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| Victories 2008 |
RANDY BAUMAN, Federal Public Defender (OCDW 02.02.09), (OKC), won a huge victory in the Tenth Circuit for Oklahoma death row inmate Charles Taylor when he convinced the panel that jury instruction error must result in a new trial. Terrific win, Randy!
DOUG PARR & JEFF BYERS, (OCDW 02.02.09), OKC, apparently won a case in federal court at the preliminary hearing when AUSA Leslie Maye filed a motion to dismiss the case. I do not have much detail on this, but needless to say this is a highly unusual circumstance in federal court. Way to go, Doug and Jeff!
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PAUL D. BRUNTON & KEVIN ADAMS, (OCDW 01.26.09), Tulsa, heard the two-word verdict last week in the United States District Court for the Northern District of Oklahoma. Paul (known as Pablo to his friends) is the former Federal Public Defender for the Northern and Eastern Districts of Oklahoma. He has since ventured out into private practice where he returned again to federal court to defend a client accused of Possession w/Intent to Distribute 50 grams of Cocaine Base and Possession of a Firearm in furtherance thereof. Mandatory minimum of 15 years if convicted. The dope and the gun were found in client's car while client was driving(!) The jury was out approximately 30 minutes before returning this VERDICT. Paul also reports that ex-Tulsa Police Chief Dave Been was on the jury(!!) Another terrific win by Pablo!
STEPHEN JONES, Enid, J. DAVID OGLE, OKC, and MIKE TREVINO, OKC, (OCDW 01.26.09), represented clients accused of bringing in out-of-state circulators to gather signatures in order to initiate legislative referenda in Oklahoma. This was a violation of Oklahoma law and all three clients were prosecuted by the Attorney General's Office here in Oklahoma County. In a separate action, Norman attorney MIKE SALEM filed a civil rights action in federal court before Judge Leonard alleging that such a ban was unconstitutional under the First Amendment. Judge Leonard ruled in favor of the state criminal statute, but the Tenth Circuit reversed, holding that Oklahoma's ban on out-of-state circulators violated the First Amendment. As a result, the Attorney General moved for dismissal of the criminal case against all three of the accused. Nice work all!
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PATRICK LAYDEN, (OCDW 01.19.09), McAlester, defended an OSP inmate accused of Murder in the First Degree. The State's evidence indicated that the victim had been stabbed more than 20 times. The defense? Self-defense(!!) Not guilty. According to a news article, the defendant was only 5'4" while the victim was 6'4". Great job, Patrick!
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HONORABLE MENTION: MARK BAILEY,(OCDW.01.19.09), OKC, went to trial last week in Ada defending a client on what I believe were lewd acts allegations. Client had multiple priors and took the stand to deny the allegations. Prominent in the case was the video "Get A New Daddy" which can be seen on YouTube HERE. It explains how a kid can get a new daddy by fabricating charges of sexual abuse. This video was apparently found in the IPod of the complaining witness. The jury was out for two days and hung 10-2 in favor of acquittal. DA not likely to give it another go, but we'll have to wait and see. Good, hard fight, Mark!
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KEITH NEDWICK & CHARLES DOUGLAS, (OCDW 12.08.08), Norman, vanquished former Oklahoma County prosecutor James Siderias who has moved to the Cleveland County Major Crimes Unit in a sex crimes case before Judge Heatheringon. The jury was out approximately four hours before returning the two-word verdict. Good job Keith and Charles!
ROBERT L. WYATT, IV, (OCDW 12.08.08), OKC, won a not guilty last week in Pittsburg County (McAlester). Client was charged with felony Assault and Battery on a police officer and also with misdemeanor Obstruction of an Officer during a felony arrest. There were racial overtones in the case. Two white McAlester officers claimed that the very large 6'4", 300 pound, black man interfered with the officers while they were trying to arrest the Defendant's son at the mobile home next door. Both officers claimed that the Defendant said something to the effect of, "you ain't arresting my boy." One officer testified the Defendant attacked the officer and intentionally shoved that officer off of the 3-1/2 foot high porch causing a knee injury to the officer. Both officers testified that Defendant had an "angry, determined" look on his face and failed to "back off" after being told at least three times to "stop, or he would be arrested." The officer who went off of the porch took the Defendant with him, severely injuring defendant (breaking his knee and severing his main artery - causing approximately $1M in actual medical damages). Defendant and his wife testified that they saw the officers on the porch next door and wanted to know what was going on. Defendant testified that he thought he "startled" the officer as Defendant walked up the steps of the trailer next door saying, "what's going on, this is my property?" Defendant further testified that the officer immediately "charged" or "rushed" him without any demands to stop. Defendant left the scene in an ambulance and was life-flighted to Tulsa . Defendant was notified of the charges almost five weeks later and about three weeks after being released from the Tulsa hospital. The defense argued that the police would not have sent away this "dangerous criminal" with the medical crews if he had just intentionally battered an officer in a fit of rage. Also, Wyatt convinced the judge that the two charges "merged." Wyatt didn't request the lesser included misdemeanor offense of obstruction. Jury returned the not guilty verdict on the remaining felony in 1 hour, 20 minutes. Terrific win, Bob!
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JAMES L. HANKINS, (OCDW 11.24.08), OKC, represented Mr. Hicks in a Tenth Circuit case in which the Circuit reversed dismissal of the writ of habeas corpus and allowed Mr. Hicks to withdraw his plea of guilty to Murder in the Second Degree and vacate his Life sentence. Hicks will have to sweat out appeal time by the State, but his time at Granite should be a little bit better now since it appears that he will get another bite at the apple and an opportunity to present his case at trial.
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STEPHEN JONES & BROOKE TEBOW, (OCDW 11.17.08), Enid, defended former OU football star Adrian Cooper who was (again) back in federal court facing a criminal charge. Cooper was already serving a federal sentence for securities fraud, but he was involved in an altercation while incarcerated and charged with assault. One wonders why the government would even prosecute a prison fight between inmates, but the jury foreman, Dusty Nelson, did not wonder: "It was just a fight in prison. No one really saw what happened for sure...We're not sure who started it." The article can be found HERE. Congrats to Stephen and Brooke!
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Hon. Mention: (OCDW 11.10.08), PERRY HUDSON represented a client last week on Oklahoma County who was facing a charge of Murder in the First Degree and had five prior felony convictions. The client was acquitted of the Murder charge, but convicted of Aggravated Eluding and hit with a 25-year sentence. Pretty good result under the circumstances. More details HERE.
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ERIC CARPENTER, (OCDW 11.03.08), Pryor, convinced a jury in Mayes County that his client, charged with domestic abuse, was NOT GUILTY of the charge. According to THIS article, the defense asserted was self-defense. The ex-girlfriend apparently told the police one story on the night of the incident, but another story in an application for a protective order. Also, she apparently wrote a statement but it was lost and the prosecutor had a tough time dealing with that. Good win, Eric!
THOMAS MORTENSEN, (OCDW 11.03.08), Tulsa, won TWO not guilty verdicts in the month of October. The first was a DUI in Tulsa. The second was in a cruelty to animals case out of Washington County where a local dogcatcher was charged with shooting a dog, but not killing it. Great job, Thomas!
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DONN BAKER, (OCDW 10.27.08), Tahlequah, won a not guilty last week in Muskogee County for his client (no kidding) James Justice, II, who was in the docks on charges of Rape, Kidnapping, and Assault and Battery with a Dangerous Weapon. Donn even got some press HERE. Very nice, Donn!
CHRIS BOX, (OCDW 10.27.08), OKC, won an acquittal in Logan County last week in a six-count sex crimes case. The jury was out about one and a half hours (including lunch). Nice work, Chris!
ROBERT L. WYATT, IV, OCDW 10.27.08), OKC, scored a daily double this month. First, he argued the double jeopardy appeal on the accelerated docket at the Court of Criminal Appeals and secured a 4-0 vote in his client's favor, which is huge since the double jeopardy ground is a bar to further prosecution (see Double Jeopardy in the Opinion Archives link). Second, he heard the two word verdict in a five-count Possession of Child Pornography case last week out of the Western District in United States v. Marvin Rose. A terrific win in a very tough case. Super job, Bob!
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J. DAVID OGLE & JAMES L. HANKINS, (OCDW 10.20.08), OKC, won the nifty appeal in the Ann Seibel case featured above. It is not too often that the State falls into a bear trap like that, so the case is worth study because it illustrates the huge difference between a demurrer and a motion to quash. If a demurrer is granted and the trial court does not direct curative action or re-filing, then it is a bar to further prosecution. In this case, the State failed to seek re-filing or curative action in the trial court and we did not suggest it do so when David drafted the order for Judge Watson to sign. :))
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MICHAEL BUSH & KENT BRIDGE, (OCDW 10.13.08), Okla. County Public Defenders, secured a not guilty verdict in the courtroom of Judge Jerry Bass in a weapon possession case. Police hassled homeless people in a "tent city" in OKC and found a firearm under a mattress. The evidence failed to establish a link to the accused. Very nice, Michael and Kent!
GARY GINGRICH, (OCDW 10.13.08), OKC, vanquished the State by convincing Judge Elliott to suppress the ill-gotten gains in the motel safe for Mr. Putman and then proved it in the Court of Criminal Appeals. Terrific work, Gary!
MIKE O'BRIEN, (OCDW 10.13.08), OKC, had a winner last Wednesday at OKC municipal court in a case where his client apparently refused medical treatment from EMSA and OKC Fire Rescue and told them to get out of his house. OKC PD was called to "assist" the citizen after purportedly being told that the client assaulted the EMTs (but the EMT verified there was no assault, only that the client was verbally abusive in telling them to leave. An OKC PD Sergeant goes storming into the house and client tells him to get the hell out, but touches him while getting up (client is apparently drunk). A fight ensues, client arrested, taken to jail, and charged with Assault on a Police Officer and Interfering with Official Process. When the motion to suppress and dismiss was filed, the city attorney amended the charges to Disorderly Conduct for fighting in his own bedroom. Court dismissed the case because the officer should not have entered the house in the first place.
HONORABLE MENTION: BERT RICHARD, (OCDW 10.13.08), Okla. County Public Defender, was able to secure an acquittal on a principal felony charge, but the jury convicted on lesser included misdemeanor in the courtroom of Judge Kenneth Watson. I do not have many details, but leaving the courtroom without a felony conviction is pretty sweet.
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JAMES M. EMIG, (OCDW 10.06.08), Ponca City, won a suppression motion in a Trafficking case recently. The officer involved was Trooper Hyde, so if any of you deal with this Trooper you might give James a call. Excellent work, James!
CINDY VIOL, (OCDW 10.0608), OKC, heard the magic words last week in Cleveland County. The client was charged with Forcible Oral Sodomy, Lewd Acts, and Lewd Proposals. He was a 20-year-old black male cheerleading coach and the complaining witness was a 15-year-old white cheerleading student. The State presented an additional three witnesses via 2404(B) to the effect that the client had proposed that they engage in masturbatory acts on videotape for money (basically the same allegation as in count three). Client testified. Cindy was able to impeach the complaining witness who had trouble keeping his story straight, particularly about the first time the oral sodomy allegedly occurred. In closing, Cindy asked the jurors whether they, as heterosexual men, would remember the first time another man took their penis in his mouth. I suspect the answer would be "yes." Cindy also reported that Judge Lori Walkley was very respectful and fair. Terrific job, Cindy!
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RICHARD ANDERSON & BILL SMITH, OKC, and JIM ROWAN & MARNA FRANKLIN, OKC, (OCDW 09.29.08), walked their clients in a DEATH PENALTY case when the jury voted to acquit last Saturday (yes, Saturday). The case was tried before the Hon. Jerry Bass in Oklahoma County and involved a particularly distasteful killing where the deceased was beaten severely. The trial lasted two weeks and the jury was out over 25 hours over a three day period. David McKenzie has informed me that there is another defendant in the case who is represented by MCKENZIE and DAVID AUTRY and, yes, the State is seeking death against their client as well. The prosecutors were Sandi Elliott and Sam Chavers. David also reported that Richard Anderson's cross of the State's key witness was a work of art and also that Anderson has now walked THREE clients facing the death penalty(!!!) Truly a terrific work of trial advocacy, Richard and Bill!
JACOB BENEDICT & JAY HUSBANDS, (OCDW 09.29.08), OK CO PD, secured an acquittal last week for their client who was charged with Robbery with Firearms. The client, Marlon Harmon, had actually received the death penalty in another case a few months ago, but the State chose to pile on for some reason with the additional Robbery trial, only to be thwarted by Jacob and Jay. Good job!
JEFFREY H. CONTRERAS, (OCDW 09.29.08), McAlester, secured a new trial on appeal for Michelle Ann Barry in the unpublished case featured above. Very sharp lawyering, Jeffrey!
JUDITH L. JOHNSON, (OCDW 09.29.08), OIDS, won a new trial for Kendall DeWayne Carr when Judge Lori M. Walkley thought it was just fine to allow a police officer to be a potential juror (when the officer said that he would believe fellow officers over other witnesses!). Nice job, Judith!
DAVID McKENZIE & ERIN MAXWELL, OK CO PD, also walked their client out of the courtroom on an accusation of Shooting w/Intent to Kill. The case was tried in before Judge Elliott. Another terrific win for David and excellent work by Erin!
ROBIN MCPHAIL & FAUSTINE CURRY, (OCDW 09.29.08), OK CO PD, won an outright acquittal in a First Degree Murder case. According to PRESS REPORTS the client was charged in the shooting death of a rival gang member "after a rap song provoked a confrontation at a nightclub."
HONORABLE MENTION: (OCDW 09.29.08), Joe Norwood persuaded five jurors last week that a reasonable doubt existed in a First Degree Murder case tried before Judge Gillert in Tulsa County. This was enough to mis-try the case. Although not a complete win, any time a Murder I trial ends without the client receiving a conviction and either a life sentence or death, it is a pretty good day. Good work, Joe!
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JOHN HUNSUCKER, (09.15.08), OKC, won an APC jury trial last week, although I am not privy to the details. The OCDLA list-serv indicated that the jury was out for a whopping 13 minutes! Terrific work, John!
PAULA MOORE, (OCDW 09.15.08), Tulsa County P.D., won a not guilty last week in an A & B on a police officer case. Bruce Edge indicated that the trial judge allowed into evidence that the accused had 7 outstanding bench warrants(!) Police were notified by dispatch at 5:00 a.m. in reference to a black male wearing a red hoodie who was trying to break into cars at an apartment complex located very close to a jogging trail. Police arrived quickly and find one person in the area. The accused. Who is a black male. Who was wearing a red hoodie. Police say that they told him to stop and he ran and had to be tackled. Client told the jury he was staying with a friend at the apartment complex and started jogging early to get his energy level up for his job as a salesman at Jim Glover Dodge. He had headphones on and loud music, was "into himself" and paid no attention to his surroundings. He was tackled from behind by the police and he though he was being attacked. When he saw they were police officers, he immediately surrendered. Jury was out 5.5 hours (and received an Allen instruction at about the 4 hour mark) before returning a NG. Very nice, Paula!
ROBERT L. WYATT, OKC, TOM SEYMOUR & SCOTT GRAHAM, (OCDW 09.15.08), Tulsa, together with Dallas, Texas lawyer Dan Hagood, scored an impressive victory on behalf of beleaguered Carroll Fisher, the former Oklahoma Insurance Commissioner, in Tulsa District Court on Friday, August 22. The press coverage seems to have died down a little bit, but there is still plenty of legal maneuvering going on. In the Tulsa case, the State filed a motion to dismiss a single count of filing a false state tax return rather than try the case. Judge Dana Kuehn had, two weeks previously, sustained the defense motion to exclude all allegations concerning a $25,000 check that Carroll Fisher, as Commissioner-elect, had received in 1998 from Davister Corporation, said to be a "Gene Phillips' company" in Texas. At an evidentiary hearing (on a motion for reconsideration no less), Judge Kuehn found the defense had sustained its argument that the statute of limitations barred prosecution. The State had claimed because the check was deposited in 1999 in his bank account, the State could prosecute him for failure to include it on his tax returns. The defense countered by unrefuted evidence from two witnesses, including Karen Fisher and Eric Redwine, a Dallas attorney who was outside counsel for Davister in 1998, that Fisher had received the check on December 24, 1998, and if it was taxable (and it is not clear it was), it had to be taxable in 1998, the date of receipt, not 1999, the date of deposit. The State sought to appeal Judge Kuehn's order. The remaining transactions in the case involved two checks Carroll Fisher received in 1999 for the sale of his business to another Tulsa agency. However, the defense produced a letter from Fisher's secretary to his CPA pointedly reminding him that Fisher had sold his business in 1999, but for whatever reason, the CPA had not included it on Fisher's tax returns for that year. Confronted with this evidence, the State dismissed the tax charge. The case was moved to Tulsa by Judge Kenneth Watson of Oklahoma County on a defense motion that the venue for prosecution was in Tulsa County, as the tax return had been verified there, not Oklahoma County. At the preliminary hearing, Judge Fred Doak had sustained Bob Wyatt's motion to dismiss a second count for perjury because the statute of limitations had run there. It has been a bumpy road for the Attorney General to convict Carroll Fisher. His first trial ended in a conviction, but the jury imposed a 2-year sentence and then a 1-year sentence. Judge Susan Caswell ran them consecutively, but she was defeated in the November election that year by former Republican Legislator Bill Graves. The case was then assigned to incoming Judge Watson who moved it to Tulsa. A charge of accepting a bribe against Fisher is to be tried in Oklahoma County before Judge Watson in November. Look for more fireworks from the defense.
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M. MICHAEL ARNETT, (OCDW 08.25.08), OKC, mined the 85% Rule some more and secured a re-sentencing in the Conroy case. The client might do better than the 50 years he received the first time. Good job, Mike!
MACK MARTIN, OCDW 08.25.08), OKC, secured a nice win in the Tenth Circuit (in the Farr case) on one of my favorite issues--constructive amendment of the indictment. Terrific win, Mack!
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FAUSTINE CURRY, (OCDW 08.18.08) OKCPD, convinced Judge Doak to grant a demurrer in a murder case last week(!) The client was the wife of the deceased and the State apparently presented evidence from her son that was ambiguous. No other physical evidence and more importantly, no confession or admissions by the client. Terrific result Faustine!
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GLOYD MCCOY, (OCDW 08.048.08 Noble, convinced the Court of Criminal Appeals to reduce the sentence of Mr. Coffia from 15 years to 6 years on a Trafficking charge. Another happy client for Gloyd!
STEVEN STICE, (OCDW 08.04.08) Norman, conquered the State in its efforts to appeal the dismissal of the charges against his client on Speedy Trial grounds. Very nice winner, Steven!
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RANDY BAUMAN, (OCDW 07.28.08) Federal Public Defenders Office, represented Oklahoma death row inmate Kevin Young in state clemency proceedings, and last week Gov. Henry commuted the death sentence. This is a sensational win and a rare event. Assisting Randy in these efforts were Mark Barrett, Kristi Christopher (now Chief of Capital Post-Conviction at OIDS), and investigators Rodney Floyd, Julie Gardner and Pam Swanson. Jurors who described being confused over LWOP and the actual imposition of the death penalty were instrumental in the presentation before the parole board. Excellent work, all!
JUDITH L. JOHNSON, (OCDW 07.28.08) OIDS, convinced the Court of Criminal Appeals to reduce Mr. Fajardo's sentence from 44-years to 25-years. I am sure he appreciates that! Also, Judith assisted Ms. Sanders in vacating one of her revocation sentences. Nice work, Judith!
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MARK P. HOOVER, (OCDW) 07.02.08), OIDS, expanded incrementally the revocation rule that the judge cannot order sentences to run consecutively in a revocation proceeding when they were originally ordered to run concurrently. Very nice, Mark!
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STUART W. SOUTHERLAND, (OCDW 06.23.08), Tulsa County PD, secured a nice appellate winner in the Terry case on an issue of jurisdiction that is not at all obvious. Sharp eye and good lawyering, Stuart!
TAMARA SPRADLIN, (OCDW 06.23.08), OKC, won a NG in a four-count sexual abuse case in Judge Black's courtroom last week. Terrific job Tamara on tough charges!
SAM TALLEY, (OCDW 06.23.08), Norman, faced off against veteran prosecutor Rick Sitzman in Cleveland County (in my opinion a very good and ethical prosecutor) in a KCSP case. Last Thursday the jury liked Sam's case better and acquitted the client. Client testified in his own defense even though he had priors. Sam posted on the OCDLA listserv that the jurors were interviewed after the trial and, get this, all of them thought the client was guilty, but they were unable to vote guilty because the State's evidence did not prove it beyond a reasonable doubt(!!)
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C. KENT BRIDGE, (OCDW 06.09.08), OKC PD, won a jury trial last week in Oklahoma County, but I do not have any details. If anyone knows the details, e-mail them to me for next week.
JOHN W. COYLE, III, and BILLY COYLE, (OCDW 06.09.08),OKC, faced an Oklahoma County jury with a client charged with Shooting w/Intent to Kill. The State chickened out with a lesser offense instruction which the trial judge (Tammy B-L) gave. The jury acquitted on the greater charge and hung up on the lesser. It is unclear whether the State will give it another go (and it appears that a double jeopardy claim is viable if it does), and client walked out of the courtroom. Another terrific result for JW & Billy!
CAROLYN L. MERRITT, (OCDW 06.09.08), OKC PD, convinced COCA to invalidate the LWOP sentence for Mr. Cruz and direct a proper punishment range of 1-20. Of course, Mr. Cruz must re-appear before Judge Twyla Mason Gray for re-sentencing. But that is a headache for another day. He should think happy thoughts until then and be thankful that Carolyn kept him from rotting in prison until he died. Good work, Carolyn!
ROB NIGH, (OCDW 06.09.08), Tulsa, won a very nice case in the Tenth Circuit on the basis that the trial court excluded character evidence (see the Yarbrough case reported above). Nice job, Rob!
CORRINE O'DAY, (OCDW 06.09.08), Muskogee, ventured up to Tulsa and emerged with NG for her client. She also provided a good summary of what transpired. The State alleged that her client was stopped by police for offense of "pedestrian violation of walking on wrong side of the street." A Terry pat-down was performed because officers claimed to have seen client "furtively" put his hand in his pocket (he also appeared nervous). The pat-down did not yield any weapons, but the officers claimed that they could see, in open and obvious view, a 1" baggie with a brown rocky substance that was clearly, based upon professional experience, crack cocaine. A field test confirmed it as did the lab. Client had one prior conviction for meth possession.
The defense position was that there was no probable cause to stop client on the street; and that the cops lied about finding anything during the Terry pat-down. The testimony showed that one officer reached into an inside pocket of client's jacket to retrieve, presumably, a baggie which at no time was shown to client, nor did the client ever see it until trial. Officer #1 identified the contents of the baggie as a tannish rocky substance. Officer #2 testified that although she was there during the pat-down, she did not see Officer #1 remove a baggie, but he did hand her a baggie, which she placed in one of her pockets. Officer #2 took the baggie and had it field tested. The was crossed on the fact that, although she had all the stuff in her car, she was unclear on how long she had the sample in her pocket before she returned to the station. When she tested the baggie, she identified her sample as a white powder.
In addition, to test the sample she used a paperclip from someone's desk at a time more than 10 people are on duty, and she had no idea if anyone else that night used a paperclip to do a field test. She claimed to remember this particular stop very well, but could not remember any other suspect that night, any other arrest, any other drug-related encounters, or any other field tests; and, she could not say for certain this particular sample was the only one she put into her pocket that night. Officer #1 changed his story three times from his written report, to preliminary hearing, to trial, and the defense was able to get a prior inconsistent statement instruction on that.
The client testified that he was formerly an addict, got in trouble, went to jail, got out of jail, went to rehab, went to NA, went to drug counseling, and did not use any more. He essentially testified that the cops lied about finding the drugs. He stated that was not using that night, never saw that baggie, and had no idea it was in his pocket, and had no idea how it got there. The chemist admitted that they had the ability to test for fingerprints on the bag, but did not, and also had the ability to test for DNA on the bag but did not. Corrine argued that the State did not produce a single piece of evidence or testimony to indicate intentional possession.
The motion to suppress had been overruled by Judge Kellough on grounds there was probable cause to search. The State's pitch was look, we have two cops and a chemist who say the client was found with drugs on him after a prior conviction. The jury clearly believed the client over the officers(!) The jury was out about 20-30 minutes total. Sounds like tenacious and detailed preparation won the day. Great work, Corrine!
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RANDY BAUMAN & KRISTI CHRISTOPHER, (OCDW 06.02.08), Capital Habeas Unit of the Federal Public Defender in OKC, secured first and second stage relief for Oklahoma death row inmate Lonnie Richie on May 22, 2008, from Judge Kern in Tulsa. Randy also reminded me that Kristi and co-counsel Janie Clark, along with then-investigator (and now lawyer) Kim Heinze, worked up the winning IAC claim in state post-conviction; and Cindy Danner, OIDS, developed the winning lesser included instruction claim on direct appeal. Terrific work!
WILLIAM H. CAMPBELL, (OCDW 06.02.08), OKC, won a clean sweep in the Tenth Circuit for Mr. Clarkson, forcing the Government to concede error on some counts and winning other counts outright. Nice job, Bill!
S. GAIL GUNNING, (OCDW 06.02.08), OIDS, notched up another appellate win in the Mullins case, convincing the Court to vacate almost all of his 535 years of incarceration (the Court denied certiorari on one count that was not 85%) and allowing him to withdraw his guilty pleas. Terrific work, Gail!
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PAUL BRUNTON & SKIP DURBIN, Tulsa, won an acquittal from the jury in a misdemeanor domestic abuse case tried in front of Judge Chappelle. The accused asserted self-defense. Another good win for Paul and Skip!
RICK COUCH & STUART SOUTHERLAND, Tulsa County P.D., won an intriguing Sex Offender Registration case for the homeless Mr. Bennett, convincing a Special Judge, a District Judge, and then the Court of Criminal Appeals that homelessness is a defense to registration and also that such a defense may be asserted at the preliminary hearing. Very nice Rick and Stuart!
J. DAVID OGLE & DEREK CHANCE, won an acquittal at jury trial in a juvenile case. Because it is a juvenile case, not many details can be divulged, but the client was accused of Burglary and Rape. David is reported to have "crawfished" around on the courtroom floor and delivered some pelvic thrusts in order to demonstrate to the jury that it could not have happened the way the prosecutrix said it happened. After viewing this, the judge mentioned that he probably needed counseling. Great job, David and Derek!
JEFF & CHARLES SIFERS, OKC, returned to the scene of the crime, so to speak, by venturing into Backham County to defend a client for a second time. The first time, Jeff won an acquittal for the client in a DUI jury trial (which was reported by OCDW back in March, 2007). The client picked up a Public Intoxication charge while in the Beckham County Jail. He refused to plead it out and demanded a jury trial. Jeff obliged, second-chaired by Charles, and, on Jeff's 36th birthday, the client was again acquitted of the charge. The jury was out less than 30 minutes. Terrific work (and one lucky client), Jeff and Charles!
JOSH T. WELCH & JAMES L. HANKINS, OKC, put a damper on the plans of the police to prosecute a client accused of operating a huge mushroom growing operation out of her home in Cleveland County. Josh prepared the facts, I prepared the motion to suppress, and after Josh's arguments, Judge Ring granted the motion. The State appealed by Rule 6 and last week Judge Blalock AFFIRMED. The State has announced intent to appeal to COCA, but we are ready. The affidavit in support of the search warrant is so shoddy that I like our chances in COCA.
FOLLOW-UP: Bill Baze convinced the Court of Criminal Appeals to vacate a 30-year sentence for Curtis Gibson based on an 85% Rule error. Johnny Medlocke, OIDS in Mangum, conducted the re-sentencing and negotiated a sentence of 22-years w/credit for time served (from August 18, 2006). When it is an 85% crime, that is quite a large time cut for the client. Very nice work Bill and Johnny!
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DAVID AUTRY (OCDW 03.31.08), OKC, scored a nice appellate win for Keary Littlejohn who was sentenced to death in Oklahoma County. As a result of David's fine advocacy, Littlejohn's death sentence was vacated and the case re-manded for re-sentencing. Another good result for David!
FAUSTINE ELIZABETH CURRY (OCDW 03.31.08), OK CO P.D., won a new trial on appeal for the alibi-challenged Mr. Jones in Oklahoma County. Terrific work, Faustine!
MARK P. HOOVER (OCDW 03.31.08), OIDS, makes an impressive second straight trip to the Victories section for winning the appeal for Jeffrey Carpenter in the Youthful Offender case above. Very impressive work, Mark!
CYNTHIA A. VIOL (OCDW 03.31.08), OKC, won the habeas case on appeal for Mr. Neugent and also gave us some ammo to combat Kathleen Hatlelid in the Sherfield case as well. Cindy is one of the most experienced attorneys in child sex abuse cases in the state. Good work, Cindy!
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DAVID OGLE, (OCDW 02.25.08), Ogle & Welch, P.C. in OKC, convinced federal district judge Ronald White in the Mitchell opinion that the Oklahoma Court of Criminal Appeals applied the law incorrectly, thus saving the viability of his client's claim against an attack on statute of limitations grounds. The one-year SOL under the AEDPA is pretty darn stout and it is quite an accomplishment when it is circumvented in favor of a client. Terrific work, David!
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DAVID AUTRY, (OCDW 01.28.08), OKC, represented Mr. Brown on appeal and gave us all a very good published opinion concerning the interpretation of the child-porn possession statute. This is another terrific win for David!
JULIA SUMMERS, (OCDW 01.28.08), Fed. Pub. Def. OKC, (I am told) has received a favorable ruling out of the Western District in a "Sexually Dangerous Person" civil commitment case. The case may be the first one in the country to be "tried" via an evidentiary hearing. I will try to obtain the written order this week and post it in the next issue. But, sounds like terrific advocacy from Julia!
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SHENA BURGESS, (OCDW 01.21.08), Tulsa County P.D., won an acquittal in a First Degree Murder and Shooting w/Intent to Kill case last week in Tulsa County before the Hon. Jesse Harris. I am informed that identification was an issue and that the client did not testify. Also, the jury apparently reached an impasse upon which Judge Harris administered an Allen charge. From my appellate practice, it seems like once the jury is instructed this way a conviction follows a good amount of the time. But in this case they jury returned the magical "not guilty." Terrific work Shena!
JACK GORDON & STEVEN HIGHTOWER, (OCDW 01.21.08), began the defense of Wesley Deion Jones in Tulsa a couple of weeks ago. Jones had won a re-trial on appeal in his capital murder case. However, the State abruptly changed its tune during voir dire and offered LWOP which Jones accepted. This was unexpected since Jones had been convicted and sentenced to death once before. Very nice work by Jack and Steven!
RICKI J. WALTERSCHEID, (OCDW 01.21.08), OIDS, saved Mr. Schwab from the perils of the criminal justice system because his nefarious deeds were not crimes when he committed them! Good eye, Ricki!
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MICHAEL S. JOHNSON, OKC, represented Mr. Thompson in Oklahoma City municipal court on a charge of Public Intoxication and Thompson was hit with a whopping $69 fine. This will not stand! And, indeed, it did not, as Michael took the case to the Court of Criminal Appeals where it was promptly reversed and remanded with instructions to dismiss! Very nice, Michael!
CHERYL RAMSEY, Stillwater, reported that she was in a non-jury trial in Delaware County in a Negligent Homicide case when Judge Alicia Littlefield halted the proceedings abruptly in a good way when she sustained Cheryl's demurrer! Very nice, Cheryl!
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DAVID OGLE, Ogle & Welch, P.C. in OKC, convinced federal district judge Ronald White in the Mitchell opinion featured above that the Oklahoma Court of Criminal Appeals applied the law incorrectly, thus saving the viability of his client's claim against an attack on statute of limitations grounds. The one-year SOL under the AEDPA is pretty darn stout and it is quite an accomplishment when it is circumvented in favor of a client. Terrific work, David!
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VINCENT ANTONIOLI, now at the D.A.'s Office in Logan County, was able to work some appellate magic during his time in private practice much to the delight of Mr. Ise, who now will get a new trial on his misdemeanor charges in Love County. Very nice, Vincent!
STEPHEN GREUBEL, Tulsa County P.D., won a huge appellate victory for the touchy-feely Mr. Free, avoiding mandatory LWOP and affording him a new trial(!) Pretty salty, Stephen!
STEVE HIGHTOWER, Tulsa, represented Kenneth Dominick Johnson in a capital murder case in Tulsa County last week. Johnson was convicted of murdering three persons, including a 10-year-old girl. The jury recommended LWOP and rejected the State's efforts to impose the death penalty. These are very tough cases and takes sharp lawyering skills to achieve a sentence other than death. Good job, Steve!
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RICHARD O'CARROLL, Tulsa, did not get the full win for Prentiss Elliott in the case cited above, but still, when your client starts out charged with a felony but ends up with a misdemeanor conviction and only a $250.00 fine, that is pretty darn good lawyerin'. Kudos, Richard!
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SCOTT TROY, Tulsa, won an acquittal last week before the Hon. Dana Kuhn. The allegations were Assault and Battery w/Intent to Kill. The State seemed to think that Scott's client, in the words of Richard O'Carroll, "inveigled his girlfriend to a bridge and then threw her off it after a reasonable amount of torture." That sounds bad. But the jury apparently thought it was all good and rejected the State's evidence, in large part because of the cross-examination by Scott of the complaining witness. Congratulations, Scott!
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MARK P. HOOVER, OIDS, convinced the Court of Criminal Appeals that its conscience should be shocked by the sentence meted out to the hapless Mr. Jinks. In 85% crime land, there is a huge difference between a 20 and a 5. Good work, Mark!
JOAN L. LOPEZ, OKC, won a nice victory in the Court of Criminal Appeals on a rare state habeas corpus claim. Very nice, Joan!
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DAVID AUTRY, OKC, scored a nice appellate win for Keary Littlejohn who was sentenced to death in Oklahoma County. As a result of David's fine advocacy, Littlejohn's death sentence was vacated and the case re-manded for re-sentencing. Another good result for David!
FAUSTINE ELIZABETH CURRY, OK CO P.D., won a new trial on appeal for the alibi-challenged Mr. Jones in Oklahoma County. Terrific work, Faustine!
MARK P. HOOVER, OIDS, makes an impressive second straight trip to the Victories section for winning the appeal for Jeffrey Carpenter in the Youthful Offender case above. Very impressive work, Mark!
CYNTHIA A. VIOL, OKC, won the habeas case on appeal for Mr. Neugent and also gave us some ammo to combat Kathleen Hatlelid in the Sherfield case as well. Cindy is one of the most experienced attorneys in child sex abuse cases in the state. Good work, Cindy!
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BILL J. BAZE, OIDS, invoked on appeal the fertile claim under Anderson that Gibson was not afforded the right to instruct his jury on the applicability of the 85% law at his trial, resulting in vacatur of his 30-year sentence and a remand for re-sentencing. Solid work, Bill!
CHRIS & JEFF EULBERG, OKC, walked their client out of Judge Black's courtroom at the Oklahoma County courthouse last week in what I believe was a Lewd Acts case, although I do not have many details. Congrats, Chris and Jeff!
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