I would like to remind everyone that I am also the Editor of The Gauntlet, which is the publication of the Oklahoma Criminal Defense Lawyers Association.  I would like to see more contributions of articles, case-notes and the like from a more diverse section of the state that we have had in the past (I do a lot of the case summaries and for the most part the lawyers from OKC and Tulsa contribute the rest).  Please think about contributing a piece of the upcoming edition.  There is still plenty of time.  Pieces do not have to be long and tedious (it is not a law review) and myself and others can assist with editing and proofreading.  If you have any questions or have an idea, just contact me at jameshankins@ocdw.com or 405.605.6644. ----Ed.

"Send lawyers, guns and money, the shit has hit the fan."
--Warren Zevon, "Lawyers, Guns and Money" (song) (1978)


CHRIS EULBERG, OKC, represented the passenger in a case where the driver was charged with DUI.  The passenger was charged with public intoxication, even though he admitted to drinking 5-6 beers while fishing but denied being drunk.  Chris had no problem convincing the jury in Cleveland County that was indeed the case.  Not guilty in about nine minutes.  Way to go, Chris!

S. GAIL GUNNING, OIDS, and BILL SMITH, OKC, were the appellate and trial lawyers, respectively, in the search and seizure case involving William Hibdon in Grady County.  Search and seizure issues are truly a team effort since trial counsel must raise the issue at trial or it is waived.  Bill did so, and Gail drove it home, giving us an excellent opinion in this area of the law.  Thanks Bill and Gail!

GARY HENRY, Norman, had the unenviable task of representing a very unpopular defendant in Enid in a two-count first degree murder case.  The client was named Rudarty Redbone Archilta, Sr., and there was apparently blood on his pants that matched the victims'.  Gary took the highly unusual step of trying this case before the court rather than a jury.  Associate District Judge Tom Newby deliberated for a few hours before reconvening court where, according to the press, after court clerk Margaret Jones read the not guilty verdict there were "collective gasps" from the audience.  Amazing victory for Gary!

ROB NIGH, Tulsa, defended a male nurse in Tulsa County last week accused of second-degree rape.  The jury deliberated two-and-half hours before finding his client not guilty.  Another good win for Rob!


Hearsay

PSYCHIATRIC BICKERING:  The American Psychiatric Association has announced that the publication of the DSM-V will be delayed until May 2013.  The cause of the delay is conflict over the extensive revisions which, according to some critics, will extend definitions of mental illnesses so broadly that tens of millions of people will be given unnecessary and risky drugs.

JUDGE HENRY RESIGNS FROM TENTH CIRCUIT:  In a surprise move from the Tenth Circuit, Chief Judge Robert Henry announced last week that he will resign from the federal bench effective June 30, 2010, and will assume the position of President of Oklahoma City University on July 1.

OIDS FEELING BUDGET WOES:  Every sector of state government is feeling a financial pinch and the Oklahoma Indigent Defense System is no different.  Furloughs are in store for the near future and, as this article makes clear, the fighting for legislative dollars is the battle behind the battle.

CLEMENCY DENIED:  The Oklahoma Pardon and Parole Board denied clemency by a vote of 4-1 to death row inmate Julius Ricardo Young.  Young was sentenced to death for the 1993 beating deaths of a woman and her 6-year-old son.

KENTUCKY STICKS WITH 3-DRUG EXECUTION METHOD:  Officials in Kentucky announced that it will not change its execution protocol from a 3-drug cocktail to a one-drug method as Ohio has done earlier this year. 

 


                                        ------LEGAL CALENDAR------



THURSDAY, JANUARY 7-10, 2010:  The Sixth National Seminar on Forensic Evidence and The Criminal Law will take place at the Hilton San Diego Bayfront, San Diego, California.    The memo says that there is no tuition and materials will be provided to participants free of charge.  CLE will be sought in all jurisdictions in which it is available (Oklahoma should qualify).

WEDNESDAY, AUGUST 25, 2010 through SATURDAY, AUGUST 28, 2010:  The Tenth Circuit Bench and Bar Conference will be held at The Broadmoor, Colorado Springs, CO.  Attending the conference will be Justices Sonia Sotomayor and Ruth Bader Ginsburg.  CLE is available.