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oklahoma court of criminal appeals

Bill Would Abolish the Oklahoma Court of Criminal Appeals (Part 1)

A bill in the 2018 Oklahoma legislature would let voters decide whether the Oklahoma Court of Criminal Appeals should be abolished. Among 50 states, only Oklahoma and Texas have separate appeals courts for criminal and civil matters. Defense attorneys say the split has resulted in a prosecution friendly appeals court that is sometimes blithe indifference to its own precedents.

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false confession

Researchers Say Police Interrogation Technique Elicits False Confessions

Until recently, nearly every police agency in the nation relied on an interrogation practice called the โ€œReid Method.โ€ This harsh method aims to squeeze confessions from suspects through stress, fatigue, intimidation and sympathy. A recent research paper by a University of Virginia Law student suggests the Reid Method is highly likely to elicit false confessions.

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Tulsa uninsured driver attorney

Tulsa Attorney Explains Uninsured Driver Enforcement Flaws on KTUL

Tulsa attorney James M. Wirth appeared on KTUL to explain flaws a new law that will use remote cameras to enforce Oklahoma driving without insurance laws. The law ignores an age old presumption of innocence before trial, makes light of probable cause requirements before a citation can be issued, lays groundwork for arrest warrants to name insured drivers who never received notices of a citations, allows officials to rely on a database that might exclude one in 20 insured drivers, and appears to be a cash cow for District Attorneys who can shuffle accused drivers into a probation program without ever taking them to court.

Tulsa Attorney Explains Uninsured Driver Enforcement Flaws on KTUL Read Post ยป

policing for profit oklahoma

Swedish Firm Operates Cameras Enforcing Oklahoma Driving Without Insurance Law

Cameras to enforce Oklahoma compulsory insurance laws headed to Tulsa. The semi-automated system is likely to result in systematic wrongful prosecutions. District Attorneys, who stand to gain $20 million a year for operation of the program, have little incentive to curtail wrongful prosecution or arrest of otherwise insured drivers.

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driving without insurance Oklahoma cameras

Robotic Uninsured Driver Enforcement Could Automate Wrongful Prosecution

A police officer’s desktop review of images taken by roadside cameras and information stored in state databases is enough to arrest drivers suspected of driving without insurance in Oklahoma. The newly approved system threatens to automate wrongful prosecution by District Attorneys who have a financial incentive to allow systematic mistakes.

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Oklahoma DUI law overturned

Sweeping 2017 Oklahoma DUI Law Overturned

The Oklahoma Supreme Court has overturned a sweeping 2017 DUI law for due-process flaws and for violating constitutional single-subject requirements. The entire law was set aside before it even took effect. The decision means ongoing uncertainty for thousands of drivers accused of DUI – and police enforcing DUI laws – with regard to the procedure for contesting drivers license revocations after DUI arrests.

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Okmulgee attorney Justin Mosteller

Wirth Law's Okmulgee Attorney Speaks Out on Motion to Disqualify Judge

The Tulsa World quoted Wirth Law Office’s Okmulgee criminal defense attorney Justin Mosteller in an article about Okmulgee District Attorney Rob Burriss’ Motion to Disqualify Judge Ken Adair from hearing criminal cases in Okmulgee. The judge stayed action in about 200 cases for more potnetially than three months until the Motion to Disqualify is resolved. Mosteller said the motion could have a chilling effect on judges who question the truthfulness of police testimony.

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Tulsa medical negligence attorney

Oklahoma Informed Consent Requires Disclosure When Assistants Perform Surgery

The Oklahoma Supreme Court has reversed a district court decision in a Tulsa medical negligence case where a patient said she had not given informed consent for an assistant’s involvement in surgical procedures. In Oklahoma medical negligence claims, evidence that a patient did not consent to a particular assistant’s participation can be a reason to take a case to trial, the court concluded.

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Tulsa sex crimes DNA defense attorney

Rape-Kit Task Force Could Spark Flood of Oklahoma Rape Charges

An Oklahoma governors panel tasked with explaining a backlog of rape kits in police evidence warehouses has the potential to start a flood new Oklahoma rape charges against innocent people based on trivial DNA evidence and contrived theories of a crime. A new look at old DNA evidence could, however, result in wrongfully convicted people finally finding justice.

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Tulsa child custody attorneys

State Court Defines Primary Physical Custody in Oklahoma Joint Custody Orders

In a landmark child custody ruling, The Oklahoma Supreme Court has decided parents who share share joint custody of a child may not petition to relocate the child unless a court has declared one parent to be the primary physical custodian. A Tulsa child custody attoroIn a landmark child custody ruling, The Oklahoma Supreme Court has decided parents who share share joint custody of a child may not petition to relocate the child unless a court has declared one parent to be the primary physical custodian. explains how the ruling affects parents with various types of child custody in Oklahoma.

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Oklahoma speedy trial violations in DUI cases

Oklahoma Supreme Court Finds Speedy Trial Violation in DUI License Revocation

The Oklahoma Supreme Court handed down speedy trial guidelines for DPS drivers license revocation hearings, suggesting the hearings must be scheduled within 60 days after DPS receives a request for a hearing. But DPS has been notoriously reluctant to accept its losses. While the new precedent could pave the way for streamlined hearing process, we anticipate the DPS docket will remain clogged with cases the Supreme Court would likely dismiss but DPS will more likely refuse to let go until told to do so by a superior court.

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