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| Victories 2007 |
MICHAEL ARNETT, (OCDW 12.17.07), OKC, won a suppression motion before Judge Goodwin in Custer County, then vanquished the State again when prosecutor Stephanie Jones appealed! Very nice, Mike!
KIM BAZE, OIDS, (OCDW 12.17.07), deserves some mention for her efforts in the Garrison case, in which she was instrumental in preparing the extra-record facts of IAC which carried the day with Judge Seay in the Eastern District when he granted the writ! Excellent work, Kim!
S. GAIL GUNNING, (OCDW 12.17.07), OIDS, transformed the 70-year sentence for Mr. Kingery into a 25-year sentence on appeal. Very nice, Gail!
STEVE STICE, (OCDW 12.17.07), Norman, won a not guilty in a Lewd Mo case Friday, December 7, 2007. I am informed that the client testified (and had priors), but the best part was that the jury was out for two hours, primarily to get that state-paid free dinner; or else they would have returned in about 30 minutes! Terrific job, Steve!
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STUART SOUTHERLAND, (OCDW 11.26.07), Tulsa Co. Public Defender's Office, secured some appellate relief for Mr. Mach in an unreported case (reversal of two counts). This is significant for Mr. Mach because all his counts were ordered to run consecutively. Another good result for Stuart!
TULSA COUNTY PUBLIC DEFENDERS OFFICE: (OCDW 11.26.07), The Tulsa County PD has had a string of acquittals lately. CURT ALLEN won an acquittal in a Robbery with a Dangerous Weapon case; JILL WEBB won a Violation of Protective Order case; and MARNY HILL walked her client in a three-count Sex Abuse case. And, DAVID PHILLIPS was handed a case for trial that was reversed by the work of OIDS appellate attorney KATRINA CONRAD-LEGLER on a suppression issue. Phillips re-asserted the search issue and Judge William Kellough kicked the case. This is amazing because this was a Trafficking case with priors, meaning that LWOP was the only available sentence! Oustanding work out of Tulsa!
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BRIAN HERMANSON, (OCDW 11.19.07), a NG for a client on charges of Conspiracy to Distribute CDS and Felony Murder (Death caused by Distribution of CDS when a woman died at a hotel of an overdose during the alleged Distribution). This was actually the second go-round since the first trial ended in a mis-trial. Another good win for Brian!
STEVE M. PRESSON & ROBERT M. JACKSON, (OCDW 11.19.07), nice appellate win for the "lecherous" Willard Jackson who, although he must be re-sentenced on a lesser charge, escaped the dreaded LWOP that the jury gave originally. Superb work, Steve and Robert!
STUART SOUTHERLAND, (OCDW 11.19.07), Tulsa Co. P.D., won a re-sentencing on appeal for Carlis Anthony Ball. Another good appellate victory for Stuart!
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TOMMY ADLER, (OCDW 11.05.07), OKC, convinced an Oklahoma County jury to acquit a 73-year-old man accused of manslaughter in the stabbing death of another man at a retirement home in 2005. He asserted self-defense and that carried the day. It probably did not hurt that the other man was younger (52), bigger and stronger, and was smoking crack cocaine when the client asked him to leave. He refused and it ended badly. Congratulations on a good win, Tommy!
JOHN W. COYLE, III, & BILLY COYLE, (OCDW 11.05.07), OKC, also heard the words "not guilty" from the jury foreman last Thursday in Oklahoma County when a former coach at a charter school as acquitted of sexually assaulting a 15-year-old girl. The client testified in his own behalf and denied the allegations during the four day trial. Another good win for JW!
GARVIN A. ISAACS, NANCY A. ZERR, MARK HENRICKSEN, & MICHAEL R. WILDS, (OCDW 11.05.07), all represented OKC attorney David Autry in his contempt case, both at trial before judge Caswell and on appeal in the Court of Criminal Appeals where the Court, in a published opinion, vacated the huge imposition of "costs" to the tune of over $13,000.00. I am glad that these fabulous lawyers achieved such a good result for another fabulous lawyer defending a client charged with Murder in the First Degree and facing the death penalty. Kudos to all!
MICHAEL D. ROBERTS, Enid, JAMES L. HANKINS, OCDW 11.05.07), OKC, won a victory for nubile 18-21 year-olds in Garfield County by preserving their right to dance in a nearly nude state lawfully in the Fancy's opinion. I assisted Mike on this case both in the trial court and in the Court of Appeals. For some reason, the panel of the Court of Appeals scheduled this case for oral argument at OCU Law School. This was quite a big deal for Mike and the city attorney, Carol Layman. The place was packed with law students and the judges were very active in their questions on this subject. Both Mike and Carol did a superb job under very stressful conditions!
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ANNE MOORE, (OCDW 10.29.07), OKC, convinced the Court to send Mr. Airehart back to Judge Goodwin's court to try his hand at Drug Court again. Nice work, Anne!
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KIMBERLY ADAMS, (OCDW 10.22.07), McAlester, convinced the Court of Criminal Appeals to trim 10 years off the sentence of Mr. Terrell. I believe this is the first appellate decision from the Court applying the 2403 balancing to 2414 evidence. Terrific work, Kimberly!
KIM CHANDLER BAZE, (OCDW 10.22.07), OKC PD, persuaded the Court of Criminal Appeals to cut the sentence of Mr. Whitworth from 100 years to 50 years on an 85% Rule issue. Good work, Kim!
CHRIS EULBERG & JEFF EULBERG, (OCDW 10.22.07), OKC, scored a terrific win and a published opinion to boot in the Tran case. It is particularly satisfying to win in the District Court and then prevail again in the Court of Criminal Appeals. Super job by the Eulbergs!
STEVEN M. PRESSON, (OCDW 10.22.07), Norman, scored a very nice win on a search and seizure issue in the Horn case. Super job, Steve!
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AL HOCH, Jr., (OCDW 10.08.07), OKC, went to Payne County a couple of weeks ago and convinced the jury to acquit his client of First Degree Arson. The jury was out about an hour and a half. Good job, Al!
THERESA MCGEHEE, (OCDW 10.08.07), Durant, won an acquittal in a sexual assault case a couple of week ago. I do not have many details but the jury was apparently out less than one hour. Way to go, Theresa!
JOSH T. WELCH, (OCDW 10.08.07), Ogle & Welch, P.C., OKC, worked a Child Sexual Abuse case very hard in Canadian County that resulted in a dismissal of the charge in late September, 2007. There are some good lessons in this case (see article above) in dealing with these types of cases. Terrific work, Josh!
THE NORTHERN DISTRICT OF OKLAHOMA (OCDW 10.08.07), has apparently had a string of acquittals in federal court (Tulsa) since August and also a deadlocked jury. I have few details on these but the lawyers involved are Skip Durbin, Shannon McMurray, Bud Howard, and Stan Monroe. Very nice work!
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MARNY HILL, (OCDW 09.17.07), Tulsa P.D., convinced the jury to acquit her client, who had been sitting in jail for a year, in a sex case. Bravo, Marny!
LINDA H. MCGUIRE, (OCDW 09.17.07), Edmond, had a very sharp eye in the Wakefield appeal, catching that the statute was not enacted when the crime was committed. Very nice, Linda!
CAROLYN MERRITT, (OCDW 09.17.07), OKC P.D., saved the loathsome Mr. Gibson from LWOP by convincing the Court that legal errors in sentencing precluded such a sentence. The result was an interesting case for us to read and a good result for the client. Super job, Carolyn!
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JAMES H. LOCKARD & KATHLEEN SMITH, (OCDW 09.03.07) OIDS, convinced the Court of Criminal Appeals to vacate the death penalty in the Malone case. When you read the facts it is clear that this was quite a feat. Very nice job James and Kathleen!
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JOHN MICHAEL SMITH, (OCDW 09.03.07) OKC, tried a domestic abuse misdemeanor jury trial before Judge Croy last week. Although I do not have many details on this, I am informed that the "victim", the defendant, the investigators, and all witnesses, were police officers(!) Jury out nine hours and considered the confession of the accused before bringing back an acquittal. Terrific work, John!
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WARREN GOTCHER
(OCDW 08.27.07) won an acquittal in Pittsburg County for a client charged with First Degree Murder in the death of a former employee. Jurors deliberated for little more than an hour before finding the client not guilty of both the principal charge and the lesser crime of heat of passion manslaughter. The defense was self-defense. Terrific work, Warren!
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THOMAS W. HOSTY, (OCDW 08.13.07), OKC, scored a nice appellate win in the Court of Appeals, winning the driving privileges back for his client, the down-and-out Mr. Kelley. The case is significant because the appellate court seems to have adopted the "temporary shelter" or "refuge" doctrine in relations to APC cases and, although the decision was in the context of a driver's license appeal, the cases relief upon by the appellate court came from case law in criminal cases and thus the same reasoning should apply in the context of a criminal trial. Very well done, Thomas!
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BILLY J. BAZE, (OCDW 07.16.07), OIDS, obtained another bite at the apple for Mr. Duenas-Flores in an unpublished case on a very enterprising ground---the Vienna Convention! Nice work, Billy!
JAMES L. HANKINS, (OCDW 07.16.07), OKC, won a new trial for Mr. Causey in an unpublished case. This was a pleasant surprise waiting for me in my mailbox when I returned from vacation. Unfortunately, I also did the appeal for Ben Cole, in a published capital case, which was affirmed. So, the bad news is published and the good news is unpublished. But, I'll take it, and so will Mr. Causey.
CAROLYN MERRITT, (OCDW 07.16.07), OKC P.D., won a new trial for Mr. Smith in an unpublished opinion. This is quite a compelling victory in light of the LWOP sentence and the disturbing facts of the case. Terrific win, Carolyn!
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KATRINA CONRAD-LEGLER,(OCDW 06.25.07), OIDS, did some fine appellate work in the Quillen opinion involving the merger doctrine. Not only did Katrina convince the Court that the merger doctrine operated to preclude the murder conviction (which dropped the sentence from 45 to 15), but I am told that this was one of the rare non-capital cases where the Court granted oral argument. Outstanding, Katrina!
LISBETH L. MCCARTY,(OCDW 06.25.07), OIDS, won a nice result for Mr. Richardson by convincing the Court of Criminal Appeals to allow him to withdraw his plea in Jefferson County. Perhaps justice awaits Mr. Richardson. Good job, Lisbeth!
ANDREAS T. PITSIRI, (OCDW 06.25.07), OIDS, secured a new hearing for Mr. Bowie in his quest to withdraw his pleas. Terrific work, Andreas!
STEVE STICE, (OCDW 06.25.07), Norman, was able to secure a dismissal of the charges in a Second Degree Rape case in Cleveland County on the basis of lack of speedy trial. This is quite a feat because if you read through the appellate opinions it is clear that no one ever gets relief in state court on speedy trial claims. Way to go, Steve!
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STEVEN M. PRESSON & ROBERT W. JACKSON, (OCDW 06.18.07), Norman, saved Mrs. Moore life imprisonment without the possibility of parole in an unpublished case. Solid appellate work guys!
GINA WALKER, (OCDW 06.18.07), OKC P.D., went to trial in Oklahoma County before Judge Tammy Bass-Lesure, representing a client charged with trafficking as the result of a COMIT traffic stop. Client was a passenger. The bulk of the drugs were found in the trunk, but marijuana, meth and paraphernalia were found throughout the interior of the car. After four hours of deliberations, the jury found NG on Trafficking, NG on Possession of Marijuana, but guilty of misdemeanor Possession of Paraphernalia. That's pretty darn good for someone in the docks facing 4-life. Great job, Gina!
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JOHN W. COYLE, III, and JOHN W. "BILLY" COYLE, IV, (OCDW 06.04.07), OKC, won a motion to suppress before Judge Elliot in Oklahoma County. Billy argued the motion before Judge Elliot on Tuesday, May 29, 2007, and Cindy Truong represented the State. At the conclusion of argument the court ruled the motion is SUSTAINED! The motion involved a drug case and search and seizure issues. Apparently, the police had a whole bunch of information about drug activity occurring at a business. Unfortunately, there were no facts in the affidavit indicating any connection to drug activity at a residence which, of course, is where the police searched. A copy of the motion can be found HERE. Terrific win for JW and Billy!
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KEITH BERGMAN, (OCDW 05.28.07)Tulsa, won an acquittal in Judge Kellough's courtroom for a client charged with Stalking a local television news reporter. Keith was able to discredit the reporter, Kim Jackson from KTUL Channel 8, in the face of what appeared to be strong evidence of Stalking from six cops, threatening voice messages, and an allegation that client wrecked her car while chasing her (with photos of the damage to the car). Oh, did I mentioned that this is the same client that Bergman and James Linger acquitted in a capital murder case a few months ago? Amazing string of victories for the client and excellent advocacy by Keith!
WINSTON H. CONNOR, II, (OCDW 05.28.07), Miami, OK, scored a superb win in Delaware County before the Hon. Robert G. Haney. Client was charged with Manslaughter in the First Degree in the deaths of three persons who were killed in an airplane crash. Client was apparently the pilot and was not properly licensed or cleared to fly the plane. Tests showed he was not under the influence of intoxicants. Judge Haney granted the motion to quash on the basis that non-licensure cannot, as a matter of law, support legal causation of the deaths in a criminal case under the State's theory that the deaths occurred while client committed a misdemeanor (operating the plane unlawfully). HERE is a copy of the order. Sharp lawyering by Winston!
MARNY HILL, (OCDW 05.28.07), Tulsa, won a NG in a Statutory Rape case in Tulsa County before Judge Kellough last Wednesday. The jury took a whopping 15 minutes to dispose of the State's allegations. Top notch job, Marny!
BRIAN LOUGHRIN, (OCDW 05.28.07), OKC, won an acquittal in Oklahoma County before Judge Black. The charge was Robbery with a Firearm but I do not have many details. Still, a NG is NG. Good job, Brian!
ANDREA DIGLIO MILLER, (OCDW 05.28.07), Okla. Co. P.D., won an appellate sentencing for Mr. Thompson, altering his LWOP sentence to straight life. Another good appellate result for Andrea!
THOMAS PURCELL, OIDS, obtained some appellate relief on the sentencing front for Mr. Lacy. Very nice, Thomas!
PITTSBURG COUNTY: I am informed that there were four jury trials in criminal cases in Pittsburg County for the May jury term that resulted in two acquittals and one dismissal mid-trial(!). This is an outstanding performance by the defense bar in Little Dixie. The ones who made it happen are:
WARREN GOTCHER: NG in a Negligent Homicide case.
JOHN CONSTANTIKES: NG in a Trafficking case where client was a passenger who claimed ignorance of the dope which was stashed in a secret compartment in a rented vehicle.
TOM WEBB: Dismissal mid-trial in an Injury to Minor case. The minor is said to have testified differently from his pre-trial statements and when asked why purportedly stated, "I wasn't under oath before."
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CHARLES FOSTER COX & JASON MURRY, (OCDW 05.21.07), OKC, won an acquittal in federal court before Judge Friot in a quirky case involving a mentally unstable client accused of making a threat to kill President Clinton. The client went to a doctor's office in Edmond to make an appointment and proceeded to embark on a long rant in which he divulged that he was "double-married" to Paris Hilton, was employed as a CIA "black ops" agent, had a direct line to President Bush, and dined regularly with former President Bush at a steakhouse in Durant. He also ranted about Democrats and President Clinton in particular, declaring that President Clinton was a mole planted by the Red Chinese army and that he was going to "pop a cap in Clinton's ass." The subsequent psych-eval declared client insane. Thus, Charles and Jason elected to try the case before Judge Friot on the issue of whether client was NG by reason of insanity or just plain not guilty on the facts. The defense was that, even though client was clearly insane at the time, the speech was political in nature and thus protected by the Constitution in addition to the fact that client had no apparent means to carry out such a threat. The first witness was the office receptionist who testified that the comments were traumatic for her because the doctor at the office had treated the Edmond Post Office killer, Patrick Sherrill. She felt that the threats made by the client were real, that client intended to carry them out, and that she needed to call the police. Charles informs me that she was even more dramatic on cross. THEN the next two witnesses verified that client made the statements, but informed the court that witness number one was not even at work that day(!!!) She had only heard about it second hand and got worked up about it when the witnesses who actually heard the statements did not feel it was necessary to call the police. The clincher came when the Secret Service agent testified. Judge Friot asked the agent if there was any way that he could find client guilty based upon the testimony and the agent replied, "No sir, I don't think you can."(!!!) Charles relayed to me that he had not seen a federal case fall apart like that in a long time. Very nice Charles and Jason!
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JAYE MENDROS, (OCDW 05.21.07), OKC, won a new trial on appeal for Mr. White, convincing the Court to reverse on instructional grounds when defense counsel failed to request instructions on involuntary intoxication. This is a terrific appellate victory for Jaye!
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PAULA J. ALFRED & SHENA BURGESS, Tulsa Co. P.D., won a re-sentencing for Jerome Monroe. Monroe got zapped with LWOP, so a re-sentencing is quite a welcomed sight. Paula did the appeal, but Shena deserves to be mentioned, too, because as trial counsel, she requested the 85% instruction prior to the Court's decision in Anderson. Good job Paula and Shena!
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TODD BURLIE & FERA SHOKAT won a huge "not guilty" in Kay county in a rape case. Good win in a tough case, Todd and Fera!
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PERRY HUDSON & MARNA FRANKLIN heard the Hon. Twyla Gray utter the word "dismissed" in the case of Curtis McCarty last week. McCarty had been in litigation over accusations of capital murder for about 20 years. His case was tainted by Joyce Gilchrist to such a degree that eventually even the death machine in Oklahoma County was forced to say no mas. This must be a very gratifying win for Perry and Marna. Outstanding!
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RICKI J. WALTERSCHEID, OIDS, secured a new hearing for Mr. Fourkiller on his quest to withdraw his pleas. Solid work, Ricki!
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PAULA J. ALFRED & SHENA BURGESS, (OCDW 05.14.07), Tulsa Co. P.D., won a re-sentencing for Mr. Monroe. Monroe got zapped with LWOP, so a re-sentencing is quite a welcomed sight. Paula did the appeal, but Shena deserves to be mentioned, too, because as trial counsel, she requested the 85% instruction prior to the Court's decision in Anderson. Good job Paula and Shena!
TODD BURLIE & FERA SHOKAT, (OCDW 05.14.07), won a huge "not guilty" in Kay county in a rape case. Good win in a tough case, Todd and Fera!
PERRY HUDSON & MARNA FRANKLIN, (OCDW 05.14.07), heard the Hon. Twyla Gray utter the word "dismissed" in the case of Curtis McCarty last week. McCarty had been in litigation over accusations of capital murder for about 20 years. His case was tainted by Joyce Gilchrist to such a degree that eventually even the death machine in Oklahoma County was forced to say no mas. This must be a very gratifying win for Perry and Marna. Outstanding!
RICKI J. WALTERSCHEID, (OCDW 05.14.07), OIDS, secured a new hearing for Mr. Fourkiller on his quest to withdraw his pleas. Solid work, Ricki
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BILL J. BAZE, OCDW.05.07.07), OIDS, scored a well-earned appellate victory in the Pickens case, extending the rule of Ferguson to blind pleas. Well done, Bill!
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JASON D. CHRISTOPHER, (OCDW 04.23.07), Ada, represented Doyle Blythe at trial but that did not turn out very well. But things turned out better when Jason did the appeal and now Mr. Blythe will get a proper day in court, this time with a jury instructed on the laws of self-defense. Terrific job, Jason!
WILLIAM P. EARLEY, (OCDW 04.23.07), Assistant Fed. Pub. Def. in OKC, convinced the Tenth Circuit that restitution orders survive appeal waivers, a question that was the subject of a circuit split, and saved his client over three hundred thousand dollars. Not too shabby!
MICHAEL D. MOREHEAD & SANDRA MULHAIR CINNAMON, OIDS, convinced the Oklahoma Court of Criminal Appeals to vacate the death sentence for Mr. Marquez-Burrola in the case reported above. This is a particularly noteworthy win since there was no first stage defense at all and the evidence presented on appeal was dug up by Michael and Sandra rather than trial counsel. Very nice work!
ANDREAS T. PITSIRI, OIDS, won a new sentencing hearing for Mr. Owen. Not too shabby since Owen received Life. Good work, Andreas!
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SCOTT ADAMS, (OCDW 04.16.07), OKC, won a special victory last Tuesday when he headed one of the highest callings of our profession: the defense of another lawyer in a criminal case. Mike Gassaway was in the docks on what looked like a bullet-proof case by the State in the form of a sex-for-legal-services set up that was caught on tape. But neither Scott nor Gassaway flinched (not surprising if you know anything about Gass). The actual charge was solicitation which, Scott argued, requires the accused to solicit a sex act in exchange for something of value. The tape clearly showed that the putative "client" made the offer---Gassaway just accepted which, argued the defense, was not a crime. The cops, of course, helped torpedo their own case by making comments that Gassaway was a "scumbag" and Scott was able to show the jury quite clearly that the cops were intent on setting Gassaway up and orchestrated the entire thing. Gassaway did not take the stand and was appropriately (if uncharacteristically) contrite after the verdict. This is another good win for Scott.
C. KENT BRIDGE & TAMALA PHILLIPS, (OCDW 04.16.07), Okla. Co. Pub. Defender's Office, get a tip of the hat for convincing the Court of Criminal Appeals to dismiss the State's appeal after they had persuaded Judge Black to suppress the confession of their client. I suspect this is very significant since without the confession the complexion of the case will be much different in their client's favor. Good job, Kent and Tamala!
CATHY HAMMARSTEN, (OCDW.04.16.07), won a Murder I and Shooting w/Intent to Kill case by convincing Special Judge Doak, OKC, to grant the demurrer(!) That does not happen very often. I do not have many details on this, so if anyone wishes to fill in the blanks here, let me know and I can run some more details next week. Terrific job, Cathy!
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JAMES L. HANKINS, (OCDW 04.09.07), OKC: I was pleasantly surprised to get a victory of sorts out of the circuit in a capital habeas case on whether my client, George Ochoa, may pursue a mental retardation claim in a second habeas petition. The weight of authority in the other circuits had required the petitioner to show a prima facie case of mental retardation. The Tenth Circuit panel held this was error since the statute simply required that a determination be made whether the rule relied upon by the petitioner had been made retroactive by the Supreme Court. There is now a circuit split on this issue but the statute clearly states that the decision by the circuit on a motion for authorization to file a second or successive habeas petition is not subject to rehearing or review by the Supreme Court via certiorari.
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HONORABLE MENTION: (OCDW 049.07), Although not a complete victory story per se, Oklahoma City attorney Bill Smith utilized what the press termed "a legal loophole" to negotiate a good deal for a client charged with two counts of lewd molestation. The "loophole," otherwise known as the right of the accused under the Sixth Amendment to confront and cross-examine his accusers, was presented to the district court by Smith in the form of the unpublished opinion by the Oklahoma Court of Criminal Appeals in State v. Roley, which stands for the proposition that child hearsay can not be substituted for actual testimony at the preliminary hearing. In the case of Smith's client, the State presented testimony of persons in whom the minor complaining witnesses confided rather than the actual witness.
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ALECIA FELTON GEORGE, (OCDW 04.02.07), OKC, won the appellate victory for the pro se Charles Arnold Fields. I wonder if he will receive another indeterminate sentence at re-trial? If he does, Alecia may have to bail him out again. Good work, Alecia!
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LISBETH L. MCCARTY, (OCDW 04.02.07), OIDS, shaved 15 years off the sentence of Tamara Marine Davis for her role in a robbery/murder by convincing the Court of Criminal Appeals that their conscience should be shocked. Way to go, Lisbeth!
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HONORABLE MENTION (OCDW 04.02.07): Although not an outright victory, OIDS attorneys Larry Jordan and Abbie Fisher, Custer County, tried a Trafficking case recently in which the client was convicted of simple possession and sentenced to three years. The case began as a classic traffic stop by interdiction officers who found drugs hidden in the vehicle. The defense centered around the fact that the client had owned the vehicle for only a few days, but the packaging of the drugs evidenced deterioration for a time longer than the client owned the truck. This is a very clever argument. It appears that the jury did not buy it completely but bought it enough to compromise on the conviction and sentence.
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JIM COSBY (OCDW 03.19.07), won a Rape I jury trial recently but I do not have many details.
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JOHN W. COYLE, III, JAMES L. HANKINS, JOHN W. (BILLY) COYLE, IV, OCDW 03.19.07), OKC, won an (increasingly) rare certiorari appeal for client Ricky Rinker, who has been allowed to withdraw his nolo pleas and proceed to jury trial.
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JEFF SIFERS & CHARLES SIFERS, (OCDW 03.19.07), OKC, laced them up in Beckham County defending a client charged with DUI, DUR, and Straddling Lanes. The trial judge was the Hon. Floyd Haught and the prosecutor was Gina Webb. Client had two prior DUIs and two prior drug arrests. In this case, client refused the State's test. The centerpiece of the State's case was a 45-minute videotape of the traffic stop and drive to jail which featured client cussing the arresting officer for a good 30 minutes(!) Charles reports that he filed 22 motions prior to trial and 4 more motions in limine on the day of trial (including one dealing with the refusal jury instruction) and Judge Haught denied them all! Although Charles conducted voir dire and gave the opening statement, Jeff stepped up and cross-examined the State's main law-enforcement witness. How do you know if you've done a good job on cross-examination? When the prosecutor mentions in closing argument that she did not know who testified more, you or the cop witness. Sounds like Jeff is on the right track. Although it was a close question, client did not take the stand. The jury came back with a not guilty on the DUI but guilty on the other two misdemeanors, proving once again there are few lawyers in Oklahoma with a more firm grasp on DUI law than Charles, and now Jeff. Congrats on a good win!
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OTHER: (OCDW 03.19.07), Mack Martin, Reggie Whitten, both of OKC, Eugene Robinson, Tulsa, and Alan Carslon, Bartlesville, have been inducted into the American College of Trial Lawyers. This is quite an honor.
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JULIA D. ALLEN, (OCDW 03.12.07), Tulsa, won the post-conviction appeal for David Jeffrey Brown. Very nice win that doesn't happen very often and I wish would have been published, but we takem' any way we can get'em. Good lawyerin' by my good friend, Julia!
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JACK GORDON, Jr., (OCDW 03.12.07), Tulsa, secured an acquittal in a child abuse case out of Rogers County. The deceased was a 90-day old baby that died of skull fractures. Client had no criminal history and the defense was accidental death when client tripped and fell. Jack reported that the State's experts were Drs. Block and Distefano and the defense used an expert from California who demonstrated for the jury how the fall occurred and how the fractures occurred. Jack also caught the investigating officer in a lie and exposed him to the jury. The officer apparently maintained that no one else was at the scene and was indignant that Jack would accuse him of lying. So, Jack called the woman who was at the scene as a witness and she brought to the stand her purse---which just happened to be the same purse in the crime scene photographs.
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S.GAIL GUNNING, (OCDW 03.12.09), OIDS, convinced the Court of Criminal Appeals to force Judge Gray's hand and produce transcripts for her client in the Mullins case. Way to go, Gail!
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STEPHEN JONES, (OCDW 03.12.07), Enid, has been on a tear lately. Last week he won another one, this time close to home in Garfield County. Last Friday, the jury deliberated only an hour before it returned a verdict of not guilty against Garber/Breckenridge farmer, Hank Deeds, who was charged with rape and furnishing alcohol to a minor. Stephen reports that he tried the case with Brooke Tebow and Deanna Juhl. The trial judge was the Hon. Tom Newby and Mike Fields represented the State. Jury selection took a day and a half and the trial lasted five days beyond that. The State introduced evidence from the SANE examination which was negative for any DNA from the defendant, and disclosed no bruises related to an assault on the prosecutrix, but revealed four small abrasions in the vagina. The defense cross examined the nurse on other possible causes for the abrasions. The OSBI Lab could find no corroborating evidence in the physical evidence. The defendant called a number of witnesses, including his banker, school teachers, the co-op manager and friends and relatives who testified to his reputation for truthfulness. The State called three Garber teachers in rebuttal to testify to the reputation for truthfulness of the prosecutrix. Former Garfield County Deputy Sheriff Matt Mixon was allowed to testify on rebuttal, after the defendant had taken the stand. The magistrate and the trial judge had earlier sustained motions to suppress his testimony. He testified to a conversation with the defendant notwithstanding the fact he had an agreement with the defendant's previous lawyer, David Henneke, that he would not talk to the defendant if he could examine the defendant's truck. Mixon was impeached by his personnel file which showed he had been terminated for "embezzlement, obtaining money by false pretenses, insubordination and misuse of office equipment." The defense was allowed to cross-examine him on his counseling and warning letters concerning his discharge of a weapon improperly, use of county computers to visit pornography sites, obtaining improperly money from Texas County which should have gone to Garfield County, and other employment issues. The defense cross-examined the prosecutrix claiming numerous inconsistencies in her story and the implausibility of it. According to the press reports of the trial, gasps of shock came from the girl's family and supporters when the verdict was read. The State claimed she was consistent on all material points. Cell phone records were used to impeach times she said certain events occurred. Larry Wrightsman, of Kansas, was the defense jury consultant. The jury was composed of 9 women and 3 men. Another outstanding victory for Stephen!
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MACK MARTIN, (OCDW 03.12.07), OKC, opted for a bench trial in defending a former Baptist church leader accused of a misdemeanor count of offering to engage in an act of lewdness. Mack's judgment proved correct when Special Judge Roma McElwee found the client not guilty. The client, Lonnie Latham was arrested outside the Habana Inn in OKC (a notorious gay area) when he allegedly propositioned an undercover policeman. Mack argued that since sexual acts between consenting adults is legal, there can be no crime talking about such acts (makes sense to me). Judge McElwee did not address the constitutional argument according the press reports but I am sure the client did not complain about that. Terrific job, Mack!
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ZACH SMITH, (OCDW 03.12.07), Tulsa, won an acquittal a couple of weeks ago in Tulsa for a client described in the media as "a former nightclub bouncer." The client and another man, Clay Spicer, were charged in the 2004 death of Scott Bolton who has punched in the face, fell to a concrete floor, and died from his injuries five days later. Smith's client was charged with First Degree Manslaughter in the case. Prosecutors granted immunity to Spicer in exchange for his testimony against the client. Spicer testified that the client "popped" Bolton in the mouth and that he then fell down and struck his head on the concrete floor. The client, a former professional boxer, testified in his own defense that he did not strike Bolton---and that Spicer is the one who did. The Tulsa County DA's Office takes another one on the chin, care of Zach Smith!
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RICKI J. WALTERSCHEID, (OCDW 03.12.07), OIDS, convinced the Oklahoma Court of Criminal Appeals to reverse the contempt order imposed by former-judge Susan P. Caswell on the hapless Mr. Myers. Very nice, Ricki!
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HON. MENTION: The defense team for Kevin Ray Underwood, accused of murdering a 10-year-old girl in Purcell, convinced Judge Candace Blalock to grant a motion for change of venue, although it looks like they will not traveling too far since the trial has been moved from Purcell to Norman.
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NOTE: In a recent issue, we reported that James Linger, Tulsa, walked a client in a capital murder trial and that such cases were few and far between. I have been informed that Gary James has been involved in two of these(!), one with Richard Anderson in Oklahoma County before former-Judge Susan P. Caswell in 2000 (State v. Phillip Martin Smith); and another time in 1996 down in Pittsburg County with Ronnie May (State v. Larry Tannehill). I don't care how long ago they happened, outright acquittals in capital murder cases are special. Congrats to Gary, Richard, and Ronnie for performing these near miracles!
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BEN BROWN, (OCDW 02.26.07), OKC Public Defender's Office, smited the State in its efforts to writ Judge Doak into discontinuing Ben's efforts to get his clients certified as youthful offenders. The facts were really quirky and involved conflicting legislation signed by Governor Henry only two minutes apart. Ben persuaded the Court of Criminal Appeals that his view was correct! Terrific work, Ben!
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S. GAIL GUNNING, (OCDW 02.26.07) OIDS, secured a new hearing for Robert Carl Sharp in his efforts to withdraw his plea. Very nice, Gail!
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JAMES LINGER, (OCDW 02.26.07), Tulsa, won an incredible victory in Tulsa last week by walking his client in a capital murder trial(!!!) I am told that the last time it happened in Tulsa County was 25 years ago when Larry Oliver and Clancy Smith did it. I do not recall the last time it happened in Oklahoma County or anywhere else in the State, but cases where the State files a Bill and the client outright walks home at the end of the trial are exceedingly rare. But James did it. The crime was a double-murder at a Tulsa hardware store, both victims shot execution-style. The client was a 35-year-old real estate broker of some means and the State's evidence apparently consisted of an eyewitness and little more. I spoke to James about this case and he expressed amazement at how weak the State's case was and how brazen the prosecutors were in presenting such shoddy police work. For example, there were fingerprints on the door at the crime scene that did not match either the victims or the defendant so the cops simply did not investigate further to find out to whom they belonged. The main part of the defense case was a videotape at an Albertson's store depicting the client the day of the murders and establishing a time-line. One of the other witnesses claimed to have seen the shooter wearing clothes that had stripes on his sleees/pants. The client clearly had no stripes on his clothing as evidence in the videotape, yet one of the cops on the stand insisted that he saw some stripes on the video. Where? James pressed him. Where? Show us. Of course, the cop could not show the jury and looked silly. The State's star witness who was the alleged eyewitness had prior felony convictions that James found out about (the State did not tell him) and she testified that the shooter was in the store ten minutes before the shooting, but the time on the video completely refutes her claim that the shooter was the client. Client did not take the stand and James and the State combined for 4.5 hours of closing arguments before the jury spent three hours deliberating before coming back with a NOT GUILTY. James said there were just so many inconsistencies and discrepancies in the State's case yet the prosecutors apparently could not see them and appeared stunned when the verdict was read. This is an amazing victory and congratulations to James and the client for having the fortitude to stand strong in the face of a potential death sentence.
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OTHER TULSA WINS: (OCDW 02.26.07) Good things are happening in Tulsa. I am informed that acquittals were obtained by Tulsa attorneys Curt Allen, Steve Vincent, and Brian Martin, but I do not have many details. If any of you know more details please share. Also, Catherine Doud got a not guilty on a Sexual Battery charge, but a guilty on a lesser-included A & B with 30 days credit for time served. Not too shabby!
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JEFF COE, (OCDW 02.19.07), won a jury trial in Caddo County in a Trafficking case where the client had two priors. Al Hoch reported on the OCDLA listserv that the jury sent a note asking to read a statement to the Defendant before the verdict, telling him he needed to make better decisions in his life. Looks like he made a pretty good decision to get Jeff as his lawyer!
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ROYCE A. HOBBS, Stillwater, took his show on the road to Garfield County where he represented a client charged with Aggravated Manufacturing (Meth) in what he was told was the largest manufacturing case in Garfield County. The lab was cooking when the police arrived. Police made the arrest first then sought permission to search without reading Miranda. Royce moved to suppress the fruits of the search based upon Schorr v. State, 499 P.2d 450 (Okl.Cr.1972) and McGregor v. State, 885 P.2d 1366 (Okl.Cr.1994). Newly elected Judge Tom Newby considered this and, in light of the State's inability to contest either the facts or the law (the State essentially conceded the point), he granted the motion to suppress. Tremendous victory by Royce and courageous decision to follow the law by Judge Newby!
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MICHAEL JOHNSON, (OCDW 02.19.07), OKC, won an acquittal last Wednesday in Oklahoma County for a client charged with First Degree Murder and Shooting with Intent to Kill in connection with a December 2004 shooting at Quail Springs Mall. According to The Oklahoman, this was a drug-related shooting with other defendants yet to be tried. Very good work, Mike!
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CLEVELAND COUNTY: (OCDW 02.12.07), I think the entire Cleveland County defense bar deserves recognition for excellent trial work. Prior to the change in the District Attorney's Office, the State regularly lost jury trials. The migration of seasoned prosecutors from Oklahoma County into Cleveland County brought a more hard-edged attitude into the courtroom, but apparently with no more success than it had previously.
Since the start of the jury term, there have been four jury trials resulting in three acquittals and only one conviction. Robert Rennie vanquished former Oklahoma County District Judge Susan P. Caswell in Garvin County and Tracy Schumacher won a sex crimes case in Cleveland County against Rick Sitzman. If anyone has details on the third acquittal please let me know. Outstanding work, Cleveland County!
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Something must be in the water in Duncan. The Duncan Banner reported the two victory stories below, both of which appear to be the result of good lawyering and courageous judges:
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JOHN STUART, (OCDW 02.05.07), represented a woman charged in Duncan with Murder in the Second Degree. The case centered around allegations that the client caused the death of a child by neglect. Stuart convinced District Judge Joe Enos that the child neglect statute, which uses the word "and" to connect the elements, requires a showing of all the listed elements. The Murder II count was dismissed and the client entered a plea to Manslaughter in the Second Degree. Good job, John!
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BRUCE EDGE, Tulsa, & STUART SOUTHERLAND, Tulsa Co. P.D., (OCDW 02.29.07), earn a victory with the tremendous suppression win in the Short case. This is one of only a handful of cases where a court held that the initial traffic stop was unlawful; AND the case was won essentially on a motion to reconsider before a judge that had rejected previously the claim. As Bruce said, this is a good example of what can happen when you never give up. Great job Bruce and Stuart!
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CHRISTINE D. LITTLE, (OCDW 01.16.07), Tulsa, won the appeal in the James case, and delivers the defense bar its first appellate victory of the new year. Very nice, Christine!
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KIMBERLY D. HEINZE, (OCDW 01.08.07), OIDS, won the last defense-friendly appellate decision of 2006 in the Cox case. Thank you, Kim!
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MACK MARTIN, (OCDW 01.08.07), OKC, set off potential shock waves in the conduct of Multi-County Grand Juries in Oklahoma when he exposed the fact that alternates have apparently been allowed to sit in on proceedings. Mack won round one but the State is going to take it upward and onward. Terrific lawyering, Mack!
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STEVE PRESSON, (OCDW 01.08.07), Norman, followed up his win before Judge Russell with a victory in the circuit in the Walck case on the double jeopardy issue. Fine lawyering, Steve!
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