney helps foster families exercise their rights.
Feds Knowingly Distributed Child Porn in 2015 Sting Operation
By James M. Wirth, Esq., January 28th, 2016
In controversial sting operations, federal agents have twice in recent years hosted child porn Websites seized during criminal investigations. Analysts say it is a new tactic for federal agents who have previously argued children are exploited any time the child pornography is viewed.
Constitutional Tensions Strain Oklahoma Courts
By James M. Wirth, Esq., January 25th, 2016
Two top courts in Oklahoma’s bifurcated court system have published contrary opinions about whether criminal court deadlines include weekends or holidays. The Oklahoma Court of Criminal Appeals maintains a legislative mandate requires it to include count all calendar days in deadlines, even if the court is closed on a day of a deadline. The Oklahoma Supreme Court earlier published an opinion declaring its business-day rules govern some criminal court deadline procedures.
Polygraph Testimony Admitted as Evidence in Federal Case
By James M. Wirth, Esq., January 12th, 2016
10th Circuit Carves Out Lie Detector Exception True or false? Lie detector tests are not admissible in criminal court. Standard wisdom holds that polygraph test are never admissible in Oklahoma criminal trials. There is more to it. Let’s try another question. True or false? Results of polygraph tests may not be admitted as evidence of […]
No New Rules Sought for Breathalyzer Tests in Oklahoma
By James M. Wirth, Esq., January 7th, 2016
Tests Director Responds to Appeals Court Case The Oklahoma Board of Tests of Alcohol and Drug Influence will probably not seek emergency rules for approval of reference materials used in DUI breathalyzers throughout Oklahoma. The director of the state agency has declined to recommend emergency rule making in the wake of a November, 2015 decision […]
Oklahoma Supreme Court Again Trumps Court of Criminal Appeals
By James M. Wirth, Esq., December 16th, 2015
Jurisdictional conflict erupted again in Oklahoma’s bifurcated court system when the top civil court ruled in a matter emerging from a criminal case. The matter involved how deadlines are computed when a litigant appeals a motion to disqualify a judge.
Oklahoma Eyes Drug Overdose Good Samaritan Law
By James M. Wirth, Esq., December 15th, 2015
Oklahoma might soon join a rapidly growing number of states that have adopted medical amnesty laws to protect people who call for assistance when someone is suffering a drug overdose. Dubbed Good Samaritan laws, the measures exempt people who call for help from prosecution when small amounts of drugs or drug paraphernalia are found at the scene of an overdose emergency.
Tulsa Jail Death Case in the News
By staff, December 3rd, 2015
News on 6 had some questions for Wirth Law Office concerning the death of a man in confined to the Tulsa County jail.
Oklahoma Court Strikes Breathalyzer in DUI Drivers License Revocation
By James M. Wirth, Esq., December 1st, 2015
The Oklahoma Supreme Court has been asked to review a case that could stop DUI drivers license revocations in Oklahoma until the Board of Tests for Alcohol and Drug Influence promulgates rules related to calibration of the Intoxilyzer 8000 breathalyzer.
Plea Bargains in Oklahoma: Can Prosecutors Hide Exculpatory Evidence?
By James M. Wirth, Esq., November 20th, 2015
U.S. Appellate courts have handed down mixed opinions about the right of defendants to inspect exculpatory evidence during plea negotiations. The Brady rule otherwise entitles defendants to inspect exculpatory evidence before going to trial. The 10th Circuit, which includes Oklahoma, says the Brady rule does extend to plea negotiations. A West Virginia state court opinion summarized nationwide jurisprudence related to the Brady rule during plea negotiations.