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Washington County Judge Curtis DeLapp

Washington Co. Judge Faces Suspension, Removal on Misconduct Allegations

Oklahoma Supreme Court Alleges “Oppression in Office” Whispered complaints about a Washington County judge’s misconduct toward defendants and attorneys appearing in his court have swirled for months. Now, things are spilling into the light. Washington County District Judge Curtis DeLapp has been notified of a proposed temporary suspension by the Oklahoma Court on the Judiciary’s […]

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open mail without a warrant

Can the Government Open Your Mail Without a Warrant?

Federal law prohibits opening mail without the recipients permission, but law enforcement agencies use a variety of methods to find out what goes through the mail. Sometimes, police seek a warrant but they can ask the post office to record all letters sent to an address with no warrant. On at least one occassion, investigators illegally opened packages to find out if there was anything inside work seeking a warrant about.

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oklahoma court of criminal appeals

Bill Would Abolish the Oklahoma Court of Criminal Appeals (Part 1)

A bill in the 2018 Oklahoma legislature would let voters decide whether the Oklahoma Court of Criminal Appeals should be abolished. Among 50 states, only Oklahoma and Texas have separate appeals courts for criminal and civil matters. Defense attorneys say the split has resulted in a prosecution friendly appeals court that is sometimes blithe indifference to its own precedents.

Bill Would Abolish the Oklahoma Court of Criminal Appeals (Part 1) Read Post »

false confession

Researchers Say Police Interrogation Technique Elicits False Confessions

Until recently, nearly every police agency in the nation relied on an interrogation practice called the “Reid Method.” This harsh method aims to squeeze confessions from suspects through stress, fatigue, intimidation and sympathy. A recent research paper by a University of Virginia Law student suggests the Reid Method is highly likely to elicit false confessions.

Researchers Say Police Interrogation Technique Elicits False Confessions Read Post »

Tulsa uninsured driver attorney

Tulsa Attorney Explains Uninsured Driver Enforcement Flaws on KTUL

Tulsa attorney James M. Wirth appeared on KTUL to explain flaws a new law that will use remote cameras to enforce Oklahoma driving without insurance laws. The law ignores an age old presumption of innocence before trial, makes light of probable cause requirements before a citation can be issued, lays groundwork for arrest warrants to name insured drivers who never received notices of a citations, allows officials to rely on a database that might exclude one in 20 insured drivers, and appears to be a cash cow for District Attorneys who can shuffle accused drivers into a probation program without ever taking them to court.

Tulsa Attorney Explains Uninsured Driver Enforcement Flaws on KTUL Read Post »

policing for profit oklahoma

Swedish Firm Operates Cameras Enforcing Oklahoma Driving Without Insurance Law

Cameras to enforce Oklahoma compulsory insurance laws headed to Tulsa. The semi-automated system is likely to result in systematic wrongful prosecutions. District Attorneys, who stand to gain $20 million a year for operation of the program, have little incentive to curtail wrongful prosecution or arrest of otherwise insured drivers.

Swedish Firm Operates Cameras Enforcing Oklahoma Driving Without Insurance Law Read Post »

driving without insurance Oklahoma cameras

Robotic Uninsured Driver Enforcement Could Automate Wrongful Prosecution

A police officer’s desktop review of images taken by roadside cameras and information stored in state databases is enough to arrest drivers suspected of driving without insurance in Oklahoma. The newly approved system threatens to automate wrongful prosecution by District Attorneys who have a financial incentive to allow systematic mistakes.

Robotic Uninsured Driver Enforcement Could Automate Wrongful Prosecution Read Post »

Oklahoma DUI law overturned

Sweeping 2017 Oklahoma DUI Law Overturned

The Oklahoma Supreme Court has overturned a sweeping 2017 DUI law for due-process flaws and for violating constitutional single-subject requirements. The entire law was set aside before it even took effect. The decision means ongoing uncertainty for thousands of drivers accused of DUI – and police enforcing DUI laws – with regard to the procedure for contesting drivers license revocations after DUI arrests.

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Okmulgee attorney Justin Mosteller

Wirth Law's Okmulgee Attorney Speaks Out on Motion to Disqualify Judge

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.

Wirth Law's Okmulgee Attorney Speaks Out on Motion to Disqualify Judge Read Post »

Tulsa medical negligence attorney

Oklahoma Informed Consent Requires Disclosure When Assistants Perform Surgery

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.

Oklahoma Informed Consent Requires Disclosure When Assistants Perform Surgery Read Post »

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