Tulsa Attorney Blog 4 Posts Tagged '10th Circuit Court of Appeals'

• Polygraph Testimony Admitted as Evidence in Federal Case

  By James M. Wirth, Esq., January 12th, 2016

  10th Circuit Carves Out Lie Detector Exception True or false? Lie detector tests are not admissible in criminal court. Standard wisdom holds that polygraph test are never admissible in Oklahoma criminal trials. There is more to it. Let’s try another question. True or false? Results of polygraph tests may not be admitted as evidence of […]

• 10th Circuit Reverses Oklahoma Constructive Possession Conviction

  By James M. Wirth, Esq., April 24th, 2015

  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 Says No Rounding For Age of Consent Law

  By James M. Wirth, Esq., February 10th, 2015

  Days Count in Statutory Rape Age Differences How would you interpret a statutory rape law that permits sexual contact between an 18 year old and someone four years younger? Does it mean an 18 year old and a 14 year old, or someone born within 48 months of the day the 18 year old was born? The United States Court of […]

• For Criminal Defense Attorneys, Devil is in the Details

  By James M. Wirth, Esq., November 13th, 2012

  A marijuana case decided this week in the 10th Circuit Court of Appeals emphasizes why it is important for criminal defense attorneys to carefully research witness backgrounds and recognize appellate issues even before a criminal case goes to trial. The case involves a retired truck driver facing five years in federal prison over six duffel […]