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hit and run defense attorney Oklahoma

Oklahoma Court Affirms Life Sentence in Error Ridden Hit and Run Case

The Oklahoma Court of Criminal Appeals acknowledged there were errors in the trial that sent Joey Lynn Smith to prison for life after a hit-and-run accident. The errors the court acknowledged – and others errors the Oklahoma criminal defense attorneys alleged on appeal – are only part of the story. For a hit-and-run case, the prosecution essentially argued an assault and battery with a deadly weapon case.

Oklahoma Court Affirms Life Sentence in Error Ridden Hit and Run Case Read Post »

Oklahoma reasonable suspicion following too closely

Oklahoma Appeals Court Does U-Turn on Tailgating Law

An Oklahoma Court of Criminal Appeals tailgating opinion gives police a basis to stop almost any driver on suspicion of following too closely. The opinion is an abrupt reversal of an opposite decision just 19 months earlier that had said a two-second rule for following too closely does not provide police an objective basis for reasonable suspicion. A Tulsa traffic ticket lawyer explains…

Oklahoma Appeals Court Does U-Turn on Tailgating Law Read Post »

Fomer Rogers County Commissioner Kirt Thacker

Former Rogers County Commissioner Charged With 2011 Embezzlement

The former Rogers County Commissioner who filed a libel suit against critics over a petition that asked a grand jury to investigate embezzlement allegations has been charged with embezzlement. A Claremore detective who circulated the petition was among those who first investigated the embezzlement allegations — two years before the citizens’ petition sought a grand jury investigation.

Former Rogers County Commissioner Charged With 2011 Embezzlement Read Post »

constructive possession Oklahoma

10th Circuit Reverses Oklahoma Constructive Possession Conviction

A driver convicted on federal charges of possession of a controlled substance with intent to distribute won his freedom back when the U.S. Court of Appeals for the 10th Circuit overturned the conviction. The April 22, 2015 decision said a jury could infer guilt based on arguments that the man knew his passenger was carrying 14 bricks of marijuana and about an ounce of methamphetamine in a duffel bag. Yet the evidence was insufficient, the court said, to find guilt beyond reasonable doubt.

10th Circuit Reverses Oklahoma Constructive Possession Conviction Read Post »

drug dogs in traffic stops

Police Cannot Delay Drivers While Waiting for Drug Dogs

Police nationwide may not delay drivers longer than it takes to conduct the usual business of a traffic stop unless they have reasonable suspicion that the vehicle might contain illegal contraband, according to a new U.S. Supreme Court decision. Defense lawyers will now be able to challenge the lack of reasonable suspicion if police held a driver on a mere hunch or based on some form of criminal profile.

Police Cannot Delay Drivers While Waiting for Drug Dogs Read Post »

cell phone surveillance

Fake Cell Tower Technology Lets Cops Avoid Judicial Oversight

Secret Technology Flouts Wiretap Laws “‘Inhibiting law enforcement’s rights are second to protecting mine!’ (Florida Circuit Court Judge Frank) Sheffield thundered, gesturing with both hands and fixing his gaze on the prosecutor.” That is how the Washington Post described a Florida judge’s response to a prosecutor who tried to deny a defendant information about sophisticated

Fake Cell Tower Technology Lets Cops Avoid Judicial Oversight Read Post »

identity theft using court records

Oklahoma Courts Post 1000's of Social Security Numbers Online

Basic Internet Safety Measures Overlooked A Wirth Law Office investigation has revealed that Oklahoma district courts routinely include Social Security numbers, drivers license numbers and birth dates in court records posted online. We launched the investigation after members of the public contacted our office with concerns about how courts use sensitive personal data. The investigation

Oklahoma Courts Post 1000's of Social Security Numbers Online Read Post »

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