Tulsa Attorney Blog 48 Posts Tagged 'criminal defense attorney Tulsa'
What is Considered Child Abuse in Oklahoma?
The Legal Definition of Child Abuse in Oklahoma Child abuse is an incendiary topic. When we hear about it, our first instinct is to find the culprit and lock them away to prevent it from happening again. Sometimes, this leads to unfounded allegations that are made in haste and without evidentiary support. We must be […]
Shaken Baby Syndrome Relies on Shaky Science
Recent research that reviewed thousands of child abuse cases where shaken baby syndrome was alleged revealed there is virtually no reason to presume abusive head trauma was to blame when no evidence beyond an infant’s symptoms or brain injuries were present.
Speedy Trial Violations Void Drivers License Revocations in Oklahoma DUI Arrests
The Oklahoma Court of Civil Appeals decided year-long delays before DUI drivers license revocations hearings amount to speedy trial violations. While Oklahoma DPS says the delays are the result of budget constraints, the agency is also awaiting the Oklahoma Supreme Court’s possible review of a decision that undermined the agency’s reliance on a current generation of breathalyzers. The Intoxilyzer 8000 is used to gather evidence for drivers license revocations and for DUI criminal cases.
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.
Oklahoma Juvenile Certification Case Raises 8th Amendment Questions
The Oklahoma Court of Criminal Appeals decided in a March 20, 2015 opinion that adults charged for crimes committed in their youth must be tried and sentenced as adults. Recent Supreme Court decisions, however, suggest youthful status is related to the age and mental status of youth at the time of their crimes.
10th Circuit Says No Rounding For Age of Consent Law
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 […]
Oklahoma Court Erodes Confrontation Clause Shield Against Hearsay
An Oklahoma court has decided a defendant does not have the right to confront authors of a list that tracks cold pill purchases used as evidence in criminal trials. The decision chips away at a constitutional protection known as the confrontation clause. The confrontation clauses of the Oklahoma Constitution and United States Constitution alike afford […]
Grand Jury Calls for Standardized Oklahoma Giglio Policies
No Rogers County Officials Indicted An Oklahoma grand jury has recommended that the Oklahoma Attorney General’s office draft model policies to guide prosecutors’ handling of information that could assist criminal defendants. The recommendation was the most substantive result of a grand-jury investigation into alleged wrongdoing among Rogers County prosecutors and police. The clock ran out […]
Police Misconduct in Oklahoma: Tulsa Officer Charged with Murder
Misconduct Makes Cop’s Testimony Unreliable When police officers step on the wrong side of the law, the personal tragedy in some ways resembles that of any other person in trouble with the law. Regardless of an urge to gloat among those – including criminal defense attorneys – who often engage cops in legal battles, it […]
Does Oklahoma Attorney-Client Privilege Protect Jailhouse Phone Calls?
The New York Times recently reported that prosecutors in a federal extortion case had claimed a right to use as evidence jailhouse e-mails a defendant sent to his attorney. The federal Bureau of Prisons routinely monitors inmates’ e-mails delivered via a prison e-mail system. Among pre-trial discovery materials prosecutors provided, defense attorneys found e-mails a […]