Criminal Law
McGirt Challenge: SCOTUS Continues Conference in Castro-Huerta Case
The defendant in this is accused of a crime where the victim is a Native American, but the defendant himself is not. Read more »The United States Supreme Sets Conference Date for Wallace Case (State v. Parish)
McGirt basically redefined what is Indian country in Oklahoma by finding that the Muscogee Creek Nation had never been disestablished. Read more »State v. Castro-Huerta: McGirt Issue Back Before the US Supreme Court
State v. Victor Castro-Huerta is the case where the defendant was sentenced to 35 years in state court for a relatively serious crime. Read more »OCCA Approves Indian Status for Defendant Who Obtained Tribal Membership in Response to McGirt
It was undisputed that the crime occurred in Indian territory, so the question came down to whether he qualifies as an Indian. Read more »McGirt: US Attorney's Office Only Indicts in 10% of Cases Referred for Prosecution by Tulsa County
Normally if it's a more serious offense it would go to the Feds, generally speaking, if it's a lesser offense it would go to the Tribes. Read more »McGirt Victim Impact Report Lays Out Risk of Prosecution After McGirt Dismissal
If your case has been vacated and is being submitted for prosecution, what's the risk that it gets picked up by a different agency. Read more »City of Tulsa & Owasso Seek to Overturn McGirt
McGirt Impacts Oklahoma Video Transcribed: City of Tulsa and Owasso seek to overturn McGirt. I’m McGirt attorney James Wirth, and that’s what we’re talking about, a new amicus curiae brief that has been filed in the United States Supreme Court where the city of Tulsa and the city of Owasso actually filed together jointly requesting […] Read more »Does McGirt Apply to the Quapaw Nation Reservation? Was the Quapaw Reservation Disestablished?
The Quapaw Nation Reservation is now recognized, pursuant to the highest criminal court in the state of Oklahoma. Read more »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 […] Read more »What is Child Sexual Exploitation in Oklahoma Law?
Child Sexual Exploitation Defined Child sexual exploitation is a form of child abuse that is sexual in nature. Oklahoma law expressly forbids it. All child abuse is treated harshly in Oklahoma. Prison terms can be stiff. This is especially so with child sexual exploitation. Here is what you need to understand about the crime and […] Read more »What Assets Can Be Seized in Forfeiture in Oklahoma?
Most of the asset forfeiture cases in Oklahoma deal with the Dangerous and Controlled Substances Act, essentially drugs, illegal drugs. Read more »How is Sentencing for a Criminal Offense Decided?
In Oklahoma, you can be in municipal court, you could be in tribal court, you could be in county court, you could be in federal court. Read more »How Do I Find Out If There Is a Warrant for My Arrest?
First off, in Oklahoma, we do have relatively open and publicly available court records on oscn.net and odcr.com. Read more »How Is Murder Two Defined in Oklahoma?
The thing to understand and this is kind of the point with murder two. You don't have to intend to kill, to get charged with murder. Read more »Defense in Bosse Requests Stay in OCCA Pending Wallace Appeal to US Supreme Court
Oklahoma Court of Criminal Appeals granted a partial stay to give enough time for the state to request a stay from the US Supreme Court. Read more »Wallace Motion for Rehearing & Motion to Stay Denied by OCCA
McGirt attorney James Wirth has a major update for you regarding the Wallace case here in the state of Oklahoma. Read more »Bosse SCOTUS Appeal to be Dismissed!
OK Court of Criminal Appeals decided that McGirt does have a retroactive effect as it is ultimately an issue of subject matter jurisdiction. Read more »What Is Murder in the First Degree in Oklahoma?
Murder One is the most serious crime you can commit in Oklahoma and it comes with rather stiff penalties. Read more »Bosse Order Vacated & Withdrawn from Publication by OCCA
I would predict based on that since Wallace came out, the state's appeal to the United States Supreme Court in Bosse is going to be withdrawn. Read more »Re-Prosecution in Federal or Tribal Court after McGirt Dismissal Doesn't Violate Double Jeopardy
Double Jeopardy provides that, nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb. Read more »How Do I Know What the State is Required to Prove in My Criminal Case?
There is a simple resource that anybody can use to find out the general information, that resource is the Oklahoma Uniform Jury Instructions. Read more »Can You Get Traffic Tickets Expunged in Oklahoma?
In the state of Oklahoma, the answer is yes and no and it depends on what your goals are and what you're trying to do. Read more »How Do I Check the Status of My Expungement in Oklahoma?
First off, if you're filing for an expungement, you have representation, obviously, contact your attorney. Read more »What Crimes Can Be Expunged in Oklahoma?
Any crime is potentially eligible for expungement. There is no crime where it's set out that it can never be expunged off of your record. Read more »McGirt v Oklahoma Timeline
July 9-McGirt decision handed down by the U.S. Supreme Court March 11- Hogner v State of Oklahoma decision that the Cherokee Nation WAS NOT disestablished April 1- Grayson v State of Oklahoma decision that the Seminole Nation WAS NOT disestablished April 1- Sizemore v State of Oklahoma decision that the Choctaw […] Read more »
