Tulsa Attorney Blog
OCCA Finds Peoria Tribe Reservation was Disestablished Then Re-established
In a recent case, the Oklahoma Court of Criminal Appeals determined that the Peoria tribe reservation was disestablished but later reestablished, and it remains intact today. The court relied on the precedent set by the United States Supreme Court in McGirt to make this determination. The Peoria reservation was created by treaty in 1867 but was terminated in 1956. However, Congress later reversed its policy and reinstated tribal sovereignty through the Reinstatement Act of 1978. The court concluded that the reservation was fully restored by the language of this act, and therefore, the state of Oklahoma lacks jurisdiction to prosecute crimes committed by Indians in the Peoria reservation. For specific legal advice on tribal sovereignty or criminal offenses in Oklahoma, it is advised to consult an attorney. Read more »McGirt: OCCA Ottawa Tribe Reservation Was Disestablished & Then Reestablished.
In a recent case, the Oklahoma Court of Criminal Appeals ruled that the Ottawa tribe reservation, which was disestablished in 1956, was then reestablished in 1978 and remains intact today. This decision stems from the landmark McGirt decision, which found that the Muscogee Creek Nation reservation was never disestablished. Now, the state of Oklahoma lacks jurisdiction to prosecute Native Americans for crimes committed within tribal reservations. The court examined the tribal history and determined that the 1978 Reinstatement Act fully restored the Ottawa tribe's sovereignty and rights. This means that crimes allegedly committed by Indians on Ottawa Nation territory must be prosecuted in tribal or federal court. For more information on how the McGirt decision may impact your case, schedule a confidential consultation with Tulsa Attorney James Wirth at MakeLawEasy.com. Read more »Federal Court Gives OCCA the Smackdown! Vacates Vacation of Order Vacating. (Graham v. White).
Federal Court gives Oklahoma Court of Criminal Appeals the smackdown in Graham v. White case related to McGirt. Read more »When Is an In-Court Identification “Unnecessarily Suggestive” for Preliminary Hearing in Oklahoma?
In-court identification at preliminary hearings in Oklahoma? Tulsa Attorney James Wirth discusses when it can be "unnecessarily suggestive." Read more »What Are My Responsibilities While Being in a Tulsa Drug Court?
What Are My Responsibilities While Being in Drug Court in Tulsa County? If you do get accepted into the drug court program, what you’ll need to do is, first and foremost, follow the rules that will be set out for you. There’ll be an extensive list of rules that your attorney will go over with […] Read more »What is the Default Punishment for a Felony in Oklahoma?
Default punishment for a felony in Oklahoma? Attorney James Wirth explains the default statutes and provides guidance. Read more »Do Grandparents Have Visitation Rights in Oklahoma?
Grandparents do not automatically have visitation rights in Oklahoma. The court considers multiple factors before determining if grandparents have a right to visitation with their grandchild. One of those factors is whether or not there is an intact nuclear family. In Oklahoma, a nuclear family is defined as a family where a mother and father, or both parents present at birth, are married. If the family is disrupted due to divorce, separation, annulment, death, or incarceration of a parent, the court may consider granting visitation rights to grandparents. Additionally, the court will consider if the child's best interests are served by granting visitation and if the parents are unfit. If you have questions about grandparents' rights in Oklahoma, contact Oklahoma Attorney Lindsay McDowell at makelaweasy.com. Read more »I Signed an Unfair Divorce Settlement Agreement; Can I Get Out of It?
Get expert advice from Tulsa Attorney James Wirth on getting out of an unfair divorce settlement agreement. Read more »SB 1742: New Law Allows Interlocutory Appeal on Stand Your Ground Decision in Oklahoma
SB 1742 allows interlocutory appeal on stand your ground decisions, providing immunity from prosecution and an accelerated appeal process. Read more »Can the HOA Place a Lien on Your Property in Oklahoma?
Learn whether a homeowner's association can place a lien on your property in Oklahoma. Contact Wirth Law Office for more information. Read more »What is the Default Punishment for a Misdemeanor in Oklahoma?
Default punishment for a misdemeanor in Oklahoma? Learn about the possible jail time and fines with Tulsa Attorney James Wirth. Read more »Is Your HOA Out of Control? Check Your Covenants and Restrictions in Oklahoma
Discover if your HOA is out of control. Learn about Oklahoma's Real Estate Development Act, covenants, and restrictions. Read more »HB 3383: New 1 Year Statute of Limitation for Filing Post-conviction Relief in Oklahoma
New one-year statute of limitations for filing post-conviction relief in Oklahoma. Tulsa Attorney James Wirth explains HB 3383. Read more »HB 3918: New Law Requires Notice of Communication to Be Filed & Given to DA and Victims
HB 3918, the new law that requires notice of commutation to be filed and given to the DA and victims. Tulsa attorney James Wirth explains. Read more »Finders Keepers? Not in Oklahoma. That Is Larceny of Lost Property.
Finders keepers is not a thing in Oklahoma. Oklahoma attorney James Wirth explains larceny of lost property and the law surrounding it. Read more »Lost Your Job?: You May Be Entitled to Unemployment in Oklahoma
Lost your job? You may be entitled to unemployment compensation in Oklahoma. Make your request quickly as it's not retroactive. Read more »HB 3053: Drug Court Change That Could Be Unfavorable for 1st Time Offenders in Oklahoma
HB 3053 brings changes to drug court in Oklahoma, potentially affecting first-time offenders. Learn about the new law from Tulsa lawyer. Read more »Drug Possession Is a Felony Again in Oklahoma with New Four Strikes Law (HB 2153)
Oklahoma's new four strikes law (HB 2153) which makes drug possession a felony again. Tulsa attorney James Wirth explains the details. Read more »Fired vs. Laid Off: What Does My Oklahoma Employer Owe Me?
Oklahoma employer owes you if you've been fired or laid off? Learn about paychecks, paid time off, and more from Lindsay McDowell. Read more »I’m Not Happy with My Lawyer. How Do I Get Them to Get Out of My Case?
Unhappy with your lawyer and want them out of your case? There are multiple ways to do this. Get legal advice today at makelaweasy.com. Read more »McGirt: 10th Cir. Rules City of Tulsa Can’t Prosecute Indians for Traffic Offenses (Hooper v. Tulsa)
In a recent decision, the 10th Circuit ruled that the city of Tulsa cannot prosecute Indians for traffic offenses. This ruling stems from the landmark McGirt decision in 2020, which established that the Muscogee Creek Nation's territory was still considered Indian country. As a result, the state of Oklahoma lost jurisdiction to prosecute Indians for criminal offenses, including traffic violations. The city of Tulsa argued that it should still have authority based on its existence before statehood, but the 10th Circuit disagreed. This decision has significant implications for past and pending cases in Tulsa Municipal Court, and it remains to be seen if the city will appeal to the United States Supreme Court. If you find yourself involved in a similar situation, it is crucial to seek legal advice from an experienced attorney. Read more »What Is Assault & Battery with a Deadly Weapon in Oklahoma?
Learn about assault and battery with a deadly weapon in Oklahoma in this informative video by Tulsa attorney James Wirth. Read more »What Is the Process for an Adult Adoption in Oklahoma?
Adult adoption in Oklahoma from Mayes County Attorney Lindsay McDowell. Find out how to change a birth certificate after adoption. Read more »Difference between Assault & Battery with a Dangerous Weapon vs. with a Deadly Weapon in Oklahoma?
Difference between assault and battery with a dangerous weapon vs. a deadly weapon in Oklahoma. Tulsa attorney James Wirth breaks it down. Read more »Oklahoma Law: Do I Have to Pay Child Support if My Ex Has Our Child for Summer Break?
Need legal advice on child support during summer break in Oklahoma? Attorney Lindsay McDowell at Wirth Law Office has the answers. Read more »
