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Rogers County DA Pays Newspaper Publisher to Write Press Releases

Asks Sheriff to Investigate Police Chief’s Courthouse Visit Ongoing conflict among law enforcement officials and the Rogers County District Attorney just keeps getting more tangled. It’s a story fiction editors might reject as implausible or too complex – unless it were written with the flair of Shakespeare whose witch in MacBeth chants “fair is foul […]

Rogers County DA Pays Newspaper Publisher to Write Press Releases Read Post »

Everybody is Guilty Under Oklahoma's Zero-tolerance Metabolite DUI-D Law

Oklahoma’s new metabolite DUI law sets the strictest standard possible for evidence of forbidden drugs potentially found in drivers’ blood. The standard is so strict that, technically speaking, everyone who gets behind the wheel is guilty of violating the law. Those who are in pain, even more so. Sound unbelievable? Here’s how it works. Instead

Everybody is Guilty Under Oklahoma's Zero-tolerance Metabolite DUI-D Law Read Post »

Do Parts of the Oklahoma Violent Offender Registry Law Deny Equal Protection?

The reasoning behind a September 2013 Oklahoma Supreme Court decision striking down a portion of the Oklahoma sex offender registry law appears to call into question portions of the Oklahoma violent offender registry law. In Hendricks v Jones, 2013 OK 71 the court stated: “We hold applying SORA’s requirements to sex offenders now residing in

Do Parts of the Oklahoma Violent Offender Registry Law Deny Equal Protection? Read Post »

Oklahoma Sex Offender Registration Laws Reversed – Again and Again

Two decisions handed down by the Oklahoma Supreme Court this month continued to roll back the Oklahoma Dept. of Corrections’ over-aggressive application of the Oklahoma Sex Offender Registration Act. This month’s decisions involved convicted sex offenders who moved to Oklahoma and were required to comply with Oklahoma sex offender registration rules. The decisions follow a

Oklahoma Sex Offender Registration Laws Reversed – Again and Again Read Post »

Incentives Taint Crime Labs' Forensic Science, Oklahoma Ranks Among Worst

Criminal defense attorneys in Oklahoma are prohibited by rules of professional ethics from charging fees based on results. The same rules don’t apply to the state’s crime labs where employees provide forensic science expertise for the prosecution. Oklahoma is among several states where forensic science is funded by fees levied against defendants upon conviction. Does

Incentives Taint Crime Labs' Forensic Science, Oklahoma Ranks Among Worst Read Post »

In New Jersey, You Don't Have to Be a Driver to be Liable in a Texting and Driving Car Accident

Texting and driving is now widely recognized as a potentially dangerous distraction for drivers. In New Jersey, it is no longer just the distracted driver using a cell phone who can get into legal trouble for a car crash; the person on other end of the phone sending text messages to the driver can also

In New Jersey, You Don't Have to Be a Driver to be Liable in a Texting and Driving Car Accident Read Post »

Rogers County Sheriff Seeks Grand Jury Investigation of Rogers County District Attorney

A war of words raging among elected officials in Rogers County by way of court filings and public allegations has escalated again. This time, the Rogers County Sheriff and five others filed an unusual motion to authorize a citizens’ petition for a grand jury investigation into allegations against the Rogers County District Attorney, three assistant

Rogers County Sheriff Seeks Grand Jury Investigation of Rogers County District Attorney Read Post »

Ohio Judge Rules Against Intoxilyzer 8000 Breathalyzer Used in Oklahoma DUI Cases

An Ohio appeals court ruling this month delivered a severe body blow to a breathalyzer machine now being used in Oklahoma DUI cases to infer blood alcohol levels in drivers suspected of driving under the influence. A judge ruled the results from the Intoxilyzer 8000 are “not scientifically reliable.” In Ohio – as has been

Ohio Judge Rules Against Intoxilyzer 8000 Breathalyzer Used in Oklahoma DUI Cases Read Post »

Jurors Scold Prosecution in Muskogee Trial

A Muskogee jury issued an unusual post-trial statement after an Aug. 8, 2013 trial, admonishing police and the District Attorney’s office for a “sloppy and incomplete job.” The unusual scolding came at the end of a trial in which Muskogee defense attorney Larry Vickers had defended a man against charges of burglary, assault and battery,

Jurors Scold Prosecution in Muskogee Trial Read Post »

Among Asset Forfeiture Nightmares, Oklahoma Laws Loom Large

The nationwide investigative journalism project ProPublica has released a report detailing nightmare scenarios surrounding the widely used civil forfeiture process. Under civil asset forfeiture laws state, local and federal agencies routinely seize property from individuals who sometimes have not been convicted – or even charged – with a crime. According to ProPublica, the city of

Among Asset Forfeiture Nightmares, Oklahoma Laws Loom Large Read Post »

Confidential Juvenile Records 'Strewn' Around Rogers County Courthouse

The idea that juveniles should be treated differently under the law predates the origins of U.S. jurisprudence. Juvenile justice has changed significantly since it was originally shaped by English common law but a significant precept of juvenile justice has long been that juveniles in the system are afforded a degree of privacy. Juvenile courts nationwide

Confidential Juvenile Records 'Strewn' Around Rogers County Courthouse Read Post »

14 Unemployment Appeal Wins in a Row

The unemployment appeal winning streak continues.  Oklahoma unemployment attorney, James M. Wirth, has now won 14 of the last 14 unemployment appeals he has handled.  Most of these cases overruled previous denials of unemployment benefits for Wirth Law Office clients. In the majority of the cases, Mr. Wirth was able to prevent the employer from

14 Unemployment Appeal Wins in a Row Read Post »

9th Circuit Tosses K9 Nose Witness Testimony

The use of sniffer dogs in criminal court has to be among the most bizarre trends yet to sweep across modern jurisprudence. In some cases, judges have virtually handed their authority over to dogs, allowing police to conduct unwarranted searches based on an officer’s interpretation of their loyal K9’s nuanced behavior. A 9th Circuit Court

9th Circuit Tosses K9 Nose Witness Testimony Read Post »

Court Blocks Retroactive Oklahoma Sex Offender Registry Rule

With an eye toward removing potentially hundreds of names from the Oklahoma sex offender registry, the state Dept. of Corrections is reviewing details of more than 7,700 listed sex offenders. The review follows a June 25 state Supreme Court decision that found retroactive application of revised sex-offender registration rules violated a state constitutional provision against

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