Tulsa Attorney Blog
Washington County Judge Upholds Oklahoma Citizen Participation Act
A Washington County court has dismissed a lawsuit on free speech grounds under a fast-track procedure created in the 2014 Oklahoma Citizens Participation Act. The decision runs contrary to two previous OCPA decisions in other libel cases, all of which involve the same group of Rogers County defendants, sued by former District Attorney Janice Steidley. The contrary rulings set the stage for an appellate decision on the Oklahoma law intended to provide timely relief when a libel lawsuit challenges constitutionally protected advocacy. Read more »Federal Judge Calls Broken Arrow Detective Testimony 'False'
Officers on a DEA task force testified falsely that police did not enter a house before a judge issued a search warrant. When a federal judge excluded evidence because of false police testimony, prosecutors dismissed the synthetic marijuana case Read more »Fed Court Delivers Smackdown Opinion of Oklahoma Court of Criminal Appeals
In a stinging review of Oklahoma criminal procedure, the 10th Circuit Court of Appeals Bemoaned Oklahoma's short appellate deadlines and lack of a prison mailbox rule for computing deadlines pegged to dates court documents are issued. Read more »Does a Joint Tax Return Make a Common Law Marriage in Oklahoma?
Filing joint tax returns can have serious implications involving common law marriage in Oklahoma. A joint tax return can be enough to tip the scales creating a common law marriage, but a legal divorce might be required to end a common law marriage. Read more »Court Says DHS Overcharged Interest on Back Child Support in Oklahoma
A court says Oklahoma DHS relied on the wrong law for nearly 20 years when it assessed parents 10 percent interest on certain child support accruals. In a published 1993 case, the state appeals court had determined that, when back child support in Oklahoma is accrued before a child support judgment is in place, interest is set according to the state's Civil Procedure, which results in a significantly lower rate than the 10 percent assessed by law on delinquent child support.
Read more »Oklahoma's Federal Appeals Court Okays Prosecution of Confidential Informants
The 10th Circuit Court of Appeals has allowed the prosecution of a woman was charged with conspiracy to distribute methamphetamine after she worked with the Drug Enforcement Agency in hopes of avoiding prosecution. Read more »Oklahoma Foster Parents Rights are the Law
Oklahoma's childrens code defines specific rights of foster parents, including the right to information necessary for providing proper care, the right to be notified before a child is relocated and the right to be heard in a judicial proceeding if a foster parent objects to relocation of a foster child. A Tulsa foster parents attorney helps foster families exercise their rights. Read more »Feds Knowingly Distributed Child Porn in 2015 Sting Operation
In controversial sting operations, federal agents have twice in recent years hosted child porn Websites seized during criminal investigations. Analysts say it is a new tactic for federal agents who have previously argued children are exploited any time the child pornography is viewed. Read more »Constitutional Tensions Strain Oklahoma Courts
Two top courts in Oklahoma's bifurcated court system have published contrary opinions about whether criminal court deadlines include weekends or holidays. The Oklahoma Court of Criminal Appeals maintains a legislative mandate requires it to include count all calendar days in deadlines, even if the court is closed on a day of a deadline. The Oklahoma Supreme Court earlier published an opinion declaring its business-day rules govern some criminal court deadline procedures. Read more »Polygraph Testimony Admitted as Evidence in Federal Case
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 […] Read more »No New Rules Sought for Breathalyzer Tests in Oklahoma
Tests Director Responds to Appeals Court Case The Oklahoma Board of Tests of Alcohol and Drug Influence will probably not seek emergency rules for approval of reference materials used in DUI breathalyzers throughout Oklahoma. The director of the state agency has declined to recommend emergency rule making in the wake of a November, 2015 decision […] Read more »Oklahoma Supreme Court Again Trumps Court of Criminal Appeals
Jurisdictional conflict erupted again in Oklahoma's bifurcated court system when the top civil court ruled in a matter emerging from a criminal case. The matter involved how deadlines are computed when a litigant appeals a motion to disqualify a judge. Read more »Oklahoma Eyes Drug Overdose Good Samaritan Law
Oklahoma might soon join a rapidly growing number of states that have adopted medical amnesty laws to protect people who call for assistance when someone is suffering a drug overdose. Dubbed Good Samaritan laws, the measures exempt people who call for help from prosecution when small amounts of drugs or drug paraphernalia are found at the scene of an overdose emergency. Read more »Tulsa Jail Death Case in the News
News on 6 had some questions for Wirth Law Office concerning the death of a man in confined to the Tulsa County jail. Read more »Oklahoma Court Strikes Breathalyzer in DUI Drivers License Revocation
The Oklahoma Supreme Court has been asked to review a case that could stop DUI drivers license revocations in Oklahoma until the Board of Tests for Alcohol and Drug Influence promulgates rules related to calibration of the Intoxilyzer 8000 breathalyzer. Read more »Plea Bargains in Oklahoma: Can Prosecutors Hide Exculpatory Evidence?
U.S. Appellate courts have handed down mixed opinions about the right of defendants to inspect exculpatory evidence during plea negotiations. The Brady rule otherwise entitles defendants to inspect exculpatory evidence before going to trial. The 10th Circuit, which includes Oklahoma, says the Brady rule does extend to plea negotiations. A West Virginia state court opinion summarized nationwide jurisprudence related to the Brady rule during plea negotiations. Read more »Tulsa Asset Forfeiture Attorney in the News
Reform of asset forfeiture laws in Oklahoma is not moving as quickly as federal reforms, but a recent property forfeiture reform bill could change that. Tulsa asset forfeiture attorney James Wirth discussed the bill with a Fox23 investigative reporter. Read more »Oklahoma Cop's DNA Transfer Defense Exposes Flaws in Touch DNA Evidence
Shreds of Evidence Are Not Always Reliable A defense attorney representing an Oklahoma City police officer facing six counts of first-degree rape told jurors a woman’s DNA found inside the officer’s pants is not evidence that he raped her. “It’s transfer DNA,” the attorney argued in the November, 2015 trial of Daniel Holtzclaw. Whether the […] Read more »Why You Need a Good Oklahoma Defense Attorney
Although a good Oklahoma criminal defense attorney can sometimes turn the tables on steamroller prosecution, effective criminal defense requires preparation and resources. Take a look at how capital defense attorneys in Virginia brought executions to a near standstill after criminal defense teams got the resources required to provide proper representation. Read more »Oklahoma Criminal Law: Evidence Stacks Up Against Forensic Evidence
Forensic experts at a Texas crime lab are walking back claims that DNA evidence singled out defendants with 1-in-a-million certainty. It is part of a pattern of errors, lies, neglect, conflicts of interest and exaggeration among forensic labs nationwide. Criminal defense attorneys in Oklahoma must challenge misplaced trust in forensic evidence. Read more »Court Revokes Oklahoma Protective Order Issued by County Judge
An Oklahoma appeals court said a district court abused its discretion in a protective order involving threats alleged during an international online chat. The appeals court said district courts must consider whether an allegation indicates a credible threat before granting an order of protection from domestic abuse. The decision suggests attorneys for protective order defense in Oklahoma can rely on the state's appeals courts to carefully review lower courts that rubber stamp petitions for domestic restraining orders. Read more »Police Officers Arrested in Oklahoma More Often Than You Might Think
Tulsa County Sheriff Stanley Glanz is one of more than a dozen Oklahoma law enforcement officers charged with crimes in 2015. Other officers were charged with assault and battery against suspects, sex crimes involving minors and drunken driving. A Tulsa criminal defense attorney compiled this list. Read more »Client Review: Child Custody Lawyer in Tulsa
A Wirth Law Office Tulsa family law client talks about his experience at a family law hearing where he was represented by Tulsa child custody lawyer James Wirth. Read more »Oklahoma Court Finds No Right to Resist Illegal Detention
The Oklahoma Court of Criminal Appeals refusal to suppress evidence of resisting arrest during an illegal traffic stop removes an important deterrent to police misconduct. The court said people may reasonably resist illegal arrest but may not lawfully resist illegal detention. A Tulsa defense attorney says people often have no way of knowing whether they are illegally detained or illegally arrested. Read more »Possession of Selfies Convictions Highlight Overly Broad Child Pornography Laws
Are some teen's selfies illegal? Laws that criminalize children for having their own pictures on their cell phones might not pass strict scrutiny for limits on free speech. The question arises from a North Carolina case where teens where charged with felonies for their naked selfies. A Tulsa criminal lawyer says It could happen in Oklahoma, too. Read more »
