Criminal Law
Does Matloff v. Wallace Mean Cases Dismiss Under McGirt Can Be Refiled?
There's been a number of cases that have already been dismissed on McGirt that were at the post-conviction level. Read more »OCCA Does Complete 180 on McGirt in Matloff v. Wallace Decision
If the CCOA couldn't find a way to save these convictions the then it's going to be very difficult for anybody else to do so. Read more »How McGirt Impacts Municipal Court
There are municipal courts that are assuming jurisdiction over defendants who would otherwise be exempt from state jurisdiction under McGirt. Read more »Expungement 101: How Does the Process Work
The law in Oklahoma requires that we give 30 days' advanced notice of any expungement hearing to all interested parties. Read more »Does Edwards v. Vannoy Affect McGirt in Oklahoma?
Edwards was a defendant that was criminally charged in Louisiana for some pretty bad offenses; armed robbery, rape kidnapping, and the such. Read more »What's the United States Supreme Court's Test for Whether to Stay a Lower Court Ruling?
The feds have already filed charges against Bosse that are going to be picked up and moved forward, regardless of whether the state conviction is reversed or not. Read more »McGirt: Does SCOTUS's Bosse Stay Affect Your Post-Conviction Relief (PCR) Case?
First off, the Bosse case is important for a couple of different reasons. It expanded the McGirt decision to the Chickasaw Nation. Read more »Oklahoma Points on Drivers License
How to Check Points on Drivers License The list below outlines how many Oklahoma drivers license points will be assessed for various traffic violations. This information is derived from the administrative code of the Department of Public Safety (Title 595, Chapter 10, Appendix A). Accumulation of 10 or more points in a five year period […] Read more »What Is Considered a Violent Crime in Oklahoma?
The Prison Overcrowding Emergency Powers Act allows certain people to be released from incarceration early if it's a nonviolent crime. Read more »Oklahoma Attorney Discusses a Motion to Remove an Ankle Tag
Now in the state of Oklahoma, the main purpose of bond and conditions of bond is to secure appearance for the person. Read more »State Appeals Bosse Case to United States Supreme Court
The Bosse case is a state case filed in 2010 and there was a conviction in it and he's been in jail for an extended period of time. Read more »How to Deal With the Police While Armed
In the state of Oklahoma, you have the right to carry a firearm for your personal defense without a permit. Read more »OCCA Denies State Appeal Requesting the Court Delay McGirt Ruling
So the person was charged with a crime, went to a preliminary hearing, was bound over a preliminary hearing. Read more »Lumpkin: "Subject Matter Jurisdiction May -- Indeed, Must -- Be Raised at Any Time."
I've asserted previously, and it should be pretty clear cut by now if we're talking about a McGirt claim, and that is that the defendant or the victim is Native American and that the site of the crime is in what is now considered to be tribal territory based under McGirt and its progeny, then the state of Oklahoma lacks jurisdiction, and that is subject matter jurisdiction, and subject matter jurisdiction cannot ever be waived. And therefore, all of these procedural bars do not apply. Read more »How to Be a Good Friend if Your Friend Is Getting Arrested
A good starting point is if you can still talk to them before they get hauled off, tell them to shut up. Read more »McGirt: Death Sentence Overturned by Victim's Posthumous Tribal Enrollment
This case is relevant as to the timing of tribal enrollment and how that affects a conviction in a McGirt-type case. Read more »Can I Legally Flip off the Police?
When you get in trouble because you were being a jerk. I can't say it enough. Don't be disrespectful to cops. It's stupid. Read more »The New Wave of McGirt: Attacking Sentence Enhancements & Predicates
Indian Country attorney James Wirth, speaks on the shocking new developments regarding the McGirt v Oklahoma case. Read more »Bosse Mandate Stayed for 45 Days (Until May 30, 2021)
McGirt attorney, James Wirth speaks about the Bosse decision and the mandate. Read more »Muskogee Judge Dismisses McGirt Case with Subsequent Tribal Enrollment
Tulsa attorney James Wirth, speaks on a Muskogee case of somewhat notorious interest, and that's the case of Leroy Jemol Smith. Read more »Do I Have a Right to Self Defense if I Am the Victim of Domestic Violence?
Under Oklahoma law, you do have a right to reasonable self-defense if somebody attempts to use unlawful force against you. Read more »Pro Se McGirt Post-Conviction Relief Fail
McGirt Attorney James Wirth, speaks on a case that where a defendant filed on their own for post-conviction relief. Read more »Ottawa County Judge Rules Peoria Tribal Reservation Never Disestablished (McGirt Expansion)
McGirt attorney James Wirth, explains how Ottawa county judge rules Peoria Nation Reservation never disestablished. Read more »Faster Complete Expungements Now Available for Some Deferred Sentences in Oklahoma
Deferred sentence expungement is when you receive a plea deal where you're on a deferred sentence, you do your probation, you complete it, and upon successful completion, the case is dismissed and expunged. Read more »Can You Change Lawyers During a Divorce in Oklahoma?
The answer to that is yes, you have a right to choose your attorney so long as you can afford your attorney. Read more »
