Tulsa Attorney BlogCategory: Criminal Law

217 Articles:
  • McGirt: Where Are the Tribal/Reservation Boundaries?

    Where are the tribal boundaries? Oklahoma attorney, James Wirth, speaks on McGirt and the repercussions that follow it.

  • McGirt: When Jurisdiction Not Addressed at Trial and Direct Appeal is Pending

    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: Direct Appeal Denied at the Trial Level?

    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 Dismissal in Tulsa County

    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.

  • McGirt: Who Has Burden of Proof to Establish Tribal Membership or Lack Thereof?

    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: Tulsa County DA is Stipulating to Tribal Membership but Setting Up Blood Quantum Battle?

    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 Federal Head Prosecutor Hit with “Absolute Tsunami of Cases!”

    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: Oklahoma Attorney General Not Conceding Existence of Reservations

    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: Why Pursue Expungement Instead of Post-Conviction Relief for Some Completed Cases

    Why pursue expungement instead of post-conviction relief for completed sentences that fall under McGirt? Tulsa attorney James Wirth answers.

  • Can I Get a Name Change in My Oklahoma Divorce?

    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.