Manh Micahel Mach v. State, No. F-2006-538 (Okl.Cr., November 15, 2007) (unpublished):  Double Jeopardy/21 O.S. 11:  Mach was tried at a bench trial in Tulsa County before the Hon. P. Thomas Thornbrugh and found guilty of six drug counts.  Three of the counts involved Possession with Intent to Distribute Cocaine, Methamphetamine, and Marijuana, respectively.  The Court held that convictions for these three crimes violated the constitutional prohibition against multiple punishments for the same offense.  The Court stated that 63 O.S. sec. 2-401(A) prohibits possession of these drugs without regard to the number or type of drug involved; thus, there was only one violation of this statute.  The remedy is that counts 2 and 3 are reversed with instructions to dismiss.


Tenth Circuit

No notable cases from the short week last week.


United States Supreme Court

No new cases.

CERTIORARI GRANT OF NOTE:  Last Tuesday, November 20, 2007, the Court granted certiorari in what could be the most significant Second Amendment case in more than half a century.  In the case below, the Court of Appeals for the D.C. Circuit found that the Second Amendment conferred a right to private citizens to possess guns and that an ordinance by the District of Columbia violated the Second Amendment rights of Dick A. Heller by interfering with his right to keep a handgun in his home.  The Order granting certiorari can be found HERE.  The case style in the Supreme Court is District of Columbia, et al. v. Dick A. Heller, No. 07-290.  The question presented is set forth as follows:

"Whether the following provisions--D.C. Code sections 7-2502.02(a)(4), 22-4505(a), and 7-2507.02--violate the Second Amendment rights of individuals who are not affiliated with any state-regulated militia, but who wish to keep handguns and other firearms for private use in their homes?"
    

Other Cases of Note

Mann v. Georgia Dept. of Corrections, No. S07A1043 (Ga., November 21, 2007):  Sex Offender Registration:  Interesting case where the Court held that Georgia's regulatory scheme governing sex offenders violated the "takings" clause of the Constitution with regard to his residence, but not as to his business.  As to his residence, he bought his home when it complied with the sex offender regulations, but a daycare moved close to his home which resulted in a violation.  The Court held that this "regulatory taking" of his property was done without just and adequate compensation.  However, his half-interest in a restaurant was a different story and the Court was not persuaded that it was too onerous under the facts.

United States v. Christman, No. 06-3266 (6th Cir., November 20, 2007):  Federal Sentencing Guidelines:  Sentence in a child porn possession case vacated when District Court relied upon ex parte conversations with a probation officer and a pre-trial services officer that influenced his sentencing decision.


Victories

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



STUART SOUTHERLAND, Tulsa Co. Public Defender's Office, secured some appellate relief for Mr. Mach in the unreported case featured above (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:  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! 


Hearsay

THE ORDEAL OF JOHNNY ALBERT:  The Oklahoma Gazette ran a piece in the November 21, 2007, edition on the ordeal of OKC attorney Johnny Albert.  Johnny is well-known to those of us who practice in the OKC area, but may not be as well-known to others who practice in other parts of Oklahoma.  Johnny graduated from OU law school in 1992 and went to the Oklahoma County Public Defender's Office where he put together an unbelievable string of jury trial acquittals, something in the neighborhood of winning 21 out 22 at one point.  He won The Clarence Darrow Award for that stretch of victories.  In fact, I do not know of another lawyer who has tried more jury trials at such a pace as Johnny.  Johnny let some personal problems bring him down in the last few years, but has come back and is practicing again.  The Gazette article is titled "Sober Justice" but does not read as a hit piece to me.  I hope others read it the same way, as a story with a message of inspiration and of overcoming problems to regain one's life and professional stature.  Hang in there, Johnny.


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

TUESDAY, JANUARY 8, 2007:  OIDS is sponsoring a seminar from 1:00 p.m. to 5:00 p.m. in Room 104 of the State Capitol Building.  The seminar will focus on the use of the ABA Guidelines in capital cases and the importance of mitigation evidence.  Presenters include Robin Maher, Director of the Death Penalty Representation Project, and Russ Stetler, an experience capital case litigator.  OIDS is in the process of obtaining CLE approval.  A registration form will be available on the OIDS web site.




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