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State ex rel. Oklahoma State Bureau of Investigation v. Durkee,
No. 101,176 (Okl.Civ., Div. III, October 21, 2005) (Unpublished): Not exactly a criminal case, but still an amazing case where Durkee, a licensee under the Oklahoma Self Defense Act, was arrested for domestic violence (not involving a gun), but the DA did not prosecute. OSBI suspended his concealed-carry license based upon the arrest alone. The District Court vacated the suspension because it violated the Oklahoma Constitution as an illegal "bill of attainder" and also because the provision was unconstitutional as applied to Durkee(!) The appellate court affirmed on the as-applied ground (it expressed no opinion on the bill of attainder issue) finding no rational basis between the restriction and the facts of the case (Durkee struck his 21-year-old non-resident son with his fist; no gun involved). The appellate court also invoked the presumption of innocence since the DA will not prosecute, Durkee has not been proven guilty, and Durkee did not and will not plead guilty; he is therefore forever more presumed legally innocent. Probably a good candidate for the Oklahoma Supreme Court to weigh in on this question. FYI, a bill of attainder is a "legislative act which inflicts punishment without a judicial trial."
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