There is a certain level of Indian blood in order to qualify for relief under the United States Supreme court precedent in the McGirt case.
Is There a Requisite Blood Quantum for McGirt Relief? Read Post »
If there is an individual who is noticeably intoxicated yet they still provide them alcohol they could potentially be held liable for what that individual does.
Attacked by a Drunk Person? Is the Place That Gave Them Alcohol Liable? Read Post »
There are the two main things that the Oklahoma Court of Criminal Appeals needs in order to find that the state lacked jurisdiction based on the McGirt precedent.
Can the Court Delay a McGirt Dismissal to Allow Time for Charges in Federal or Tribal Court? Read Post »
United States Supreme Court decided that the historical boundaries of the Muscogee Creek Tribal Reservation were never disestablished.
McGirt: Can Subject Matter Jurisdiction Ever Be Waived? Read Post »
In Oklahoma, we have a series of laws called DRAM shop laws that relate specifically to this issue. Now, historically, a DRAM shop is anywhere that provides alcohol to an individual, be that a convenience store, a liquor store, restaurant, anything like that. And if those establishments provide alcohol to a noticeably intoxicated person, there’s a chance that they might be liable for what that person does.
Hit by a Drunk Driver? Is the Place That Provided Them Alcohol to Blame? Read Post »
What is the likelihood that you’re going to be incarcerated if you’re found to violate your probation on a misdemeanor? Is that a 100% chance? And the answer is it’s definitely not a 100% chance.
Will You Be Incarcerated for Violating Misdemeanor Probation? Read Post »
Life imprisonment for using drugs while pregnant. Tulsa criminal defense attorney James Wirth has that easy answer.
Oklahoma Law: Life Imprisonment for Using Drugs While Pregnant? Read Post »
So adult adoptions in Oklahoma are fairly straightforward and they can oftentimes move forward pretty quickly because there’s not a lot of notice requirements and consent requirements.
Whose Consent is Needed for Adult Adoption in Oklahoma? Read Post »
Oklahoma law does allow for adult adoption. The person being adopted does not have to be a minor in Oklahoma, and actually completing an adult adoption can be much simpler than the adoption of a minor.
Every so often the presiding district judge in Tulsa County decides to rotate the special judges and move them on different dockets.
Is Your Tulsa County Court Case Getting a New Judge on 1/4/2021? Read Post »
I’ve had several clients who will push their medical providers to maybe send them for extra testing, extra therapy, really just push as much as they can to get as much treatment as they can thinking that that’ll greatly increase their settlement down the line. Well, a lot of the time it doesn’t work out that well.
Should I Get Medical Treatment to Increase the Value of My Case? Read Post »
So the Quapaw Nation is a very relatively small reservation. It’s in Ottawa County, Oklahoma. And if that reservation is not disestablished.
UM and UIM help bridge the gap between the person’s ability to pay for the damages they caused, and what your actual damages are.
The state’s arguing, if they got the tribal membership later, then they’re not an Indian at the time of the crime, the state had jurisdiction. However, there’s a couple of issues with that. First off, this is a ninth circuit case, that is not precedent here in Oklahoma, because we’re in the 10th circuit. And this hasn’t been decided, apparently, by a higher court like the United States Supreme Court.
Is the Timing of Tribal Membership Relevant to McGirt Claims? Read Post »
Medicare has what’s called a right to subrogation, meaning if they end up paying on your medical bills that are the result of the negligence of another person, then they can get compensated for it.
Does My Medicare Status Impact My Personal Injury Claim? Read Post »
The general consensus is the state lacks authority to charge Indians with crimes in Indian country regardless of whether it is a felony or a misdemeanor or a major crime or not a major crime.
Does the McGirt Precedent Apply to Misdemeanors? Read Post »
In the past, I’ve had clients build their case as simple as taking pictures of the scene after the accident occurred.
Should You Take Pictures After a Premises Liability Incident? Read Post »
Now immediately following the crash, you’re probably going to have quite a bit on your mind. First thing, you’re probably going to check and make sure is everyone okay? Does anyone need immediate medical attention?
Do You Need to Take Pictures After a Motor Vehicle Collision? Read Post »
The McGirt case was decided by the United States Supreme Court. It decided that the Muscogee Creek Reservation was never disestablished.
Does McGirt Apply to the Kiowa-Comanche-Apache (KCA) Reservation? Read Post »
It actually does make a pretty big difference. One client of mine had clear soap on a tile floor. Couldn’t see it at all. He slipped, fell, and tore up quite a bit of stuff in his knee.
Does the Type of Liquid That You Slipped on at a Store Matter? Read Post »
The Choctaw Nation Reservation will be found to have not been disestablished and that that territory is still reservation land.
Does McGirt Apply to the Choctaw Nation? Has the Choctaw Reservation Been Disestablished? Read Post »
A lot of Northeast Oklahoma remains Indian territory where the state lacks jurisdiction to prosecute both Indians and crimes committed.
Does McGirt Apply to the Chickasaw Nation? Was the Chickasaw Reservation Disestablished? Read Post »
If you are the victim of a premises liability incident such as a slip, trip, or fall, or any incidents in which you’re hurt on the property of another person, especially a business, they might have you fill out an incident report.
When Should You Ask for an Incident Report After a Premises Liability Incident? Read Post »
