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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 (United States v. Wilson, No. CR-04-198-R (W.D. Okla., May 11, 2004: click HERE to see the opinion). Terrific win for the client and on grounds that preclude re-trial to boot. Good job, Chris.
12.2005: Represented a client charged in Oklahoma County with possession of cocaine with intent to distribute and possession of paraphernalia. Chris filed a Motion to Suppress based upon a lack of reasonable suspicion to suspect criminal activity under Terry v. Ohio (client was sitting in a parked car at an apartment complex). Judge Elliott denied the Motion so the case proceeded to trial. The parties waived jury and the case went to a bench trial where Chris re-argued the motion and, at the conclusion of the State's case, Judge Elliott "reluctantly" granted the Motion to Suppress and also the Demurrer, thus ending the case for the grateful (we think! we hope!) client. VERY good lesson here: Do not give up! Always make a record of objections because you just might win. NOTE: I have filed two appeals recently involving this procedure where jury is waived and the case is presented to the trial court in order to preserve the search and seizure issue. In one of them, the trial lawyers filed a Motion to Suppress at preliminary hearing (good), then filed another one and a Motion to Quash before the District Judge after the bind-over order (good) which was denied and then the case proceeded to a bench trial where I could not find where defense counsel objected to the search at trial (NOT good!). Ugh. This has given me some indigestion and offended my appellate sensibilities. ALWAYS FOLLOW UP MOTIONS WITH SPECIFIC OBJECTIONS AT TRIAL!!!
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