What is the state’s response to the class-action lawsuit, seeking fines and costs back to defendants who were prosecuted improperly in state court in the Muscogee (Creek) Nation? Tulsa criminal attorney James Wirth has that answer.
The Violence Against Women Act that became federal law in 1994, it added the ability for tribes to prosecute certain offenses even against non-natives. And those crimes are domestic violence, dating violence, violation of protective orders, where one of the three things occurs.
Where are the tribal boundaries? Oklahoma attorney, James Wirth, speaks on McGirt and the repercussions that follow it.
McGirt: Where Are the Tribal/Reservation Boundaries? Read Post »
What happens when you did not question the jurisdiction of the court under McGirt at your trial and your case is now on direct appeal? Oklahoma Attorney, James Wirth answers.
McGirt: When Jurisdiction Not Addressed at Trial and Direct Appeal is Pending Read Post »
What happens when you make a McGirt argument on direct appeal after being denied at the trial level? Tulsa attorney, James Wirth answers that question.
McGirt: Direct Appeal Denied at the Trial Level? Read Post »
They are dismissing many cases if you have clear evidence that the defendant is Native American and clear evidence that it occurred within the boundaries of the Muskogee Creek Nation, then they are dismissing those and sending those off to either the tribe or the Feds for potential prosecution, depending on what the circumstances of the case are and where it needs to be potentially tried.
The Cares Act Is a Governmental Relief Program and It Has Changed the Bankruptcy Code Temporarily
Who has the burden of proof for the defendant’s tribal membership or lack thereof for prosecution in state court? Tulsa attorney, James Wirth has the answer.
McGirt: Who Has Burden of Proof to Establish Tribal Membership or Lack Thereof? Read Post »
United States Supreme Court on July 9th, 2020, decided that for vast areas in Northeast Oklahoma that the state courts, meaning the county courts, the district attorney’s offices, particularly Tulsa County, lacked jurisdiction to charge Native Americans.
McGirt: Tulsa County DA is Stipulating to Tribal Membership but Setting Up Blood Quantum Battle? Read Post »
KTUL interviewed Trent Shore, and he is the Chief Federal Prosecutor for the Northern District of Oklahoma, which covers about a third of the state of Oklahoma, but primarily deals with all of these issues with the Muskogee Creek Nation not being disestablished and all of these prosecutions that are going that direction. So hundreds, if not thousands, of cases were improperly tried in state court and now need to go to federal and tribal courts, if they have the ability to do that after the amount of time that’s gone by. And the quote from Trent Shore in that article is that he’s being hit and his department’s being hit with an absolute tsunami of cases. He’s describing that in the last 20 years, they’ve handled three homicides, but they’ve picked up about 20 homicides just in the last six weeks.
McGirt: Tulsa Federal Head Prosecutor Hit with "Absolute Tsunami of Cases!" Read Post »
The United States Supreme Court case that decided that most of Northeast Oklahoma is reservation land still because the tribes reservations were not disestablished through statehood. And that all of these cases that the States have prosecuted against native Americans over the last 100 years, they never have the authority to do that.
McGirt: Oklahoma Attorney General Not Conceding Existence of Reservations Read Post »
Why pursue expungement instead of post-conviction relief for completed sentences that fall under McGirt? Tulsa attorney James Wirth answers.
McGirt: Why Pursue Expungement Instead of Post-Conviction Relief for Some Completed Cases Read Post »
Where do I file my Oklahoma divorce? Tulsa Attorney James Wirth has that answer. For starters, the person that files gets to choose jurisdiction to an extent because it’s first to file that makes that choice. That said, there are limited options for where you can file. In order to file a divorce in the State of Oklahoma either the petitioner or the respondent has to be an actual resident in good faith of Oklahoma for six months prior to the filing of the petition.
What is the jurisdictional requirement to file a separate maintenance or legal separation case? Oklahoma Attorney James Wirth has the answer.
What is Required to File a Legal Separation Petition in Oklahoma? Read Post »
What is a legal separation under Oklahoma law? Tulsa attorney James Wirth has that answer. Essentially, that is where you’re going to a family law court and you’re requesting the same types of things you’d request in a divorce, but you are saying, “I don’t want the marriage dissolved. I would like to continue being married, but I still want orders in place to protect myself.”
What Is a Legal Separation Under Oklahoma Family Law? Read Post »
The standard for separating marital property is what is equitable, what is considered fair. Well, any questions about property divisions and your specific circumstances, you’re going to want to talk to an attorney about that subject.
Because marijuana is federally illegal, as is the cultivation of same, you are incredibly limited in what you can do. Although It doesn’t mean you can’t do an Oklahoma bankruptcy, but it can’t be based on your marijuana business.
How Is a Medical Marijuana Related Bankruptcy Different From Other Bankruptcies? Read Post »
If you’re married, everything’s a marital asset, unless you can prove it’s a separate asset. It comes down to, the definition of separate? To be separate, it needs to be something that you owned prior to the marriage, something that was gifted to you solely, or something that was inherited during the marriage.
What is Marital Property in an Oklahoma Divorce? Read Post »
Separate property is property that you own that is not marital property. According to Tulsa Divorce Attorney James Wirth, anything that isn’t marital, and it is yours, not your spouse’s, it is considered separate property.
What is Separate Property in an Oklahoma Divorce? Read Post »
You can do a name change in an Oklahoma divorce, although there are some limitations. First, you had to have changed your name as part of the marriage. Because whether you are the wife or the husband, you can go back not only to your prior name directly prior to the marriage, but you can also go back to another previous name, so long as you changed your name at the time you got married.
Make sure you have your documents together for your petition and when you file that petition with the court. If there are no minor children, it’s just 10 days that is when that timeframe starts.
What Is the Waiting Period to Get Divorced if There Are No Children Involved? Read Post »
Tulsa family attorney James Wirth, answers “What are the various grounds for divorce in Oklahoma?” He explains how Oklahoma is like most States now, a no-fault divorce state, meaning that you don’t have to allege any fault to file for divorce. In addition, he mentions all of the reasons you could file for divorce in Oklahoma.
Oklahoma Chapter 13, who is it for? This is for an individual. A business generally is not going to be able to do a Chapter 13, pretty much always.
If a Case Is Not Filed in the Appropriate County Based on Where You’ve Got Jurisdiction and Proper Venue, Then You’d File a Motion to Dismiss, Once That’s Granted, You Could File in Another Count.
How Do You Transfer a Family Law Case to Another County in Oklahoma? Read Post »
