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Legal Misconceptions: Miranda

It’s important for you to understand Miranda, because if you do ever find yourself in a situation where you are facing a criminal accusation of some kind, then your knowledge of Miranda helps your attorney out a whole lot.

Legal Misconceptions: Miranda Read Post »

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Lumpkin: "Subject Matter Jurisdiction May -- Indeed, Must -- Be Raised at Any Time."

I’ve asserted previously, and it should be pretty clear cut by now if we’re talking about a McGirt claim, and that is that the defendant or the victim is Native American and that the site of the crime is in what is now considered to be tribal territory based under McGirt and its progeny, then the state of Oklahoma lacks jurisdiction, and that is subject matter jurisdiction, and subject matter jurisdiction cannot ever be waived. And therefore, all of these procedural bars do not apply.

Lumpkin: "Subject Matter Jurisdiction May -- Indeed, Must -- Be Raised at Any Time." Read Post »

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