| Victories 2005 |
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KEVIN ADAMS
(Tulsa) represented a fellow who listened to the GnR song "Used to Love Her" and took it literally---a little too literally. The State alleged: client and his former-fiancee got into fisticuffs, she hit him with a bottle, knocked him down and got an iron grip on his balls; he strangled her to death, panicked, staged a break-in
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PATRICK ADAMS
(Tulsa) strikes again for the second time in the month of March with another felony acquittal.
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SCOTT ADAMS,
(Oklahoma City) won an acquittal on Thursday, May 12, 2005, in a first degree murder/shaken baby case.
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R. SCOTT ADAMS & JOE BRETT REYNOLDS
(OKC) traveled down south to the great city of Altus where the State had accused the client of the dastardly crime of shooting w/intent to kill. According to the excellent newspaper article about the case in the Altus Times, the State apparently relied upon a succession of shackled, jail-house snitches for the bulk of its case.
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TOMMY ADLER
(OKC) won an acquittal on Wednesday, September 14, 2005, for his client, described as a "salon manager" on thirteen (13!) counts ranging from kidnapping to assault & battery
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ASHLEY ALTSHULER
(Oklahoma City) heard some good news on April 20, 2005: Judge Bragg just granted his motion to suppress in a trafficking case where client was facing LWOP. Woohoo! Cops pull into client's driveway as client is backing out, blocking client in. They have an arrest warrant. Client gets out of the car and cops ask for consent to search the house. Client says, "Yes." Cops spend about 15-20 minutes searching house, find some alleged piddly stuff. After searching house, cops ask client if they can search the car. Client says, "No." Cops search anyway
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DAVID AUTRY
saved a client from the death penalty on Tuesday, February 1, 2005 in Oklahoma County.
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DAVID T. BALL
(Stroud) got some justice in Creek County in an armed robbery case with client facing 20-life because of four very bad priors. There was a co-D that did a deal for three years who was writted out by the State to testify but seemed to have developed amnesia while in prison.
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RANDY BAUMAN
(Oklahoma City, Federal Public Defender), successfully represented a death row inmate before the Oklahoma Pardon and Parole Board on Wednesday, April 20, 2005. Randy's client, Garry Thomas Allen, was convicted in the 1986 murder of the mother of his children
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BILL BAZE,
in the Smith case, a solid DUI winner which involved a strange situation where a trial to the court was reversed on a jury instruction issue(!)
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JEFF BELOTE
(McAlester) ran into some prosecutorial shenanigans but still managed an acquittal on May 10, 2005, in a felony stalking case.
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ED BLAU & DAVID MCKENZIE
(OKC) entered the courtroom of District Judge Twyla Gray and came out with some justice when,...now get this...Judge Gray sustained a demurrer to the evidence after the jury had been empaneled and heard testimony for two and half days(!!!) Case dismissed.
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ROBERT CARTER
heard the magic words on February 9, 2005 in Oklahoma County in Judge Twyla Gray's courtroom
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MARK CLAYBORNE, OKC, on Thursday, September 15, 2004, converted a dreaded Trafficking charge into a simple possession of marijuana and paraphernalia
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CLEVELAND COUNTY
/ The whole county gets the kudos this week! I don't have many details because I was simply unable to contact all the winners, but it started on August 15 with Sarah Evans and Debi Loeffelholz winning a jury trial in a juvenile case where client was charged
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JOHN W. COYLE, III, and JOHN W. (Billy) COYLE, IV
(Oklahoma City)--he's baaaaaaack!!! Johnny and Billy tried a federal credit card fraud case (three counts) in front of Judge Leonard and a jury of the client's peers last week. AUSA was Jim Robinson. Client accused of credit card fraud by using credit cards of her deceased father while she was wrapping up his estate
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JOHN W. COYLE, III & JAMES L. HANKINS, OKC, won a suppression motion on Tuesday, September 27, 2005, in Chandler, OK (Lincoln County) in front of Judge Paul Vassar, whom we were told by local lawyers had never granted a motion to suppress that had the effect of terminating the case. The case involved a traffic stop by OHP Trooper Hanlon for failure to signal a lane change. Hanlon claimed client consented to the search that yielded almost 400 lbs. of marijuana.
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CINDY DAWSON & JAMES WALTERS
(McIntosh County) have apparently scored a very big win in a traffic stop/suppression case. I have not interviewed either of them and report this based on an e-mail post on the OCDLA listserv by Brian Morton. The case involved a traffic stop by OHP that ran the typical route of a stop for speeding, the trooper handing back the documents, and then asking more questions. But this time the driver says, "No,"
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BARRY DERRYBERRY & PAUL BRUNTON
(Tulsa), of the Federal Public Defender's Office, persuaded U.S. District Judge Claire Eagan to grant a motion to suppress on April 15, 2005, in the case of United States v. Barbee
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CHARLES DOUGLAS
(Norman) reportedly won a jury trial last week on Wednesday, September 28, 2005, against charges of rape and forcible oral sodomy before the Hon. Candace Blalock in McClain County. I do not have any more details than this, but congrats, Charles, who appears to have made a very nice transition from the DA's office.
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KENT ELDRIDGE
(OKC, OCDW subscriber) gets the only victory this week in his erstwhile defense of his son in OKC municipal traffic court.
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DAWSON R. ENGLE
(Shawnee) gets the nod for his appellate win in the Phares case above. Good job! I am not familiar with Mr. Engle, so if someone knows him give him some props!
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CHRIS EULBERG
(Oklahoma City) won a solid case in federal court on May 11, 2005, via a highly unusual procedural route in the Wilson case
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STEPHEN FABIAN
(Oklahoma City) returned to the winner's circle on Friday, April 8, 2005, when he managed to get a demurrer sustained at PH in a DUI case.
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JIM FRANSIEN
(Tulsa), represented client charged with Kidnaping, AFCF, and Violation of Protective Order in Tulsa County. State offered 10 to do. No thanks, let's go to trial.
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MIKE GASSAWAY & JOHN JENSON, OKC, AND ALSO MARCO PALUMBO & TIM "TARZAN" WILSON, OKLA. CO. PUB. DEFENDER'S OFFICE
Two gangbangers were charged jointly with a gang-retaliation murder (retaliation for the killing of a nine-year-old child). Both defendants tried jointly in Judge Black's courtroom in Oklahoma City with Mike lead counsel for the alleged driver of the car and Marco lead counsel for the alleged shooter. The State was represented by Pattye High and Sandy Elliott, two very hard-core and hard-edged prosecutors. The two clients were charged with Murder I and also A&B w/Deadly Weapon on the survivor. The State presented testimony from the survivor/eyewitness (also a gang member), the cops who did not conduct any meaningful investigation, and two cops who were "gang experts" who did not actually investigate the facts of the case, but told the jury all the horrible things that gang members do.
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AMBER GILL
traveled from her home base in Enid to the great city (okay, town) of Cherokee, Oklahoma (Alfalfa County) to defend her client against an accusation of first degree rape.
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JACK GORDON, JR.
(Claremore), appeared before Judge Wall in Tulsa County on Monday, March 14, 2005, and secured one of the most elusive legal victories of all: post-conviction relief in the state district court in a capital case(!!)
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CORI GRAYSON & TRAVIS GRAFE
(Tulsa County Public Defender's Office), defended client charged with Burg. II (trying to steal some tires from a business). Client had prior for embezzlement and State offered four years. Offer--de-nied.
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S. GAIL GUNNING
in the McNeil case, particularly good result in calling out experienced policeman on evidentiary harpoons;
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CATHY HAMMERSTEN & CINDY TEDDER:
I have not heard much good news from the trenches lately, but this comes to me from Jack Pointer who reports that these two secured LWOP for their client in a death penalty case in Oklahoma County in the teeth of terrible facts
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JAMES L. HANKINS
(Oklahoma City), Supreme Court cert. grant/vacate/remand in light of Booker on sentencing issue. The Tenth Circuit decided the case prior to Blakely. I raised the Blakely issue on cert.,
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DON HASLAM
(Tulsa) got an acquittal in a hotly contested child abuse case in Tulsa (09.2005) that was apparently also a re-trial. Don reported that he had to move to recuse the DA because she showed the complaining witness some excluded evidence to influence his testimony
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KIMBERLY D. HEINZE,
06.18.05 (OIDS) in the Brown case, another fairly rare certiorari winner out of COCA. Always a very good result when the client pleads guilty in state court and then gets another shot.
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BRIAN HERMANSON,
Ponca City, got some justice in Stillwater on Friday, April 29, 2005. Client arrested when cop ran his tag and it came back reported stolen (the tag). At preliminary hearing the State put on the actual owner of the tag. Here is where it gets interesting.
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JOHN HUNSUCKER
(Oklahoma City), won an acquittal in a domestic abuse trial on Tuesday, February 15, 2005 in Judge Glenn Jones' courtroom,
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GARVIN ISAACS,
Oklahoma City, won an acquittal in a well-publicized jury trial on Wednesday, May 4, 2005, in Sooner country, Norman, Oklahoma, while representing a Nebraska football player charged with aggravated assault and battery on an OU "RUF/NEK" that occurred during pre-game drills.
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RON JONES, JAMES L. HANKINS, BOBBY FAULK
laced them up in Enid on Monday, June 27, 2005, before a solid Garfield County jury. Client accused of two counts of Lewd Mol. against two separate complaining witnesses. Motion to Sever.
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STEPHEN JONES,
Enid, in the Holder case (10th Cir.), federal habeas case reversed and remanded to the District Court for an evidentiary hearing on an IAC claim.
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STEPHEN JONES & DEANNA JUHL, Enid, won an acquittal on Wednesday, September 14, 2005, in a jury trial before Judge Linder in Woods County after six days of testimony. Client charged with second degree murder in a "shaken baby syndrome" case
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KATRINA LEGLER,
in the C.R.B. case [any details on this case, Katrina?], enigmatic winner in a juvenile delinquency case where Katrina apparently convinced the State to confess error---at it did!
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JAMES H. LOCKARD & MICHAEL MOREHEAD, OIDS, ground out a very nice appellate victory in the Mitchell case. It ain't every day a death sentence and a sentence of 1,000 years (!) gets reversed. Terrific work!
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RANDY LONG
(Enid) walked his client out of the courthouse in Enid on Wednesday, July 27, 2005, after the jury acquitted on all ten counts of Lewd Molestation.
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GLOYD MCCOY,
OKC, in the Phillips case, prosecutorial misconduct win in COCA that resulted in client's sentences modified to run concurrently.
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MICHAEL MCGUIRE
(Tulsa) does it federal style, in the Northern District in Tulsa, representing client charged with--in full fed fashion---71 counts(!) of possession of CDS, money laundering, and structuring. How to win this, you ask?
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JAYE MENDROS
(Oklahoma City), recently relocated to 204 N. Robinson, Suite 1125, 405.605.8639), scored a victory in Edmond municipal court in a Minor in Possession case. Client was at an apartment where drinking was going on at UCO.
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GEORGE MISKOVSKY, III
(OKC) won acquittals last Friday in Oklahoma County for a client charged with Murder in the First Degree, Arson, and Conspiracy to Commit a Felony (Robbery with a Dangerous Weapon). According to an article in The Oklahoman, George's client was charged with two other men.
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TOM MORTENSEN
(Tulsa) scored a nice win on Tuesday, May 17, 2005, when he walked a client on a charge of shooting with intent to kill;
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MIKE O'BRIEN
(Oklahoma City) gets special recognition this week for the Hammons case above and for giving us an appellate opinion in which a court actually chose to disbelieve the testimony of a cop. Bravo!
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RICHARD O'CARROLL
(Tulsa), resolved a bizarre situation in the favor of his clients on March 16, 2005, in Wagoner County. A reserve deputy for the Sheriff's Office contacted clients who consented to a search of their property which resulted in charges of cultivation and possession with intent. Turns out, the reserve deputy is also a member of the Bar (that's right, a lawyer)
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LEE ANN JONES PETERS,
in the Payne case, where Lee Ann convinced COCA to find plain error on a double jeopardy claim that resulted in reversal of one of the counts.
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DAVID PHILLIPS
(Tulsa, PDs Office (?), won a NG in a Murder I trial last week in Tulsa. It was a re-trial (the first ended hung 6-6) and client had apparently spent two years in pre-trial detention
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ANDREAS T. PITSIRI
(OIDS) saved the hapless Bonomelli from dying in prison of old age. Bonomelli v. State, No. F-2004-161 (Okl.Cr., November 15, 2005) (Unpublished): Jury trial resulted in convictions for possession of child porn, felonious possession of a firearm, and felonious possession of marijuana, all AFCF, which netted poor Bonomelli a 40, a 20, and a 40, which the trial court uncharitably ran consecutively.
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STEVE PRESSON,
Norman, achieved a solid winner in the Walck case above on an issue that rarely prevails, but when it does it's a complete victory. Well done.
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CHERYL RAMSEY
(Stillwater), gets a well-deserved shout-out this week for vanquishing the DPS in the trial court and then proving it in the Court of Appeals in the McLean case,
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RICK RICE
(Midwest City) won an acquittal in a one-day DUI trial before Judge Glenn Jones in Oklahoma County a few weeks before Christmas. Charles Sifers reported this
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MICHAEL D. ROBERTS
(Enid) usually slugs it out in divorce court, but on June 15, 2005, he found himself in the courtroom of special district judge J. Bruce Harvey representing a client charged with one count of Possession of CDS in the Presence of a Minor (making it a felony).
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RYLAND RIVAS
(Chickasha) went to jury trial with client charged with two counts of lewd molestation of stepdaughter. Client convicted on Friday, April 29, 2005, and sentenced to ten years on each count. How is this a victory story, you ask?
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CARLA ROOT & CREEKMORE WALLACE
(Sapulpa), headed to Tulsa on Monday, March 7, 2005, for a good old fashioned murder trial. No Bill filed, but still, a charge of Murder I will get the adrenaline going. State alleged a gang-related murder but with thin evidence (all circumstantial) and no forensics.
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JIM ROWAN
(Oklahoma City) defended Kevin Thomas Macklin, 22, in a capital case in Oklahoma County last week (June, 2005) and was able to spare Macklin from the death penalty.
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CHARLES SIFERS
(Oklahoma City), on June 23, 2005, won an acquittal in a felony DUI case in Oklahoma County that sounds like incredibly sharp lawyering. Client on trial for a second felony DUI in a refusal case.
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STUART SOUTHERLAND
(Tulsa P.D) gets props for his enterprising win in the Poe case. Cert. cases are difficult in any event and particularly so when advancing a novel theory for relief (at least I have never run across that basis upon which to withdraw a plea). Cheers!
01.13.06 (Tulsa Public Defender's Office) obtained complete relief on appeal for the hapless Mr. Watson. Good law on the "Make My Day" statute and a solid win resulting in complete dismissal and exoneration. Terrific job, Stuart!
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JARROD STEVENSON,
in the Hargrove case, solid on a "bad acts" issue that resulted in modification of sentence from 5 to 2 years--real time for the client.
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RICK STOUT
gets this week's (and probably this year's) award for most unusual trial. Client charged with three counts of lewd molestation against biological teen-aged daughter in same household. Nothing unusual about that. But, the defense at trial was no intent because he was SLEEPWALKING when the acts occurred.
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STEVE SWANT
(Tulsa), put the State to the test on Wednesday, March 9, 2005: the same day and place that Patrick Adams was getting his trafficking acquittal and Carla Root was getting murder charges dismissed(!) Steve's client was in the docks facing Burg. I with three priors and looking at 20 to life.
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LARRY TEDDER
(Oklahoma City), got an internet sex solicitation case kicked out of Cleveland County on Monday, March 7, 2005,
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UNKNOWN
(Tulsa) I was in Tulsa at the federal courthouse filing a document (after filing other documents at the state courthouse) when someone came into the clerk's office and said that a jury had reached a verdict. I filed my document and went into Judge Kern's courtroom to watch it. Two defendants were charged with beau coup counts of something, bank robbery and conspiracy or some such, about 60 or 70 counts.
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CREEKMORE WALLACE
last year's recipient of the OCDLA Clarence Darrow award, on Wednesday, February 16, 2005, in Creek County (he's so good, they named the county after him), demurred to the evidence in a sexual abuse of a minor charge during a non-jury trial before the Hon. April Sellers. Judge Sellers, who is rumored to have an embroidered picture hanging in her chambers saying that children should be heard and believed, agreed with Creek and sustained the demurrer.
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JOSH WELCH, Ogle & Welch in OKC, and MARK EDWARDS
(McAlester) earn the award this week for trial skills and pure chutzpah! I assisted with a lot of the pre-trial motion practice in this case and I can tell you that the ultimate result--complete exoneration and acquittal on all charges--was the result of good old-fashioned aggressive lawyering. Client charged with multiple counts of rape and lewd acts on two of his step-daughters. Daughters had made accusations and recantations before against different men and this was in the DHS files.
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JOSH WELCH & JAMES HANKINS
(Oklahoma City) got some love in Pittsburg County on some motion practice, including a motion to suppress a written confession in a lewd acts case. I drafted the motions and Josh argued them and conducted the Jackson v. Denno hearing that resulted in the suppression
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JAMES R. "JAKE" WILLSON
(Lawton), on Wednesday, February 9, 2005, won an acquittal for his 18-year-old client against a charge of Rape I (statutory). The allegations were made by a 13-year-old girl who alleged consensual intercourse. Client admitted the acts to the police on videotape, did not take the stand, and the prior sexual promiscuity of the complaining witness did not come in because of the shield law.
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NANCY ZERR
(Oklahoma City), gets some belated acknowledgement for her work in the Dean case that was spotlighted in the newsletter last week.
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